HomeMy WebLinkAbout12-18-17 City Commission Packet Materials - C12. Ordinance 1984 Provisional, Locke Zone Map Amendment1
REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Provisional Adoption of Ordinance 1984, Locke Zone Map Amendment, changing 2.174-acres from R-S, Residential Suburban to R-1, Residential Single-Household Low Density at 2111-2119 Sourdough Road, Application 17182. MEETING DATE: December 18, 2017
AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1984, changing the
zoning map on 2.174 acres from R-S, Residential Suburban to R-1, Residential Single-Household Low
Density at 2111-2119 Sourdough Road.
BACKGROUND: On October 23, 2017, the City Commission preliminarily approved Application 17182, the Locke Zone Map Amendment. All required contingencies of approval have been satisfied and the required ordinance has been prepared.
UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1984 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the
ordinance.
FISCAL EFFECTS: None Attachments: Ordinance 1984
Zone Map Amendment Exhibit
Report compiled on December 8, 2017
Commission Memorandum
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Page 1 of 5
ORDINANCE NO. 1984
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE 2.174-
ACRES FROM R-S, RESIDENTIAL SUBURBAN DISTRICT TO R-1, RESIDENTIAL
SINGLE-HOUSEHOLD LOW DENSITY DISTRICT AT 2111-2119 SOURDOUGH ROAD
INCLUDING ADJACENT PUBLIC RIGHT 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, 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
from R-S (Residential Suburban District) to R-1 (Residential Single-Household Low Density
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Ordinance 1984, Locke Zone Map Amendment
Page 2 of 5
District) for approximately 2.174-acres of the property has been properly submitted, reviewed, and
advertised; and
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, 2017, 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-
1, Residential Single-Household Low Density District:
Lot 4, Lot 5, Lot 6, Lot 7 and Lot 8, LEWIS SUBDIVISION, [Plat F-4], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and that part of the adjacent right of way for Sourdough Road as dedicated on said LEWIS SUBDIVISION, located in the
Southeast Quarter of Section 18, Township 6 South, Range 2 East of P.M.M., City of Bozeman, Gallatin County, Montana, all described as follows:
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Ordinance 1984, Locke Zone Map Amendment
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Beginning at the northwest corner of said Lot 4,
thence easterly 075"41'34", assumed azimuth from north, 197. 18 feet along the north line of said Lot 4 and its easterly extension to the centerline of Sourdough Road; thence southeasterly 148°14'00" azimuth 388.81 feet along said centerline;
thence southerly 160°34'00" azimuth 161.20 feet along said centerline to the
easterly extension of the south line of said Lot 8; thence westerly 256°12'23" azimuth 190.00 feet along last said extension and along the south line of said Lot 8; thence northerly 340°34'00" azimuth 120.90 feet along the westerly lines of said
Lot 8 and Lot 7;
thence northwesterly 328°14'00" azimuth 379.10 feet along the westerly lines of said Lot 7, Lot 6, Lot 5 and Lot 4 to the point of beginning. SUBJECT to all easements of record or apparent from a visual inspection of the
property.
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.
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.
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Ordinance 1984, Locke Zone Map Amendment
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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.”
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 18th day of December 2017.
____________________________________ CARSON TAYLOR Mayor
ATTEST: ____________________________________
ROBIN CROUGH City Clerk
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Ordinance 1984, Locke Zone Map Amendment
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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 4th day of
January 2018. The effective date of this ordinance is February 4, 2018.
_________________________________ CARSON TAYLOR Mayor
ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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