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Home My WebLink About23- Ordinances 2138 - Ordinance Title Unknown (2) DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Bo2�, 9x 'e<,r,�� ,►oaf's ORDINANCE 2138 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE LAND FROM R-4, RESIDENTIAL HIGH DENSITY, TO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, ON 0.4828 ACRES, KNOWN AS THE NORTH 8TH ZONE MAP AMENDMENT,APPLICATION 22366. 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 rezone an existing parcel from R-4 (Residential High Density) to R-5 (Residential Mixed-Use High Density District) for approximately 0.4828 acres has been properly submitted, reviewed, and advertised; and Ord 2138 Page 1 of 5 DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 81h ZMA WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 6, 2023 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22366 the North 8th Zone Map Amendment, be approved as requested by the applicant; and WHEREAS,the City Commission held its public hearing on April 4, 2023, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS,an error was discovered regarding the notice required by Bozeman Municipal Code section 38.220.420, requiring a correct public notice and another public hearing for the Ordinance; and WHEREAS, after proper notice, the City Commission held a public hearing for provisional adoption of Ordinance No. 2138 at 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 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 That the zoning district designation of the following-described property is hereby designated as R-5, Residential Mixed-Use High Density District: An area of land comprised described as follows: Lots 1, 2, 3, 4, 5 and 6, Block 7, SPRINGBROOK ADDITION TO BOZEMAN, [Plat B- 24], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 12, Township 2 South, Range 5 East of P.M.M., together with portions of the adjacent North Page 2 of 5 DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 81h ZMA 8th Avenue right of way, West Lamme Street right of way and Alley right of way, all described as follows: Beginning at the southeast corner of Lot 6 of said Block 7; thence westerly 272'33'11 assumed azimuth from north, 150.18 feet along the south line of said Lot 6 and its westerly extension to the centerline of the alley in said Block 7;thence northerly 002°35'37"azimuth 180.00 feet along said centerline to the centerline of Lamme St; thence easterly 092'40'15" azimuth 180.23 feet along last said centerline to the centerline of 8th Avenue; thence southerly 182°35'48" azimuth 180.00 feet along last said centerline to the easterly extension of the south line of said Lot 6; thence westerly 272'33'11" azimuth 30.00 feet along the last said extension to the point of beginning. Area of Lots equals 21,031 square feet, 0.4828 acre or 1,953.8 square meters Area of Alley equals 1,500 square feet, 0.0344 acre or 139.4 square meters Area of 8th Avenue and Lamme Street ROW = 10,207 square feet, 0.2343 acre or 948.3 square meters Section 2 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 3 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 4 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. Page 3 of 5 DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 81h ZMA Section 5 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 6 Effective Date. This ordinance shall be in full force and effect thirty(30) days after final adoption. Page 4 of 5 DocuSign Envelope ID: 1EBF164A-1571-483F-BCF5-63F19158D423 Ordinance No. 2138, North 81h ZMA PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 1 lth day of July, 2023. DocuSigned by: B5588C7C1BB14E6... CYNTHIA L. ANDRUS Mayor ATTEST: DocuSigned by: ANO- hms F41Fg92095AR475 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 11thof July , 2023. The effective date of this ordinance is August � 10 2023. DocuSigned by: � v -@5588SZS1BBaA€9... CYNTHIA L. ANDRUS Mayor ATTEST: DocuSigned by: s DocuSigned by: F41 F922095AB475... MIKE MAAS City Clerk APPROVED AS TO FORM: DocuSigned by: Sul "All a7�aa2ACPACA4411 GREG SULLIVAN City Attorney Page 5 of 5 