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Home My WebLink About21- Ordinance 2088 Amending Zone Map from R-4 to R-5 Gran Cielo Subdivision Ph 2, App. 21095 ORDINANCE 2088 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP ON 8.552 ACRES FROM R-4, HIGH DENSITY RESIDENTIAL DISTRICT, TO R-5, RESIDENTIAL MIXED USE HIGH DENSITY DISTRICT, GRAN CIELO SUBDIVISION PHASE 2 ZONE MAP AMENDMENT, APPLICATION 21095. 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, after proper notice, the Bozeman Zoning Commission held a public hearing on July 26, 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. 21095 the Gran Cielo Subdivision Phase 2 Zone Map Amendment, be approved as requested by the applicant; and DocuSign Envelope ID: 50F16C5C-969D-418F-A89C-F2E99F77C769 Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on August 3, 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, 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-5 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: 50F16C5C-969D-418F-A89C-F2E99F77C769 Page 3 of 5 staff findings as part of their decision, the required criteria for approval of Application No. 21095, the Gran Cielo Subdivision Phase 2 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-5, Residential Mixed Use High Density District: The property is described as: All those portions of Tract 1 and Tract 3 of Certificate of Survey No. 2725, located in the Northwest One-Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows; Beginning at the southwest corner of said Tract 3, a 2" Allen aluminum cap; thence N 01°22'34" E a distance of 640.81' to a calculated point; thence S 89°24'55" E a distance of 670.36' to a calculated point; thence S 01°27'30" W a distance of 62.26' to an Alpine aluminum cap; thence 99.39' along a curve concave to the west, having a radius of 300.00', a chord bearing of S 10°56'57" W and a chord length of 98.93', to an Alpine aluminum cap; thence 74.00' along a curve concave to the west, having a radius of 300.00', a chord bearing of S 27°30'22" W and a chord length of 73.81', to an Alpine aluminum cap; thence S 34°34'21" W a distance of 101.25' to an Alpine aluminum cap; thence 173.39' along a curve concave to the east, having a radius of 300.00', a chord bearing of S 18°00'55" W and a chord length of 170.98', to an Alpine aluminum cap; thence S 01°27'30" W a distance of 169.67' to an Alpine aluminum cap; thence N 89°15'48" W a distance of 516.65' to the point of beginning; containing 8.552 acres, more or less. All as depicted on the Gran Cielo Subdivision Phase 2 Zone Map Amendment map, Exhibit A to this ordinance. 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 of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. DocuSign Envelope ID: 50F16C5C-969D-418F-A89C-F2E99F77C769 Page 4 of 5 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 19th day of October 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor DocuSign Envelope ID: 50F16C5C-969D-418F-A89C-F2E99F77C769 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 9th of November, 2021. The effective date of this ordinance is December 10, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 50F16C5C-969D-418F-A89C-F2E99F77C769 Assistant City AttorneyBy: