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Home My WebLink About17- Ordinance 1967 Billion Auto Plaza Zone Map Amendment F LZ 3 F 3 i s x ORDINANCE NO. 1967 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,AMENDING THE CITY OF BOZEMAN ZONE MAP FROM BP,BUSINESS PARK DISTRICT TO B-2, COMMUNITY BUSINESS DISTRICT FOR 21.11 ACRES DESCRIBED AS THE BILLION AUTO PLAZA SUBDIVISION GENERALLY LOCATED AT 270 AUTO PLAZA DRIVE INCLUDING: LOT 1A OF BLOCK 3 (PLAT 4 J-180-C); LOT 1A OF BLOCK 2 (PLAT J-180-A); AND LOT 4 OF BLOCK 2, LOT 3 OF BLOCK 3 AND LOTS 1, 2, 3 AND 4 OF BLOCK 1 (PLAT- J-180) LOCATED IN THE EAST % OF THE SOUTHEAST I/4 OF SECTION 9, TOWNSHIP TWO SOUTH,RANGE FIVE EAST, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, WITH l B-2 ZONING EXTENDED TO THE CENTER LINE OF ADJACENT RIGHTS-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 3 WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps j if a public hearing is held and official notice is provided; and WHEREAS,Section 76-2-3 07,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 1 a a Ordinance No. 1967,Billion Auto Plaza Zone Map Amendment WHEREAS, the proposed Zone Map Amendment to amend the City of Bozeman Zone Map from BP, Business Park District to B-2, Community Business District for 21.11 acres, has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on December 6, 2016 to receive and review all written and oral testimony on the request for a Zone Map Amendment; and WHEREAS, upon a vote of 4-0, 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 December 19,2016,to receive and review all written and oral testimony on the request for a Zone Map Amendment; and WHEREAS, the City Comnssion 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 December 19, 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 I The zoning district designation of the following-described property is hereby designated as "B-2", Community Business District: Zoning Boundary Perimeter: Page 2 of 6 I I Ordinance No. 1967,Billion Auto Plaza Zone Map Amendment i i COMMENCING AT THE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SECTION 9; THENCE N01°51'14"E A DISTANCE 1333.9'; THENCE N t 89034'10"W A DISTANCE OF 663.3; THENCE S02°00'11"W A DISTANCE OF 1381.7; THENCE S 89022'23"E A DISTANCE OF 666.8' ; THENCE NO1°54'21"E A DISTANCE 50.0' TO THE TRUE POINT OF BEGINNING. 3 1 1 CONTAINING 21.11 ACRES MORE OR LESS, SUBJECT TO EXISTING EASEMENTS. PropeLty Bounds: j 4 LOTS 1,2,3, &4,BLOCK 1, LOT 4,BLOCK 2, &LOT 3, BLOCK 3, J.C. BILLION AUTO PLAZA SUBDIVISION,PLAT J-180,ACCORDING TO THE PLAT THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF TIIE CLERK AND RECORDER, GALLATIN COUNTY,MONTANA, LOCATED IN THE EAST V2 OF THE SE %4 OF THE SE '/a OF SECTION 9, TOWNSHIP 2 SOUTH,RANGE 5 EAST OF P.M.M.,AND INCLUDING THE ENTIRETY OF HUFFINE LANE RIGHT OF WAY TO THE SOUTH, AND INCLUDING THE COTTONWOOD ROAD RIGHT OF WAY TO ITS CENTERLINE TO THE EAST,AND INCLUDING THE ENTIRETY OF COMPETITION DRIVE RIGHT OF WAY. LOT 1A,BLOCK 2, AMENDED PLAT OF J.C. BILLION AUTO PLAZA SUBDIVISION,PLAT J-180-A,ACCORDING TO THE PLAT THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, LOCATED IN THE EAST '/z OF THE SE V4 OF THE SE '/4 OF SECTION 9,TOWNSHIP 2 SOUTH,RANGE 5 EAST OF P.M.M.,AND INCLUDING THE COTTONWOOD ROAD RIGHT OF WAY TO ITS CENTERLINE TO THE EAST,AND THE ENTIRETY OF AUTO PLAZA DRIVE RIGHT OF WAY. z LOT 1A,BLOCK 3,AMENDED PLAT OF J.C. BILLION AUTO PLAZA SUBDIVISION,PLAT J-180-C,ACCORDING TO THE PLAT THEREOF, ON FILE C Page 3 of 6 . n Ordinance No. 1967,Billion Auto Plaza Zone Nap Amenchnenl AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY,MONTANA, LOCATED IN THE EAST V2 OF THE SE 1/4 OF THE SE V4 OF SECTION 9, TOWNSHIP 2 SOUTH,RANGE 5 EAST OF P.M.M.. SUBJECT to all easements of record or apparent from visual inspection of the property. 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. 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." Page 4 of 6 Ordinance No. 1967, Billion Auto Plaza Lone Map Amendment Effective Date. The effective date is thirty (30) days after final adoption of this ordinance on second reading. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 19"' day of December, 2016. CARSON TAYLOR Mayor ATTEST: 10 B ROBIN CROMI '. City Clerk �19T, 83 1N Co. r Page 5 of 6 Ordinance No. 1967,Billion Auto Plaza 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 91h day of January, 2017. The effective date of this ordinance is February 8, 2017. YNT IA — Deputy May ATTEST: �� B ,> . ROBIN CROU. - City Clerk C".�l lL�rIN CO b10t, APPROVED AS TO FORM: +G SULLIVAN Attorney Page 6 of 6 LT � i y BILLION AUTO PLAZA ZONE MAP AMENDMENT PROPERTY LOCATED IN THE EYSE$,S(%OF SECTION 9, AND THE NEYt OF SECTION 16, T25.R5E. NRRENnonPU w (� P.M,M.. GALLATIN COUNTY, CITY OF BOZEMAN. 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