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HomeMy WebLinkAbout25- Ordinances 2025-03 - Vaquero Land Swap Zone Map Amendement, App 25035Ord 2025-03 Page 1 of 6 ORDINANCE 2025 - 03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 1.37 ACRES FROM PLI, PUBLIC LANDS AND INSTITUTIONS TO R-3, RESIDENTIAL MEDIUM-DENSITY DISTRICT, KNOWN AS THE VAQUERO LAND SWAP ZONE MAP AMENDMENT, APPLICATION 25035. 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 a portion of an existing parcel from PLI (Public Lands and Institutions) to R-3 (Residential Medium-Density) on 1.37 acres including adjacent right-of- way respectively has been properly submitted, reviewed, and advertised; and Docusign Envelope ID: 488FBE40-EC0C-42BA-96BC-F5B425609914 Ordinance 2025 - ____ Zoning Ordinance Page 2 of 6 WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on June 2, 2025, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended (6:0) the Bozeman City Commission that application No. 25035 the Vaquero Land Swap Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on June 17, 2025, 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; Docusign Envelope ID: 488FBE40-EC0C-42BA-96BC-F5B425609914 03 Ordinance 2025 - ____ Zoning Ordinance Page 3 of 6 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, staff analysis and report, and all submitted public comment recommended approval of the application. 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 Vaquero Land Swap Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-3, Residential Medium-Density District: An area of land comprised described as follows: The existing parcel being a portion of Lot 4a of Minor Subdivision 400A located in Section 34, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. is subject to all easements of record or apparent on ground The portion of lot 4a being the component of this ZMA; Being Tract 3A-1 of C.O.S 2202B and Lot 4 of Minor Subdivision 400 located in the Northeast 1/4 of Section 3, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows: Commencing at the Center ¼ of Section 3, thence N 34°50'24" E a distance of 1766.44', to the Point of Beginning: thence N 89°59'49" E a distance of 373.63'; Docusign Envelope ID: 488FBE40-EC0C-42BA-96BC-F5B425609914 03 Ordinance 2025 - ____ Zoning Ordinance Page 4 of 6 thence along a non-tangent arc to the left a distance of 87.76', said arc having delta angle of 03°56'38", a radius of 1275.00', with a chord bearing of S 44°12'08" E, with a chord length of 87.74', thence S 43°49'34" W a distance of 170.56'; thence S 56°27'34" W a distance of 95.06';. thence N 51°34'41" W a distance of 84.52;. thence N 42°38'48" W a distance of 252.78'; Said portion contains 1.37 acres (59514 square feet), more or less SUBJECT to all easements of record or apparent from visual inspection of the property. 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 Docusign Envelope ID: 488FBE40-EC0C-42BA-96BC-F5B425609914 03 Ordinance 2025 - ____ Zoning Ordinance Page 5 of 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: 488FBE40-EC0C-42BA-96BC-F5B425609914 03 Ordinance 2025 - ____ Zoning Ordinance 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 17th day of June , 2025. ____________________________________ 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 1st of July, 2025. The effective date of this ordinance is July 30th, 2025. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 488FBE40-EC0C-42BA-96BC-F5B425609914 03 Ordinance 2025 - ____ Zoning Ordinance Page 6 of 6 Docusign Envelope ID: 488FBE40-EC0C-42BA-96BC-F5B425609914 03 Certificate Of Completion Envelope Id: 488FBE40-EC0C-42BA-96BC-F5B425609914 Status: Completed Subject: Complete with Docusign: 25035 Vaquero Land Swap Ord.pdf Source Envelope: Document Pages: 7 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Alex Newby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 2 anewby@bozeman.net IP Address: 208.94.236.100 Record Tracking Status: Original 7/3/2025 10:48:26 AM Holder: Alex Newby anewby@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City Manager Location: Docusign Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.113 Sent: 7/3/2025 11:08:35 AM Viewed: 7/3/2025 11:32:58 AM Signed: 7/3/2025 11:33:07 AM Electronic Record and Signature Disclosure: Accepted: 7/3/2025 11:32:58 AM ID: b59b6043-4880-405d-b521-3d26f3b525e0 Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b0c1:d90b:4d03:54cb:d5b2:91cb Signed using mobile Sent: 7/3/2025 11:33:14 AM Viewed: 7/3/2025 11:41:20 AM Signed: 7/3/2025 11:41:31 AM Electronic Record and Signature Disclosure: Accepted: 11/3/2022 7:48:36 AM ID: 3079a697-195d-4eed-be8a-2bfe643492d2 Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.100 Sent: 7/3/2025 11:41:32 AM Viewed: 7/3/2025 1:30:07 PM Signed: 7/9/2025 2:31:40 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:22:44 PM ID: b1bb90fd-5db8-4a5f-9451-9536f39ef003 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Tom Rogers trogers@bozeman.net Security Level: Email, Account Authentication (None) Sent: 7/9/2025 2:31:41 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/3/2025 11:08:35 AM Envelope Updated Security Checked 7/9/2025 10:40:36 AM Certified Delivered Security Checked 7/3/2025 1:30:07 PM Signing Complete Security Checked 7/9/2025 2:31:40 PM Completed Security Checked 7/9/2025 2:31:41 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City Manager (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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