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Home My WebLink About21- Ordinance 2067 Norton Ranch 2020 Zone Map Amendment, Application 20288Page 1 of 6 ORDINANCE 2067 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE 10.6154 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED-USE, 8.18998 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY, AND 71.6945 ACRES AS B-2M, COMMUNITY BUSINESS DISTRICT- MIXED, NORTON RANCH 2020 ZONE MAP AMENDMENT, APPLICATION 20288 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 amend the map to change from a mix of R-3, R-O, and BP to classifications of 10.6154 acres as REMU, Residential Emphasis Mixed-use, 8.18998 acres as R- 5, Residential Mixed Use High Density, and 71.6945 acres as B-2M, Community Business District- Mixed has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on December 14, 2020 to receive and review all written and oral testimony on the request for a zone map amendment; and DocuSign Envelope ID: D4D6B934-02A8-4981-9FA9-2279575AE281 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 2 of 6 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20288, the Norton Ranch 2020 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on January 5, 2021, 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: Lot 2 and Lot 3, Block 13, Lot 1 and Lot 2, Block 14, and the Park in Block 15, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], and the portions of adjacent Fallon Street, Pond Lily Drive, and Water Lily Drive, all described as follows: Commencing at the Southwest Corner of Lot 2, Block 13, NORTON EAST RANCH SUBDIVISION, PHASE 4; thence northerly 000°25’50”, assumed azimuth from north, 230.00 feet along the west line of said Lot 2 and its northerly extension, to the centerline of said Fallon Street; thence easterly 090°25’50” azimuth, 1,076.73 feet along the centerline of said Fallon Street to the northerly extension of the eastern Park line in Block 15 in the southeast corner of said Park; thence southerly 182°08’35” azimuth, 230.10 feet along the eastern line of the Park in Block 15 to the southeast corner of said Park; thence westerly 270°25’50” azimuth, 1,069.86 feet along the north line of Lot R4, said NORTON EAST RANCH SUBDIVISION, PHASE 4, to the point of beginning. Area = 246,858 sq ft, 5.6671 Ac. or 22,933.8 sq. meters All as depicted on the NORTON RANCH 2020 Zone Map. DocuSign Envelope ID: D4D6B934-02A8-4981-9FA9-2279575AE281 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 3 of 6 Section 2 That the zoning district designation of the following-described property is hereby designated as REMU, Residential Emphasis Mixed-use: That part of Lot R4 and Lot R2A, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J- 668], which includes the south 30 feet of the public street easement for Fallon Street according to Document No. 2269582, all described as follows: Beginning at the Southwest Corner of said Lot R2A, being the Southwest 1/16 Corner of Section 9, T. 2S, R. 5E; thence northerly 002°22’18”, assumed azimuth from north, 30.02 feet along the west line of said Lot R2A to the centerline of said public street easement for Fallon Street; thence easterly 090°25’50” azimuth 930.10 feet along said centerline of Fallon Street; thence southerly 178°51’32” azimuth, 230.09 feet; thence westerly 270°25’50” azimuth, 944.21 feet to the west line of said Lot R4; thence northerly 002°22’18” azimuth, 200.11 feet along said west line to the point of beginning. Area = 215,546 sq ft, 4.9483 Ac. or 20,024.9 sq. meters Section 3 That the zoning district designation of the following-described property is hereby designated as R-5, Residential Mixed Use High Density: That part of Lot R2A, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], which includes the north 30 feet of the public street easement for Fallon Street according to Document No. 2269582, and the west half of the adjacent right of way for Laurel Parkway, all described as follows: Commencing at the Southwest Corner of said Lot R2A, and being the Southwest 1/16 Corner of Section 9, T. 2S, R. 5E; thence northerly 002°22’18”, assumed azimuth from north, 30.02 feet along the west line of said Lot R2A to the point of beginning; thence continuing northerly 002°22’18”, 290.14 feet along said west line to the northwest corner of said Lot R2A; thence easterly 090°25’50” azimuth, 1221.96 feet along the north line of said Lot R2A and its easterly extension to the centerline of Laurel Parkway; thence southerly 178°29’58” azimuth, 290.14 feet along said centerline to the centerline intersection of said public street easement for Fallon Street; thence westerly 270°25’50” azimuth, 1241.56 feet along said centerline to the point of beginning. Area = 357,182 sq ft, 8.1998 Ac. or 33,183.3 sq. meters DocuSign Envelope ID: D4D6B934-02A8-4981-9FA9-2279575AE281 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 4 of 6 Section 4 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Business District - Mixed: That part of Lot R4, Lot R2A, and Common Open Space D3, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], and the portions of adjacent Huffine Lane, Laurel Parkway and Fallon Street, which also includes the public street easement for Laurel Parkway according to Document No. 2269586 and the public street easement for Fallon Street according to Document No. 2269582, all described as follows: Beginning at the Southwest Corner of Lot R4, NORTON EAST RANCH SUBDIVISION, PHASE 4; thence northerly 002°22’18”, assumed azimuth from north, 1,044.45 feet along the west line of said Lot R4; thence easterly 090°25’50” azimuth, 944.21 feet; thence northerly 358°51’32” azimuth, 230.09 feet to the centerline of the public street easement for Fallon Street according to Document No. 2269582; thence easterly 090°25’50” azimuth, 695.72 feet along said centerline of Fallon Street as dedicated on said NORTON EAST RANCH SUBDIVISION, PHASE 4; thence southerly 180°25’50” azimuth, 230.00 feet along the east line of Common Open Space D3 and its northerly extension to the north line of said Lot R4; thence easterly 090°25’50” azimuth, 1069.86 feet along said north line to the northeast corner of said Lot R4; thence southerly 182°08’35” azimuth, 1,094.90 feet along the east line of said Lot 4 and its southerly extension to the centerline of Huffine Lane; thence westerly 270°43’27” azimuth, 477.54 feet along said centerline; thence westerly 270°28’25” azimuth, 1,248.41 feet along said centerline; thence westerly 397.75 feet on a tangential a curve concave to the south, radius 11,459.16 feet and central angle 1°59’19” along said centerline; thence westerly 268°29’06” azimuth, 294.37 feet, tangent to said curve, along said centerline; thence westerly 290.76 feet on a tangential a curve concave to the north, radius 11,459.16 feet and central angle 1°27’14” along said centerline to the southerly extension of the west line of said Lot R4; thence northerly 002°22’18” azimuth, 70.07 feet along said southerly extension to the southwest corner of said Lot R4 and being the point of beginning. Area = 3,123,011 sq ft or 71.6945 Ac. or 290,134.8 sq. meters Section 5 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. DocuSign Envelope ID: D4D6B934-02A8-4981-9FA9-2279575AE281 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 5 of 6 Section 6 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 7 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 8 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 9 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 2nd day of February, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk DocuSign Envelope ID: D4D6B934-02A8-4981-9FA9-2279575AE281 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 6 of 6 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 23rd day of February, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: D4D6B934-02A8-4981-9FA9-2279575AE281