HomeMy WebLinkAbout06-18-18 City Commission Packet Materials - C13. Ordinance 2003, Final, Smith Zone Map Amendment1
REPORT TO: Mayor and City Commission
FROM: Melissa Pope, Assistant Planner Martin Matsen, Director of Community Development
SUBJECT: Final Adoption of Ordinance 2003, the Lot 3, Tract 7 Smith Zone Map
Amendment to designate 0.52 acres as R-1, residential single-household low
density, Application 17556. MEETING DATE: June 18, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission finally adopt Ordinance 2003, establishing R-1,
residential single-household low density district for 0.52-acres, located at 525 Valley Drive, described
Smith Subdivision, S11, T02 S, R05 E, Lot 3, Rearrangement of Tract 7, application 17556.
BACKGROUND: On April 16, 2018, the City Commission preliminarily approved Application 17556,
the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment. The companion zone map amendment was approved for an initial establishment of R-1, low-density residential district. The petitioner returned
the signed Annexation Agreement on May 14, 2018. Resolution 4903 authorizes the City Manager’s
signature on the Annexation Agreement on behalf of the City. Therefore, it is necessary to finalize the
zoning as well. The City Commission provisionally adopted Ordinance 2003 on June 4, 2018. All
required contingencies of approval have been satisfied.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Finally adopt Ordinance 2003 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 No. 2003
Zone Map Amendment Exhibit
Report compiled on May 29, 2018
Commission Memorandum
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Page 1 of 4
ORDINANCE NO. 2003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.52 ACRES TO R-1, RESIDENTIAL LOW 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-1 (Residential Low Density District) for
approximately 0.52 acres of the property has been properly submitted, reviewed, and advertised;
and
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Ordinance 2003, Lot 3, Tract 7 Smith Annexation and Zone Map Amendment
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission held a public hearing on March 20, 2018,
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 April 16,
2018, 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 Low Density District:
The property is located at 525 Valley Drive. The property is further described
as:
A tract of land being Lot 3, Rearrangement of Tract 7 of the Smith
Subdivision, situated in the S11, T02 S, R05 E, Gallatin County, Montana,
P.M.M. containing 0.5 acres.
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
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Ordinance 2003, Lot 3, Tract 7 Smith Annexation and Zone Map Amendment
Page 3 of 4
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.”
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2003, Lot 3, Tract 7 Smith Annexation and 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 held on the 4th day of June, 2018.
____________________________________
CYNTHIA L. ANDRUS 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 18th day of
June, 2018. The effective date of this ordinance is July 18, 2018.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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