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HomeMy WebLinkAbout23- Ordinances 2130 - South 40 Zone Map Amendment, Application 22279Ord 2130 Page 1 of 6 ORDINANCE NO. 2130 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE A PARCEL OF LAND FROM R-1, RESIDENTIAL LOW DENSITY AND R-2, RESIDENTIAL MODERATE DENSITY, TO REMU, RESIDENTIAL EMPHASIS MIXED USE, ON 41.38 ACRES, THE SOUTH 40 ZONE MAP AMENDMENT, APPLICATION 22279. 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, Part 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 rezone an existing parcel from R-1 (Residential Low Density) and R-2 (Residential Moderate Density) to REMU (Residential Emphasis Mixed Use) on 41.38 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on November 21, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and DocuSign Envelope ID: A022A845-5FC0-4F16-9DD4-A04D8822762D Ordinance No. 2130, South 40 ZMA Page 2 of 6 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22279, the South 40 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on December 13, 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: A022A845-5FC0-4F16-9DD4-A04D8822762D Ordinance No. 2130, South 40 ZMA Page 3 of 6 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, 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 South 40 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from R-1, Residential Low Density and R-2, Residential Moderate Density to REMU, Residential Emphasis Mixed Use: The property is described as: A Tract of land being the SW1/4NW1/4 and the NW1/4SW1/4 of Section 24, Excepting therefrom that portion conveyed to the State of Montana in Bargain and Sale Deed recorded June 30, 1964 in Book 146 of Deeds, Page 24, Records of Gallatin County, located in the NW1/4 and SW1/4 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 a point on the east line of said Lot 1 and lying S89°31'54" W a distance of 30.00 feet from the Center-West 1/16th corner of section 24 and being the True Point of Beginning; thence S0°17'12" E along the east line of said Lot 1 Block 2 of Minor Subdivision No. 494, for a distance of 1329.88 feet to a point being the southeast corner of said Lot 1 and also a point on the east-west south 1/16th line of said section 24; thence S88°58'32"W along the south line of said lot 1 for a distance of 1307.81 feet to the section line common to sections 23 and 24, T.2S.,R.5E.,P.M.; thence N00°42'16" W along said section line for a distance of 1368.09 feet to the intersection of the centerline of Graf Street extended per Yellowstone Theological Institute Minor Subdivision 494; thence along the said centerline the following (3) DocuSign Envelope ID: A022A845-5FC0-4F16-9DD4-A04D8822762D Ordinance No. 2130, South 40 ZMA Page 4 of 6 courses: thence N89°05'08" E for a distance of 1050.01 feet; thence along a tangent curve to the left with a radius of 300.00 feet, a central angle of 26°09'42", an arc length of 136.98 feet thence; along a compound curve to the right with a radius of 300.00 feet, a central angle of 26°56'09", an arc length of 141.04 feet; thence S0°09'49"E for a distance of 97.21 feet to the True Point of Beginning. Said Lot 1 having 41.38 acres, along with and subject to any 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 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. DocuSign Envelope ID: A022A845-5FC0-4F16-9DD4-A04D8822762D Ordinance No. 2130, South 40 ZMA Page 5 of 6 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: A022A845-5FC0-4F16-9DD4-A04D8822762D Ordinance No. 2130, South 40 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 28 day of February, 2023. ____________________________________ 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 ___ of ____________________, 2023. The effective date of this ordinance is __________, ___, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: A022A845-5FC0-4F16-9DD4-A04D8822762D 21st April 20March 8W8W8W8W8W8W8W8W8W8S8S8S8S8S8S8S8S8S 8S 8S 