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Home My WebLink About21- Affidavit - 02-22-21 Ntc of Public Hearing Floodplain Amendment AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC www.bozeman.net/govern- HEARINGS CONSIDER menUen gin eering/floodplain. STATE OF MONTANA, ATEXT AMENDMENT TO COUNTY OF GALLATIN AMENDTHE BOZEMAN The State of Montana Depart- MUNICIPAL CODE ment of Natural Resources INCLUDING DIVISION and Conservation and the US I, Ariri Harms, Legal Specialist being first dulySWOTn, de- 38.600.—FLOODPLAIN Federal Emergency Manage- g l� g REGULATIONS,DIVISION ment Agency oversee flood pose and say that I am the principal clerk of the publisher 38.220.—APPLICATIONS management and set certain h y P h P AND NOTICING,SECTION minimum standards for flood of the Bozeman Dail Chronicle, a news a er in eneral 38.230.030.—SPECIAL management. A new flood �' P p g DEVELOPMENT study for Bozeman Creek has circulation, Bozeman, Gallatin Count , Montana; that I PROPOSALS— been completed. The City is }' ADDITIONAL APPLICATION obligated to update its regu- ersonal knowledge that the Legal# 106095 REQUIREMENTS,SEC- lations for flood management. know from my p g g TION 38.410.100.-WATER- COURSE OF PUBLIC HEARINGS TO CONSIDE C CHAPTER 6ACK, This notice includes: ENVIRONMENT AND 1. Repeal and replacement a printed copy of which is hereto annexed,was published in HEALTH ARTICLE 2 of the entire Division 38.600 NUISANCES,AND DIVISION - Floodplain Regulations of the entire issue Of said newspaper for: 2 38.700.-TERMS the municipal code with new INTERPRETATION TO standards and procedures to REVISE CITY FLOODPLAIN meet minimum state and fed- REGULATIONS,TO DELETE eral requirements. The stan- SECTION 42.02.010— dards and procedures restrict Insertion(s) in the following issues: 02/07/21, 02/21/21 CHANNELTO BE KEPT certain construction and land FREE FROM OBSTRUC- alterations, require issuance TIONS,AND SECTION of permits for construction and 42.02.020—NARROWING, land alterations, and set nec- TURNING OR OBSTRUCT essary administrative proce- ING CHANNEL PROHIBIT dures integrated with the City's ED;EXCEPTION. subdivision and zoning devel- opment review procedures. Total Cost: $220.00 The City of Bozeman provides 2. Revise 38.220.180 to notice of a proposal to amend change references to flood its municipal code including regulations in required the land use regulations, the materials to be submit- Unified Development Code ted for land development. (UDC), Chapter 38 BMC. 3. Revise 38.230.030 to up- These amendments apply date cross references to throughout the entire City. flood regulations for review The proposed text amend- of land development appli- ments are described below. cations related to zoning. 4. Revise 38.410.100 — Wa- The Bozeman City Commis- tercourse Setback to change sion will conduct a public hear- references to flood stan- ing on the proposal Tuesday, dards to match the new M Zvi February 23, 2021, at 6:00 flood regulation language. Subscribed and sworn by Ann Harms before me on: pm via WebEx and broadcast 5. Revise, add, or remove on channel 190,as well as live multiple definitions in Di- On 22nd day of February, in the year of 2021 streamed on the City of Boz- vision 38.700 relating to eman's website, https://www. flood related regulations. bozeman.net/government/ 6. Revise the City's regula- city-commission/city-commis- tions for Environment and sion-video. Instructions for Health, specifically Article joining the WebEx meeting 16.02— Nuisance,to add vio- will be included on the meet- lations of the flood standards ing agenda which is published and procedures to the list of on the City'swebsite at least public nuisances and integrate 48 hourssprior to the meeting. flood regulations with sum- The agenda is available in the mary abatement procedures. Meetings and Events portion 7. Repeal the entire Section Notary Public for th State of Montana Residing at of the City's