HomeMy WebLinkAbout21- Ordinance 2094 Amending Zone Map from R-4 to R-5 Lot 5C Annie Subdivision ZMA app 21172Page 1 of 4
ORDINANCE 2094
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 3.492
ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO R-5, RESIDENTIAL
MIXED-USE HIGH DENSITY DISTRICT, KNOWN AS THE LOT 5C ANNIE
SUBDIVISION ZONE MAP AMENDMENT, APPLICATION 21172.
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 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 application to amend the City of
Bozeman Zoning Map to rezone 3.492 acres from R-4 (Residential High Density District) to R-5
(Residential Mixed-Use High Density District) has been properly submitted, reviewed, and
advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on August 23, 2021 to receive and review all written and oral testimony on the request for a zone
map amendment; and
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WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21172 the Lot 5C Annie Subdivision Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
September 14, 2021, 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-5, Residential Mixed-Use High Density District:
An area of land comprised described as follows:
Lot 5C and Common Open Space A, Amended Plat of Lot 5, Annie Subdivision, Phase 2 [Plat J-
204-A], and adjacent portions of North 27th Avenue, North 25th Avenue, Breeze Lane, and
Tschache Lane right of ways, and located in the Northeast Quarter of Section 2, Township 2
South, Range 5 East, of P.M.M., City of Bozeman, Gallatin County, Montana. Said property is
further described as follows:
Beginning at the intersection of the centerlines of Tschache Lane & N. 27th Ave, at a point
which is also the C-N 1/16 corner of said Section 2; thence easterly 089°32'44", assumed
azimuth from North, 322.54 feet along the centerline of Tschache Lane; thence southerly
181°28'43" azimuth, 477.33 feet along the centerline of North 25th Avenue; thence westerly
271°29'48" azimuth, 322.35 feet along the south line of said Lot 5C and its easterly and westerly
extensions and also being the centerline of Breeze Lane, to the centerline of North 27th Avenue;
thence northerly 001°28'43" azimuth, 466.42 feet along last said centerline to the point of
beginning.
Area = 152,110 square feet, 3.4920 acres or 14,131.5 square meters. Subject to existing
easements.
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All as depicted on the Lot 5C Annie Subdivision Zone Map.
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
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 26th day of October, 2021.
____________________________________
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 9th of
November, 2021. The effective date of this ordinance is December 10, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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By:Assistant City Attorney