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Home My WebLink About22- Ordinance 2128 Final Adoption of the Yellowstone Montessori Academy Zone Map AmendmentOrd 2122 Page 1 of 6 ORDINANCE 2128 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN INITIAL MUNICIPAL ZONING ON 1.0556 ACRES AS R4 (RESIDENTIAL HIGH- DENSITY DISTRICT), AND TO AMEND THE ZONING FROM R2 (RESIDENTIAL MODERATE DENSITY DISTRICT) TO R4 (RESIDENTIAL HIGH DENSITY DISTRICT) ON 0.67 ACRES THE YELLOWSTONE MONTESSORI ACADEMY ANNEXATION ZONE MAP AMENDMENT, APPLICATION 22121 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, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after conducting the required public hearing on October 18, 2022, the Bozeman Community Development Board in their capacity as the Zoning Commission DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 2 of 6 recommended to the Bozeman City Commission that application No. 21442, the Silo 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 1, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission 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; DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 3 of 6 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 staff findings as part of their decision, the required criteria for approval of Application No. 22121 the Yellowstone Montessori Academy Annexation Zone Map Amendment have been satisfied and no spot zoning occurs. Section 2 That the zoning district designation of the following-described property is hereby established as R-4 (Residential High Density District): Legal Description That part of Tract 11, BEATTY’S SUBDIVISION, [Plat E-26], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, as described in Document No. 2535497, and that part of adjacent Kagy Boulevard lying north of the centerline, and located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of P.M.M Said property is further described as follows: Beginning at the northeast corner of said part of Tract 11; thence southerly 181°25’29”, assumed azimuth from north, 264.72 feet along the east line of said part of Tract 11 and its southerly extension to the centerline of Kagy Boulevard; thence westerly 270°57’21” azimuth 179.58 feet along said centerline; thence northerly 001°15’10” azimuth 265.00 feet along west line of said part of Tract 11 and its southerly extension; thence easterly DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 4 of 6 271°02’47” azimuth 180.38 feet along the north line of said part of Tract 11 to the point o beginning. Area of Lots = 37,897 square feet, 0.8700 acre or 3,520.8 square meters. Area of Kagy right of way = 8,084 square feet, 0.1856 acre or 751.0 square meters. 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. 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.” DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 5 of 6 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 1st day of November 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 15th of November 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 December 15 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 6 of 6 _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 1625 W KAGY BLVD1705 W KAGY BLVDYELLOWSTONE MONTESSORI ZONE MAP AMENDMENTOCTOBER 23, 2022DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66