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HomeMy WebLinkAboutOrdinance 97- 1441 Rezone (20) . -.-.-.....------- .-.-------.--.. ORDINANCE NO. 1441 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION ON TRACTS C-1, C-2, D~1 AND D~2 OF CERTIFICATE OF SURVEY NO. 1827, AND THE TRACT OF LAND IN SECTION 35, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, DESCRIBED ON FILM 17, PAGE 1115 IN THE OFFICIAL RECORDS OF THE GALLA TIN COUNTY CLERK AND RECORDER'S OFFICE, . FROM "AS" (AGRICULTURAL SUBURBAN) TO "BP" (BUSINESS PARK) ON 31.5 ACRES: TO "M~1" (LIGHT MANUFACTURING) ON 55.0 ACRES: TO "PLI" (PUBLIC LANDS AND INSTITUTIONS) ON 6.0 ACRES: AND TO "B-2" (COMMUNITY BUSINESS) ON 75.4 ACRES. WHEREAS, the proposed zone map amendment from "AS", Agricultural Suburban to "PU", Public Lands and Institutions, "M-l", Light Manufacturing, "B-2", Community Business, and "R-4", Residential--High Density, has been properly submitted, reviewed and advertised; and WHEREAS, the City-County Planning Board held a public hearing on November 12, 1996, to receive and review all written and oral testimony on the request for a zone map amendment: and WHEREAS, the City-County Planning Board recommended to the Bozeman City Commission that a zone map amendment from" AS", Agricultural Suburban, to "PU", Public Lands and Institutions, "M~l" Light Manufacturing, "B-2", Community Business, and "BP", Business Park, be approved; and . WHEREAS, after proper notice, the City Commission held its public hearing on November 18, 1996, 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, as recommended by the City-County Planning Board to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on November 18, 1996, 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, and that an ordinance amending the zone map would be brought before the Commission upon annexation of the subject parcel or upon application for . annexation and filing of a waiver of right to protest annexation; and WHEREAS, the City Commission acknowledged receipt of the request for annexation of the subject parcel at its meeting on the 5th day of February 1997; WHEREAS, a waiver of right to protest annexation was filed with the request for annexation. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the zoning district designation on the following-described property: . Tracts C-1, C-2, D-1 and D-2 of Certificate of Survey No. 1827, and the tract of land in Section 35, Township 2 South, Range 5 East, Montana Principal Meridian, described on Film 17, Page 1115 in the official records of the Gallatin County Clerk and Recorder's office is hereby amended from "AS" (Agricultural Suburban) to "BP" (Business Park) on 31.5 acres; to "M-1" (light Manufacturing) on 55 acres; to "PLI" (Public lands and Institutions) on 6.0 acres; and to "B-2" (Community Business) on 75.4 acres, as shown on Exhibit "A", and more particularly described as follows: BUSINESS PARK DISTRICT (BP) Parcels , & 2 Beginning at the South One Quarter (S *) corner of said Section 35, the point of beginning; thence North 00017'51" East, a distance of 2650.05 feet; thence North 89041 '41" East, a distance of 415.26 feet; thence South 01034'20" East, a distance of 170.61 feet; thence along an arc: curve length 1 01.55 feet, radius 200.00 feet, delta 29005'32", tangent length 51.90 feet, chord length . 100.46 feet, course South 12058'26" West, course in South 88025'40" West, course out South 62028'48" East; thence South 27031'12" West, a distance of 61.66 feet; thence along an arc: curve length 83.15 feet, radius 200.00 feet, delta 23049' 15", tangent length 42.18 feet, chord length 82.55 feet, course South 15036'34" West, course in South 62028'48" East, course out North 86018'03" West; thence South 00030'58" West, a distance of 232.41 feet; thence South 00000'00" West, a distance of 572.69 feet; thence along an arc: curve length 264.15 feet, radius 205.00 feet, delta 73049'37", tangent length 153.99 feet, chord length 246.25 feet, course South 36054'48" East, course in South 90000'00" East, course out South 16010'23" West; thence South 00022'47" West, a distance of 248.54 feet; thence South 23020'23" East, a distance of 297.18 feet; thence South 57006'50" East, a distance of 205.43 feet; thence South 36041 '43" East, a distance of 38.77 feet; thence South 00014'46" East, a distance of 580.00 feet; thence South 89045' 14" West, a distance of 820.00 feet. back to the South One Quarter (S *) of said Section 35. and the point of beginning. LIGHT MANUFACTURING DISTRICT (M-') Parcels 3, 4, 6, & 7 Beginning at the South One Quarter (S *) corner of said Section 35, thence North 89045'14" East, a distance of 1270.00 feet to the point of beginning; . thence North 00014'46" West, a distance of 580.00 feet; thence South 89045'14" West, a distance of 450.00 feet; thence North 36041 '43" West, a distance of 38.77 feet; thence North 57006'50" West, a distance of 205.43 feet; thence North 23020'23" West, a distance of 297.18 feet; thence North 00022'47" East, a distance of 248.54 feet; thence along an arc: curve length 264.15 feet, radius 205.00 feet, delta 73049'37", tangent length 153.99 feet. chord length 246.25 feet, course North 36054'48" West, course in North 16010'23" East, course out North 90000'00" West; thence North 00000'00" East, a distance of 572.69 feet; thence North 00030'58" East, a distance of 232.41 feet; thence along an arc: curve length 83.15 feet, radius 200.00 feet, - 2 - __nn_______. delta 23049'15", tangent length 42.18 feet, chord length 82.55 feet, course North 15036'34" East, course in South 86018'03" East, course out North 62028'48" West; thence North 27031'12" East, a distance of 61.66 feet; thence along an arc: curve length 1 01.55 feet, radius 200.00 feet, delta 29005'32", tangent length 51.90 feet, chord length 1 00.46 feet, course North 12058'26" East, course in North 62028'48" West, course out North 88025'40" East; thence North 01034'20" West, a distance of 170.61 feet; thence North 01034'20" West, a distance of 33.01 feet; thence North 89041 '41" East, a distance of 299.09 feet; thence South 00022'47" West, a distance of 243.73 . feet; thence South 00022'47" West, a distance of 940.61 feet; thence South 89037'13" East, a distance of 941.77 feet; thence South 00020'17" West, a distance of 863.60 feet; thence South 06002'00" East, a distance of 153.28 feet; thence along an arc: curve length 168.36 feet, radius 1969.86 feet, delta 04053'49", tangent length 84.23 feet, chord length 168.31 feet, course South 04021 '38" East, course in North 88005'17" East, course out South 83011 '28" West; thence North 73030'29" West, a distance of 18.12 feet; thence South 00017'09" East, a distance of 310.33 feet; thence South 89045'14" West, a distance of 398.59 feet, back to the point of beginning. Parcel 8 Commencing at the South One Quarter (S %) corner of said Section 35, thence North 00017'51" East a distance of 2650.05 feet to the point of beginning; thence North 00013'39" East, a distance of 1693.71 feet; thence South 90000'00" East, a distance of 425.75 feet; thence South 01056'27" West, a distance of 478.26 feet; thence South 06011'34" East, a distance of 542.04 feet; thence along an arc: curve length 118.18 feet, radius 200.00 feet, delta 33051 '21", tangent length 60.87 feet, chord length 116.47 feet, course South 1 0044'07" West, course in South 83048'26" West, course out South 62020'13" East; thence South 27039'47" West, a distance of 104.15 feet; . thence along an arc: curve length 117.87 feet, radius 200.00 feet, delta 33046'05", tangent length 60.70 feet, chord length 116.17 feet, course South 10046'45" West, course in South 62020' 1 3" East, course out South 83053'42" West; thence South 06006'18" East, a distance of 285.53 feet; thence South 01034'20" East, a distance of 69.93 feet; thence South 89041'41" West, a distance of 415.26 feet; back to the point of beginning. COMMERCIAL DISTRICT (B-2) Parcels 9, 10, & 11 Commencing at the South One Quarter (S %) corner of said Section 35; thence North 00017'51" East, a distance of 2650.05 feet; thence North 00013'39" East, a distance of 1693.71 feet, to the point of beginning; thence North 00013'39" East, a distance of 772.36 feet; thence South 88039'39" East, a distance of 133.00 feet; thence South 30045'39" East, a distance of 1 00.00 feet; thence North 84037'00" East, a distance of 143.12 feet; thence North 35029'36" East, a distance of 1 05.61 feet; thence South 85042'18" East, a distance of 462.85 feet; thence South 29042'12" East, a distance of 268.08 feet; thence North 86000'30" East, a distance of 13.79 feet; thence along an arc: curve length 680.59 feet, radius 1492.39 feet, delta 26007'45", tangent length 346.32 feet, chord length 674.71 feet, course South 33041'36" East, course in North 69022'16" East, course out South 43014'31" West; thence . South 33032'14" East, a distance of 41.36 