HomeMy WebLinkAboutOrdinance 12- 1822 Zone Map Amendment changing to REMU V
co.�o
ORDINANCE NO. 1822
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE
AREA OF TRACT B OF CERTIFICATE OF SURVEY NO. 2661 EXCEPTING PARCEL
2 OF DOC. #2311126 AS "REMU" (RESIDENTIAL EMPHASIS MIXED USE
DISTRICT) FOR 126.93 ACRES LOCATED IN THE SW114 OF SECTION 13, T2S, RSE,
PMM, AND IN THE NW '/A OF SECTION 24, T2S, RSE, PMM, GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to establish an initial municipal zoning
designation of"REMU" (Residential Emphasis Mixed Use District) has been properly submitted,
reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on May 3, 2011, 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 June 6,
2011, 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
Ordinance 1822
Page Iof4
WHEREAS, at its meeting held on June 6, 2011, the City Commission found that the
proposed zone map amendment would be in compliance with Bozeman's adopted growth policy
and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section I
That the zoning district designation of the following-described property is hereby
designated as "REMU" (Residential Emphasis Mixed Use District):
A tract of land located in the southwest quarter of the southwest quarter (SW1/4SW1/4) and the
south half of the southeast quarter of the southwest quarter(S1/2SE1/4SW1/4) of Section 13 and
the north half of the northwest quarter (N1/2NW1/4) of Section 24,both of Township 2 South,
Range 5 East, Principal Meridian Montana, Gallatin County, Montana, being further described as
follows:
Tract B of Certificate of Survey No. 2661 EXCEPTING Parcel 2 of Bargain and Sale Deed
recorded as Document#2311126 on file and of record in the office of the Clerk and Recorder of
Gallatin County, Montana and being more particularly described as follows:
Beginning at C-NI/16 Corner of Said Section 24; thence along the N1/16 line of said Section 24,
S8903 1'26"W, 2683.77 feet to a point on the east right-of-way of South 19th Avenue; thence,
along said east right-of-way,N00°33'15"W, 2.59 feet;thence S89'33'3 8"E, 9.99 feet; thence
N00°33'11"W, 1159.34 feet; thence N00°28'26"E, 790.92 feet; thence NI 2'45'30"E, 134.06
feet.; thence N00°28'26"E, 518.37 feet; thence N40°38'41"E, 12.66 feet to a point on the south
right-of-way of Kagy Boulevard; thence, along said south right-of-way,N89°44'10"E, 682.18
feet; thence, leaving said south right-of-way, S00°05'25"E, 1081.58 feet; thence N89'44'1 0"E,
564.00 feet; thence N00°05'25"W, 1081.58 feet to a point of south right-of-way of Kagy
Boulevard; thence, along said south right-of-way, N89°44'10"E, 30.00 feet; thence, leaving said
south right-of-way S00°05'25"E, 619.34 feet; thence N89°47'41"E, 1373.17 feet; thence
S00°09'03"W, 665.67 feet to the N1/4 corner of Section 24; thence S00°33'09"W, 413.18 ft.;
thence S00°32'09"W, 901.69 feet to the POINT OF BEGINNING, containing 126.93 acres.
The computed area of the described tract is 126.93 acres, more or less. The
described tract is along with and subject to any existing easements.
Ordinance 1822
Page 2 of 4
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section S
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled "Annexation Ordinances."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
Ordinance 1822
Page 3 of 4
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 13`h day of February, 2012.
OF $pr' SEAN A. BECKER
Mayor
AT-
STA
CX CC
City lerk
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 27`h day
of February, 2012.
EAN A. BEC ER
BpF` 0. Mayor
ATTEST,
P -
STA N' MC`
Ci ler
APPROVED AS TO FORM:
RE ULLIVAN
City Attorney
Ordinance 1822
Page 4 of 4