website at htt s: 42.02.020 which restricts Bel rade MOritana www.bozeman.net/home. obstructing the channel of g Bozeman Creek, as the The purpose of the pub- section is redundant to the lic hearings is to consid- provisions of the proposed Pr _tho application as re- new text of Division 38.600. _`— 1 by the applicant, 8. Repeal the entire Section >man, PO Box 42.02.020 which restricts alter- W O Z Z Z Z z0 , M O ? c m�o d 2t,2-0 3 -�,ian MT 59771. ations to or obstruction of the H z O Z O J W Q V a a w nU c o channel of Bozeman Creek, �vsz�Woarno`a away ZN� oa�oWZ o �;�m mZtuNpCOa>awwZ vN3a QJ>WZ00GYIr ¢ Z ao c o, m� o Bozeman ad- as the section is redundant to M O >Q p a)(,W to J 0) m Q _ itions for flood the provisions of the proposed aL)23ra O V N2 Jam f- ZVQ=OOONWM Cn O c' 0 a M � 0 v' to protect the new text of Division 38.600. LL0ZW<0 ZMZz ' oNaw_�WjWg.q<Fww,4.1. w m o 0 rna� w- t5 vi, safety, and =—zu.0 OJ0JM -W - W z ~�110� i U N ae;v22-a 0 0 tse regulations This application is evaluated Wmat- 0— i �¢voWaaW�rnaO=vic¢ OZJO x OR CO 0- °' Ca o-ct O (p c� ment in some against the municipal zoning OOCxW�Jp=N.ZNLUaO��=U>aZ"tW WQOZLL�G =p o` -El moo �a� d require pro- criteria of state law,P76 2 30 =¢��Mzad0�'!Qcd t=Wzv z=Q��tnmwawpwzUw y o c o = ° �° o?Pment to meet Montana Code Annotated, W a Q -�,�W Z Cd Q W_O W N Z>O(*= H N O U E ro m U m a� m•ards when con- which are contained in Section =tea a ~ Z pWCpW� V LL d Fz L al w� C�LLL r.lations d Tinclude code. Approval he ad- 4fohecontlnclent F cam 4:0_~"~ E ~res to adminis- approva ay be granted if _pted standards. the City Commission deter- mines all criteria are met. Information on the City's flood management pro- The public may comment AD#71943 gram is available at https:H Ond�nance 2f05_I AD#71943 orally at the public hearings eman.net. Please reference or in writing at or prior to the Ordinance 2057, File 20136 public hearings regarding in all correspondence. compliance of this applica- tion with the required criteria. For those who require ac- Comments should identify the commodations for disabil- specific criteria of concern ities, please contact Mike along with facts in support of Gray, City of Bozeman ADA the comment. During the no- Coordinator, 582-3232 tice period the City will con- (voice), 582-3203 (TDD). tinue review for compliance with applicable regulations. At the City Commission's public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to an- other date. The City Com- mission may revise any of the proposed actions re- ferred in this notice during the public hearing process. The City will accept written protests from property own- ers against the proposal re- ferred to in this notice until the close of the public hear- ing before the City Commis- sion. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal.The protest must be in writing and must be signed by all owners of the real property. In addi- tion, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged(in- cluding the Ordinance number 2057 and the application num- ber, 20136); and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to pro- test the action against which the protest is lodged,including ownership of property affected by the action.Signers are en- couraged to print their names after their signatures.A person may in writing withdraw a pre- viously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Boze- man City Clerk, 121 North Rouse Ave., PO Box 1230. Bozeman, MT 59771-1230. The complete text of the pro- posal is available through the Department Communi- ty Development, 20 E Olive Street, Bozeman MT 59715; 406-582-2260. The proposal may be revised as the pub- lic review process proceeds. The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to Chris Saunders at the City of Bozeman, De- partment of Community De- velopment, P.O. Box 1230, Bozeman, MT 59771-1230 or emailed to csaunders@boze- man.net.Comments may also be emailed to agenda@boz-