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Home My WebLink AboutOrdinance 15- 1918 Amending the Zoning Map Change South of Baxter Lanes and Flanders mill road ti e. ORDINANCE NO. 15-1918 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 80.325 ACRES TO PLI (PUBLIC LANDS AND INSTITUTIONS) LOCATED SOUTH OF BAXTER LANES AND WEST OF FLANDERS MILL ROAD. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission i must conduct a public hearing and submit a report to the City Commission for all zoning map I amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to establish an initial zoning classification of PLI (Public Lands and Institutions), has been properly submitted, reviewed and advertised; and Page 1 of 5 Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment WHEREAS,the Bozeman Zoning Commission held a public hearing on July 7, 2015, 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 requested by the applicant subject to contingencies necessary to complete adoption by ordinance; and WHEREAS, after proper notice,the City Commission held its public hearing on July 27, 2015, 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 zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. 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 designated as "PLI" (Public Lands and Institutions District): LEGAL DESCRIPTION OF PRIMARY ANNEXATION TRACT A tract of land, said tract being Tract lAl of Certificate of Survey No. 2554B, located in the Northwest Quarter of Section 3, in Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County,Montana and said tract being further described as follows: Beginning at the northwest corner of said Section 3, also being the northwest corner of Tract lAl of Certificate of Survey No. 255413; thence North 89°52'38"East, on the north line of said section, a distance of 1323.93 feet; thence South 01°11'33" West, on the east line of said tract, a distance of 2633.96 feet; thence North 89°50'13" West, on the south line of said tract, a distance of 1321.67 feet;thence North 01°08'46"East, on the west line of Section 3, a distance of 2627.32 feet to the Point of Beginning. Page 2 of 5 Ordinance No. 1918, The Spoils Complex Annexation Zone Map Amendment The described tract has an area of 79.869 Acres. The described tract is as shown on the accompanying exhibit and is along with and subject to any existing easements. LEGAL DESCRIPTION OF ADJACENT BAXTER LANE R/W A tract of land, said tract being located in the Southwest Quarter of Section 34, in Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said tract being further described as follows: Beginning at the southwest corner of said Section 34, also being the northwest corner of Tract lAl of Certificate of Survey No. 2554B; thence North 00°26'16"East, on the west line of said section, a distance of 30.00 feet,to the intersection of said section line and the westerly extension of the north Baxter Lane right-of-way; thence North 89°52'38"East, on the north line of said right-of-way, a distance of 660.83 feet,to the intersection of said line and the westerly line of Plat of Baxter Meadows Subdivision, Phase 3A;thence South 07°00'07"East, on said westerly line, a distance of 30.22 feet,to the intersection of said line and the south line of said Section 34; thence South 89°52'38" West, on the south line of said section, a distance of 664.74 feet to the Point of Beginning. The described tract has an area of 0.456 acres,more or less. The described tract is shown on the accompanying exhibit"A" and is along with and subject to any existing easements. Section 2 F G G is 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 Page 3 of 5 Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should qny 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"Zone Map Amendments." Effective Date. This ordinance shall be in full force and effect thirty(30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 27th day of July 2015. <A. E3 :, �FW KRAUSS ar ATTE$t: 6y - STACY IJLMEN C City-Qe erk 1 Ire r°0 tis Page 4 of 5 Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment 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 17th day of August 2015. The effective date of this ordinance is September 16, 2015. JEF K KRA SS Ma or ATTEST: ,-g d 6 XIN STA Y VL EN, CMC %' ��,✓'J City derl -"APPROVED AS TO FORM: f��Ijj � rJV�jUr E GRE ULLIVAN City Attorney fr l t I' I h i k k=, P- E+ i, 1 i Page 5 of 5 EXHIBIT -A— SPORTS COMPLEX ZONE MAP AMENDMENT BOZEMAN,MONTANA TRACT 1A1 OF COS NO.2554B LOCATED IN THE NW 114 OF SEC.3,T2S,R5E,P.M.M. GALLATIN COUNTY, MONTANA El s z p�S SUBeAPHP.s� . 2253 � ZONIN COS S BL 15 V) ZONING A � TF s ZONING AS o (Np'2202 BOOK 207 PLAT o q 9LO K 17 n — — ———————— -- -- PAGE-- 7� BAXTER LANE — - -- ----- __ __ _ NW COR. SEC. 3 I N89'52'38-E 1323.93' POINT OF BEGINNING I oLn I I I III jlc) � III 0 400' I EXISTING COUNTY EASEMENT OAD f f W BEARING BASIS: COS 2554A I I I A 30.00—j �I I Pk N60.00 'i r— ZONING R-3 _ WI f. mot-co I 1-502 01 I TRACT lA1 I I COS 1302 Ga5 zI 79.869 ACRES f ZONING PLI f GOSG�G P`' i I I tio� I I f I f 0 co i c I i I N c I I ANNEXATION I f M —4 I BOUNDARY, I I ZONING R iY f f I I I I ly I 60I� FUTURE STREET I f STREET ESMT DOC. #2051454 i 1 DEDICATIONS, TYP. I I� ZONING PLI o� N89'50'13°W 1321.67' STREET ESMT DOC. #2051455 �, WEST OAK STREET� a __ —— — — _— STREET ESMT DOC. #2209986 COMMON AREA NO. 1 2554E FINAL PLAT OF COS 3 FIANDERS CREEK SUB. I WEST 1/4 COft. SEC. 3 TRACT 1A2 f f ZONING R— ZONING R-0 i ZONING SRR THOMAS,DEAN&HOSIGNS,INC. ENGINEERING CONSULTANTS DRAWN BY: CB QUALITY CHECK: DATE: 3127115 1 FB: TD&16' JOB NO. B15.015 CAD NO. 15015 X1.dw TAB:8.5X11 ZMA