HomeMy WebLinkAbout22- Ordinance 2119 130 Flanders MillOrd 2119
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ORDINANCE 2119
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 1.0875 ACRES AS R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT,
KNOWN AS THE 130 FLANDERS MILL ROAD ZONE MAP AMENDMENT,
APPLICATION 22043.
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 establish a zoning classification of R-3 (Residential Medium Density)
for approximately 1.0875 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on July 18, 2022 to receive and
review all written and oral testimony on the request for a zone map amendment; and
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
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WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22043 the 130 Flanders Mill Road Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 26,
2022, 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-3, Residential Medium Density District:
An area of land comprised described as follows:
A tract of land being Tract 1 of COS 2360 located in the Southwest ¼ of Section 3,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana more
particularly described as follows: Beginning at The Southeast corner of said Tract
1, a Gaston Yellow Plastic Cap (YPC); thence N 00°59'59" E, a distance of 127.51'
to a Gaston YPC; thence N 89°48'15" W, a distance of 371.54' to a calculated
position on the North-South 1/16th line of the Southwest Quarter of said Section 3;
thence along said 1/16th line, S 00°59'59" W, a distance of 127.51' to a calculated
position; thence S 89°48'15" E a distance of 371.54' to the Point of Beginning.
Containing 47,371.1 square feet, 1.087 acres, more or less. Subject to all easements of record or
apparent from a visual inspection of the property and is along with and subject to any existing
easements.
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
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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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Ordinance No. 2119, 130 Flanders Mill Road ZMA
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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 July, 2022.
____________________________________
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
________________, 2022. The effective date of this ordinance is _____________, ____, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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