HomeMy WebLinkAbout24- Ordinances 2114 - South Third Annexation R-3 Zoning DesignationOrd 2114
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ORDINANCE 2114
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLISH
INITIAL ZONING OF R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, KNOWN AS
THE SOUTH 3RD ZONE MAP AMENDMENT, APPLICATION 21161.
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 municipal zoning on 1.17 acres to R-3 (Residential Medium
Density District) has been properly submitted, reviewed, and advertised; and
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WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on January 3, 2022 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. 21161 the South 3rd Zone Map Amendment, be approved as
requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on February
1, 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:
Beginning at a point (POB), that is a 2" Brass Cap in a Metal Monument Box, and which
is the Northeast Corner of Section 24, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana;
• thence S 89° 53' 31" E, along the line common to sections 18 and 19 of said T2S,
R6E, a distance of 45.00 feet to a point;
• thence leaving said section line and running S 00° 06' 29" W along the eastern
boundary of said Fm174Pg5212 deed parcel, a distance of 165.05 feet to a point;
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Ordinance No. 2114, South 3rd ZMA
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• thence N 89° 53' 31" W, a distance of 45.00 feet to a point on the range line and the
line common to sections 19 and 24;
• thence S 88° 58' 09" W, a distance of 263.98 feet to a point;
• thence N 00° 06' 11" E, a distance of 164.97 feet to a point on the line common to
sections 13 and 24 of said T2S, R5E;
• thence N 88° 57' 03" E, a distance of 264.00 feet along said line common to sections
13 and 24 to the POB.
Said Tract being 50,970 square feet or 1.17 acres more or less, along with and subject to
all easements of record.
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.
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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 ______ day of ______________, 2023.
____________________________________
TERENCE CUNNINGHAM
Deputy 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
________________, 2024. The effective date of this ordinance is _____________, ____, 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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