HomeMy WebLinkAbout22- Affidavit of Publication - Notice of Public Hearing to Consider a Text Amendment to Revise Chapter 38 of the UDC AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC quested by the applicant,City
HEARINGS of Bozeman, PO Box 1230,
STATE OF MONTANA, Bozeman MT 5MI. The
TO COUNTY OF GALLATIN AMENDMENT TO AREVIIS amendments will:
CHAPTER 38, UNIFIED DE- 1. Repeal Division 38.430,
I,Margo Haft,Legal Specialist being first duly sworn,de- VELOPMENT CODE, OF Planned Unit Development
g g p g y THE BOZEMAN MUNICI- in its entirety. A planned unit
pro-
pose and say that I am theprincipal clerk of the publisher PAL CODE TO REPEAL DI- development is a review pro-
p Y P VISION 38.430 PLANNED cess than allows an applicant
of the Bozeman Dail Chronicle a newspaper in general UNIT DEVELOPMENT AND to propose different land de-
ofg CREATE A NEW DIVISION velopment standards in ex
circulation, Bozeman, Gallatin County,Montana; that I 38.430 PLANNED DEVEL- change for public benefits.The
OPMENT ZONES; CREATE scope and type of public ben-
ersonal knowledge that the Legal# 109866 A NEW DIVISION 3UNIT efds is inducted in to code.
know from my p g g LEGACY PLANNED UNIT Planned unit developments
NOTICE OF PUBLIC HEARINGS TO CONSIDE LLATED AMENDMENTS AND To zoning districts.
are allowed in all
MULTIPLE SECTIONS OF
a printed copy of which is hereto annexed,was published in THE BOZEMAN MUNICIPAL 2. Remove references to
CODE INCLUDING Planned Unit Developments
the entire issue of said newspaper for:4 2.05.3000,38-200.100, throughout Chapter 38, Uni-
38.200.010,38.220.120, fied Development Code,
38.220.420,38.230.030, amending 24 individual sec-
38.250.050,38.250.070, tions of the municipal code.
38.250.070,38.250.080, Each section is included in the
Insertion(s) in the following issues: 06/12/22, 06/19/22, 38.270.030,38.300.020, new ordinance that applies
07/03/22,07/10/22 38.310.030.B,TABLE these amendments.
38.310.040.E,38.350.030.D, 3. Create a new Division
38.350.050.D,TABLE 38.430,Planned Development
38.370.030,38.400.020, Zones (PDZ).A PDZ is a cre-
38.550.050.M,38.560.060.B, ation of a new custom zoning
38.700.050 D DEFINITIONS, district and associated land
tha
Total Cost: $480.00 AND 38 00.150 P DEF NI- apply onlynto that one site•
TIONS A PDZ is reviewed as a text
and zone map amendment
The City of Bozeman provides according to standard review
notice of a proposal to amend procedures in Division 38.260
its land use and development of the municipal code.A final-
regulations,the Unified Devel- ized PDZ will be shown on the
opment Code(UDC),Chapter zoning map.Additional review
38 BMC. The proposed text processes are also required
amendments are described in Division 38.430 including
below. provision of public benefits in-
cluding options for affordable
On Monday, June 27, 2022 housing, protection of historic
at 6:00 p.m., the Community structures,sustainable design,
Subscribed and rn b M Haft before me on: Development Board acting in and large development.Bene-
yar go their capacity as the Zoning fits may be of just one type or
On 1 lth day of July, in the year of 2022 Commission will conduct a a combination of the options.
public hearing on an amend- A PDZ may propose different
ment to municipal code in the combinations of uses as well
Commission Room at City as numeric standards.A PDZ
Hall, 121 N. Rouse Ave. Boz- must also include a general
eman MT. Members of the development plan presenting
public will also be able to par- the general layout and nature
;i ticipate remotely via WebEx. of development within the
Instructions for joining the We- area.PDZs are integrated into
bEx meeting will be included multiple sections throughout
on the meeting agenda which the code in place of planned
is published on the City's web- unit developments.
