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HomeMy WebLinkAbout16- Ordinance 1968 Stopka Zone Map Amendment from R-2 to R-3 4r. Co.y�C 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 Ordinance 1968,Stopka Zone Map Amendment 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. Page 2 of 4 Ordinance 1968,Stopka Zone Map Amendment 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. Page 3 of 4 Ordinance 1968, Stopka Zone Map Amendment PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 2 1"day of November, 2016. Q"J>' ;�"�I CARSON TAYLOR Mayor �� ATTEST: .B 02• • . � ' • �~ ( •� ROBIN CRGI HGq ' City Clerk `�TiN co•Rio '' 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 5ch day of December, 2016. The effective date of this ordinance is January 4", 2017. CARSON TAYLOR Mayor ATTEST: ` 00B 02'' 0 ' ' • �`r , c. ROBI Cl" City Clerk'. �'. 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