HomeMy WebLinkAbout08-01-16 CC Mtg - C6. Ordinance 1953, Simmental ZMA
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mitch WerBell, Assistant Planner
Chris Saunders, Interim Director of Community Development
SUBJECT: Final adoption of Ordinance 1953, the Simmental Zone Map
Amendment rezoning an existing 7.406 acre tract located at 1 Simmental Way from M-1, light manufacturing district to B-2,
community business district. Application 16206.
MEETING DATE: August 1, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1953, the Simmental Zone Map Amendment.
BACKGROUND: The City Commission held a public hearing on July 18, 2016. The Zone
Map Amendment Application 16206 was approved unanimously and Ordinance 1953 was
provisionally adopted. The application amends the zoning map to increase compliance with the
adopted growth policy.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified
Attachments: Ordinance 1953
Exhibit A Simmental Zone Map Amendment
Report compiled on July 19, 2016
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ORDINANCE NO. 1953
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM M-1, LIGHT MANUFACTURING DISTRICT TO B-2, COMMUNITY BUSINESS DISTRICT FOR 7.406 ACRES DESCRIBED AS TRACT 2, LOT 1, GARDNER-SIMMENTAL PLAZA SUBDIVISION,
LOCATED IN THE EAST ½ OF SECTION 35, TOWNSHIP ONE SOUTH,
RANGE FIVE EAST, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
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 must
conduct a public hearing and submit a report to the City Commission for all zoning map
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 from M-1, Light Manufacturing District to B-2, Community Business District for 7.406 acres,
has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on June 21, 2016 to
receive and review all written and oral testimony on the request for a Zone Map Amendment; and
WHEREAS, upon a vote of 5-0, the Bozeman Zoning Commission recommended to the
Bozeman City Commission that the zone map amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 18,
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Ordinance No. 1953, Simmental Zone Map Amendment
Page 2 of 5
2016, 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 to
be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on July 18, 2016, 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
The zoning district designation of the following-described property is hereby designated as
"B-2", Community Business District:
A tract of land being Lot 1 of Tract 2 of the Gardner – Simmental Plaza Subdivision, Plat J -5,
located in the northeast quarter of Section 35, Township 1 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana, more particularly described as follows:
Beginning at the northwest corner of Lot 1 of Tract 2, from which the one-quarter corner common
to Sections 35 & 36, Township 1 South, Range 5 East, P.M.M. bears S 31°34’31” E a distance of
1567.71 feet;
thence N 89°08'38" E a distance of 669.51 feet;
thence south a distance of 463.71 feet along a non – tangent curve concave to the west having a
radius of 4127.5 feet, a central angle of 6°26’13”, a chord bearing of S 10°01’42” E and a chord
length of 463.46 feet;
thence S 90°00’00” W a distance of 750.14 feet;
thence N 00°00’00” E a distance of 446.37 feet to the point of beginning;
containing 7.406 acres, more or less.
SUBJECT to all easements of record or apparent from visual inspection
of the property.
Section 2
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Ordinance No. 1953, Simmental Zone Map Amendment
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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.
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 “Zone Map Amendments.”
Effective Date.
The effective date is thirty (30) days after final adoption of this ordinance on second
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Ordinance No. 1953, Simmental Zone Map Amendment
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reading.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading, at a regular session thereof held on the 18th day of July, 2016.
CARSON TAYLOR Mayor
ATTEST:
ROBIN CROUGH City Clerk
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Ordinance No. 1953, Simmental Zone Map Amendment
Page 5 of 5
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 1st day of
August, 2016. The effective date of this ordinance is the 31st day of August, 2016.
CARSON TAYLOR Mayor
ATTEST:
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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