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Home My WebLink About22- Ordinance 2096 Riverside ZMAOrd 2096 Page 1 of 7 ORDINANCE 2096 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 13.113 ACRES AS R-1, RESIDENTIAL LOW DENSITY DISTRICT, 28.176 ACRES AS R-2 RESIDENTIAL MODERATE DENSITY DISTRICT, AND 11.746 ACRES AS R-4 RESIDENTIAL HIGH DENSITY DISTRICT, THE RIVERSIDE ZONE MAP AMENDMENT, APPLICATION 21426 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 Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; and WHEREAS, Division 38.260 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in its capacity as the Zoning Commission held a public hearing on January 24, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Community Development Board in its capacity as Zoning Commission recommended to the Bozeman City Commission that application No. 21426 the Riverside Zone Map Amendment, be approved as requested by the applicant; and DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2096, Riverside Zone Map Amendment Page 2 of 7 WHEREAS, after proper notice, the City Commission held its public hearing on February 8, 2022, 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 is 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. A Zoning Commission has been established as required in state law and it conducted the required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-1, R- 2, and R-4 districts. The recommendation of the Zoning Commission was provided to the DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2096, Riverside Zone Map Amendment Page 3 of 7 City Commission prior to the City Commission public hearing. 7. The City Commission conducted a public hearing on February 8, 2022 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 staff findings as part of their decision, the required criteria for approval of Application No. 21426 the Riverside Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-1, Residential Low Density District: The property is 13.113 acres described as: Those portions of Sections 23, and 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in Gallatin County, Montana, more particularly described as follows: Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030, as shown on Document No. 2698796; And the tract of land dedicated parkland and access from the Park to Gallatin Dr. as shown on Certificate of Survey No. 674, film 48, page 2014. All as depicted on the Riverside Zone Map Amendment Map. Section 3 That the zoning district designation of the following-described property is hereby established as R-2, Residential Moderate Density District: The property is 28.176 acres described as: Those portions of Sections 23, 25, and 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in Gallatin County, Montana, more particularly described as follows: Lots 1 through 9, inclusive, of Block 1 of Riverside Manor Subdivision; the Park in between Block 1 and Riverside Drive of Riverside Manor Subdivision; Lots 1 through 50, inclusive, of Block 2 of Riverside Manor Subdivision; the platted rights of way for Riverside Drive and Park DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2096, Riverside Zone Map Amendment Page 4 of 7 Plaza Road of Riverside Manor Subdivision; remaining platted access tracts and access gaps as shown on the Riverside Manor Subdivision plat G-36. All as depicted on the Riverside Zone Map Amendment Map. Section 4 That the zoning district designation of the following-described property is hereby established as R-4, Residential High Density District: The property is 11.746 acres described as: Those portions of Sections 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in Gallatin County, Montana, more particularly described as follows: Lots 101A, 101B, 101C, and 101D of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-A; Lots 102 A-1, 102 B-1, 102 C-1, and 102 D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-K; Lot 4 of Block 4 of Riverside Manor Subdivision as shown on plat G-36; Lots 105A-1, 105B-1, and 105C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-E; Lots 105E-1 and 105F-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-M; Lots 107A-1, 107B-1, and 107C-1, of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-L; Lots 109A, 109B, 109C, and 109D, of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57; Lots 1 through 4, inclusive, of the Amended Plat of a Portion of Block 4 of Riverside Manor Subdivision as shown on plat G- 36-C; Lots 112 A-1, 112 B-1, and 112C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-G; Lot 112D-1A of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-I; Lots 113A-1, 113B-1, 113C-1, and 113D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-F; Lots 114A-1, 114B-1, and 114C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-H; Lots 116A-1, 116B-1, and 116C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-N; Lots 1A and 1B of the Riverside Manor Subdivision Plat Amendment as shown on plat No. G- 36-B; DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2096, Riverside Zone Map Amendment Page 5 of 7 Lots 2A-1, 2B-1, and 2C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-D; Lots 3A-2, 3B-1, and 3C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-P; Lots 5A-1, 5B-1, 5C-1, and 5D-1; together with the access area added to the existing access tract, all on the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-O; Lots 7A-1, 7B-1, 7C-1, and 7D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-C; Lots 8A-1, 8B-1, 8C-1, and 8D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-J; Lots 10A, 10B, 10C, and 10D of the Amended Subdivision Plat of Riverside Manor as shown on plat G-36-D; Lots 11A, 11B, 11C, and 11D of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57; And the platted rights of way for Gallatin Drive of Riverside Manor Subdivision and remaining platted access tracts and access gaps as shown on the Riverside Manor Subdivision plat G-36. All as depicted on the Riverside Zone Map Amendment Map. Section 5 That the zoning district designation of the right of way within the Riverside Annexation, Resolution 5355, is hereby established: All that right of way not otherwise included in Sections 2-4 shall be zoned in accordance with the guidelines for zoning boundaries in Section 38.300.050, BMC which directs extension of the area of adjacent zoning districts to the centerline of Springhill Road. Section 6 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 7 DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2096, Riverside Zone Map Amendment Page 6 of 7 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 8 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 9 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 10 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 8th day of February, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2096, Riverside Zone Map Amendment Page 7 of 7 ____________________________________ 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 ____________________, 2022. The effective date of this ordinance is 30 days after final adoption of this Ordinance or the effective date of Resolution 5355 whichever is later. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 June 7