HomeMy WebLinkAbout12-05-16 CC Mtg - C12. Ordinance 1968 Final Adoption, Stopka ZMA
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Mitch WerBell, Assistant Planner
Marty Matsen, Director of Community Development
SUBJECT: Final adoption of Ordinance 1968, the Stopka Zone Map Amendment
rezoning four existing lots and adjacent rights-of-way totaling 0.742 acres located at 3611, 3623, 3625 and 3641 Laduke Street from R-2,
residential two-household medium density district to R-3, residential
medium density district, Application 16380.
MEETING DATE: December 5, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1968, the Stopka Zone Map Amendment.
BACKGROUND: The City Commission held a public hearing on November 21, 2016. The
Stopka Zone Map Amendment Application 16380 was approved unanimously and Ordinance
1968 was provisionally adopted. The application amends the zoning map to increase compliance with the adopted growth policy and to eliminate bifurcated zoning on an existing lot.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified Attachments: Ordinance 1968
Stopka Zone Map Amendment
Report compiled on November 22, 2016
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ORDINANCE NO. 1968
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-2, RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT TO R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT FOR 0.742 ACRES DESCRIBED AS LOTS 1-4, BLOCK 20, OAK
SPRINGS SUBDIVISION, PHASE 1, LOCATED IN THE SOUTHEAST
ONE-QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA WITH R-3 ZONING EXTENDED TO THE CENTER LINE OF ALL ADJACENT RIGHTS-OF-WAY.
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 from R-2, Residential Two-Household Medium Density District to R-3, Residential Medium
Density District for 0.742 acres, has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on November 15,
2016 to receive and review all written and oral testimony on the request for a Zone Map
Amendment; and
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Ordinance 1968, Stopka Zone Map Amendment
Page 2 of 4
WHEREAS, upon a vote of 4-0, the Bozeman Zoning Commission recommended to the
Bozeman City Commission that the zone map amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 21, 2016, 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 twelve zone change
criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to
be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on November 21, 2016, the City Commission found that
the proposed Zone Map Amendment would be in compliance with Bozeman’s adopted growth
policy and would be in the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The zoning district designation of the following-described property is hereby designated as
"R-3", Residential Medium Density District:
Lots 1-4, Block 20, Oak Springs Subdivision, Phase 1, located in the Southeast
One-Quarter of Section 3, Township 2 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana.
SUBJECT to all easements of record or apparent from visual inspection
of the property.
R-3 zoning extends to the center line of all adjacent rights-of-way.
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.
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Ordinance 1968, Stopka Zone Map Amendment
Page 3 of 4
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.
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.
The effective date is thirty (30) days after final adoption of this ordinance on second
reading.
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Ordinance 1968, Stopka Zone Map Amendment
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading, at a regular session thereof held on the 21st day of November, 2016.
CARSON TAYLOR
MAYOR ATTEST:
ROBIN CROUGH 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 5th day of
December, 2016. The effective date of this ordinance is January 4th, 2017.
CARSON TAYLOR MAYOR
ATTEST:
ROBIN CROUGH
CITY CLERK APPROVED AS TO FORM:
GREG SULLIVAN CITY ATTORNEY
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