HomeMy WebLinkAbout12-01-20 City Commission Packet Materials - C8. Ord 2066 Provisonal Adoption of 1811 W. Koch St. ZMA1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Provisional adoption of Ordinance 2066, the 1811 W. Koch Street Zone Map
Amendment to designate 0.69 acres as R-O, Residential Office, Application 20102.
MEETING DATE: December 1, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Provisional adoption of Ordinance 2066, the 1811 W. Koch Street Zone Map Amendment to designate 0.69 acres as R-O, Residential Office, Application 20102. The property
consists of one parcel of land and adjacent right of way.
BACKGROUND: The applicant submitted application 20102 to amend the zoning map from R-3 to R-O for a parcel at 1811 W. Koch Street. City staff and the Zoning Commission recommended approval of the application. On November 10, 2020, the City Commission held a public hearing and unanimously
voted to apply a R-O zoning designation to the subject property, subject to contingencies. All
contingencies have been met by the applicant.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Adoption of Ordinance 2066 as presented and recommended.
2) Determine that the prior decision to zone was in error and do not adopt theordinance.
FISCAL EFFECTS: None
Attachments: Ordinance 2066 Zone Map Amendment Exhibit
Report compiled on November 19, 2020
Commission Memorandum
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Page 1 of 4
ORDINANCE NO. 2066
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND 0.69
ACRES FROM R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, TO R-O,
RESIDENTIAL-OFFICE DISTRICT, 1811 W. KOCH STREET ZONE MAP
AMENDMENT, APPLICATION 20102.
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 amend the zoning classification from R-3, (Residential Medium Density)
to R-O (Residential Office) for 0.69 acres has been properly submitted, reviewed, and advertised;
and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on October 26, 2020 to receive and review all written and oral testimony on the request for a zone
map amendment; and
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Ordinance 2052, Blackwood Groves Zone Map Amendment
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 20102, the 1811 W. Koch Street Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 10, 2020, 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 amended from
R-3, Residential Medium Density, to R-O, Residential-Office:
An area of land comprised described as follows:
Lot 7, Le Clair Subdivision, SW ¼ of Section 12 and SE ¼ of Section 11, T2S, R5E,
PMM, City of Bozeman, Gallatin County, Montana; and the adjacent right of way for S.
19th Avenue and Koch Street to the centerline of the respective streets.
Area = 0.69 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.
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Ordinance 2052, Blackwood Groves Zone Map Amendment
Page 3 of 4
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.
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Ordinance 2052, Blackwood Groves 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 1st day of December, 2020.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
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 ___ of
____________________, 2020. The effective date of this ordinance is __________, __, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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N89°05'37"E
101.77'43.34'178.04'S00°37'19"E30.00'N00°48'19"W 207.98'S89°06'55"W 144.44'
QUALITY CHECK:
DRAWN BY:
CAD NO.
JOB NO.
DATE:
20009ZMAX2.dwg
B20-009
11/13/20
BST
FB:---
LAYOUT:
Engineering
tdhengineering.com 8.5x11
ZONING R-O (PREVIOUSLY ZONED R-3)
A TRACT OF LAND BEING LOT 7 OF A PLAT OF THE LE CLAIR SUBDIVISION, &
PORTIONS OF SOUTH 19TH AVENUE & KOCH STREET
LOCATED IN THE SW 1/4 OF SECTION 12 & SE 1/4 SECTION 11, T2S, R5E, PMM,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
AREA: 0.69 ACRES
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