HomeMy WebLinkAboutOrdinance 13- 1852 Zone Map Amendment to B-2 for Cresent Cross 9�
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ORDINANCE NO. 1852
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,AMENDING THE CITY OF BOZEMAN ZONE MAP TO GRANT INITIAL
MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 11.87 ACRES TO B-2
(COMMUNITY BUSINESS DISTRICT) FOR THE PROPERTY KNOWN AS THE
CRESENT CROSS ZONE MAP AMENDMENT TRACT LOCATED IN THE W 1/2 OF
SECTION 15, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, the proposed zone map amendment to initially zone approximately 11.87
acres to B-2 (Community Business District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on September 18,
2012, 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
1, 2012, 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 thirteen 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 thirteen criteria; and
ORDINANCE NO. 1852
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WHEREAS, at its meeting held on October 1, 2012, 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 1
That the zoning district designation of the following-described property is hereby
granted initial zoning of B-2 (Community Business District):
A tract of land being Road Lot 1 and a portion of Lot 1 of Minor Subdivision No.
454 on record with the Gallatin County Clerk and Recorder, located in the West
One-Half of Section 15, Township 2 South, Range 5 East, Principal Meridian
Montana (P.M.M), Gallatin County, Montana being more particularly described as
follows:
Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from
which the west one-quarter corner of said Section 15 bears South I1° 45' 12" West
a distance of 2672.56 feet;
thence South 00104' 49" East a distance of 891.70 feet to a calculated position;
thence South 89154' 58" West a distance of 488.17 feet to an Alpine aluminum cap;
thence South 89154' 58" West a distance of 488.17 feet to an Alpine aluminum cap;
thence South 00' 05' 02" East a distance of 464.33 feet to an Alpine aluminum cap;
thence North 89' 51' 07" West a distance of 60.00 feet to a calculated position;
thence North 00° 05' 02" West a distance of 1358.01 feet to a calculated position;
thence South 89' 51' 07" East a distance of 60.00 feet to an Alpine aluminum cap;
thence South 89151' 07" East a distance of 488.23 feet to the Point of Beginning
containing 11.87 acres, more or less.
SUBJECT to all easements of record or apparent from a visual inspection
of the property.
ORDINANCE NO. 1852
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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 5
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"Zoning Map Amendments."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
ORDINANCE NO. 1852
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 28"' day of December, 2012.
EAN A. BECKER
-`Q�.1;o — Mayor
ATTEST& ° r
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STA Y-. EN;�C� •.`�
City lerk • °
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 14"' day of
January,2013. The effective date of this ordinance is February 13, 2013.
SEAN A.BECKER
Mayor
ATTEST:
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APPROVEDMEND CM0 •�,
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AS TO FORM:
GRE SULLIVAN
City Attorney
ORDINANCE NO. 1852
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