HomeMy WebLinkAboutOrdinance 12- 1837 Zone Map Amendment BP-B2 Lot 4, Minor Subdivision 295 ORDINANCE NO. 1837
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE CITY OF BOZEMAN ZONING MAP BE
AMENDED TO ALLOW A CHANGE IN A MUNICIPAL ZONING DESIGNATION
ON APPROXIMATELY 19.9621± ACRES OF LAND FROM "BP" (BUSINESS PARK
DISTRICT) TO "B-2" (COMMUNITY BUSINESS DISTRICT) ON PROPERTY
LEGALLY DESCRIBED AS LOT 4, MINOR SUBDIVISION 295, LOCATED IN
SECTION 10, T2S, R5E, PMM CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; 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 76-2307, 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 ordinance
and resolution of the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.;
and
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WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, C&H Engineering., on behalf of Spring Creek Village LLC, applied for a
zoning map amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development
Ordinance, to amend the Bozeman zoning map to allow a change in a municipal zoning
designation on approximately 19.9621± acres of land from "BP" (Business Park District) to "B-
2", (Community Business District); and
WHEREAS, the proposed zoning map amendment request has been properly
submitted, reviewed and advertised in accordance with the procedures set forth in Chapter 18.70
of the Bozeman Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission continued the public hearing
originally advertised for February 15, 2011 to March 1, 2011; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on
March 1, 2011, to formally receive and review all written and oral testimony on the proposed
zoning map amendment; and
WHEREAS, no public testimony was received at the public hearing on the matter of
the zone map amendment; and
WHEREAS, the City of Bozeman Zoning Commission discussed the Community
Commercial Mixed Use land use designation, long term use of the property, entryway corridor
requirements, the difference between BP and B-2 zoning districts, and the growth policy; and
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WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the 13 criteria for consideration established in Chapter
18.70 of the Bozeman Unified Development Ordinance and
WHEREAS, after proper notice and having been opened and continued to dates
certain, the City Commission held a public hearing on June 11, 2012, to receive and review all
written and oral testimony on the request for a text amendment to the Unified Development
Ordinance; and
WHEREAS, the City Commission reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established by Section 76-2-304, M.C.A., and
found the proposed Unified Development Ordinance map amendment to be in compliance with
the purposes of the title as locally adopted in Section 18.02.040, BMC, and that the amendments
would yield a superior outcome for the community than the text as presently exists; and
WHEREAS, at its public hearing on June 11, 2012, the City Commission found that
the proposed Unified Development Ordinance text amendment would be in compliance with
Bozeman's adopted growth policy and applicable statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana,that:
Section I
That the zoning district designation of the following-described property is hereby
designated as "B-2" (Community Business District):
Lot 4, Minor Subdivision No. 295, The Spring Creek Village Resort, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
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Montana, and located in the Southwest Quarter of Section 10, Township 2 South, Range
5 East, Principal Meridian, Montana, and further described as follows:
Beginning at the southwest comer of said Lot 4; thence northerly 000' 2606", assumed
azimuth from north, 1231.59 feet along the west line of said Lot 4; thence on the
following courses along the boundary of said Lot 4;
easterly 090' 26' 06" azimuth 708.79 feet;
southerly 1.80' 00' 00" azimuth 926.89 feet;
westerly 270' 00' 00" azimuth 6.00 feet;
southerly 180' 00' 00" azimuth 298.10 feet;
westerly 269' 54' 29" azimuth 14.31 feet;
westerly 283' 56' 37" azimuth 41.23 feet;
westerly 269' 54' 29" azimuth 324.77 feet;
westerly 269' 52' 58" azimuth 135.46 feet;
westerly 255' 52' 55" azimuth 41.23 feet;
westerly 269' 55' 05" azimuth 157.62 feet to the point of beginning.
The computed area of the described tract is 19.9621 acres,more or less. The
described tract 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 provision of
the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
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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
The ordinance shall not be codified.
Section 6
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption,
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 13th day of August 2012.
SEAN A. BECKER
Mayor
ATTEST:
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SEAN
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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 271h day of
August, 2012. The effective date of this ordinance is September 26, 2012.
EAN A. BECKER
Mayor
ATTEST: ,
ST lit, CMC
City lerk ' ± .
APPROVED AS TO FORM:
G G SULLIVAN
City ttorney
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