D..Sign Envelope ID:1EBF164A.1571483F.BCF5.63F19158D423 NORTH 8TH ZONE MAP AMENDMENT LOTS 1 -6, BLOCK 7, SPRINGBROOK ADDITION LOCATED IN THE NE 114 OF SEC. 12, T. 02 S., R. 05 E. OF P.M.M., GALLA TIN COUNTY MONTANA LOT 3 � — LOT 15 LOT 2 LEGAL DESCRIPTION LOT 14 LOT 3 Q LOT 14 PROPOSED R 5 ZONING: LOT 4 O LOT 3 Lots 1, 2, 3, 4, 5 and 6. Block 7, SPRINGBROOK ADDITION TO BOZEMAN, [Plat B-24], according to the plat LOT 13 thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located 10 LOT 4 in the Northeast Quarter of Section 12, Township 2 South, Range 5 East of P.M.M., together with portions of LOT 5 p OK LOT 13 B L K �OT q the adjacent North 8th Avenue right of way, West Lamme Street right of way and Alley right of way, all LOT 12 described as follows: Q LOT 5 O LOT 12 Beginning at the southeast corner of Lot 6 of said Block 7; thence westerly 272°33'11", assumed azimuth LOT 6 Y LOT 5 from north, 150.18 feet along the south line of said Lot 6 and its westerly extension to the centerline of U 0 LOT 11 LOT 6 1 the alley in said Block 7; thence northerly 002'35'37" azimuth 180.00 feet along said centerline to the o centerline of Lamme St; thence easterly 092'40'15" azimuth 180.23 feet along last said centerline to the LOT 7 it LOT 11 LOT 6 centerline of 8th Avenue; thence southerly 182°35'48" azimuth 180.00 feet along last said centerline to the m LOT 10 easterly extension of the south line of said Lot 6; thence westerly 272'33'11" azimuth 30.00 feet along the LOT 7 lost said extension to the point of beginning. LOT 10 w LOT 8 Z cCn LOT 7 Area of Lots = 21,031 square feet, 0.4828 acre or 1,953.8 square meters. LOT 9 LOT 8 ` Area of Alley = 1,500 square feet, 0.0344 acre or 139.4 square meters 20 LOT 9 Area of 8th Avenue and Lamme St ROW = 10,207 square feet, 0.2343 acre or 948.3 square meters � LOT 8 W 20 W W W Reviewed l b,,:� � SS SS LAMME ST W �'/ W [S87'19'45" Gj(y„EQ• :e...eu_ Y W W W Mark A. Chandler, PLS, PE Montana License No. 9518 ES CITY ZONING R-4 [S87'19.45'E] ro L 0 T 1 60 150.23 092'40'15" cf) LOT 24 1 +o.o oo. 30. LOT 2 N aM "sN8h1 AVE LOT 24 20 1,259 SF LOT 1 Z LOT 23 . 8 n s o ,,cc LOT 3 (� H 8 W 4o GA GE E 10 LOT LOT 23 LOT 2 p—O AF I hereby certify that this Zone Map Amendment, and LOT 22 [N2'35.37"E] ��1—� LOTS 1-3 �� 9 legal description were prepared under my direct 3,000 S.Ft. o= supervision and that am a duly licensed professional LOT 4 150.00 002'35'37' q ' 7,5916 Sq,Ft. �W MARK A. engineer and land surveyor under the laws of the State LOT 22 CHANDLER F of Montano. 40 j 1 LOT 3 No. 9518ES c Dated This 9 Day Of November, 2022. Q � 140.19 092'33'18" � LOT 21 [S87'28'42'E] oN lV oy9� OCENSE��p �f. LOT 5 U Q o EXIS LOTS 4-6 nu LOT 21 LOT 4 e /N Mark A. th(andier, M License No. 9 1 — vi STR TU PROPOSM�Y 10.514 Sq.Ft. O LOT 20 ZONM R-5 LOT 6 m Z LOT 20 Z x EXISTING CITY 15 N 8TH A In LIJ LOT 5 > LOT 19 1 0 ZONING 13-4 1,152 SF a. 1V LOT 7 W — Q �.1 0 W LOT 19 BL K 8LOT 6 LEGEND 15087 2749-W 1 FOUND 1 INCH OUTSIDE DIAMETER PIPE OR AS 00 72'3'11" • LOT 18 [N87'26'49"W) [N87 6.4 "W Q SPRINGBR O NOTED LOT 8 � � °D LOT 7 ]s LOT 18 ADDITION SE CORNER LOT 6, LOT 7 EXISTING SANITARY SEWER MANHOLE _ BLOCK 7,P.O.B. LOT 17 LOT 8 00 EXISTING WATER VALVE LOT 9 LOT 17 PROPERTY NDARY LINE LOT 8 SURROUNDING PROPERTY LINE C/-) LOT 16 B L LOT 9 w EXISTING WATER MAIN LOT 10 O DD TI N LOT 16 LOT 9 Scale In Feet ss EXISTING SANITARY SEWER MAIN LOT 15 LOT 10 40 0 40 EXISTING ZONING BOUNDARY LOT 11 LOT 15 LOT 14 LOT 11 U LOT 10 12 o 12 �� Scale In Vetere PROPOSED ZONING AMENDMENT BOUNDARY LOT 12 � LOT 14 LOT 11 • so LOT 13 zo LOT 12 W 60 LOT 13 20 LOT 12 [N45'00'00"E] BEARING COMPUTED FROM AZIMUTH SHOWN W W W W BASIS FOR AZIMUTHS FROM NORTH: THE EAST LINE OF BLOCK 7, W W --�- W SPRINGBROOK ADDITION BEING 182'35'48". ° MENDENHALL ST W � W W W — cn � LOT 1 ZZ - 20 - - CITY ZONING B-2M — LOT 24 LOT 1 LOT 2 LOT 23 20 LOT 23 J LOT 2 LOT 1 LOT 3 Y � � LOT 22 LOT 22 � LOT 2 B L K 2 LOT 3 LOT 4 O r LOT SPRINGBR 1 B L K O ADDITI N LOT 2 1 LOT 3 LOT 5 21 LOT 4 LOT SfORINGBR O ADDITC?a Z V) LOT 20 LOT 5 4 LOT 6 d I LOT 19 LOT 5 C ZHI 0) LOT 19 LOT 6 nT ,Q ngineering and Surveying Inc. now * 22007174]