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Home My WebLink About24- Ordinances 2148 - Gran Cielo II Zone Map Amendment, App 22090Ord 2148 Page 1 of 6 ORDINANCE 2148 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 81.468 ACRES AS R-4, RESIDENTIAL HIGH-DENSITY DISTRICT AND R-3, RESIDENTIAL MODERATE DENSITY DISTRICT, KNOWN AS THE GRAN CIELO II ZONE MAP AMENDMENT, APPLICATION 22090. 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 proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) and R-3 (Residential Moderate Density District) for approximately 47.478 acres and 34.034 acres respectively has been properly submitted, reviewed, and advertised; and DocuSign Envelope ID: C9A5E2F7-F784-4863-8B91-6FC16754F5B8 Ordinance No. 2148, Gran Cielo II ZMA Page 2 of 6 WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 20, 2023 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission did not recommend the Bozeman City Commission that application No. 22090 the Gran Cielo II Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on May 2 and continued to June 13, 2023 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, has 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 DocuSign Envelope ID: C9A5E2F7-F784-4863-8B91-6FC16754F5B8 Ordinance No. 2148, Gran Cielo II ZMA Page 3 of 6 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 application. 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 the Gran Cielo II Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-4, Residential High-Density District: An area of land comprised described as follows: A tract of land being Tract 1 of Certificate of Survey No. 2074 and portions of Tract A of Certificate of Survey No. 1861, all located in the North Half of the Southwest Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows; BEGINNING at the One-Quarter corner common to Section 22 & 23 of said Township and Range, which is a 1.5" aluminum cap; thence N 89°48'37" E a distance of 1335.12' to a 2" aluminum cap "4955S" at the CW 1/16 corner of said Section 23; thence N 89°46'57" E a distance of 129.42' to a calculated point; thence S 00°00'23" W a distance of 295.06' to a calculated point; thence N 89°48'37" E a distance of 118.08' to a calculated point; thence S 00°10'17" W a distance of 1036.19' to a calculated point; thence S 89°52'06" W a distance of 245.46' to a 2" aluminum cap "4955S" at the SW 1/16 corner of said Section 23; thence S 89°49'11" W a distance of 1331.64' to a 2" O.D. iron pipe at the S 1/16 corner common to said Sections 22 & 23; DocuSign Envelope ID: C9A5E2F7-F784-4863-8B91-6FC16754F5B8 Ordinance No. 2148, Gran Cielo II ZMA Page 4 of 6 thence N 00°06'11" W a distance of 1330.70' to the point of beginning, containing 47.478 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. That the zoning district designation of the following-described property is hereby designated as R-3, Residential Moderate Density District: An area of land comprised described as follows: A tract of land being portions of Tract A of Certificate of Survey No. 1861, located in the North Half of the Southwest Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows; BEGINNING at a calculated point at the center of said Section 23; thence S 00°10'17" W a distance of 1332.94' to a calculated point at the CS 1/16 corner of said Section 23; thence S 89°52'06" W a distance of 1086.66' to a calculated point; thence N 00°10'17" E a distance of 1036.19' to a calculated point; thence S 89°48'37" W a distance of 118.08' to a calculated point; thence N 00°00'23" E a distance of 295.06' to a calculated point; thence N 89°46'57" E a distance of 1205.60' to the point of beginning, containing 34.034 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. 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 DocuSign Envelope ID: C9A5E2F7-F784-4863-8B91-6FC16754F5B8 Ordinance No. 2148, Gran Cielo II ZMA Page 5 of 6 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. DocuSign Envelope ID: C9A5E2F7-F784-4863-8B91-6FC16754F5B8 Ordinance No. 2148, Gran Cielo II ZMA Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2024. ____________________________________ TERENCE CUNNINGHAM 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 ________________, 2024. The effective date of this ordinance is _____________, ____, 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: C9A5E2F7-F784-4863-8B91-6FC16754F5B8 March 19th 18th 27 April February