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Home My WebLink About19- Ordinance 2036 Billings Clinic Zone Map Amendment 4y� CO. � ORDINANCE NO. 2036 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND APPROXIMATELY 16.8 ACRES FROM R-O, RESIDENTIAL OFFICE, TO B-2, COMMUNITY BUSINESS DISTRICT, KNOWN AS THE BILLINGS CLINIC 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 R-O (Residential Office) to B-2 (Community Business District)for 16.8 acres of the property has been properly submitted,reviewed, and advertised; and Page 1 of 5 Ordinance 2036,Billings Clinic Zone Map Amendment WHEREAS,the Bozeman Zoning Commission held a public hearing on August 20,2019, 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 16,2019,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 I That the zoning district designation of the following-described property is hereby designated as B-2, Community Business District: A Tract of Land being a portion of Lot 2A of Minor Subdivision 221E, Located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana,more particularly described as follows: Beginning at a point on the north line of the Westlake Road right-of-way, said point being N 00°17'32"W, a distance of 30 feet from the northeast corner of Tract A of Certificate of Survey 165A;thence from said Point of Beginning,N 89°40'20"E, a distance of 330.91 feet along said north right-of-way line;thence S 00°16'15"E, a distance of 1219.98 feet; thence N 89°4741"E, a distance of 565.15 feet; thence S 01'01'21"W, a distance of 403.23 feet to the south boundary of Lot 2A of Minor Subdivision 221E; Thence through the following eight(8) courses along said south boundary of Lot 2A of Minor Subdivision 221E: Page 2 of 5 Ordinance 2036,Billings Clinic Zone Map Amendment 1) S 89°42'26" W, a distance of 174.86 feet 2) N 58°22'48" W, a distance of 667.76 feet 3) S 89°57'31"W, a distance of 34.32 feet 4) N 80°05'23" W, a distance of 92.33 feet 5) S 89°52'56" W, a distance of 91.38 feet 6) N 69°14'28" W, a distance of 102.34 feet 7) N 58°34'34" W, a distance of 279.06 feet 8) N 53°54'00" W, a distance of 38.55 feet to the south boundary of Tract A of Certificate of Survey 165A; thence through the following four (4) courses along said boundary of Tract A of Certificate of Survey 165A: 1) N 88°42'42"E, a distance of 114.85 feet 2) N 00°57'53"E, a distance of 597.06 feet 3) N 89°44'39"E, a distance of 307.91 feet 4) N 00°17'32" W, a distance of 448.93 feet to the Point of Beginning. Said tract of land containing 19.6358 acres. 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. Page 3 of 5 Ordinance 2036,Billings Clinic Zone Map Amendment 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 smell be in full force and effect thirty (30) days after final adoption. Page 4 of 5 Ordinance 2036,Billings Clinic 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 181h day of ber,2019. L.A S Ma r p2 ATTEST: ,��•• • •.�? U. R 6B IN CROUCH Z5c9 ,�a3 ♦,•��. City Clerk LL�Ti . . • •�tio�' N 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 2"d day of December, 2019. The effective date of this ordinance is 30 days after final. adoption. T ANDRUS ayor BOZ ATTEST: „� . • R B CROUCH ---3 - -♦z • a3 • City Clerk 9LL'• .�a. .•�10�' 47,11V Co. APPR VED AS TO FORM: G G LLIVAN City Attorney Page 5 of 5 BILLINGS CLINIC ZONE MAP AMENDMENT WITHIN LOT 2A OF MINOR SUBDIVISION 221E LOCATED IN THE SWJ SECTION 26, T1S, R5E, P.M.M. PREPARED FOR : BILLINGS CLINIC CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA OCTOBER, 2019 SAII PREPARED BY SANDERSON STEWART- BOZEMAN, MONTANA `�®r tdORTR su�.t•.:°o LEGAL DESCRIPTION: A Tract of Land being a portion of Lot 2A of Minor Subdivision 221E,Located in the southwest quarter of Section 26,Township 1 South,Range 5 East,P.M.M.,City of Bozeman,Gallatin County, I eawwnzs \ Montana,more particularly described as follows: I ALRkYL1lAPAL.A/BLtffiAR `\ \ fvtm AI GYYAII77 K \\\• \\ ill WESTLAKE ROAD G \�\'\\\ Beginning at a point on the north line ofthe ---�'--- ---- --- ---1- ------- Westlake Road right-of-way,said point being __.I �_____________ r__ ___ ____________ \• \ N 00.17'32"W,a distance of 30 feet from the ��\\•\Fy\ /Hn.,P northeast corner of Tract A of Certificate of Survey \r�\ sT9�, 165A;thence from said Point of Beginning, ' g `\ \'qC(t,\ 9� N 89'40'20"E,a distance of 330.91 feet along said T ��\ \y \ north right-of-way line;thence S 00'16'15"E,a ,(� I `�\ \• \\ distance of 1219.98 feet;thence N 89'47'41"E,a distance of 565.15 feet;thence S 01'01'21"W,a distance of 403.23 feet to the south boundary of J it ir�^rx " W `�\\•\\\ Lot 2A of Minor Subdivision 223E; rcR" i ww°0AN ZONE AMENDMENT AREA[ LOT ZA ZONING` \a \.\\ Thence through the following eight(8)courses z CDMMUNITY PORTION OF LOT f BUSINESS DISTRICT 8-2) `\\ \\ along said south boundary of Lot 2A of Minor PROPO`ED2 ZONING. \\ Subdivision 221E: III 19.6358 AC. //i� \ •\\ 1)5 89642'26"W,a distance of 174.86 feet 2)N 58°22'48"W,a distance of 667.76 feet 3)S 89°57'31"W,a distance of 34.32 feet 4)N 80°05'23"W,a distance of 92.33 feet VIA•\�` `.` °°°1',T•M �' i II x°ns�xc rr \ `�` ax�z N 0°x'�"'° I�a° rµ me � 5)S 89°52'56"W,a distance of 91.38 feet �I r'r 6)N 69°14'28"W,a distance of 102.34 feet 7)N 58'34'34"W,a distance of 279.06 feet 8)N 53`54'00"W,a distance of 39.55 feet to PARK • ( ii I the south boundary of Tract A of Certificate _ I w----------- I of Survey 165A;thence through the fallowing four(4)courses along said boundary of Tract I- u�`r"rml°cr�e-:v I A of Certificate of Survey 165A: 1)N 88°42'42"E,a distance of 114.85 feet 2AKy I I I 2)N 00'57'53"E,a distance of 597.06 feet 3)N 89'44'39"E,a distance of 307.91 feet 4)N 00.17'32"W,a distance of 448.93 feet to the Point of Beginning.Said tract of land containing 19.6358 acres. +watcuzoxuw_umcuonasw° tsoeaot +tn°ixl°