Notary Public for the State of Montana Residing at site at least 48 hours prior to
Bozeman,Monta / the meeting. The agenda is 4. Create a new Division
available at httosJ/www.boze- 38.440, Legacy Planned Unit
man.net/meetinos. Developments, establishing
standards for how existing
On Tuesday, July 12, 2022 developments that were ap-
at 6:00 p.m., The City Com- proved under the old planned
`_` ; mission will conduct a public unit development standards
x w w U._s hearingon an amendment can be amended or removed
LL1 Q —GWZ00W►w-'d~ U. J
V > z z a—>a v z i O R �' 8 ana to the municipal code. in the from a planned unit devel
Luo Z ua Commission Room at City opment. No existing PUD is
m 9r w w 2 w a F'>C ir CO O O t. Hall, 121 N. Rouse Ave. Boz- changed or repealed by this
ern Q iiG a JZ0 U ZZZ p0000-0 *� ,_,'a
a 0 020 ru a w w w O O p N co N co N G eman MT. Members of the amendment.
' 0_00eeiu' c"c '.- public will also be able to ar-
LL? ¢i.-OVz¢ ix�wtn z _fit-�Cf 00000- M c. P P
O m c p M O w z z e w z?c N M w un o m ticipate remotely via WebEx. 5.Repeal and replace Section
w¢ Z M F-w F-er Q z z >J z z o N N N N N w - Instructions for joining the We- 38.220.120 specifying submit-
V= Z w tr W N W M>Q J N G a N J M M m m m m ° bEx meeting will be included tal requirements for Planned
O~ O o w g m o w a� a Q w N V 00 0 0 0 o c on the meeting agenda which Development Zones and as-
Z v Z a O U rior to
_Q O It- w w -Joe:0 Z o0 o v e N c a is published on the City's web- sociated documents.
2=w=Q N Z co a W W~ w C uO N N N N N C the meetingst.The ag8 hours enda is 6.Revise Section 38.400.020,
~a V>~° >>V M O Q-r a� FZ-O c4 M m M"M available at hitps://www.boze Street and road dedication,to
man.net/meetinos. change how privately main-
= tained streets are reviewed,
The purpose of the public approved,and maintained.Ad-
AD#246668 hearings is to consider the ditional administrative flexibili-
proposed amendments as re- ty is provided for approval and
AD#246668
additional data is required to Commission. Protests must
show how the street will work be delivered to the Bozeman
and be maintained. City Clerk,121 North Rouse
Ave.. PO Box 1230, Boze-
7. Revise Section 38.200.010, man,MT 59771-1230.
Review authority, to reflect
changes creating Planned De- The complete text of the pro-
velopment Zones and Legacy posal is available through the
Planned Unit Developments, Department of Communi-
assign duties to revised ad- ty Development, 20 E Olive
ministrative departments. Street, Bozeman MT 59715;
406-582-2260, and online at
8. Amend definitions in Divi- hftps://www.bozeman.net/de-
sion 38.700 to conform to the partments/economic-dev
proposed amendments. elopment/community-housing/
bozeman-code-audit-to-c r
This application is evaluated eate-and-preserve-housing.
against the requirements and The proposal may be re-
purposes of zoning set in state vised as the public review
law in Title 76 Chapter 2,Sec- process proceeds.
tion 304,Montana Code Anno-
tated. Approval or contingent The City invites the public to
approval may be granted if the comment in writing and to at-
City Commission determines tend the public hearings.Writ-
all applicable criteria are met. ten comments may be direct-
ed to Chris Saunders at the
The public may comment oral- City of Bozeman, Department
ly at the public hearings or in of Community Development,
writing at or prior to the public PO Box 1230, Bozeman, MT
hearings regarding compli- 59771-1230. Comments may
ance of this application with also be emailed to agenda@
the required criteria. Com- bozeman.net. Please refer-
ments should identify the spe- ence Ordinance 2104 in all
cific criteria of concern along correspondence.
with facts in support of the
comment. During the notice For those who require ac-
period the City will continue commodations for disabilities,
review for compliance with ap- please contact Mike Gray,City
plicable regulations. of Bozeman ADA Coordinator,
582-3232 (voice), 582-3203
At the City Commission's (TDD).
public hearing the City
Commission may act to ap-
prove, modify, or reject the
proposal or continue the
public hearing to another
date.The City Commission
may revise any of the pro-
posed actions referred in
this notice during the public
hearing process.
The City will accept written
protests from property own-
ers against the zoning pro-
visions of 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
(including the Ordinance num-
ber 2104); 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