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HomeMy WebLinkAboutOrdinance 15- 1921 Amending City's Zoning Map on North Seventh Ave v ORDINANCE NO. 1921 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 3.889 ACRES TO B-2 (COMMUNITY BUSINESS DISTRICT) LOCATED AT 2507 AND 2511 NORTH SEVENTH AVENUE. 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 establish an initial zoning classification of B-2 (Community Business) on 3.889 acres, has been properly submitted,reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7,2015,to it 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 subject to contingencies necessary to complete adoption by ordinance; and IC Page 1 of 4 Ordinance No. 1921, The Murdochs Zone Map Amendment WHEREAS, after proper notice,the City Commission held its public hearing on July 20, 2015, 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): Four(4)tracts of land located in the SE1/4 of Section 36,Township 1 South,Range 5 East, P.M.M., City of Bozeman, Gallatin County,Montana,being more fully bounded and described as follows: Tracts 5, 6, 9 and 10, Gordon Mandeville State School Section Subdivision. Said tracts containing in area 3.889 acres. SUBJECT to all easements of record or apparent from a visual inspection of the property. 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. Page 2 of 4 Ordinance No. 1921,The Murdochs Zone Map Amendment Section 3 i I 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. i Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Cleric 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." i 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 51`day of October, 2015. Page 3 of 4f i Ordinance No. 1921, The Murdochs Zone Map Amendment JEF K. USS y ATTEST: ^\ 'A•Ss g p H ^fir T ST ME Ci Clerk r 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 19th day of October, 2015. The effective date of this ordinance is November 19th,2015. r' JEYFO SS M ky ATTE T: ST ME 7 �-;1•ir�� .^��t 1 p APPROVED AS TO FORM: G + SULLIVAN City Attorney Page 4 of 4 MURDOCH'S ANNEXATION AND ZONE MAP AMMENDMENT OF TRACTS 5, 6, 9 & 10 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION SITUATED IN THE SE1/4 OF SECTION 36, TIS, R5E, P.M.M., GALLATIN COUNTY, MONTANA nl-.��Y�„AYYa>m cummrr W77VAN an wdis-\ I nos JA Nut rAvra>I.s/an xrep I I LUf rA 1 SXETINO COUNTY ZONING J!—! weeAJ-4���stv"crd Ywic sd9so'ss'e 44o.os' i I I rmm wm I •' i I I I , I I t I � '"Y� Ij ,�earrir.YnrorsaN(t lit 3 I l 1 LOT 6 I WT 9 j i 1 1 uvnA rrzn �'� BXI.SFIXC COUNTY zONINC Y--1 i 1 PBOPOSHO CITY zaNBla B-2 I f5 a I k b 1 K IV r �wv'� eij j uu Flw rra I '� l t I � I for to fors i u aesrmc camvsr zommla Jr-J 1 PBOYA4&Y)CITY ZONINO B-2 I gg I II IM !O7 77 CIWdf]l7 fWIFMA'/OP'Idgie Yiet w 1 I to, to,rr 1 1II kl YI BXLSfING Cf17'zONING B-2 41 o I 1 I E I , I I I 11 If •frxl m lard be5g my s,°.9 ana 1°or sne wao7 t�ee�siel.served uee I wr�o s sdmn x,ns,Nsc,p.u,u,r�effi ca,eYfy,Lrenlw�eeeee � S1 S°wrdo liana w1.SM.eeYt hod seclM S�nGN.vm:a p 1 T.hcA'z thI—lMy s rtghS-al-.oY W of NvIN]iA Areeu� Nance from eoW pofil of bYyfinbq long Ye k r.brlY rynl-eF.eY ibe of Neeex]tn Ae.au.so°vif]M 3aY.9e fees b W naefAeml of lel Il of lie reran umaewre slate sJ>ml seclm 4LdmSIm:Mence dmq INe nnrq dte of Mfe 4 rnL it et eme vbdN`m N8951'S011 4W11 Iset[p a, en IN e 1My 1-ef-.eY me e!Flom San m den9 add alpht-ol-roy NI Ifie Ndd]05YE II eoi yd le lie eeuu.eet�..nv orin�]A a!IAe AmmJed Rat el Wtf 7 k d el ITe SectM!to .1 bn lm;Hence tleng Ue eee1A Ibe sl eeb bt ]A 5895q'55e[14100.t 1tt lM1e ppMS Yt eg9nYy sea rred nesrp 1dd0 Gann F3 t a r If it II R It GLS'TON BNCINR6RMT SU.¢WV(0 h SVBS T8 M49 i z ;a