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HomeMy WebLinkAboutOrdinance 09- 1756 Amending Bozeman Zone Map.: --- ORDINANCE NO. 1756 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL ZONING DESIGNATION OF M-1 (LIGHT MANUFACTURING DISTRICT) FOR APPROXIMATELY 2.17 ACRES ON PROPERTY LOCATED ON THE WEST SIDE OF MAUS LANE, NORTH OF GRIFFIN DRIVE, IN THE SE 1/4 OF SECTION 36, T1S, RSE, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of M-1 (Light Manufacturing District) on 2.17 acres has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on October 16, 2007, 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 as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on October 24, 2007, 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 map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the twelve criteria; and WHEREAS, at its meeting held on October 24, 2007, the City Commission found that the proposed zone map amendment would be in compliance with Bowman's adopted growth policy and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the s City of Bozeman, Montana: Section 1 That the zoning district designation of the following-described property is hereby designated as M-1 (Light Manufacturing District): A PARCEL OF LAND BEING A PORTION OF MAUS LANE AND LOT 28 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38 OF GALLATIN COUNTY RECORDS, LOCATED IN THE SE1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 15B OF MINOR SUBDIVISION No. 49; THENCE S 89°42'00" E, 307.90 FEET ALONG THE SOUTH LINE OF LOT 16 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION TO THE EASTERLY RIGHT-OF-WAY LIMIT OF MAUS LANE; THENCE THROUGH THE FOLLOWING TWO COURSES ALONG SAID RIGHT- OF-WAY LIMIT: 1) ALONG A 40.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH AN INTERNAL ANGLE OF 9°09'29", AN ARC DISTANCE OF 6.39 FEET (CHORD BEARINGS 04° 19'44" W, 6.39 FEET); 2) S 00° 15'00" E, 299.89 FEET; THENCE N 89°39'13" W, 310.33 FEET TO THE SOUTHEAST CORNER OF LOT 15B OF MINOR SUBDIVISION No. 49; THENCE N 00°18'00" E, 306.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.17 ACRES, MORE OR LESS, SUBJECT TO ANY EXISTING EASEMENTS AND OR RIGHTS OF WAYS, WHETHER OF RECORD OR APPARENT ON THE GROUND. LEGAL DESCRIPTION: LOT 28 A PARCEL OF LAND BEING LOT 28 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38 OF GALLATIN COUNTY RECORDS, LOCATED IN THE SE1/4 OF SECTION 36, TOWNSHIP I SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 15B OF MINOR SUBDIVISION No. 49; THENCE S 89°42'00" E, 247.39 FEET ALONG THE SOUTH LINE OF LOT 16 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION TO THE WESTERLY RIGHT-OF-WAY LIMIT OF MAUS LANE; THENCE S 00°15'00" E, 306.22 FEET ALONG SAID RIGHT-OF-WAYLIMIT; THENCE N 89°39'13" W, 250.33 FEET TO THE SOUTHEAST CORNER OF LOT 15B OF MINOR SUBDIVISION No. 49; THENCE N 00°18'00" E, 306.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.75 ACRES, MORE OR LESS, SUBJECT TO ANY EXISTING EASEMENTS AND OR RIGHTS OF WAYS, WHETHER OF RECORD OR APPARENT ON THE GROUND. LEGAL DESCRIPTION: MAUS LANE RIGHT-OF-WAY A PARCEL OF LAND BEING A PORTION OF MAUS LANE, LOCATED IN THE SE1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 28 OF MINOR SUBDIVISION No. 49; THENCE S 89°42'00" E, 60.51 FEET TO THE EASTERLY RIGHT-OF-WAY LIMIT OF MAUS LANE; THENCE THROUGH THE FOLLOWING TWO COURSES ALONG SAID RIGHT-OF-WAY LIMIT: 1) ALONG A 40.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH AN INTERNAL ANGLE OF 9°09'29", AN ARC DISTANCE OF 6.39 FEET (CHORD BEARINGS 04°19'44" W, 6.39 FEET); 2) S 00°15'00" E, 299.89 FEET; THENCE N 89°39'13" W, 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 28 OF MINOR SUBDIVISION No. 49; THENCE N 00°15'00" W, 306.22 FEET TO THE POINT OF BEGINNING, CONTAINING 0.42 ACRES, MORE OR LESS, SUBJECT TO ANY EXISTING EASEMENTS AND OR RIGHTS OF WAYS, WHETHER OF RECORD OR APPARENT ON THE GROUND. Said parcel containing 2.17 acres more or less. 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 5th day of January, 2009. F S r m Mayor 3 ATTEST: ST CY LME City PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 2"d day of February, 2009. KAAREN JACO ON " Mayor ATTEST: ST MEN City APPROVED AS TO FORM: TIIGI COOPER--~~~ ~ Assistant City Attorney 4