8S8W8W8W8W S18S18S12W12W12W SD SD SD SD SD SD SD 18S18S18S18S18S18S18S18S18S18S18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 20' WIDE DITCH MAINTENANCE EASEMENT 10' ROAD DEDICATION 10' PUBLIC UTILITY EASEMENT 20' WIDE DITCH MAINTENANCE EASEMENT 10' PUBLIC UTILITY EASEMENT 30' PUBLIC STREET AND UTILITY EASEMENT DOC. No. 2476615 10' PUBLIC UTILITY EASEMENT 8S 8S8S8S8S8S8S8SSSS S18SD18SDS SS S S SN0°42'16"W 1368.09'R=300 .0 0 'L=13 6 .9 8 'Δ =26 °0 9 '4 2 " CB=N76 °0 0 '17 "E CH=13 5 .8 0 'R =3 0 0.0 0 ' L =1 4 1.0 4' Δ =2 6 °5 6 '0 9" C B =N 7 6 °2 3 '3 0 "E C H =13 9 .7 4' S0°09'49"E 97.21'S0°17'12"E 1329.88'S88°58'32"W 1307.81' N89°05'08"E 1050.01' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2022 Plotted by nick mcmichael on Aug/4/2022N:\5659\011 -YTI Development\ACAD\Exhibits\5659011-ZONE- Map 052422.dwgZONE MAP BOZEMAN MONTANA 5659.011 EX-1 JCW JCW MEE 8/2022engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUESOUTHBRIDGE SUB.PHASE1LOT 1BLK 42021 SE CORNER SOUTH 19th AVENUE & GRAF STREET ZONE MAP ZONE AREA SUMMARY TOTAL ZONE AREA: LEGAL DESCRIPTION 41.38 acres GRAF STREET YELL O W S T O N E T H E O L O GI C A L INSTI T U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 - 3 8. 4 1 A C PROP O S E D Z O N I N G: R E M U EXITI N G Z O N I N G: R- 1 & R- 2 SUMMER WAY LANEBROOKDALE DR ALDER CREEK DR SOUTHBRIDGE DR LOT 1BLK 5PUBLICPARKPUBLICPARKLOT AMINORSUB 235ALOT 3MINORSUB 235ALOT 2MINORSUB 235LOT 3, BLK 1MINOR SUB 494LOT 3, BLK 1MINOR SUB 494LOT 1, BLK 1MINOR SUB 494LOT 4, B L K 1 MINOR S U B 4 9 4 ALLISON SUBANNEX, S24, T02 S,R05 E, ACRES40.217, SE4NW4ALDER CREEKSUBDIVISION PH-5ALDER CREEKSUBDIVISION PH-5ALDER CREEKSUBDIVISIONPH-5ALLISON SUB ANNEX,S24, T02 S, R05 E, TRBEING IN ALLISONANNEX NE4SW47.653AC COS 792ALDER CREEKSUBDIVISIONPH-5OPEN SPACELOT 38 BLOCK 15LOT 37 LOT 36 LOT 35 LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 LOT 29 LOT 28 PARK 9 LOT 27 LOT 26 LOT 25 LOT 24 LOT 23 LOT 22 LOT 21 LOT 20 LOT 38 BLOCK 14BLOCK 20BLACKWOOD GROVES SUB.S24, T02 S, R05 E, ACRES117.47, S2SW4 LESS RW SEC24 & N2N2NW4 SEC 25BOZE M A N COMM U N I T Y P L A N FUTU R E L A N D U S E: RESID E N T I A L MIXED U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D A Tract of land being the SW1/4NW1/4 and the NW1/4SW1/4 of Section 24, Excepting therefrom that portion conveyed to the State of Montana in Bargain and Sale Deed recorded June 30, 1964 in Book 146 of Deeds, Page 24, Records of Gallatin County, located in the NW1/4 and SW1/4 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 a point on the east line of said Lot 1 and lying S89°31'54" W a distance of 30.00 feet from the Center-West 1/16th corner of section 24 and being the True Point of Beginning; thence S0°17'12" E along the east line of said Lot 1 Block 2 of Minor Subdivision No. 494, for a distance of 1329.88 feet to a point being the southeast corner of said Lot 1 and also a point on the east-west south 1/16th line of said section 24; thence S88°58'32"W along the south line of said lot 1 for a distance of 1307.81 feet to the section line common to sections 23 and 24, T.2S.,R.5E.,P.M.; thence N00°42'16" W along said section line for a distance of 1368.09 feet to the intersection of the centerline of Graf Street extended per Yellowstone Theological Institute Minor Subdivision 494; thence along the said centerline the following (3) courses: thence N89°05'08" E for a distance of 1050.01 feet; thence along a tangent curve to the left with a radius of 300.00 feet, a central angle of 26°09'42", an arc length of 136.98 feet thence; along a compound curve to the right with a radius of 300.00 feet, a central angle of 26°56'09", an arc length of 141.04 feet; thence S0°09'49"E for a distance of 97.21 feet to the True Point of Beginning. Said Lot 1 having 41.38 acres, along with and subject to any easements.SOUTH 15TH AVEPROPOSED ZONING REMU 41.38 acres REMU ZONING:41.38 acres POINT OF BEGINNING DocuSign Envelope ID: A022A845-5FC0-4F16-9DD4-A04D8822762D