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HomeMy WebLinkAbout21- Ordinance 2069 Buffalo Run Zone Map Amendment, Application 21076Page 1 of 5 ORDINANCE 2069 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLISH INITIAL MUNICIPAL ZONING OF R-4, RESIDENTIAL HIGH DENSITY DISTRICT, BUFFALO RUN ZONE MAP AMENDMENT, APPLICATION 21076. 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, Part 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 establish an initial municipal zoning in association with annexation of 20.7 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on March 22, 2021 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. 21076, the Buffalo Run Zone Map Amendment, be approved as requested by the applicant; and DocuSign Envelope ID: AC388AA5-6796-4AC5-A236-656B7D50E819 Ordinance 2069, Buffalo Run Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on April 20, 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 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-4 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the DocuSign Envelope ID: AC388AA5-6796-4AC5-A236-656B7D50E819 Ordinance 2069, Buffalo Run Zone Map Amendment Page 3 of 5 staff findings as part of their decision, the required criteria for approval of the Buffalo Run Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-4, Residential High Density District: The property is described as: A description of land being the N ½ SW ¼ SW ¼ of Section 23, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Southwest 1/16th corner of Section 23, Township 2 South, Range 5 East, Principal Meridian, also being the Northwest Corner of Meadow Creek Subdivision Phase 1, Plat J-453, the Point of Beginning; thence S0°01'33”W along the western boundary of Meadow Creek Subdivision Phase 1, Plat J-453, a distance of 665.57' to a found aluminum cap monument, being the Northeast corner of Deed 146 Film 3341; thence S89°52'06”W along the north line of Deed 146 Film 3341 through a 30 foot witness corner, aluminum cap monument a distance of 1330.04' to the West section line of Section 23, Township 2 South, Range 5 East, Principal Meridian, being the Northwest Corner of Deed 146 Film 3341; thence S89°52'06”W a distance of 30.00' to the West Right-of-Way line of the Fowler Lane County Road Easement; thence N0°05'46”W along said County Road Easement Right-of-Way a distance of 665.51'; thence N89°51'57”E a distance of 30.00' to the S 1/16th corner of Section 23 Township 2 South, Range 5 East, Principal Meridian, being the Southwest corner of COS 2074, DOC # 375838; thence N89°51'57”E along the south line of COS 2074, DOC # 375838, through a 30 foot witness corner, aluminum cap monument a distance of 1331.45' to the Point of Beginning. Area = 20.7 Acres. All as depicted on the BUFFALO RUN Zone Map Amendment Map. Section 3 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 DocuSign Envelope ID: AC388AA5-6796-4AC5-A236-656B7D50E819 Ordinance 2069, Buffalo Run Zone Map Amendment Page 4 of 5 of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 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 7 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 20th day of April, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor DocuSign Envelope ID: AC388AA5-6796-4AC5-A236-656B7D50E819 Ordinance 2069, Buffalo Run Zone Map Amendment Page 5 of 5 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 4th of May, 2021. The effective date of this ordinance is June 3, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: AC388AA5-6796-4AC5-A236-656B7D50E819 N89°51'57"E 1331.45' S89°52'06"W 1330.04'S0°01'33"W 665.57'S89°52'06"W 30.00' N89°51'57"E 30.00'N0°05'46"W 665.51'S0°05'46"E 665.51'BRAWNE R D I A N E L . R E V TRUST D A T E D 0 7 / 2 3 / 1 4 C.O.S. 207 4 MEADOW C R E E K PARTNER S L L C MEADOW C R E E K SUBDIVIS I O N P H A S E 1 NEESE U R S U L A N12 S12 SW14 SW14 SECTION 2 3 T 2 S R 5 E KOUNTZ D A Y L E H . MARITAL T R U S T S12 SE14 SECTIO N 2 2 T2S R5E BRAWNE R D I A N E L . R E V TRUST DA T E D 0 7 / 2 3 / 1 4 C.O.S 186 1 N12 SW14 SW14 SECTION 23 T2S R5E GALLTIN COUNTY, MT 20.33 ACRES CHRISTE N S E N J O N C & ELIZAB E T H R S12 S12 SW14 SW14 SECTION 2 3 T 2 S R 5 E KOUNTZ D A Y L E H TRACT 1 SE14 SE14 SECTION 2 2 T 2 S R 5 E KOUNTZ D A Y L E H . MARITAL T R U S T N12 SE14 SECTIO N 2 2 T2S R5E KURK DRIVE (30' - ROW)SOUTH 30TH AVE. (60' - ROW)SOUTH 31TH AVE. (40' - ROW)FOWLER LANE (60' - ROW)DYH E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SMEAH LANE (60' - ROW) BLACKWOOD RD (45' - ROW) 150 N ½ SW ¼ SW ¼ of Section 23, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana ANNEXATION AREA SUMMARY TOTAL ANNEXATION AREA:20.79 acres (905,625.40) Sq. Ft. R-3 ZONI N G 2021 BUFFALO RUN - 5400 FOWLER LANE ZONE MAP AMENDMENT PROPOSED ZONING: R-4 ZONING:20.79 acres (905,625.40) Sq. Ft.PROPOSEDZONING: R-4©COPYRIGHT MORRISON-MAIERLE, INC.,2021 PLOTTED DATE: Feb/24/2021 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\6475\002 - Topo and Boundary Survey\ACAD\Exhibits\6475002 ZONE MAP 022421.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 11 GALLATIN 6475.002 1"=150 02/2021 MEE JW 5E 2S 23SW LEGAL DESCRIPTION POINT OF BEGINNING R-3 ZON I N G EXISTING 60 FOOT RIGHT OF WAY EASEMENT PER COUNTY ROAD BY PETITION NO. 17 EXISTING 60 FOOT RIGHT OF WAY EASEMENT PER PLAT J-453PROPOSEDZONING: R-4A description of land being the N ½ SW ¼ SW ¼ of Section 23, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Southwest 1/16th corner of Section 23, Township 2 South, Range 5 East, Principal Meridian, also being the Northwest Corner of Meadow Creek Subdivision Phase 1, Plat J-453, the Point of Beginning; thence S0°01'33”W along the western boundary of Meadow Creek Subdivision Phase 1, Plat J-453, a distance of 665.57'to a found aluminum cap monument, being the Northeast corner of Deed 146 Film 3341; thence S89°52'06”W along the north line of Deed 146 Film 3341 through a 30 foot witness corner, aluminum cap monument a distance of 1330.04' to the West section line of Section 23, Township 2 South, Range 5 East, Principal Meridian, being the Northwest Corner of Deed 146 Film 3341; thence S89°52'06”W a distance of 30.00' to the West Right-of-Way line of the Fowler Lane County Road Easement; thence N0°05'46”W along said County Road Easement Right-of-Way a distance of 665.51'; thence N89°51'57”E a distance of 30.00' to the S 1/16th corner of Section 23 Township 2 South, Range 5 East, Principal Meridian, being the Southwest corner of COS 2074, DOC # 375838; thence N89°51'57”E along the south line of COS 2074, DOC # 375838, through a 30 foot witness corner, aluminum cap monument a distance of 1331.45' to the Point of Beginning. The area of the above described parcel of land is 20.79 acres, more or less. GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLATI N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S BOZEMA N COMMU N I T Y P L A N URBAN NEIGHB O R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMUN I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHB O R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHB O R H O O D DocuSign Envelope ID: AC388AA5-6796-4AC5-A236-656B7D50E819