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Home My WebLink About18- Ordinance 1991 J&D Zone Map Amendment CO. ORDINANCE NO. 1991 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND 15.47 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO R-O, RESIDENTIAL-OFFICE 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 amend the zoning classification from R-4 (Residential High Density District) to R-O (Residential-Office) for approximately 15.47 acres of the property has been properly submitted, reviewed, and advertised; and Page 1 of 5 Ordinance 1991, 2017 J&D Zone Map Amendment WHEREAS, the Bozeman Zoning Commission held a public hearing on December 5, 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 December 18, 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-O,Residential-Office District, Lot R-2 J&D Family Subdivision Phase 2 and Common Open Space B of the J&D Family Subdivision Phase 1 and further described as: Beginning at the center East 1/16 CORNER of the NE 1/4 OF SE 1/4 of Section 9; THENCE S89039'23"E a distance of 762.07 FEET; THENCE S1050'19"W a distance of 483.16 FEET; THENCE N89039'23"W a distance of 375.64 FEET; THENCE S8°15'55"W a distance of 385.54 FEET; THENCE S7000'20"E a distance of 174.58 FEET; THENCE S0031'58"W a distance of 90.89 FEET; Page 2 of 5 Ordinance 1991,2017 J&D Zone Map Amendment THENCE S27026'08"W a distance of 160.79 FEET; THENCE S0025'50"W a distance of 60.00 FEET to the south right-of-way line of Fallon Street; THEN along said south right-of-line N89°34'10"W a distance of 311.24 FEET to the southeast corner of Norton East Ranch Subdivision Phase 1; THENCE along the east boundary of said subdivision N2°08'35"E a distance of 1332.32 FEET to the point of beginning. Said boundary contains 15.47 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 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 Page 3 of 5 Ordinance 1991,2017 J&D Zone Hap Amendment 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." Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. Page 4 of 5 Ordinance 1991,2017 J&D Zone Map Amendment PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 16th day of Jul 8. NDRUS y0 Oz ATTEST: O� 8• • .EILj'- 0*7� ■ 111 RO CROUGH 'zr City Clerk • do TIN CC',•' FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof h n the 61h day of August, 2018. T .AN U ayor ATTEST: 3' BIZ �• R BIN CROUGH r � City Clerk '' r ^ • �LLgTIN co•�l� APPROVED S TO FORM: G G SULLIVAN City Attorney Page 5 of 5 OS8C'OL9'907 I ILZ691W'NVW3Z08 19OZ alM IS NWW-9 1701 1N 3 W O NIM V d V W 3 NOZ 8SOZ/90:31tl0 z N ixawdO'IHAa(i wM1:A8 addV u c-i �I��►1SAdH VNVINOW NVW3Z09 g wnu Ae a,rHI Hy:ABNAWK NOISIAICIons imi ws f I I z d 0 1 d0 2 yWy z r I G o w m Z O O Z O m a m O F U O OVOH OOOMN011OJ LL w z= Og a LL� �- z 2 m g o 0 w ��-ziz a ¢ Iz E G vwiozz 34 o c� z pam,, o o w D N O u 0 �. m Z N f- i o mu' a wm LSiJz�mQ �z B. 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