HomeMy WebLinkAboutOrdinance 97- 1441 Rezone (20)
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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,
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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"
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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.
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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:
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