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HomeMy WebLinkAboutOrdinance 02- 1577 Zoning map amendment, b-2 ORDINANCE NO. 1577 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 22.842 ACRES SITUATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND NORTHWEST QUARTER SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA. WHEREAS, the proposed zone map amendment to establish an initial municipal zoning designation of "B-2", (Community Business District) on 22.842 acres has been properly submitted, reviewed and advertised; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on December 21, 1999, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, no one from the general pUblic spoke in opposition to the zone map amendment; and WHEREAS, the City of 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 January 18, 2000, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, no one from the general public spoke in opposition to, or in favor of, the zone map amendment; and WHEREAS, the City Commission, finding there was no public testimony elected to waive its Rules of Procedure to postpone its decision one week and make a decision on said matter; 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, as recommended by the Zoning Commission, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on January 18, 2000, the City Commission found that the proposed zone map amendment would be in compliance with the Bozeman Area Master Plan and would be in the public interest upon annexation of the subject property; and WHEREAS, the subject property was annexed through adoption of Commission Resolution No. 3542, adopted on the 23rd day of September 2002. 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 initially established as "B-2" (Community Business District). A tract of land described in Film 81, Page 543, Records of Gallatin County, situated in the NE1/4 Section 1, T2S, R5E, and in the NW1/4 Section 6, T2S, R6E, P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which bears N37059'04"W a distance of 83.09 feet from the 1 /4 corner common to said Sections 1 and 6, said point being the southeast corner of Lot 2A of Minor Subdivision No.1 09B; thence along the east line of said Lot 2A and Lot 1 of Minor Subdivision No.1 09 N01 o16'30"E a distance of 952.37 feet to a point on the southerly right-of-way line of Interstate 90; thence along said right-of-way line S72017'38"E a distance of 324.41 feet and along a non-tangent curve to the right having a radial bearing of S17044'19"W and a radius of 22,795.00 feet a distance of 1096.81 feet to the northwest corner of Tract 2 of Certificate of Survey No. 2128B; thence along the westerly line of said Tract 2 801026'44"E a distance of 372.92 feet and S47004'50"W a distanceof207.62 feet to a point on the north right-of-way line of West Oak Street; thence along said right-of-way line along a non-tangent curve to the left having a radial bearing of S07049'32"W and a radius of 994.93 feet a distance of 126.23 feet and N89026'37"W a distance of 1 098.07 feet to the Point of Beginning. The computed area of the herein described parcel is 22.842 acres, more or less, along with and subject to all easements. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 23rd day of September 2002. STd KIR~, -;,;;yor---- ATTEST: c?~J ~ RO N L. SULLIVAN Clerk of the Commission - 2 - PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a special session thereof held on the 7th day of October 2002. S~.RZ'~ ATTEST: rJFJ~J R BIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 3 - - ------- ---------------- _________..u__._.."._. ""._. e e ZONE MAP AMENDMENT : AN UNPLA TIED ffiACT OF LAND BEING THE ffiACT OF LAND DESCRIBED IN FILM 81. PAGE 543. RECORDS OF GAu.ATIN COUNTY. SITUATED IN THE NE1/4 SECTION 1. T2S. R5E. AND IN THE NW1 /4 SECTION 6, T2S. R6E. P.M.M., GALlAl1N GOlINTY. MONTANA ~ FOR: GEORGE WESTLAKE &. KAY IoIARllNEN AUGUST, 2002 N BY: GASTON ENGINEERING AND SURVEYING BOZEMAN, MONTANA SCALE: 1-=200' i DESCRlP110N . A tract of Iond beinV the tract of land dellCtibed in Film 81, Page 543, Records of Gullatin County, situated In the NE1/4 Section " T2$. RSE, and In the NWI/4 Section 6. T2S, R6E, P.M.M., GoUoUn . County, Montana, and being further described as follows: ! I Beginning at a point which beors N37'S9'04"W 0 distance of 83.09 feet from the 1/4 comer common t to soid Sections 1 ond 6, said point being the southeast comer of Lot 2A of Minor Subdivision No. I 109B; thence along the east line of sold Lot 2A and Lot 1 of ..in....- Subdivision No. 109 N01'16'3Q"E I a distGnce of 952.37 feet to 0 point on the southerly right-of-way line of Inters tote 90; thence i _JY - oIong sold right-of-way line 57217'38"E a distance of 324.41 feet and oIong 0 non-tangent curw ! to the right having 0 radial bearing of S1T44'19"W and 0 rodiuS of 22,795.00 feet a distGl1ce of i 1096.81 feet to the northwest corner of Troc;t 2 of Certifieote of SU.......y No. 21288; thence GIang the I westerly line of sold Troct 2 501"26'44"[ 0 distance of 372.92 feet and S4T04'5D"W 0 distance of i 207.62 feet to 0 point an the north right-of-woy line of West Oak Street; thence olong sold i right-of-way 11n.. IIIQng II non-tQngent cuna to the left having 0 rodk14 bearing of SOT49'32"W md i a racflUs of 994.93 feet a distance of 126.23 fSAt and N89"26'37"W 0 distance of 1098.07 feet to f th.. Point of Beginning. Said tract being 22.842 acres. I I ,I~~~ i ~ II ...- e.A.9SCF~9 f I ~ II BEARINGS FOR THIS EXHIBIT ARE ! :..-== BASED ON THE EAST UNE OF - - ~ 1;:; ..INOR SUBDIIIISlON No. 109 BEING I ~i ~Lll ~ NOn6'3QvE I ~~=~tII---- I - ...1 RS ZONING .,-~.~-..,,~ I - (COUNTY) - n/~ Q I ~v--u II '-/ fD) ~ (G ~ ~ \Yl ~ ~ ~.~ I I --Inj ~~ tru AUG 1 6 2002 0 ~[~ ~~I II n -- - 21.8oU AaIES I ......IM\....UII ~i It- Jiii$. DEPARTMENT OF PLANNING:J ~ .~ 11_ AND COMMUNITY DEVELOPMENT ! I~~= . I .. N"'....... J--- ~ ,."" c," ~ I ~, N89"26';,vw 108a.0T H-W4.9J ~-~_ ---~---- - -..-.-.-.... ... ---. --- .._..".______...._.. ... L""28 --,,"- 1= ~ "E:'r . ~'TREEr . ---. -. - _"_n n---.-...,.7" lID I ....._..__:~ .~ OM!. , - . !~ c;J- ..----..--.., - ! -. ...- 1-----.....-- --.......------ - ,........_..... N-~~_-__~~~~_~__~_~~__~~~r. ____~__~ ~..............._ .---'-~~'-----"""""~-, lMt,;; AD{)I 'f'Jl.W -- ~~-- --_ ... ..""-'.~~'i'""."" I I pU -p~ I -- GASTON ENGINEERING & SURVEYING PROJECT: 99-558 OA TE: AUGUST, 2002 P.O. BOX 861 BOZEMAN, MT 59771 (406) 586-0588 DRAWING: 99-558 ANX~ZMA.DWG SHEET 1 OF 1 -.. - -.- .---...-..---