feet; thence along an arc: curve length 54.65 feet, radius 1024.93 feet, delta 03003'19", tangent length 27.33 feet, chord length 54.65 feet, course South 49049'17" East, course in North 41042'22" East, course out South 38039'03" West; thence along an arc: curve length 267.64 feet, radius 1024.93 feet, delta 14057'42", tangent length 134.59 feet, chord length 266.88 feet, course South 58049'48" East, course in North 38039'03" East, course out South 23041 '21" West; thence South 66018'39" East, a distance of 25.88 feet; thence along an arc: curve length 357.95 feet, radius 3344.04 feet, delta 06007'59", tangent length 179.15 feet, chord length 357.78 feet, course South 04043'02" West, course in South 82012'59" East, course out North 88020'58" West; thence South 02039'59" - 3 - -------- West, a distance of 151.72 feet; thence South 00020' 17" West, a distance of 913.30 feet; thence South 00020'17" West, a distance of 221.98 feet; thence North 89037'13" West, a distance of 941.09 feet; thence North 00022'47" East, a distance of 243.73 feet; thence South 89041 '41" West, a distance of 299.09 feet; thence North 01034'20" West, a distance of 36.92 feet; thence North 06006'18" West, a distance of 285.53 feet; thence along an arc: curve length 117.87 feet, radius 200.00 feet, delta 33046'05", tangent length 60.70 feet, chord length 116.17 feet, course North 10046'45" East, course in North 83053'42" East, course out North 62020'13" West; thence North 27039'47" . East, a distance of 104.15 feet; thence along an arc: curve length 118.18 feet, radius 200.00 feet, delta 33051 '21 ", tangent length 60.87 feet, chord length 116.47 feet, course North 10044'07" East, course in North 62020'13" West, course out North 83048'26" East; thence North 06011 '34" West, a distance of 542.04 feet; thence North 01056'27" East, a distance of 478.26 feet; thence North 90000'00" West, a distance of 426.49 feet, back to the point of beginning. Parcel 1 2 Commencing at the North One Quarter (N %) corner of said Section 35; thence South 68046'23" East, a distance of 1207.15 feet to the point of beginning; thence North 78004'42" East, a distance of 319.29 feet; thence North 78004'42" East, a distance of 74.77 feet; thence along an arc: curve length 367.32 feet, radius 672.96 feet, delta 31016'24", tangent length 188.36 feet, chord length 362.77 feet, course South 47035'51" East, course in North 58002'21" East, course out South 26045'57" West; thence South 16048'00" West, a distance of 179.46 feet; thence South 00025'31" West, a distance of 85.37 feet; thence along an arc, curve length 217.02 feet, radius 3374.04 feet, delta 3 041 '07", tangent length 1 08.55 feet, chord length 216.99 feet, course South 12014'41" West, course in South 75054'45" East, course out North . 79035'52" West; thence along an arc: curve length 236.43 feet, radius 884.93 feet, delta 15018'29", tangent length 118.92 feet, chord length 235.73 feet, course North 55056'52" West, course in North 26023'53" East, course out South 41042'22" West; thence North 61056'06" West, a distance of 20.58 feet; thence along an arc: curve length 44.32 feet, radius 1367.39 feet, delta 01051 '26", tangent length 22.16 feet, chord length 44.32 feet, course North 46031 '38" West, course in North 42032'39" East, course out South 44024'05" West; thence along an arc: curve length 558.41 feet, radius 1367.39 feet, delta 23023'53", tangent length 283.15 feet, chord length 554.53 feet, course North 33053'58" West, course in North 44024'05" East, course out South 67047'58" West, back to the point of beginning. PUBLIC LANDS AND INSTITUTIONS (PLI) Parcel 5 Commencing at the South One Quarter (S %) corner of said Section 35; thence North 89045'14" East, a distance of 820.00 feet, to the point of beginning; thence North 00014'46" West, a distance of 580.00 feet; thence North 89045'14" East, a distance of 450.00 feet; thence South 00014'46" East, a distance of 580.00 feet; thence South 89045'14" West, a distance of 450.00 feet, back to the point of beginning. . Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. - 4 - PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 17th day of March 1997. ( ~~ L;/5~-~ DON E. STUECK, Mayor . ATTEST: f~ ~ ROBIN L. SULLIVAN Clerk of the Commission 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 _~ day of April 1997. . {O~ c!. _~~-A DON E. STUECK, Mayor ATTEST: V~ ;/~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: . ~ 5 ~ ~ "~--