HomeMy WebLinkAbout22- Ordinance 2102 Billings Clinic Zone Map AmendmentOrd 2102
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ORDINANCE 2102
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO INITALLY
DESIGNATE 4.7346 ACRES AS B-2, COMMUNITY BUSINESS DISTRICT, BILLINGS
CLINIC ANNEXATION ZONE MAP AMENDMENT, APPLICATION 20132
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 Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 20132, the Billings Clinic Annexation Zone Map Amendment,
be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on February
8, 2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
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Ordinance No. 2102, Billing Clinic Annexation Zone Map Amendment
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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
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested B-2 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
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8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
20132 Billings Clinic Annexation Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
B-2, Community Business District:
The property is described as:
A Tract of land located in the Southwest 1/4 of Section 26, Township 1 South,
Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as
follows:
Beginning at a point on the common line between sections 26 and 27, Township 1 South,
Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of Certificate of
Survey 165 A; thence from said Point of Beginning N 89°44'39” E, a distance of 296.06
feet along the south line of said Tract A-1; thence S 00°57'53” W, a distance of 597.06
feet; thence S 88°42'42” W, a distance of 149.78 feet to the north line of Cattail Lake
Subdivision; thence S 50°16'06” W, a distance of 187.09 feet along said north line of Cattail
Lake Subdivision to the common line of Sections 26 and 27, Township 1 South, Range 5
East, P.M.M.; thence N 89°23'31” W, a distance of 30.00 feet to the west line of the Davis
Lane road right-of-way; thence N 00°36'29” E, a distance of 718.65 feet along said Davis
Lane road right-of-way; thence S 89°23'31” E, a distance of 30.00 feet to the common line
of Sections 26 and 27, Township 1 South, Range 5 East, P.M.M and the Point of Beginning;
said tract containing 4.7346 acres.
Section 3
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.
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Section 4
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 5
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 6
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 7
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 10th day of May, 2022.
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____________________________________
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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