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Home My WebLink About24- Ordinances 2160 - South Range Crossing (North) ZMA, App 23059Ord 2160 Page 1 of 6 ORDINANCE 2160 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON APPROXIMIATELY THE EASTERN HALF OF BLOCK 1 OF MINOR SUBDIVISION 494 FROM R-1 (RESIDENTIAL LOW DENSITY DISTRICT) AND R-2 (RESIDENTIAL MODERATE DENSITY DISTRICT) TO REMU (RESIDENTIAL EMPHASIS MIXED USE DISTRICT) CONTAINING 21.481 ACRES. THE SOUTH RANGE CROSSING (NORTH) ZONE MAP AMENDMENT, APPLICATION 23059. 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 January 22, 2024, the Bozeman Community Development Board in their capacity as the Zoning Commission DocuSign Envelope ID: 30C80C1B-A96F-481F-8F60-63607B439750 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 2 of 6 recommended to the Bozeman City Commission that application No. 23059, the South Range Crossing (North) Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on March 5, 2024, 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: 30C80C1B-A96F-481F-8F60-63607B439750 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 3 of 6 6. The Bozeman Zoning Commission, which responsibilities have been assigned to the Community Development Board, 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 REMU 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, Community Development Board 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. 23059 the South Range Crossing (North) 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 REMU (Residential Emphasis Mixed-Use District): Legal Description A tract of land in the SW1/4 NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the NW 1/16th corner of Section 24 and being the Point of Beginning; thence South 0˚09’06” East along the 1/16th line for a distance of 1225.02 feet to the centerline of Graf Street per Yellowstone Theological Institute Minor Subdivision 494; thence along said centerline South 89˚05’06” West for a distance of 30.00 feet; thence along a curve to the left having a radius of 300.00 feet, a central angle of 26˚56’07” for an arc length of 141.03 feet and having a chord bearing of South 76˚23’31” West for 139.74 feet; thence along a curve to the right having a radius of 300.00 feet. A central angle of 26˚09’45” for an arc length of 136.99 feet and having a chord bearing of South 76˚00’20” West for 135.80 feet; thence South 89˚05’06” West for a distance of 457.20 feet; thence North 0˚36’42” DocuSign Envelope ID: 30C80C1B-A96F-481F-8F60-63607B439750 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 4 of 6 West for a distance of 923.07 feet; thence along a curve to the right having a radius of 150.00 feet, a central angle of 47˚27’38” for an arc length of 124.25 feet and having a chord bearing of North 23˚07’07” East for 120.73 feet; thence North 46˚50’56” East for a distance of 60.01 feet; thence along a curve to the left having a radius of 150.00 feet, a central angle of 47˚33’14” for an arc length of 124.50 feet and having a ch ord bearing of North 23˚04’19” East for 120.95 feet; thence North 0˚42’18” West for a distance of 105.50 feet; thence North 89˚23’18” East for a distance of 624.08 feet to the Point of Beginning. Said description having 21.481 acres, along with and subject to any existing easements. 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 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 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. DocuSign Envelope ID: 30C80C1B-A96F-481F-8F60-63607B439750 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 5 of 6 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: 30C80C1B-A96F-481F-8F60-63607B439750 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment 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 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: 30C80C1B-A96F-481F-8F60-63607B439750