HomeMy WebLinkAboutOrdinance 13- 1855 Zone Map Amendment Leep ORDINANCE NO. 1855
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 2.0 ACRES TO R-3
(RESIDENTIAL MEDIUM DENSITY DISTRICT) FOR THE PROPERTY KNOWN AS
THE LEEP ZONE MAP AMENDMENT TRACT LOCATED IN THE NW 1/4 OF
SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to initially zone approximately 2.0
acres to R-3 (Residential Medium Density District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on May 1, 2012, 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 not be recommended for approval as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on May 21,
2012, 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
WHEREAS, at its meeting held on May 21, 2012, the City Commission found that the
ORDINANCE NO. 1855
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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-3 (Residential Medium Density District):
A portion of land being Tract 6B of the Smith Subdivision on record with the Gallatin
County Clerk and Recorder located in the Northwest One-Quarter of Section I I 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;B; thence South 021 011 57" West a
distance of 640.60 feet; thence North 891031 2211 West a distance of 135.45 feet; thence
North 02* 01' 57" East a distance of 640.60 feet; thence South 89" 031 22" East a distance of
135.45 feet to the Point of Beginning containing 2.0 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.
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.
ORDINANCE NO. 1855
Page 2 of 4
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 "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 28'1' day of January, 2013,
/SEAN A. BECKER
Mayor
41
ATTEST:
STA EX M fl-
City
ORDINANCE NO. 1855
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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 25'x' of
February, 2013. The effective date of this ordinance is March, 25, 2013,
SEAN A. BECKEIt
Mayor
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APPROVED O FORM:
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City Attorney
ORDINANCE NO. 1855
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