HomeMy WebLinkAbout20- Ordinance 2037 2504 West Mendenhall Street Zone Map Amendment c4 80, E
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ORDINANCE NO. 2037
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.978 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY,
APPLICATION 19462.
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 37 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 0.978 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on January 7, 2020 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. 19462 the 2504 W. Mendenhall Street Zone Map Amendment,
be approved as requested by the applicant; and
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Ordinance 2037, 2504 PV Mendenhall Sheet Zone Map Amendment
WHEREAS, after proper notice, the City Commission held its public hearing on January
13, 2020, 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:
Lot 1, Simkins Subdivision, located in the NE '/4 of Section 11, Township 2
South,Range 5 East, P.M.M., Gallatin County, Montana, being 0.388 acres; and
The adjacent right of way for N. 251h Avenue from the southern boundary of Lot
1, Simkins Subdivision to the northern edge of W. Mendenhall Street right of way
and the right of way of W. Mendenhall Street from the western boundary of Lot 1,
Simkins Subdivision to the current City boundary,being 0.59 acres.
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.
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Ordinance 2037,2504 W.Mendenhall Street Zone Map Amendment
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.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 13th day of January, 2020.
Page 3 of 4
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Ordinance 2037,2504 W Mendenhall Street Zone Map Amendment
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S MERL
Mayor
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ATTEST: ,; ,k O•• ■ a*MUM 2#0
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MAAs 1883 �$Q
Interim City Clerk
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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 a7
day of —\'�vax y ,2020.
CHRIS MEHL
�C .• '•'�?�� Mayor
ATTEST: �;-� •
t�•• 1883 .•'e�
DTI • • . ON,
MIKE MAA <,
Interim City Clerk
AP F ED AS O FORM:
GRE ULLIVAN
City Attorney
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