HomeMy WebLinkAbout18- Ordinance 2015 16th and Olive Zone Map Amendment a r,
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ORDINANCE NO. 2015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE
APPROXIMATELY 0.59 ACRES TO R-5,RESIDENTIAL MIXED-USE HIGH DENSITY
DISTRICT, KNOWN AS THE 16TH AND OLIVE ZONE MAP AMENDMENT.
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 2 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 a zoning classification of R-5 (Residential Mixed-Use High Density District)for 0.59
acres of the property has been properly submitted,reviewed, and advertised; and
Page 1 of 4
Ordinance 2015, 16111 And Olive Zone Map Amendment
WHEREAS, the Bozeman Zoning Commission held a public hearing on September 18,
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 October
8, 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-5, Residential Mixed-Use High Density District:
Lot 1-A & 2A, Block 1 of Richards Subdivision, Plat J-30-1), located in Section
12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
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.
Page 2 of 4
Ordinance 2015, 16"'And Olive Zone Dlap Amendment
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."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
Page 3 of 4
Ordinance 2015, 16"'And Olive Zone Atap Amendment
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 19th Day of November, 2018.
� G
CYN IA L. R S
Mayor
ATTEST:
O� B
,s, ,• ��ti ,p
ROBIN CROUGH
City Clerk _ _ .4__
C�TIN CO•�� ,
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 3`d day of
December 2018. The effective date of this ordinance is January 2, 2019.
CYNTHIA L. A DRU
Mayor
ATTEST:
B 02 .
ALI
ROBIN CROUGH
City Clerk
•�,"
�L�•i ■ ■ 10 APPRO ORM:
GREd,,S LIVAN
City Attorney
Page 4 of 4
R/W CENTERLINE — —
I
I WEST OLIVE STREET
I �
PROPERTY LINE5
589° 05' 5-7"W
41.52'
SVX
\
1605 YNEST OLIVE ST
LOT 1 A
13,135 5F
0.30 acres
89°00' -
-N— nn°--E— —
102.48'
— O
N COMBINED LOT
° � N
0�
per, NSG° 33'03"E ! 25,g01 SF
(p 60.22'
0.5g acres
ZON INO : R-5 ;
0 Lu
215 5 16TH AVE i o =
o LOT 2A m
12,-16g 5F I v
0.2g acres o
588°52' 25"Y^ — — — — — —
16"7.24' — —
1608 WEST OLIVE 5T LEGAL DESCIPTION:
RICHARDS SUB, 512, T02 5, R05 E, BLOCK 1, Lot 1-A, PLAT J-30-D
2155 16TH AVE LEGAL DESCIPTION:
RICHARDS SUB, 512, T02 5, R05 E, BLOCK 1, Lot 2A, PLAN J-30-D
I�
1 ZONE MAP AMENDMENT.
1" = 30'-O"
36 PROPERTIES 1" = 50'-0°
16TH AND OLIVE ZMA.
ZONE MAP AMENIDMENT 11/1/2018 6:00:39 PM