HomeMy WebLinkAbout16- Ordinance 1938 Amending Zoning Map at 915 Highland Boulevard w
ORDINANCE NO. 1938
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE
32.047 ACRES FROM BUSINESS PARK DISTRICT TO COMMUNITY BUSINESS
DISTRICT AT 915 HIGHLAND BOULEVARD INCLUDING ADJACENT PUBLIC
RIGHT OF WAY.
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
i
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
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 I
1.1
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 from Business Park to Community Business approximately 32.047 acres of the property has
been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on November 17,
2015, to receive and review all written and oral testimony on the request for a zone map
amendment; and y
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant; and
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Page 1 of 6
Ordinance No. 1938, The Bozeman Health Zone Map Amendment
WHEREAS, after proper notice, the City Commission held its public hearing on
December 14, 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 i.
That the zoning district designation of the following-described property is hereby designated as
"B-2" (Community Business District):
An area of land described as follows:
LEGAL DESCRIPTION
A tract of land known as Parcel 2, Certificate Of Survey 2047,less The Knolls at Hillcrest-Plat
J-483,being more particularly described as follows;
COMMENCING at a point which is the Section Corner common to Sections 7, 8, 17 and 18
T.2S.,R.6E.,P.M.M.;thence S89°54'03"E along the section line common to said Sections 8 and
17, a distance of 59.56 feet to the POINT OF BEGINNING;
thence NO2°37'14"E, a distance of 204.10 feet;
thence S89°54'03"E, a distance of 1,014.08 feet to a point of curve;thence southeasterly along a
curve to the right having a radius of 25.00 feet with a central angle of 92°50'47" an are length of
40.51 feet;
thence S02°56'45"W,a distance of 395.17 feet;
thence S08°14'48"W, a distance of 124.45 feet;
thence S02°57'01"W, a distance of 34.07 feet to a point of curve;thence southerly along a curve
to the right having a radius of 63 8.5 0 feet with a central angle of 06°04'55" an arc length of
67.78 feet to the point of a non-tangent curve; from which the radius point bears N53°23'54"W,
25.00 feet; thence westerly along said curve to the right with a central angle of 65°53'56", an are
distance of 28.75 feet; said curve having a chord bearing and distance of S69°33'04"W,27.19
feet;
Page 2 of 6
Ordinance No. 1938, The Bozeman Health Zone Map Amendment
thence N77°29'58"W, a distance of 5.00 feet;
thence S 12°27'26"W, a distance of 48.00 feet;
thence S77°1WITH,a distance of 17.06 feet to a point of curve;thence southeasterly along a
curve to the right having a radius of 25.00 feet with a central angle of 26°57'53" an are length of
11.77 feet to the point of a non-tangent curve;from which the radius point bears N75°04'41"W,
638.50 feet; thence southwesterly along said curve to the right with a central angle of 41°01'39",
an arc distance of 457.21 feet; said curve having a chord bearing and distance of S35°26'09"W,
447.50 feet;
thence S55°56'59"W, a distance of 13.21 feet to the point of a non-tangent curve;from which the
radius point bears N05°33`27"W,25.00 feet;thence northwesterly along said curve to the right
i
with a central angle of 61°30'26", an are distance of 26.84 feet; said curve having a chord
bearing and distance of N64°48'14"W, 25.57 feet;
thence N34°12'17"W,a distance of 5.00 feet;
thence S55°56'59"W,a distance of 48.00 feet;
thence S34°03'01"E,a distance of 17.00 feet to a point of curve;thence southerly along a curve
to the right having a radius of 25.00 feet with a central angle of 23°30`29" an are length of 10.26
feet;
thence S55°56'59"W,a distance of 24.01 feet;
thence S34°50'29"W,a distance of 31.82 feet;
thence S55°56'50"W, a distance of 572.23 feet to the point of a non-tangent curve; from which
the radius point bears S34°13'02"E, 625.76 feet;thence southwesterly along said curve to the left
with a central angle of 17°39'15", an arc distance of 192.81 feet; said curve having a chord
bearing and distance of S46°57'21"W, 192.05 feet;
thence S42°02'29"W, a distance of 85.16 feet to the point of a non-tangent curve; from which the i
radius point bears S59°31'59"E, 637.26 feet;thence southwesterly along said curve to the left
with a central angle of 15°46'32", an are distance of 175.46 feet; said curve having a chord
bearing and distance of S22°34'46"W, 174.91 feet;to the point of a non-tangent curve; from
which the radius point bears N43°02'08"W,25.50 feet;thence southwesterly along said curve to
the right with a central angle of 04°52'19", an arc distance of 2.17 feet; said curve having a chord
bearing and distance of S49°24'02"W,2.17 feet;
thence N78°25'43"W,a distance of 100.91 feet; i
thence N00002'28"E, a distance of 86.20 feet to the point of a non-tangent curve;from which the
radius point bears S89°56'06"E, 1,439.24 feet; thence northerly along said curve to the right with
a central angle of 10°34'33", an are distance of 265.66 feet; said curve having a chord bearing
and distance ofN05°21'10"E, 265.28 feet;
thence N10°37'14"E, a distance of 862.00 feet to the paint of a non-tangent curve;from which
the radius point bears N79°18'47"W, 1,661.96 feet;thence northerly along said curve to the left
with a central angle of 10'33'05", an arc distance of 306.06 feet; said curve having a chord
Page 3 of 6
Ordinance No. 1938, The Bozeman Health Zone Map Amendment
bearing and distance of N05°24'41"E, 305.63 feet; thence N00°08'32"W, a distance of 110.07
feet to the POINT OF BEGINNING.
Said described tract containing a gross area of 1,395,965 square feet or 32.047 acres, more or
less.
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.
Page 4 of 6
Ordinance No. 1938, The Bozeman Health Zone Map Amendment
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"Zone Map Amendments."
a
Effective Date.
This ordinance shall be in Rill force and effect thirty(30) days after final adoption.
PROVISIONALLY ADOPTF,D by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 22nd day of February 2016.
CARSON TAYLOR t
Mayor
ATTES
t u
STAY LNG�- - 4 r;
City ler " __ _ _ • - �L': _y .'
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Page 5 of 6 !#
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Ordinance No. 1938, The Bozeman Health 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 7th day of
March 2016. The effective date of this ordinance is April 7,2016.
CARSON TAYLOR
Mayor
ATTEST:
STAC YJL 111,;CMS
City
APPROVED AS TQ FORM:
Z
GRkdStJLL1VAN
City Attorney
Page 6 of 6
BOZEMAN HEALTH ZONE MAP AMENDMENT
LOCATED IN SECTIONS 8, 17 & 18 TOWNSHIP 2 SOUTH, RANGE 6 LAST, P.M.M.,
Ih CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
w FOR: BOZEMAN HEALTH
POINTi F DATE: DECEMBER 2015
BECiNNQNC
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CE'rF1CATE OF SURVEY 2047
32.047 ACRES 7
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CURRENT ZONING
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