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Home My WebLink About18- Ordinance 2003 Lot 3, Tract 7 Smith Annexation and Zone Map Amendment 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 Page 1 of 4 Ordinance 2003,Lot 3, Tract 7 Smith Annexation and Zone Map Amendment 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 Page 2 of 4 Ordinance 2003,Lot 3, Tract 7 Smith Annexation and Zone Map Amendment 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. Page 3 of 4 Ordinance 2003, Lot 3, Tract 7 Smith Annexation and Zone Hap Amendment 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. D Mayor ATTEST: B O s y r , ♦ r vim-'4;�/ •','p ROBIN CROUG City Clerk �,. ^" ' • 1883 .. �� TrN co. .0 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, 201 . CYN HIA L. U Mayor ATTEST: ` BO = •••r 'k •••7 RO IN CROUG City Clerk * •• ' z� = ��rrN co��1°• ' APPROVED AS TO FORM: df&OULLIVAN City Attorney Page 4 of 4 "4u p _ a t� ay w aw o ah � J° fry YO A3lltlA �� b ' 3AV3NO1SA4°ll3AN 3 L $ J 3 z N � z DnNDAV HDHIDMI2JDN xoismiaans sxoam Aa'nVA ao aria xoisL iagns siLoa qn LAP d T�6 d0 and oy A Fy�b w Yv6�J°oo,�, Ci Qa W' `GlP °z U) 0 o, z � o� j o Cat m eh to c0 °1a+i, cosdy0 •-, 0 �O �ijs o �a ATnVn �e � U) � .0000 aat � 4st M,OO,iYDp S O CQ co � CQ CQ iQ �p F a° AVM 2:OHdOISWHO pp rn °w is LXLI � �ej� <•t.� � Q L � m dt ko�,°a O � coO) W W <' F- z O w Q tL X z W z Lli z Q