HomeMy WebLinkAboutResolution 3225 Master Plan Amendment for Valley West Annexation, 404.5
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COMMISSION RESOLUTION NO. 3225
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE LAND
USE ELEMENT OF THE 1990
BOZEMAN AREA MASTER
PLAN UPDATE FROM "SUBURBAN
RESIDENTIAL", "RURAL RESIDENTIAL" AND "URBAN RESIDENTIAL" TO
"URBAN RESIDENTIAL INFILL" AND "BUSINESS PARK/INDUSTRIAL" ON
404.5 ACRES KNOWN AS THE VALLEY WEST ANNEXATION, LOCATED
IN THE NORTHWEST QUARTER AND A PORTION OF THE SOUTHWEST
QUARTER OF SECTION 10, AND IN PORTIONS OF THE NORTHEAST
QUARTER AND THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP
2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN.
WHEREAS, the City of Bozeman and Gallatin County Commission have adopted a
master plan, pursuant to Section 76-1-604, M.C.A.; and
WHEREAS, the City of Bozeman received a request for a Master Plan Amendment
from Morrison Maierle, Inc., representing various property owners of the property, requesting
the City Commission to amend the land use designation and extend the urban growth and
sewer service boundaries of the 1990 Bozeman Area Master Plan Update on portions of
404.50 acres lying along the south side of Durston Road, west of Ferguson Road, and north
of US Highway 191, County of Gallatin, State of Montana, in conjunction with a request for
annexation and zone map amendment; and
WHEREAS, the proposed master plan amendment was reviewed and advertised in
accordance with the procedures set forth in Section 76-1-601, et seq., M.C.A., and the
1990 Bozeman Area Master Plan Update, dated October 1990; and
WHEREAS, the City-County Planning Board opened and conducted a public hearing
on the application for said amendment at its regular meeting held on June 17, 1997; and
WHEREAS, the City-County Planning Board continued its public hearing to July 1,
1997, taking into careful consideration the criteria set forth for review of Master Plan
Amendment applications; and
WHEREAS, the City-County Planning Board found that the application complies with
each of the approval criteria established in Chapter 5 of the 1990 Bozeman Area Master Plan
Update, and that the proposed amendment constitutes an overall improvement to the Plan;
and
WHEREAS, subsequent to its public hearing, the City~County Planning Board voted,
on a vote of 7-1, to recommend to the Bozeman City Commission and the Gallatin County
Board of Commissioners that the requested master plan amendment to amend the land use
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designation trom "Suburban Residential", "Rural Residential" and "Urban Residential" to
"Urban Residential Intill" and "Business Park/Industrial" be approved;
WHEREAS, the City Commission adopted Commission Resolution No. 3188 on July
7, 1997, stating its intent to revise the 1990 Bozeman Area Master Plan Update to amend
the land use designation trom "Suburban Residential", "Rural Residential" and "Urban
Residential" to "Urban Residential Intill" and "Business Park/Industrial" on the subject
property and extend the urban growth and sewer service boundaries to include the subject
404.5 acres; and
WHEREAS, the City Commission opened its public hearing on July 7, 1997; and
WHEREAS, the City Commission continued its public hearing to July 14, 1997, to
receive and review all written and oral testimony on the requested master plan amendment;
and
WHEREAS, the City Commission reopened the public hearing on August 4, 1997,
to receive additional written and oral testimony on the requested master plan amendment;
and
WHEREAS, no objections to said Master Plan Amendment were raised at the public
hearings; and
WHEREAS, the City Commission has reviewed and considered the tour criteria
established in the 1990 Bozeman Area Master Plan Update, and found the proposed master
plan amendment to be in compliance with the four criteria; and
WHEREAS, the City Commission has found the proposed master plan amendment
to amend the land use designation trom "Suburban Residential", "Rural Residential" and
