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HomeMy WebLinkAboutOrdinance 04- 1620 Amends zone map, Swenson, Valley Center & 27th ~T ORDINANCE NO. 1620 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "B.2" (COMMUNITY BUSINESS DISTRICT) ON 8.06 ACRES lOCATED IN THE SW % OF SECTION 26, T1S, R5E, PMM, GAllATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of "B-2". Community Business District, has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on June 3, 2003, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved; and WHEREAS, after proper notice, the City Commission held its public hearing on July 7,2003, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS. the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304. M.C.A., and found the proposed zone map amendment, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on July 7, 2003, the City Commission found that the proposed zone map amendment would be in compliance with the City of Bozeman Growth Policy and would be in the public interest upon annexation of the subject property; and WHEREAS, the subject property was annexed through adoption of Commission ResolutionNo. 3706, adopted on the 9th day of August, 2004. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman. Montana: Section 1 That the zoning district designation of the following-described property is hereby designated as "B-2" (Community Business District): A portion of the East Valley Center Road located in the southwest quarter of Section 26, Township 1 South. Range 5 East, P.M.M.. Gallatin County, Montana, being more particularly described as follows: Commencing at the south quarter corner of said Section 26; ..----- Thence along the north-south mid-section line of said Section 26, N 00048'34" E a distance of 1670.63 feet more or less, to the south Right of Way line of East Valley Center Road and the True Point of Beginning; Thence leaving said north-south mid-section line and running along said south Right of Way, N 53032'33" E a distance of 399.97 feet; Thence leaving said south Right of Way, N 36027'27" E a distance of 150.00 feet more or less, to an intersection with the centerline of East Valley Center Road; Thence along said north Right of Way S 53032'33" E a distance of 753.78 feet more or less, to the intersection with the existing City of Bozeman Boundary line as per Doc. #2071419. Thence along said line through the following courses: Thence S 44018'10" a distance of 35.11 feet more or less; Thence N 71048'40" W a distance of 367.54 feet more or less to the True Point of Beginning. Said tract contains 2.12 acres, more or lees, along with and subject to all easements of record or apparent on the ground. Together with a tract of land being a portion of Lot 1, Minor Subdivision No. 221, and part of Roxi Lane abandoned as per Document No.2036150, all as filed with the Gallatin County Clerk and Recorder, located in the Southwest Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly described as follows: Commencing at the south quarter comer of said Section 26; Thence along the north-south mid-section line of said Section 26, N 00048'34" E.a distance of 1061.82 feet, more or less, to the south east comer of Lot 1, Minor Sub #210 and the True Point of Beginning; Thence leaving said north-south mid-section line and running along said south line, S 89044'31" W a distance of 482.59 feet; Thence leaving said south line, N 00048'34" E distance of 486.64 feet; Thence along a curve to the right, said having a radius point bearing S 89011 '26" E a distance of 450.00 feet, through a central angle of 35038'52" an arc length of 279.98 feet; Thence N 36027'27" E distance of 125.52 feet, more or less to the south Right-of-way of East Valley Center Rood; Thence along the said south Right-of-way, S 530'32'33" E a distance of 399.97 feet, more or less, to the north-south mid-section line of Section 26; Thence along said north-south mid-section line, S 00048'34" W a distance of 608.81 feet, more or lees, to the True Point of Beginning; Said tract contains 8.06 acres, more or less, along with and subject to all easements of record or apparent on the ground. