HomeMy WebLinkAboutOrdinance 14- 1901 Amending Zoning Map Changes on Cottonwood Road V 9�
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ORDINANCE NO. 1901
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE
FROM THE BUSINESS PARK DISTRICT TO THE COMMUNITY BUSINESS
DISTRICT ON 6.59 ACRES AND ADJACENT PUBLIC RIGHT OF WAY AT 536 AND
642 S COTTONWOOD ROAD.
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, Mont. Code Ann.; 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, Mont. Code Ann.; 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 amend the existing designation of "BP" (Business Park District) "B-2" (Community
Business District) on 6.59 acres plus adjacent public right of way has been properly submitted,
reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on October 7,
2014, to receive and review all written and oral testimony on the request for a zone map
amendment; and
Page 1 of 4
Ordinance No. 1901, The Alexander Annexation Zone Map Amendment
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
WHEREAS, after proper notice, the City Commission held its public hearing on October
20, 2014, 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
changed from"BP (Business Park District) to "B-2" (Community Business District):
An area of land being Lot 5A, Minor Subdivision 340A and Lot 4 Minor subdivision 340 with
adjacent public right of way to the centerline of Cottonwood Road and to the southern edge of
the right of way for Huffine Lane.
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
Page 2 of 4
Ordinance No. 1901, The Alexander Annexation Zone Map Amendment
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 15"' of
December, 2014. The effective date of this ordinance is January, 15"' , 2015.
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Page 4 of 4
Ordinance No. 1901, The Alexander Annexation Zone Map Amendment
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."
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 1 st day of December 2014.
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Page 3 of 4
EXHIBIT A
FIRST SECURITY BANK/AO GROUP
ZONE MAP AMENDMENT
LOT 4 MINOR SUB 340
&LOT 5A MINOR SUB 340A SCALE
LOCATED IN THE SW 1/4 OF SECTION 10
T2S,R5E P.M.M.GALLATIN COUNTY
1 ( Ii..= too
1 I
I I
I I PRE;
OS tiGBP �e �,pO��VJeQ �NQF,QO GP0 b ,e�P,lpgP
r
SDD'13'54'W COTTONWOOD ROAD J
120.50' (120' RIGHT OF WAY)
N00'42$1"E 1045.73'
Yr / 1/ 60' KIDE - \�i i 60'WIDE
ACCESS EASEMENT ACCESS EASEMENT
- -,-Y —• _II _.._
30.WIDE SHARED.
ACCESS C SEM£NT
P4
n�y; ty� j LOT 4 !i
I / < LOT 5A ,✓ . I \,< MINOR,SUB 340 a co z
$ �y MINOR SUB 340A T. >:.' t i w 2°a r
r l. 3:2a.ACRES,,
t1 I 3.28 ACRES 1 r lY PROPOSED ZONING: 82
PROPOSED ZONING: 82
S00'43'22E 1165,92'
l01 4
MINOR$Us 29t.
ZONING 82
PROPOSED ZONE MAP
AMENDMENT AREA
FIRST SECURITY BANK/AO GROUP MADISON ENGINEERINGER
ZONE MAP AMENDMENT EXHIBIT .93 afCLL�U.OGYUL.D tTT%m1
LOT 4 MINOR SUB 340 ,b.,�u..,Yc33•
&LOT 5A MINOR SUB 340 PNOYH(wy3LLN�1 YA%(W613361Tw