HomeMy WebLinkAbout11-06-17 City Commission Packet Materials - C14. Ordinance 1982 Final Adoption, Noyes Zone Map Amendment
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
SUBJECT: Final adoption of Ordinance 1982, the Noyes Zone Map Amendment zoning an existing .84-acre parcel to R-2 in association with annexation, located at 1200 Bridger Drive, Application 17422.
MEETING DATE: November 6, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1982, the Noyes Zone Map Amendment.
BACKGROUND: The City Commission held a public hearing on October 23, 2017. The Zone Map Amendment Application 17422 was approved unanimously and Ordinance 1982 was
provisionally adopted.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified Attachments:
Ordinance 1982 Exhibit A Noyes Zone Map Amendment Report compiled on October 30, 2017
175
Page 1 of 4
ORDINANCE NO. 1982
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.84 ACRES TO R-2, RESIDENTIAL TWO HOUSEHOLD MEDIUM
DENSITY DISTRICT.
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, 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 to amend the City of Bozeman Zone Map
to establish an initial zoning classification of R-2 (Residential Two Household Medium Density
District) for approximately 0.84 acres of the property has been properly submitted, reviewed, and
advertised; and
176
Ordinance 1982, Noyes Annexation Zone Map Amendment
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission held a public hearing on October 3, 2017,
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 the zone map amendment be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on October
23, 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 zone map amendment
criteria established in Section 76-2-304, Mont. Code Ann., 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
R-2, Residential Two Household Medium Density District: A tract of land in the Southwest Quarter of Section 32, Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana, and being more particularly described by the following metes and bounds, to-wit: Beginning at a point which bears North 1°39' West a distance of 677.79 feet and North 89°55' East a distance of 230.45 feet from the southwest corner of Section 32, Township 1 South, Range 6 East; thence from said point of beginning and bearing North 0°05' West a distance of 212.03 feet to the south right of way of the Bridger Canyon Road as now laid out and constructed; thence North 89°55' East, along said right of way a distance of 173.05 feet; thence South 0°05' East a distance of 212.03 feet; thence South 89°55' West a distance of 173.05 feet to the point of beginning, containing 0.84 acres, more or less.
Section 2
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Ordinance 1982, Noyes Annexation Zone Map Amendment
Page 3 of 4
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.
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.”
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Ordinance 1982, Noyes Annexation Zone Map Amendment
Page 4 of 4
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 23rd day of October, 2017.
____________________________________
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 6th day of
November, 2017. The effective date of this ordinance is December 6, 2017.
____________________________________ CARSON TAYLOR Mayor
ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM:
____________________________________ GREG SULLIVAN City Attorney
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