HomeMy WebLinkAbout20- Ordinance 2038 Nahorniak Zone Map Amendment w r
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ORDINANCE NO. 2038
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 1.1942 ACRES AS R-4, RESIDENTIAL HIGH DENSITY, NAHORNIAK
ZONE MAP AMENDMENT, APPLICATION 19335.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; 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 application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) for
approximately 1.1942 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on October 1, 2019 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 application No. 19335 the Nahorniak Zone Map Amendment, be approved as
requested by the applicant; and
Page 1 of 4
Ordinance 2037,2504 W.Mendenhall Sheet Zone Map Amendment
WHEREAS, after proper notice,the City Commission held its public hearing on October
21, 2019, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS,the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., 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-4,Residential High Density:
That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file
and of record in the office of the Clerk and Recorder, Gallatin County,Montana as
described in Document Number 2602650,records of said office of the Clerk and
Recorder, and that part of adjacent right of way for Durston Road as described on
Document Number 2226667 on file and of record in the office of the Clerk and Recorder,
Gallatin County,Montana,located in the Northwest Quarter of Section 11, Township 2
South,Range 5 East of P.M.M., Gallatin County, Montana, and further described as
follows:
Beginning at the southwest corner of said property described in Document Number
2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along
the west line of said Tract 6;thence westerly 270055'41" azimuth 10.00 feet; thence
northerly 001°57'28" azimuth 163.86 feet along the west line of said property described
in Document Number 2602650 and its northerly extension to the centerline of the right of
way of Durston Road;thence easterly 090°56'46" azimuth 149.29 feet along said
centerline;thence southerly 181°53'50" azimuth 290.00 feet along the east line of said
property described in Document Number 2602650 and its northerly extension;thence
along the boundary of said property described in Document Number 2602650 on the
following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth
73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning.
Area= 52,018 square feet, 1.1942 acres.
Page 2 of 4
Ordinance 2037,2504 W.Mendenhall Street Zone Map Amendment
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
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
Page 3 of 4
Ordinance 2037, 2504 TV. Mendenhall Street Zone Map Amendment
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 27th day of January, 2020.
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CHRIS MEHL
Mayor
ATTEST: .• •.
V � • M ♦ �.
MAA `1j •
Interim City Clerk •
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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
day of 52020.
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®F $ CHRI MEHL
.4 , . . . � ayor
ATTEST:
NUKE MAAS jay q• • lm "• ,
Interim City Clerk , a �T♦T a
gOVED AS TO FORM:
i,:�RFM LIVAN
City Attorney
Page 4 of 4