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Home My WebLink About22- Ordinance 2103 Final Adoption of the Rainbow Creek Zone Map AmendmentOrd 2103 Page 1 of 6 ORDINANCE 2103 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLSIH INITIAL MUNICIPAL ZONING OF R-4, RESIDENTIAL HIGH DENSITY DISTRICT, RAINBOW CREEK ZONE MAP AMENDMENT, APPLICATION 18240 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 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 18240, the Rainbow Creek Annexation Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 26, 2018, to receive and review all written and oral testimony on the request for the zone map amendment; and DocuSign Envelope ID: BD6A5C97-4902-45A3-91AE-5B3B211699F8 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 2 of 6 WHEREAS, the City Commission received protest letters exceeding the protest threshold by owners of 25% or more of the area of the lots within 150 feet from the subject parcel pursuant to 76-2-305 MCA which required a favorable vote of two-thirds of the present and voting members of the City Commission; 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 by a two-thirds majority favorable vote; and WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation; and WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. WHEREAS, following the judgment contingencies for zoning approval were completed by the applicant. 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. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 2. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2009, found that the required criteria are satisfied; 3. A new growth policy was adopted in November, 2020 and the R-4 zoning also complies DocuSign Envelope ID: BD6A5C97-4902-45A3-91AE-5B3B211699F8 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 3 of 6 with the new future land use map; 4. 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; 5. 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. 6. 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. 7. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 8. 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. 18240 Rainbow Creek Annexation 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: DocuSign Envelope ID: BD6A5C97-4902-45A3-91AE-5B3B211699F8 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 4 of 6 A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the south line of said section, which said point bears East a distance of 248.6 feet from the southwest corner of said section; thence N 01°25.9’W along the line of a metal post fence a distance 246.8 feet to a point marked by a metal fence corner post; Thence N 89°53.6’ E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along the foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in the south line of said section; Thence West along said south line a distance of 415.9 feet to the point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and 207. This tract contains 2.29 acres, more or less. 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. 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. DocuSign Envelope ID: BD6A5C97-4902-45A3-91AE-5B3B211699F8 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 5 of 6 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 13th day of September, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor 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 ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ DocuSign Envelope ID: BD6A5C97-4902-45A3-91AE-5B3B211699F8 October 27 27 September Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 6 of 6 MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: BD6A5C97-4902-45A3-91AE-5B3B211699F8