HomeMy WebLinkAboutOrdinance 15- 1911 The Broadleaf Zone Map Amendment ORDINANCE NO. 1911
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.335 ACRES TO R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) AND
TO CHANGE FROM R-1 (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY
DISTRICT) TO R-4 1.63 ACRES LOCATED SOUTH OF LINCOLN ROAD AND
BETWEEN ALDER COURT LANE AND MAPLE LANE.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; 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, Mont. Code Ann.; states that the Zoning Commission
i
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, Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets k
k
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to establish an initial zoning classification of R-4 (Residential High Density District) for
approximately 0.335 acres of the property, and rezoning of approximately 1.63 acres of the
property from R-1 zoning (Residential Single-Household, Low Density District) to R-4 zoning,
has been properly submitted,reviewed and advertised; and
Page 1 of 5
Ordinance No. 1911, The Broadleaf Zone Map Amendment
WHEREAS, the Bozeman Zoning Commission held a public hearing on November 18,
2014, 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 approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
WHEREAS, after proper notice, the City Commission held its public hearing on
December 15, 2014, 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 zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., 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-4" (Residential High Density District):
Four (4)tracts of land located in the SW1/4 of Section 13, Township 2 South,Range 5 East,
P.M.M., City of Bozeman, Gallatin County,Montana, being more fully bounded and described
as follows:
Beginning at the Northwest corner of Tract 1A of Beatty's Alder Court Subdivision(Plat
Reference E-46-C),thence along the South right-of-way line of Lincoln Road N89°51'20"E a
distance of 298.49 feet to a point on the West right-of-way line of Alder Court Lane; thence
along said right-of-way line S00°04'43"E a distance of 183.89 feet to the Northeast corner of
Tract 25 of Beatty's Alder Court Subdivision;thence along the North and West lines of said
Beatty's Alder Court Subdivision, respectively,the two (2) following courses; 1) S89°46'11"W a
distance of 131.57 feet; 2) S00°22'24"W a distance of 217.86 feet to the Northeast corner of
Tract A of Certificate of Survey Number 573; thence along the North line of said Tract A
S89°50'35"W a distance of 68.70 feet to the Southeast corner of unplatted lands; thence along the
East and North lines of said unplatted lands,respectively,the two (2) following courses; 1)
N00°23'19"E a distance of 104.14 feet; 2) S89°50'42"W a distance of 140.00 feet to a point on
Page 2 of 5
Ordinance No. 1911, The Broadleaf Zone Map Amendment
the East line of Lot 5, Remington Addition to the City of Bozeman; thence along the East line of
said Lot 5 N00°23'19"E a distance of 104.35 feet to a point on the South right-of-way line of
Maple Lane; thence along said right-of-way line N89°50'42"E a distance of 40.11 feet; thence
along the East right-of-way line of said Maple Lane N00°25'11"E a distance of 193.49 feet to the
Pint of Beginning. Said tracts containing in area 1.965 acres.
SUBJECT to all easements 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.
Section 4
i
f
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 j
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.
F
Page 3 of 5
Ordinance No. 1911, The Broadleaf Zone Map Amendment
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."
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 4th day of May 2015.
s
JEFF Y USS
Ma
Y
ATTEST:
STACY ULMEN, C
City Clerld` 1® �
LLB rI1V CO.1`�
Page 4 of 5
Ordinance No. 1911, The Broadleaf Zone Map Amendment
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 18th day of
May 2015. The effective date of this ordinance is June 18, 2015.
JEF Ipauss
M r
ATTEST
ST MEN CMC
�8
City Clerk
L�7,11v co.L
APPR VED AS TO FORM:
S LLIVAN
City Attorney
Page 5 of 5