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Home My WebLink About23- Ordinances 2129 - Ordinance Title Unknown DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D so2� 9x 'e<,r,�� ,►oaf's ORDINANCE NO. 2129 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE TWO PARCELS FROM R-4, RESIDENTIAL HIGH DENSITY, TO REMU, RESIDENTIAL EMPHASIS MIXED USE, ON 15.037 ACRES, THE THOMAS DRIVE ZONE MAP AMENDMENT,APPLICATION 22094. 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 two existing parcels from R-4 (Residential High Density) to REMU(Residential Emphasis Mixed Use)on 15.037 acres has been properly submitted,reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on August 15, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and Ord 2129 Page 1 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2129, Thomas Drive ZMA WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22094, the Thomas Drive Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on September 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 Page 2 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2129, Thomas Drive ZMA 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, 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 Carroll on Main Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from R-4, Residential High Density, to REMU, Residential Emphasis Mixed Use: The property is described as: The tract of land being the South half of the South half of the North half of the Northeast Quarter of the Southwest Quarter, shown as Tract 1 on Certificate of Survey No. 2856; and the North half of the South half of the Northeast Quarter of the Southwest Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana and more particularly described as: Beginning at a C&H yellow plastic cap from which the CW 1/16 corner of said Section 35, a Blank 1 '/2 "ALUM. Cap bears N 0011'12" E, a distance of 497.15 feet; Thence N 89°38'23"E, a distance of 1324.56 feet to a calculated point on the North-South center of section line of said Section 35; Thence S 00'14'48"W a distance of 497.69 feet to a 5/8"rebar, Thence S 89'35'36"W a distance of 1323.32 feet to a 5/8"rebar; Thence N 00°04'26"E a distance of 333.00 feet to a C&H yellow plastic cap; Thence N 00°09'37"E a distance of 165.75 feet to the point of beginning, Containing an area of 659,624 square feet, 15.143 acres more or less. Subject to all easements of record or apparent from visual inspection of the property. Page 3 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2129, Thomas Drive ZMA 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. Page 4 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2129, Thomas Drive ZMA PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 20 day ofSeptember2022 DocuSigned by: CYNTHIA L. ANDRUS Mayor DocuSigned by: ATTEST: Z Signed by: 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 6 of De em er 2022. The effective date of this ordinance is January 1 5 120227 23 DocuSigned by: CYNTHIA L. ANDRUS Mayor ATTEST: DocuSigned by: s DocuSigned by: p� Lk�F41F922e L' MIKE MAAS City Clerk APPROVED AS TO FORM: DocuSigned by: 4 Stti(,(,iv'w' GREG SULLIVAN City Attorney Page 5 of 5 D—SigR Envelope ID:B6]AOED]-1FE 416D-9E26-D74CB11A310D EXHIBIT A 1013 THOMAS S DRIVE ZONE MAP AMENDMENT to BOZEMAN, MONTA NA A\ TRACT OF LAND SITUATED IN THE GALLATIN COUNTY, MT SW 1/4 OF OF SECTION 35 TIS) R5E P.M.M. 0 N w 1\ FILM 3 PAGE 49 CURRENT ZONING:REMU 1 j EXT'G 12" WATER MAIN o If ZMA BOUNDARY z EXT'G 8" SEWER MAIN I FILM 14 N I ANq PAGE 1699 EXT'G BUILDING CHRIS C. CURRENT ZONING:COUNTY / 9u Ce l (AGRICULTURAL SUBURBAN) TRACT 1 10825 RE � � a COS 2856 s avA`E i 5.037 ACRES j 219,420 S.F. ZMA BOUNDARY i CURRENT ZONING: R-4 DRAWN BY: STIR PROPOSED ZONING: REMU I REVIEWED BY: CGB CITY LIMITS I PROJECT ENGINEER:CGB . DESIGNED BY: BTR EXT'G PROPERTY LINE 21.5' UTILITY W I EASEMENT W j DOC #2164139 DEL� I ti I WI AED ETND 30' WATERLINE b j EASEMENT $ DOC #2164139 kt� I FILM 11 34 WETLAND DELINEATION .yl PACE 789 A LOT 3 WILL BE COMPLETED I 10.000 ACRES MINOR SUB 210 WITH THE DEVELOPMENT I (� 435,600 S.F. I '�+ CURRENT ZONING:B-P OF THE PROPERTY CURRENT ZONING: R-4 ® F PROPOSED ZONING: REMU H �I FILM 117 60' PUBLIC R.O.W. PAGE 3623 ZMA BOUNDARY DOC #21641 39 CURRENT ZONING:COUNTY w (AGRICULTURAL,SUBURBAN) I IN I EXT'G PROPERTY LIN I ZMA BOUNDARY CITY LIMIT I APPROXIMATE WETLAND TRACT B AREA BASED ON CITY DATA COS 500 50' ROAD WAY 1 CURRENT ZONING:R-4 EASEMENT I DOC #2962ES 1 & I DOC #2485515 LEGEND THOMAS DRIVE ZONE MAP AMENDMENT LEGAL DESCRIPTION: b INIITIAL ZONE MAP E a THE TRACT OF LAND BEING THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE SCALE E NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SHOWN AS TRACT 1 ON CERTIFICATE OF AMENDMENT(REMU) SURVEY NO. 2856; AND THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF 0 30 60 120 THE SOUTHWEST QUARTER, ALL IN SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY IIIIi �q Jy OF BOZEMAN, GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; PROPOSED ZMA BEGINNING AT A C&H YELLOW PLASTIC CAP FROM WHICH THE CW 1/16 CORNER OF SAID BOUNDARY 1 _- 60 SECTION 35, A BLANK 1 ''A ALUM. CAP BEARS N 00'11'12" E, A DISTANCE OF 497.15 FEET; THENCE N 89'38'23" E, A DISTANCE OF 1324.56 FEET TO A CALCULATED POINT ON THE Z NORTH-SOUTH CENTER OF SECTION LINE OF SAID SECTION 35; o ' THENCE S 00'14'48" W A DISTANCE OF 497.69 FEET TO A 5/8" REBAR, Z C, W THENCE S 89.35'36" W A DISTANCE OF 1323.32 FEET TO A 5/8" REBAR; E W N THENCE N 00'04'26" E A DISTANCE OF 333.00 FEET TO A C&H YELLOW PLASTIC CAP; THENCE N 00'09'37" E A DISTANCE OF 165.75 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 659,624SQUARE FEET, 15.143 ACRES MORE OR LESS. CIO SUBJECT TO ALL EASEMENTS OF RECORD OR APPARENT FROM VISUAL INSPECTION OF THE PROPERTY. SHEET E 001 1013 THOMAS DR ZMA ZMA EXHIIBIT A PROJECT:22-101 DATE:03/10/22