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Home My WebLink About21- Ordinance 2082 Four Points ZMA App 21005Page 1 of 5 ORDINANCE 2082 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 41.52 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, KNOWN AS THE FOUR POINTS ZONE MAP AMENDMENT, APPLICATION 21005. 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 41.52 acres from R-4 (Residential High Density District) to R-5 (Residential Mixed-Use High Density District) has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on April 12, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and DocuSign Envelope ID: A1F52150-4A9A-4B17-A850-93CB1B9389DC Ordinance 2082, Four Points Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21005 the Four Points Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on May 4, 2021, 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: All those certain tracts of land being Lots 4 and 5 of Four Points Minor Subdivision 475 and the adjoining City Street rights-of-way located in the Southeast One- Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Beginning at the Northeast corner of the herein described area at the quarter corner common to Sections 34 and 35, Township 1 South, Range 5 East, P.M.M., thence along the West line of the southwest one-quarter of said Section 35 South 00°14'42" West, a distance of 897.16 feet to the centerline of Kimberwicke Street; thence along said centerline the two (2) following courses; 1) South 89°41'30" West, a distance of 765.77 feet; 2) South 89°42'15" West, a distance of 671.96 feet to the west right-of-way line of Vaquero Parkway; thence along said right-of-way along a curve turning to the left with an arc length of 46.17', with a radius of 270.00', with a chord bearing of North 12°55'15" West, with a chord length of 46.11', with a delta angle of 09°47'52" to a point on the South line of Lot 4 of Minor Subdivision 475 thence along the south and west lines of said Lot 4, respectively, the six (6) following courses; 1.) South 89°41'02" West, a distance of 213.12 feet; 2) South 48°21'31" West, a distance of 90.16 feet; 3) North 21°06'50" East, a distance of 50.25 feet; 4) North 02°06'15" West, a distance of 185.02 feet; 5) North 49°31'26" DocuSign Envelope ID: A1F52150-4A9A-4B17-A850-93CB1B9389DC Ordinance 2082, Four Points Zone Map Amendment Page 3 of 5 West, a distance of 90.84 feet; 6) North 16°37'51" East, a distance of 107.93 feet to a point on the south right-of-way line of Blondie Street; thence North 00°00'00" West, a distance of 30.00 feet to the centerline of Blondie Street; thence along said centerline the five (5) following courses; 1) North 90°00'00" West, a distance of 161.92 feet; 2) along a curve turning to the right with an arc length of 63.58', with a radius of 150.00', with a chord bearing of North 77°51'25" West, with a chord length of 63.11', with a delta angle of 24°17'11"; 3) North 65°42'49" West, a distance of 81.62 feet; 4) along a curve turning to the left with an arc length of 62.95', with a radius of 148.50', with a chord bearing of North 77°51'25" West, with a chord length of 62.48', with a delta angle of 24°17'11"; 5) North 90°00'00" West, a distance of 174.81 feet to the centerline of Milkhouse Avenue; thence along said centerline North 00°00'00" East, a distance of 431.20 feet to the centerline of Cattail Street; thence along said centerline North 89°51'42" East, a distance of 2293.16 feet to the POINT OF BEGINNING consisting 1,804,222 sf (41,42 acres). Containing in area 41.52 acres, including rights-of-way. Subject to existing easements. All as depicted on the FOUR POINTS Zone Map. 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. DocuSign Envelope ID: A1F52150-4A9A-4B17-A850-93CB1B9389DC Ordinance 2082, Four Points Zone Map Amendment Page 4 of 5 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 3rd day of August, 2021. _________________________________ 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 17th day of August, 2021. The effective date of this ordinance is September 16, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor DocuSign Envelope ID: A1F52150-4A9A-4B17-A850-93CB1B9389DC Ordinance 2082, Four Points Zone Map Amendment Page 5 of 5 ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: A1F52150-4A9A-4B17-A850-93CB1B9389DC