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. - 2 - PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 9th day of August 2004. AN ATTEST: ~~itu~ Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof eld 0 the 23rd day of August 2004. . CETRARO, Mayor ATTEST: ~.~~ Clerk of the Commission APPROVED AS TO FORM: -f'=U~~ TIMOTHY A. COO ER Acting City Attorney - 3 - ._"'-~-'" --.-.. SWENSON ZONE AMENDMENT MAP BEING PART OF LOT I OF MINOR SUBDIVISION 221 LOCATED IN THE SOUTHWEST QUARTER OF SECTION "< 26, TIS, R5E, P.M.M., GALLATIN COUNTY, MONTANA " 01/4 EC.28 ~j... 1..."'0 rJlS101-I 4I-~.!'-" ~"' LOT j SU80 ~~ 1A1~21 I-/fI'RD ..'I'~ ~I-IEO eOI! . . . .. 81tJ~8' LOT :I . OJ. . JJ $J~~~.,. ",~gI'/lSIDI-I T~.;,~fj SUO 221 O:'...?~ 1-1' <:1el1, ~. ~ :> 8.06 ~ .. ~ P ACRES ...~1 ;;; tOI-lE SA ~~1 P tol-lEO !5 s~2 z ~ ~~ .. ~: I" ~:g ~;,. t rr..A1 D[SCRIP110N !"", ~ . A portion of the Eott Vall'Y C,nt.. Road loealed In the 8~ .outh..m ql/arter af SRIJon 28. To..",hlp 1 South. Rang. 5 z Eott. 1'.11.11.. Gallalln Col/n~, lIontono. b.lng more partlal/luri}' d.."ribed a. folio...: Comm.nclng at the .outh quart.. com.. of .ald S.ctlon 28: Th.nc.alon~ the north-.outh mld-netlon IIn. of .ald S.~on 28, N 00'48 34" E 0 dtttona. of 1870.83 I..t mont or I.... 10 the .aulh Rltt af Way IIn. of Eo.1 Vall'y C.nler Road ond the P.O.B. Tru. Polnl 0 e.glnn'ng: ThIne. '"avlng .ald north-.outh mld-.~n IIn. and running N89"<<'31'[ LOT OIOn\ .ald .outh Right of Way. N $3"32'33' E a dlmnc. of lOT 3 748,42' 300. 7 f"t; DI~iC'T IAI~rJlsroN .SC~rPl' Th.ne. I.avln%o.old eouth Right of Way, N 38"27'27' E a SI! 221 dlttonc. of 1 .00 (.01 more or ,_, to on Inlereec\lon wllh NO. 10 SloN th. north Right of Way of Eo.t Vall'Y Cent.. Road: LOT 4A SI!SOrJI I" 1A11-I0~11" ~N Th.ne, along .ald north Righi of Way. S 53"32'33' E a dlttone. NO. "'''' of 753.78 f..1 more or I.... to the Inl"nclJan with the I ~..: .xl.llng City of Bo~.man Boundary IIn. a. p.r Doc. '2071419. 8~ z Th'nc, along .ald Iln.. throught the following cau,"': Th.nce $44'18'10'\\1 a dlotance of 35.11 t..1 more or ,.... Th.nc. N71'48'40'w 0 dl.tance of 387.54 f,ot more or 51/4 SEC.26 1"0 10 th, Tru. PoInt of Boglnnln9: Sold tract conloln. 2.12 aCIM, more or 1_. along with and IUbj'ct to all .alOm.nle of ..cord or apparent on the ground. T::ttelh.r with a tracl of land b.lna a r.:r\Ion of LDt I, IItnar Su MIlan No. 221, and part of oxl n. abandon.d 01 per Docum.nt No.2038150, 011 a. fll.d with tho Gallatin County CI.rI< ond Rocorder, Iocat.d In the .outhweot ~uart.r of Section 28, Townohlp 1 South, Rang. 5 Eaet, 1'.1.1.1.1., allall. County, Montona, b,lng more partlculari}' d..ertb,d al fOllowl: Comm.nclng at tho eouth quarter comor of oald Section 211: Th.nCI olon~ the north-Iouth mld-oecIIon IIn. of oald S.ctlon 26, N 00'48 34' E a dlmnce of 1081.82 feet, more or I.", to the eouth lOot comer of LDt I, IIlnor Sub , 210 and th, Tru. PoInt of alglnnlng: ThIne. I.avlng .ald north-Iouth mld-..~on IIn' and running along oald .outh IIn., S 811"4-4'31' W a dltt""'" of 482.58 f.et: Th.nc. '.avlng .ald oouth 11111, N 00'48'34' E dletance of 488,114 flot: Th.ncI along a CU/VI to the rtghl, oold having a rodluo paint bearing S 1111" 11'211' E a dlotanc. 01 450.00 feet, through a central anglo of 3"311'52' an arc IIngth o( 279.98 f.oI: Thenc. N 38"27'27' E dlmnc, of 125.52 feet, mo.. or Ie.., to the eouth Rlght-of-Woy of Eoet Volley C.ntor Road: Th,nc. alon\ the .old .outh Right-of-way, S 53"32'33' E a GRAPHIC SCALE dtttonce of 119.117 (eat, mo.. or II.., to the north-,outh mJd-..ctIon Un. of SocIIon 26: 200 _ ~ 100 200 Th,nce along .ald north-eouth mld-.oc\Ion IIn., ~- I I S 00'48'34" W a dlmn... of 608.81 f.et, mo.. or I.... to the ( IN FEET ) Tru. Point of B.glnnlng: Sold tract contolnl 1I.0es acre., more or "'10, a/ong wIth ond 1 inch = 200 ft, .ubject to all lalOmlnll of record or apporent on th. ground. c:ifJ MORRISON - - SWENSON ZONE MAIERLE,lNc, - - AMENDMENT. MAP -- ...................c~ ...."......._...._111.""'. _I~"'..", ""1"'1"'-"" CUENT: FIELD WORK- DATE: 03/12/04 PLOTTED DAn:: Mar/29/2004 - 11:22:50 om DRAWN BY: KW SCALE: 1""200' DRA'MNG NAME: H:\27e5\OOWl\ACAD\EXHIBIT\ANNEX.dwg CHECKED BY' PROJ 2765.002 SHEET --1- OF ---1- ,. -~ . --