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Home My WebLink About24- Ordinances 2140 - ZMA to Designate Walker Subdivision L.5 B.1 as R-3Ord 2140 Page 1 of 5 ORDINANCE 2140 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 2.552 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, KNOWN AS THE WALKER SUBDIVISION LOT 5, BLOCK 1 ZONE MAP AMENDMENT, APPLICATION 22125. 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-3 (Residential Moderate Density District) for approximately 2.552 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on October 17, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and DocuSign Envelope ID: 64546FD3-463E-4655-A671-DCA57E6FE32A Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22125 the Walker Subdivision Lot 5, Block 1 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 15, 2022 and continued to December 20, 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 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 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, DocuSign Envelope ID: 64546FD3-463E-4655-A671-DCA57E6FE32A Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 3 of 5 staff analysis and report, and all submitted public comment recommended approval of the requested R-3 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 the Walker Subdivision Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-3, Residential Medium Density District: An area of land comprised described as follows: A parcel of land in the Walker Property Subdivision, being Lot 5, Block 1, and the adjacent 60 foot Right-Of-Way of Campbell Road, located in the Southwest Quarter of Section 25, and the Southeast Quarter of Section 26, Township 1 South, Range 5 East of the Principal Meridian of Montana, Gallatin County, Montana, being further described as follows: Beginning at the Southeast Corner of said Lot 5, Block 1, Walker Property Subdivision. Thence South 65º03’49” West, a distance of 60.00 feet to a point on the southwest right- of-way line of Campbell Road. Thence North 24º56’11” West, a distance of 139.23 feet along said southwest right-of-way line. Thence continuing along said southwest right-of- way line, along a 568.13 foot radius curve to the left, through a central angle of 22º08’13”, an arc distance of 219.50 feet. Thence North 42º55’36” East, a distance of 60.00 feet to the southwest corner of said Lot 5. Thence North 42º55’36” East along the westerly line of said Lot 5, a distance of 242.54 feet. Thence along the northerly line of said Lot 5 the following two courses: North 88º35’48” East, a distance of 110.00 feet. Thence South 22º18’16” East, a distance of 171.47 feet. Thence along the easterly line of said Lot 5, South 22º10’06” West, a distance of 370.38 feet, to the Point of Beginning. Said parcel of land being 111,184 square feet (2.552 acres), along with and subject to all existing easements of record or apparent on the ground. DocuSign Envelope ID: 64546FD3-463E-4655-A671-DCA57E6FE32A Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 4 of 5 All as depicted on the WALKER SUBDIVISION LOT 5, BLOCK 1 Annexation Map. 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.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. DocuSign Envelope ID: 64546FD3-463E-4655-A671-DCA57E6FE32A Ordinance No. 2140, Walker Subdivision Lot 5, Block 1 ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 26th day of March 26, 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: 64546FD3-463E-4655-A671-DCA57E6FE32A 9thAprilMay 9th