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Home My WebLink About23- Ordinances 2138 - Ordinance Title UnknownOrd 2138 Page 1 of 5 ORDINANCE 2138 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE LAND FROM R-4, RESIDENTIAL HIGH DENSITY, TO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, ON 0.4828 ACRES, KNOWN AS THE NORTH 8TH ZONE MAP AMENDMENT, APPLICATION 22366. 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 2 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 rezone an existing parcel from R-4 (Residential High Density) to R-5 (Residential Mixed-Use High Density District) for approximately 0.4828 acres has been properly submitted, reviewed, and advertised; and DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 8th ZMA Page 2 of 5 WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 6, 2023 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. 22366 the North 8th Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, the City Commission held its public hearing on April 4, 2023, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, an error was discovered regarding the notice required by Bozeman Municipal Code section 38.220.420, requiring a correct public notice and another public hearing for the Ordinance; and WHEREAS, after proper notice, the City Commission held a public hearing for provisional adoption of Ordinance No. 2138 at its public hearing on June 6, 2023, 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-5, Residential Mixed-Use High Density District: An area of land comprised described as follows: Lots 1, 2, 3, 4, 5 and 6, Block 7, SPRINGBROOK ADDITION TO BOZEMAN, [Plat B- 24], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 12, Township 2 South, Range 5 East of P.M.M., together with portions of the adjacent North DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 8th ZMA Page 3 of 5 8th Avenue right of way, West Lamme Street right of way and Alley right of way, all described as follows: Beginning at the southeast corner of Lot 6 of said Block 7; thence westerly 272°33'11", assumed azimuth from north, 150.18 feet along the south line of said Lot 6 and its westerly extension to the centerline of the alley in said Block 7; thence northerly 002°35'37" azimuth 180.00 feet along said centerline to the centerline of Lamme St; thence easterly 092°40'15" azimuth 180.23 feet along last said centerline to the centerline of 8th Avenue; thence southerly 182°35'48" azimuth 180.00 feet along last said centerline to the easterly extension of the south line of said Lot 6; thence westerly 272°33'11" azimuth 30.00 feet along the last said extension to the point of beginning. Area of Lots equals 21,031 square feet, 0.4828 acre or 1,953.8 square meters Area of Alley equals 1,500 square feet, 0.0344 acre or 139.4 square meters Area of 8th Avenue and Lamme Street ROW = 10,207 square feet, 0.2343 acre or 948.3 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. DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 8th ZMA Page 4 of 5 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. DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 8th ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 11th day of July, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 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 ____ of ________________, 2023. The effective date of this ordinance is _____________, ____, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 July 11th August 10 DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423