HomeMy WebLinkAbout22- Ordinance 2095 West Babcock Properties ZMA, Application 21192Ord 2095
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ORDINANCE 2095
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 3.4
ACRES FROM B-2, COMMUNITY BUSINESS DISTRICT TO B-2M, COMMUNITY
BUSINESS DISTRICT-MIXED, KNOWN AS THE WEST BABCOCK PROPRERTIES
ZONE MAP AMENDMENT, APPLICATION 21192.
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 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 application to amend the City of
Bozeman Zoning Map to rezone 3.4 acres from B-2 (Community Business District) to B-2M
(Community Business District-Mixed) has been properly submitted, reviewed, and advertised; and
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Ordinance No. 2095, West Babcock Properties ZMA
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WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on August 23, 2021 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 application No. 21192 the West Babcock Properties Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
September 21, 2021, 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-2M, Community Commercial District-Mixed:
An area of land comprised described as follows:
A parcel of land, being Tracts A, B & C of Certificate of Survey No. 1193, Documents
#2155019, #2480780 and #2526375, Film 45, Page 1315, and portions of South 19th Avenue
right of way, said parcel being located in the Southeast Quarter of Section 11 and the Southwest
Quarter of Section 12, Township 2 South, Range 5 East, Principal Meridian Montana, City of
Bozeman, Gallatin County, Montana and being further described as follows:
Beginning at the southeast corner of the tract described in said Document #2526375; thence
North 89°54'09" West, on the south line of said tract, a distance of 191.09 feet; thence North
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Ordinance No. 2095, West Babcock Properties ZMA
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00°25'21" East, on the west line of said tract, a distance of 1.80 feet; thence North 89°50'48"
West, on the south line of Certificate of Survey No. 1193, the south line of Parcels I and II of
Document #2480780 and on the westerly extension of said south line, a distance of 461.64 feet;
thence North 00°19'09" East, on the centerline of South 19th Avenue as shown on Certificate of
Survey No. 2583, a distance of 225.87 feet; thence South 89°51'33" East, on the north line of
the Northwest Quarter of the Southwest Quarter of said Section 12 and on the westerly extension
of said line, a distance of 654.47 feet; thence South 00°45'36" West, on the east line of the tract
described in Document #2526375, a distance of 227.64 feet to the Point of Beginning.
The described parcel has an area of 3.40 acres, more or less. The described parcel is as shown
on the accompanying exhibit and 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
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.
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Ordinance No. 2095, West Babcock Properties ZMA
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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 No. 2095, West Babcock Properties ZMA
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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 14th day of December, 2021.
____________________________________
CYNTHIA L. ANDRUS
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 ____ of
________________, 2022. The effective date of this ordinance is _____________, ____, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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February 3January
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WEST BABCOCK PROPERTIES ZONE MAP AMENDMENT
LEGAL DESCRIPTION
A parcel of land, being Tracts A, B & C of Certificate of Survey No. 1193, Documents #2155019,
#2480780 and #2526375, Film 45, Page 1315, and portions of South 19th Avenue right of way, said parcel
being located in the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12, Township
2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and
being further described as follows:
Beginning at the southeast corner of the tract described in said Document #2526375; thence North
89°54'09" West, on the south line of said tract, a distance of 191.09 feet; thence North 00°25'21" East,
on the west line of said tract, a distance of 1.80 feet; thence North 89°50'48" West, on the south line of
Certificate of Survey No. 1193, the south line of Parcels I and II of Document #2480780 and on the
westerly extension of said south line, a distance of 461.64 feet; thence North 00°19'09" East, on the
centerline of South 19th Avenue as shown on Certificate of Survey No. 2583, a distance of 225.87 feet;
thence South 89°51'33" East, on the north line of the Northwest Quarter of the Southwest Quarter of
said Section 12 and on the westerly extension of said line, a distance of 654.47 feet; thence South
00°45'36" West, on the east line of the tract described in Document #2526375, a distance of 227.64 feet
to the Point of Beginning.
The described parcel has an area of 3.40 acres, more or less. The described parcel is as shown on the
accompanying exhibit and is along with and subject to any existing easements.
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