"Urban Residential" to "Urban Residential Intill" and "Business Park/Industrial" to be
appropriate and constitute an overall improvement to the plan, contingent upon annexation;
and
WHEREAS, on December 22, 1997, the City Commission adopted Commission
Resolution No. 3222, annexing said property to the City ot Bozeman.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City ot
Bozeman, Montana:
Section 1
That the 1990 Bozeman Area Master Plan Update is hereby amended by amending
the land use designations within the Valley West Annexation from "Urban Residential",
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"Rural Residential", and "Suburban Residential" to "Urban Residential Inti II", with the
exception of approximately 40 acres located at the northwest corner of US 191 and
Cottonwood Road, which shall be designated as "Business Park/Industrial". Said property
is more particularly described as follows:
Beginning at a point which is the N 1/4 Corner of Section 10,
T2S, R5E,
PMM, Gallatin County, Montana;
Thence as per C.O.S. No. 1829 through the following courses:
On and along the northerly section line of said Section 10,
West a distance
of 738.56 feet;
Thence S 00"11 '06" E a distance of 881.78 feet;
Thence S 88" 29'50" W a distance of 639.07 feet;
Thence N 00"08'59" E a distance of 898.54 feet back
to the northerly section line of said Section 10;
Thence West a distance of 621.46 feet;
Thence as per C.O.S. No. 985 through the following courses:
Thence S 01 "06'05" W a distance of 408.00 feet;
Thence West a distance of 600.00 feet;
Thence N 01 "06'05" E a distance of 408.00 feet to the
northerly section line of said Section 10;
Thence, on and along said northerly section line, West a
distance of 45.00 feet to the NW Section Corner of said
Section 10.
Thence as per C.O.S. No. 1005 through the following courses:
Thence, on and along the northerly section line of
Section 9, T2S, R5E, PMM, Gallatin County, Montana:
Thence S 89" 46' 41" W a distance of 1322.00 feet;
Thence S 89" 47'28" W a distance of 1321.92 feet to
the N 1/4 Corner of said Section 9;
Thence S 88" 02' 49" W a distance of 1337.75 feet;
Thence, leaving
said northerly section line,
S 00" 56' 43" W a distance of 1342.17 feet;
Thence N 88" 26'20" E a distance of 1336.80 feet;
Thence N 89 "19'32" E a distance of 1320.65 feet;
Thence S 01 "01 '59" W a distance of 1340.80 feet;
Thence S 00" 40'07" W a distance of 1332.19 feet;
Thence S 00" 40'07" W a distance of 1230.70 feet to
the newly established (70 foot) right-of-way of US HWY
191 ;
Thence as per Film 143 page 2933 and rotated J.C. Billion Auto
Plaza
Subdivision Plat (J-180) through the following courses:
Thence N 89 "16'30" E a distance of 1290.01 feet;
Thence N 89" 51 '53" E a distance of 42.53 feet to the
rotated C.O.S. No. 1946 ;
Thence continuing on and along said right-of-way,
through a curve to the left of radius 22988.31 feet,
internal angle of 00"11'20" and arc length of 75.78
feet;
Thence N 89"51'53" E a distance of 257.21 feet;
Thence, leaving said right-of way, N 00"22'58" E a
distance of
2564.71 feet to a point
bearing
S 89"51'45" E and 333.53 feet from the W 1/4 Corner
of said Section 10 and on the E-W mid-section line of
said Section 10;
Thence, on and
along said E-W mid-section
line,
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5 89D52'31" E a distance of 2334.39 feet to the C 1/4
of said Section 10;
Thence as per C.O.S. No.1 005 through the following courses:
Thence, on and along the N-S mid-section line of said
Section 10, N 00D28'12" E a distance of 2665.90 feet
to the N 1/4 of said Section 10 and the point of
beginning.
Said Tract is, more or less, 404.50 acres and is subject to all easements of
record.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 20th day of
January 1998.
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ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
i~~w
PAUL J/E E .
City Attorney
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