HomeMy WebLinkAbout18- Ordinance 1995 Costco Annexation Zone Map Amendment Ct
ORDINANCE NO. 1995
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 4.66 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 4.68 acres of the property has been properly submitted, reviewed, and advertised;
and
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Ordinance 1995, Costco Annexation Zone Map Amendment
WHEREAS,the Bozeman Zoning Commission held a public hearing on March 21, 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 April 10,
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 1
That the zoning district designation of the following-described property is hereby designated as
B-2, Community Business District:
A tract of land in the Northeast Quarter of Section 35,Township 1 South, Range 5
East,M.P.M., Gallatin County,Montana, and being more particularly described
as Tract E-1, Certificate of Survey 1827, containing 4.66 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
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Ordinance 1995, Costco Annexation Zone Map Amendment
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.
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."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 1995, Costco 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 16th day of Ju" 2018.
. AND
M o
ATTEST: O� B OZ�,'
,a,,6n,A CAg��6
day • �r :��:.-J� • �+�.
ROBIN CROUGH * • _.-■z ,
City Clerk e
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereo n the 6th day of
August 2018.
i
TAVC
L.AND S
ayor
ATTEST: ,
B0011,
J
ROBIN CROUGH U ; �`�' •
City Clerk ; — :::•
-�. •Y 1�83 ••�t�.=
! '• • •• o - APPRO A FORM:
ULLIVAN
City Attorney
Page 4 of 4
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