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Home My WebLink About16- Ordinance 1953 Simmental Zone Map Amendment at Simmental Way �BQz r.. • �v ��°�'��+�.t►Q'��*fie 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 % 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, Page 1 of 5 Ordinance No. 1953,Sinnnentai Zone Map Amendment 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 10'0F42" 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 Repealer. Page 2 of 5 Ordinance No. 1953,Sinnnental Zone Map Amendment 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 reading. Page 3 of 5 Ordinance No. 1953, Simmental Zone Map Amendment 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: r .ti"'�1 Ire ROBIN CROUGII: City Clerk * • = � ' z , 9 1 �TtN CD'. Page 4 of 5 Ordinance No. 1953,Simmental 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 1st day of August, 2016. The effective date of this ordinance is the 31St day of August, 2016. C'� 2"Z�'- CARSON TAYLOR Mayor ATTEST: ROBIN CROUGH •N ' City Clerk c, ��t ',•�� APPROVED S O FORM: GSULLIVAN Ci ttorney Page 5 of 5 EXHIBIT A TRACT 1 LOT 3 SIMM ENTAL ZONE MAP AMENDMENT GARDNER-SIMMENTA]L PLAZA SUBDIVISION BOZEMAN, MONTANA ZONING:MI 4.038 ACRES STATE OF MT-REST AREA \ TRACT 2 LOT I GARDN ER-S IMMENTAL PLAZA LOCATED IN °][°lH[E EAST 1/2 OF SECTION 35 S 89°8'38" w 669.51' TIS, R5 E M.P.M. GALLATIN COUNTY CJ o \ SIMMENTAL ZONE MAP AMENDMENT � N , � I � b TRAC[" 2 LOT I 7.406 ACRES ZONING: B2 NO I Catron St. o I PROJECT o D=06`26'45" z R L 1463 7' < Burke St. ® I LOCATION CH=10°01'42"WQO I LOy attail Street. B m Orville Way ° 3 S00°00'00"W 750.14' ®� q ]LOT 2A � i Ct. i ®��OQ^' GA]f DNE]R-SIMMENTAL PLAZA SUBDIVISION I o � ZONING:MI 11.34 ACRES a ~ Z Boothill Ct. N AVATAR LLC a a U Baxter Rd. n M u7 j O Q U U E_ �7 �7 SIMMENTAL ZONE MAP AMENDMENT MADISON ENGINEERING EXHIBIT A SIMMENTAL WAY 895 TECHNOLOGY BLVD,SUITE 203 DRAWN BY: C O B BOZEMAN MT PHONE(4BOZEMA FAX MT DATE: 6/30/1 6 06)586-0262 62 FAX(406)5865740 PROJECT# 15-136