HomeMy WebLinkAbout20- Ordinance 2052 Blackwood Groves Zone Map AmendmentPage 1 of 5
ORDINANCE NO. 2052
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 120.9877 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE
DISTRICT, BLACKWOOD GROVES ZONE MAP AMENDMENT, APPLICATION
20020.
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 REMU (Residential Emphasis Mixed
Use) for approximately 120.99 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on June 4, 2020 to receive and review all written and oral testimony on the request for a zone map
amendment; and
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Ordinance 2052, Blackwood Groves Zone Map Amendment
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WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 20020 the Blackwood Groves Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on June 15,
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
REMU, Residential Emphasis Mixed Use:
An area of land comprised described as follows:
The S ½, SW ¼ of Section 24, and the N ½, N ½, NW ¼ of Section 25, Township 2
South, Range 5 East, P.M.M., Gallatin County, MT, except that part conveyed to the
State of Montana for highway right-of-way purposes for South 19th Avenue, State
Project S 243(1), by bargain and sale deed, recorded in Book 144 of Deeds, Page 148.
Also, a portion of the adjacent right of way of South 19th Avenue, State Project S 243 (1).
Said property is all described as follows:
Beginning at the center-south one-sixteenth corner of said Section 24; thence southerly
181°24'39", assumed azimuth from north, 1316.63 feet along the east line of the
Southwest Quarter of said Section 24; thence southerly 181°44'45" azimuth, 666.45 feet
along the east line of the Northwest Quarter of said Section 25; thence westerly
269°57'02" azimuth, 2599.67 feet along the south line of the North Half of the Northwest
Quarter of said Section 25, to the east right of way line of South 19th Avenue, State
Project S 243(1); thence continuing westerly 269°57'02" azimuth, 100.00 feet to the west
right of way line of said South 19th Avenue; thence northerly 001°09'12" azimuth,
665.32 feet along the west right of way line of said South 19th Avenue; thence easterly
090°54'40" azimuth, 50.00 feet along the south line of the Southeast Quarter of Section
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Ordinance 2052, Blackwood Groves Zone Map Amendment
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23, Township 2 South, Range 5 East to the southeast corner of said Section 23; thence
easterly 089°50’46” azimuth, 50.00 feet along the southwest corner of said Section 24;
thence northerly 000°02'23" azimuth, 1331.71 feet along the east right of way line of said
South 19th Avenue; thence easterly 090°15'00" azimuth, 1300.25 feet along the north line
of the South Half of the Southwest Quarter of said Section 24; thence easterly 090°15'03"
azimuth, 1337.87 feet along said north line to the point of beginning.
Area = 5,270,255 square feet or 120.9877 Acres or 489,615.85 square meters.
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.
Section 5
Codification.
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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 22nd day of June, 2020.
____________________________________
CHRIS MEHL Mayor ATTEST:
____________________________________ MIKE MAAS City Clerk
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Ordinance 2052, Blackwood Groves Zone Map Amendment
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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 6th day of
July, 2020.
_________________________________ CHRIS MEHL Mayor
ATTEST:
_________________________________
MIKE MAAS City Clerk APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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