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Home My WebLink About24- Ordinances 2159 - Jarrett Zone Map Amendment, App 23047Ord 2159 Page 1 of 7 ORDINANCE 2159 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON THREE PARCELS FROM R-1 (RESIDENTIAL LOW DENSITY DISTRICT) TO R-2 (RESIDENTIAL MODERATE DENSITY DISTRICT) 39.96 ACRES, AND 8.4 ACRES AS PLI (PUBLIC LANDS AND INSTITUTIONS). THE JARRETT ZONE MAP AMENDMENT, APPLICATION 23047. 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 June 5, 2023, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the DocuSign Envelope ID: AE6F1C6D-9AC7-46C9-BED1-3CFB97DF0ED0 Ordinance No. 2159, Jarrett Zone Map Amendment Page 2 of 7 Bozeman City Commission that application No. 2 3047, the Jarrett Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on June 6, 2023, 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: AE6F1C6D-9AC7-46C9-BED1-3CFB97DF0ED0 Ordinance No. 2159, Jarrett Zone Map Amendment Page 3 of 7 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-2 and PLI districts. 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. 23047 the Jarrett 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-2 (Residential Moderate Density District): Legal Description All that certain tract described as Lot 1, Block 1 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4 Section 24 of C.O.S. 252 & C.O.S. 792 (Plat reference J-702A), together with Lot 3A, Block 1 of the Amended Plat of Lot 2, Block 7, Allison Subdivision Phase 4A (Plat ref. J-702) and Lot 3 of Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4 Section 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A) as shown and described on Plat J-702B, together with adjacent lands located in Arnold Street, south 11th Avenue and West Graf Street, located in the Northeast 1.4, Southeast ¼, Southwest ¼ and Northwest ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Beginning at the CN1/16 corner of section 24, Township 2 South, Range 5 East, P.M.M., thence along the west line of the Northeast ¼ of said Section 24 South 01˚41’07” West, a distance of 66.61 feet to a point in the centerline of South 11th Avenue; thence in and along said centerline the two (2) following courses; 1) South 15˚09’19” West, a distance of 1006.04 feet; 2) South 03˚39’04” West, a distance of 177.82 feet to a point in the centerline DocuSign Envelope ID: AE6F1C6D-9AC7-46C9-BED1-3CFB97DF0ED0 Ordinance No. 2159, Jarrett Zone Map Amendment Page 4 of 7 of West Graf Street; thence along said centerline of five (5) following courses; 1) South 89˚40’36” East, a distance of 240.51 feet; 2) South 89˚40’36” East, a distance of 133.20 feet; 3) along a curve turning to the right with an arc length of 131.44’, with a radius of 345.00’, with a chord bearing of South 78˚45’45” East with a chord length of 130.64’, with a delta angle of 21˚49’42”; 4) South 67˚50’54” East, a distance of 145.47 feet; 5) along a curve turning to the left with an arc length of 114.97’, with a radius of 345.00’, with a chord bearing of South 77˚23’42” East, with a chord length of 114.44’, with a delta angle of 19˚05’37”, Thence along the west line of Block 2 of Allison Subdivision Phase 3B (Plat reference J-608) the two (2) following courses; 1) South 32˚58’46” West, a distance of 53.40 feet; 2) South 24˚24’18” West, a distance of 220.76 feet to a point on the north line of Alder Creek Subdivision Phase 2; thence along the north line of Alder Creek Subdivisions Please 2 (Plat reference J-398), Phase 3 (Plat reference J-426), Phase 4 (Plat reference J-478), and Phase 5 (Plat reference J-479), respectively, the five (5) following courses: 1) North 89˚00’58” West, a distance of 396.71 feet; 2) North 89˚38’21” West, a distance of 192.96 feet; 3) North 89˚41’24” West, a distance of 94.01 feet; 4) North 89˚38’44” West, a distance of 290.66 feet; 5) North 89˚41’50” West, a distance of 768.24 feet to a point on the east line of Minor Subdivision No. 494; thence alon g said east line the two (2) following courses; 1) North 01˚00’14” East, a distance of 247.63 feet; 2) North 01˚07’32” East, a distance of 700.09 feet to the southwest corner of Lot 2, Block 1 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4 Section 24 of C.O.S. 252 & C.O.S. 792 (Plat reference J-702A); thence along the south and east lines of said Lot 2 the two (2) following courses, respectively: 1) South 89˚19’59” East, a distance of 587.85 feet; 2) North 01˚07’32” East, a distance of 622.32 feet to a point on the south line of the Amended Plat of Lot 2, South University District Phase 2 (Plat J-605) known as ‘South University District Phase 3 Subdivision (Plat reference J-698); thence along said south line South 89˚19’59” East, a distance of 772.75 feet to the POINT OF BEGINNING. Said tract containing in area 39.96 Acres along with and subject to any existing easements. Section 3 That the zoning district designation of the following-described property is hereby established as PLI (Public Lands and Institutions): Legal Description All that certain tract described as Lot 2, Block 1 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE ¼ NW ¼ Section 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A), located in the Northwest ¼ of Section 24, Township 2 South, Range 4 DocuSign Envelope ID: AE6F1C6D-9AC7-46C9-BED1-3CFB97DF0ED0 Ordinance No. 2159, Jarrett Zone Map Amendment Page 5 of 7 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Beginning at the northwest corner of the herein described tract at the NW 1/16 corner of Section 24, Township 2 South, Range 5 East, P.M.M., said point being on the south line of the Amended Plat of Lot 2, South University District Phase 2 (Plat J-605) known as ‘South University District Phase 3 Subdivision’ (Plat reference J-695); thence along said south line South 89˚19’59” East, a distance of 587.85 feet to the northwest corner of Lot 3A, Block 1 of the Amended Plat of Lot 2 Block 7, Allison Subdivision Phase 4A (Plat ref. J-702) & Lot 3 of Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE ¼ NW ¼ Section 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A), Plat reference J-702B; thence along the west line of said Lot 3A South 01˚07’32” West, a distance 622.32 feet to the northeast corner of Lot 1, Block 1, of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE ¼ NW ¼ Section 24 of C.O.S. 252 & C.O.S. 792 (Plat Reference J-702A); thence along the north line of said Lot 1 North 89˚19’59” West, a distance of 587.85 feet to a point on the east line of Lot 4, Block 1, Minor Subdivision No. 494; thence along said east line North 01˚07’32” East, a distance of 622.32 feet to the POINT OF BEGINNING. Said tract containing in area 8.40 Acres, along with and subject o any existing easements. Section 4 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 5 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 6 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 DocuSign Envelope ID: AE6F1C6D-9AC7-46C9-BED1-3CFB97DF0ED0 Ordinance No. 2159, Jarrett Zone Map Amendment Page 6 of 7 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 7 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 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. DocuSign Envelope ID: AE6F1C6D-9AC7-46C9-BED1-3CFB97DF0ED0 Ordinance No. 2159, Jarrett Zone Map Amendment Page 7 of 7 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on th e 23rd day of April 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 7th day of May 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: AE6F1C6D-9AC7-46C9-BED1-3CFB97DF0ED0