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HomeMy WebLinkAbout17- Ordinance 1982 Noyes Annexation Zone Map Amendment 4� s � N CO. 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 Page 1 of 4 Ordinance 1982,Noyes Annexation Zone Map Amendment 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 230AS 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 VOT 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 Page 2 of 4 Ordinance 1982,Noyes Annexation Zone Map Amendment 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." Page 3 of 4 Ordinance 1982,Noyes Annexation Zone Map Amendment 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 Bog . ATTEST: • • ,,� �:cJ{ • ram, �` ■ ROBITirCROUGH City Clerk 1883 TIN CO �1 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 61h day of November, 2017. The effective date of this ordinance is December 6, 2017. CARSON TAYLOR Mayor ATTEST: " B 02 41 ROBIN CROUGH ' City Clerk 1l�TI�ca �1 APPR VED O FORM: S#UIVAN City tt ey Page 4 of 4 J --� BRIDGER DRIVE s-s zom� r- 6stat.City Limtfs Svkkct T`nsct,Book"9 of Rats,Itrga.IS9 0.84 ours I 1200 APRU7r Dr va BD fi 7-Z Nbd t 7}act 1 PNOPOS6D R-2 ZONING y Svbd4 au 9.rms a-s sa°„a y� F 2 � Y 00 Pn sed Cit Ltmids 3 I F r T—t/ A$,bob o I I v I � I I HILLSIDE LANE �----- IC 7Sact C2-A c DES RIPTIO11 OF NO ON MAP AMENDMENT A Tract of Land in the Southwest One-Quarter (SW) of Section 32, Township 10 South, Range 6 East, P.M.M., Gallatin County, Montana, being described on Property Plat at Book 149, Page 459, records of the Gallatin County Clerk and Recorder and further described on said Property Plat by s the following Metes and Bounds: Beginning at a point which bears North 139' West a distance of 677.79 feet and North 89'55' ,5 East a distance of 230.45 feet from the southwest corner of Section 32, Township 1 South, q Range 6 East; thence from said point of beginning and bearing North 0'05' West a distance of e 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. 'e SUBJECT to all easements of record or apparent from ❑ visual inspection of the property. 1: 0 61rE[q� STAHLY ENGINEERING&ASSOCIATES Noyes Zone Map Amendment Map DESIGNED'- Z t� �f PROFESSIONAL ENGINEERGb SURVEYQRS DRAWN: aR5 0 SD 100 200 STAHLY COUNTY: GALLATIN 1 4 SEC T R 1 4 Sec. T R cNECNm:_ 7Z78 VMiANA Ali �ml 1 aL dt a°Dcas w.ram. DATE 0t7 t0/ta/z IN FEET "❑"a°°1°°'m tA.mHa'0°,°'. wm -o' 32 10S 6E pu}vi=uu'm° ;�t.oe>•a�, �t,apa_..a PRINCIPAL MERIDIAN, s{EEr MONTANA 1 OF 1