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Home My WebLink About19- Ordinance 2035 Floweree Zone Map Amendment ORDINANCE NO. 2035 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND APPROXIMATELY 19.8 ACRES FROM BP, BUSINESS PARK, TO B-2, COMMUNITY BUSINESS DISTRICT,KNOWN AS THE FLOWEREE ZONE MAP AMENDMENT 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 2 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 amend the zoning classification from BP (Business Park)to B-2 (Community Business District) for 19.8 acres of the property has been properly submitted,reviewed, and advertised; and Page 1 of 5 Ordinance 2035, Floweree Zone May Amendment WHEREAS, the Bozeman Zoning Commission held a public hearing on September 3, 2019, 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 September 23,2019,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: COMMENCING AT THE SE1/16 CORNER OF SECTION 9, THENCE S89034'10"E A DISTANCE 40.88 FEET TO THE POINT OF BEGINNING, THE NORTHWEST CORNER OF THE SUBJECT PROPERTY; THENCE S89034'10"E A DISTANCE 622.7 FEET; THENCE S02000'32 "W A DISTANCE OF 1382.8 FEET MORE OR LESS TO THE SOUTH RIGHT OF WAY OF US HIGHWAY 191; THENCE ALONG SAID RIGHT OF WAY, N89°28'57"W A DISTANCE OF 625.4 FEET; THENCE NO2°07'08"E A DISTANCE OF 1381.9 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 19.8 ACRES MORE OR LESS Page 2 of 5 Ordinance 2035,Floweree Zone Map Amendment 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. 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 3 of 5 Ordinance 2035,Flomeree Zone Map Amendment Section 6 Effective Date. This ordinance shall be in full force and effect thirty(30) days after final adoption. Page 4 of 5 Ordinance 2035,Floveree 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 18th day of November, 2019. DRUS Mayor $ATTEST: O •• • A. ROBIN CROUGH • City Clerk cal• , , .•�10 . L`9 77N 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 2nd day of December,2019. The effective date of this ordinance is 30 days a mal adoption. IA L. US Mayor .B p24�! ATTEST: - • RO IN CROUGH V City Clerk �h• , , , . `o TIN co 0 APPROVED TO FORM: SULLIVAN City ttorney Page 5 of 5 FLOWEREE FAMILY LLC-ZONE MAP AMENDMENT I PROPERTY LOCATED IN THE MSEY4,SEY OF SECTION 9, T2S, RSE, P,M.M., GALLATIN COUNTY, CITY cuRRENizONING:BP OF BOZEMAN, MONTANA �1 PROPOSEO ZONING B-2 u - VICINITY MAP 41 LOT R-2 lip F y LU.pT Sul.PLN 2 LOT I e[LYK 2 fALID PARIM1FASIYP FANLYKSVJ D FAMLY I,PMMFRSNP FALIM'SIREET 60'RGW. MOr(SIRFET S B9.34'10•E fA 622.7' YYNY6E P.O.B. LOT IA&Gvc J J.0 RLI.O:7 AM PL.VA SURlHigy Legal Destripilon: , RAi J-NIDC COMMENCING ATTHE SEI116 CORNER OF SECTION 9,THENCE S69-M-U-E JAD fAY4Y LTD PA9IAER9rP ADISTANCE 4969 FEEFTO THE POINT OF BEGINNING ME NORTHWEST CORNER OF THE SUBJECT PROPERTY;THENCE S69'MUIE A DISTANCE 62Z7 FEET;THENCE W2'=2IVA DISTANCE OF IWAI FEET MORE OR LESS TO THE SOUTH RIGHTOF WAYOF US HIGHWAY 191;THENCE ALONG SAID RIGHT OF WAY,N89.2VWW A DISTANCE OF 62S4 FEET,THENCE IA02.070ST A DISTANCE OF 1W1.9 FEET MORE OR LESS TO THE TRUE POWTGF BEGINNING. RLPEDIMN(l0'NE SAID TRACT CONTAINS 19A ACRES MORE OR LESS Property Bpoad6: A TRACT OF NANO AS DESCRIBED 01 WAARANTY DEED 92170IN ON RECORD ATTHE GALUTIN COIRNY CLEAN ANO RECORDERS.BFJNG THE W l2 OF THE SEIM OF THE SE 114 OF SECTION S.T2S,ME,PALM.,GALLATIN O'R]I SPACE COUNTY,MONTARA EXCEPTING THEREFROM A41•STRIP OF LAND OFF JD BIL.TYI Am A THE WEST SIDE DESCRIBED IN COS 1066 AND HIGHWAY 191 RIGHT OF WAY STASAM190Y COW EYEO TO THE STATE OF MONTMU. LDf 2A ftOCR I J.0 01LLbN AU/O PLAlA Sl.t9l15fSrW flAi J-NBDE BIlA}Y FANCY LID PA9MERSId EM610MiDMW3:m FRaPUt[L2PVp:62� � 19A ACPE6 W G m m y c Hzsc7sn uss Nnrnv Ip PT or roT A r°os nonFxarF r(r uc m � ut LEGEND OFFN SPI!£ JG fg1AN!AVID flA)A — LOT LINE ST.WeHYOY ADJOINER WTLWE -—- ZONING BOUNDARY P.O.B. POLNTOFBEGWNING I y I IHUFFINE LANE(MWY 191) m 0.GW. _v S B9'28'57-E I GR0m SCALE h° .6 q yykE 625.4' a� 4.V? zcHr of NMr �- LDi M.Nx(�X 1 +�N RLT)R 4e s}�� /➢yNKE 04T£ iHM IAYPl(�AftRN S1.B. LDYAL GYNEN Shl RIIA W '�i•,5� 16�� f+�P,FR(5 LLC Nta•WE6T.BEiiDMtt1GlHE• i �� £DF JLp FALaY YM7R SwvvTuo•L RUSE 1.MT 1.•M TH6 LS xoi is e£calSDaa£D A L£G.LL e0tarvfry 51m£Y Ier:�O— FLOWEREE FAMILY �6 — NESIS � _BOZEMAN MT MGERNG INC � ��>oaw•<:. ZONE MAP AMENDMENT ZONE-1� 9na H' .eM1>✓s.LR.MiY1-Pa