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HomeMy WebLinkAbout18- Ordinance 1986 Baxter Meadows Land Partners Annexation Zone Map Amendment ORDINANCE NO. 1986 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 5.036 ACRES TO B-2 COMMUNITY BUSINESS DISTRICT. 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, M.C.A. 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, M.C.A..; 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 B-2 (Community Business District) for approximately 5.036 acres of the property has been properly submitted, reviewed, and advertised; and Page 1 of 5 Ordinance 1986,Baxter Meadows Land Partners Annexation Zone Map Amendment WHEREAS,the Bozeman Zoning Commission held a public hearing on October 17,2017, 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; and WHEREAS, after proper notice, the City Commission held its public hearing on November 6, 2017, 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: A tract of land, said tract being the South Half of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County Montana as said tract is shown on the survey recorded on Film 22, Page 966 of Gallatin County records,the tract being more particularly described as follows: Beginning at the southwest corner of said Section 35; thence North 00°16'16" East, on the west line of said section, a distance of 331.68 feet; thence North 89°44'44" East, on the north line of said survey recorded on Film 22, Page 966, a distance of 661.58 feet; thence South 00°17'57" West, on the east line of said survey,• a distance of 331.56 feet; Page 2 of 5 Ordinance 1986, Baxter Meadows Land Partners Annexation Zone Map Amendment thence South 89°44'05" West, on the south line of Section 35, a distance of 661.42 feet to the Point of Beginning. The described tract has an area of 5.036 acres, more or less. The described tract is as shown on the accompanying plat and is along with and subject to any existing easements. 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 3 of 5 Ordinance 1986,Baxter Aleadows Land Partners Annexation Zone Map Amendment 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. Page 4 of 5 Ordinance 1986,Baxter Meadow Land Partners Annexation Zone Map Amendment PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 4th day of June, 2018. D U Mayor ATTEST: 0F•B O e RO N CROUG City Clerk ��.,.1883 ,•� . 9� co 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 181h day of June, 2018. The effective date of this ordinance is July 18, 2018. CYNT L. U Mayor ATTEST: 000 �• 2 , RO N CROUGH _ • * . 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