HomeMy WebLinkAboutOrdinance 13- 1854 Zone Map Amendment Christenot 01
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ORDINANCE NO. 1854
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO GRANT INITIAL
MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 6.66 ACRES TO R-4
(RESIDENTIAL HIGH DENSITY DISTRICT) FOR THE PROPERTY KNOWN AS THE
CHRISTENOT ZONE MAP AMENDMENT TRACT LOCATED IN THE NW 1/4 OF
SECTION 11, T2Sj R5F, PMM, GALLATIN COUNTY,MONTANA.
WHEREAS, the proposed zone map amendment to initially zone approximately 6.66
acres to R-4 (Residential High Density District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on August 16,
2011, 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 the zone map amendment be denied as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 28, 2011, to receive and review all written and oral testimony on the request for a
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the thirteen 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 thirteen criteria; and
ORDINANCE NO. 1854
Page 1 of 4
WHEREAS, at its meeting held on November 28, 2011, the City Commission found
that the proposed zone map amendment would be in compliance with Bozeman's adopted
growth policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section I
That the zoning district designation of the following-described property is hereby
granted initial zoning of R-4 (Residential High Density District):
A portion of land being Tract 6 of the Smith Subdivision on record with the Gallatin
County Clerk and Recorder and a portion of the adjacent Durston Road Right of Way
located in the Northwest One-Quarter of Section 11 Township 2 South, Range 5 East,
Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly
described as follows:
Beginning at the northwest corner of said Tract 6; thence North 00' 56' 38" East a distance
of 45 feet to the northern boundary of said Section 11; thence South 80' 03' 22" East a
distance of 187.03 feet along the northern boundary of Section 11; thence South 00' 56' 38"
West a distance of 45 feet to the Northeast corner of Tract 6; thence South 02101' 57"
West a distance of 1,289.91 feet to the Southeast corner of Tract 6; thence North 890 071
4711 West a distance of 326.49 feet to the Southwest corner of Tract 6; thence North 02' 01'
57" East a distance of 331.24 feet; thence South 891 03" 22" East a distance of 135.45 feet;
thence North 02' 01' 57" East a distance of 714.10 feet; thence South 891 03' 22" East a
distance of 4.0 feet; thence North 021 01' 57" East a distance of 244.99 feet to the Point of
Beginning containing 6.66 acres, more or less.
Subject to all casements of record or apparent from a visual inspection of the property
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.
ORD11NANCE NO. 1854
Page 2 of 4
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
Severab,ility.
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 "Zoning Map Amendments,"
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 281h day of January, 2013.
ORDINANCE NO. 1854
Pac,t,e.3 of 4
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EAN A. B
Mayor
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S"TAC. i'L 1i C
City C 1
F ITT S N`I SAS 1 , ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 2.5`x' of
February, 2013.. The effective date of this ordinance is March, 25t", 2013,J,-24 ,
SEAN A. BECKER
Mayor
ATTEST.
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6RWSULLIVAq'
City Attorney
ORDINANCE NO. 1854
Page 4 of 4
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