HomeMy WebLinkAbout20- Ordinance 2051 University Crossing 2020 Zone Map AmendmentPage 1 of 4
ORDINANCE NO. 2051
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 1.749 ACRES AS B-2, COMMUNITY BUSINESS DISTRICT, UNIVERISTY
CROSSING 2020 ZONE MAP AMENDMENT, APPLICATION 19444.
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 76-2-307, 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 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 application to amend the City of
Bozeman Zoning Map to establish a zoning classification of B-2 (Community Business District)
for approximately 1.749 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on December 10, 2019 to receive and review all written and oral testimony on the request for a
zone map amendment; and
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Ordinance 2051, University Crossing 2020 Zone Map Amendment
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WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 19444 the University Crossing 2020 Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on January
13, 2020, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., 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:
That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file
and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and
located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East of
P.M.M., Gallatin County, Montana, described as follows:
Beginning at the Southwest Corner of Lot 3, University Crossing Minor Subdivision No.
503; thence westerly 271°22'33", assumed azimuth from north, 243.14 feet on the
westerly extension of the south line of said Lot 3; thence northerly 000°37'20" azimuth
89.39 feet; thence northeasterly 046°16'01" azimuth 79.96 feet; thence northeasterly
028°55'08" azimuth 77.03 feet; thence northerly 007°19'59" azimuth 223.03 feet to the
centerline of Kagy Boulevard; thence easterly 091°23'42" azimuth 126.76 feet along said
centerline; thence southerly 181°03'08" azimuth 435.12 feet, along the west line of said
University Crossing Minor Subdivision No. 503 to the point of beginning.
Area = 76,185 square feet or 1.7490 Acres or 7,077.8 square meters.
Section 2
Repealer.
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Ordinance 2051, University Crossing 2020 Zone Map Amendment
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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.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2051, University Crossing 2020 Zone Map Amendment
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 15th day of June, 2020.
____________________________________
CHRIS MEHL Mayor
ATTEST: ____________________________________ MIKE MAAS City Clerk
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 6th day of
July, 2020.
_________________________________ CHRIS MEHL Mayor
ATTEST:
_________________________________
MIKE MAAS City Clerk APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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DocuSign Envelope ID: 45F9F91A-421D-4E3B-8A18-1C276FE544A5