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HomeMy WebLinkAbout22- Affidavit of Publication - Notice of Public Hearing to Consider a Text Amendment to Revise Chapter 38 of the UDC AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC quested by the applicant,City HEARINGS of Bozeman, PO Box 1230, STATE OF MONTANA, Bozeman MT 5MI. The TO COUNTY OF GALLATIN AMENDMENT TO AREVIIS amendments will: CHAPTER 38, UNIFIED DE- 1. Repeal Division 38.430, I,Margo Haft,Legal Specialist being first duly sworn,de- VELOPMENT CODE, OF Planned Unit Development g g p g y THE BOZEMAN MUNICI- in its entirety. A planned unit pro- pose and say that I am theprincipal clerk of the publisher PAL CODE TO REPEAL DI- development is a review pro- p Y P VISION 38.430 PLANNED cess than allows an applicant of the Bozeman Dail Chronicle a newspaper in general UNIT DEVELOPMENT AND to propose different land de- ofg CREATE A NEW DIVISION velopment standards in ex circulation, Bozeman, Gallatin County,Montana; that I 38.430 PLANNED DEVEL- change for public benefits.The OPMENT ZONES; CREATE scope and type of public ben- ersonal knowledge that the Legal# 109866 A NEW DIVISION 3UNIT efds is inducted in to code. know from my p g g LEGACY PLANNED UNIT Planned unit developments NOTICE OF PUBLIC HEARINGS TO CONSIDE LLATED AMENDMENTS AND To zoning districts. are allowed in all MULTIPLE SECTIONS OF a printed copy of which is hereto annexed,was published in THE BOZEMAN MUNICIPAL 2. Remove references to CODE INCLUDING Planned Unit Developments the entire issue of said newspaper for:4 2.05.3000,38-200.100, throughout Chapter 38, Uni- 38.200.010,38.220.120, fied Development Code, 38.220.420,38.230.030, amending 24 individual sec- 38.250.050,38.250.070, tions of the municipal code. 38.250.070,38.250.080, Each section is included in the Insertion(s) in the following issues: 06/12/22, 06/19/22, 38.270.030,38.300.020, new ordinance that applies 07/03/22,07/10/22 38.310.030.B,TABLE these amendments. 38.310.040.E,38.350.030.D, 3. Create a new Division 38.350.050.D,TABLE 38.430,Planned Development 38.370.030,38.400.020, Zones (PDZ).A PDZ is a cre- 38.550.050.M,38.560.060.B, ation of a new custom zoning 38.700.050 D DEFINITIONS, district and associated land tha Total Cost: $480.00 AND 38 00.150 P DEF NI- apply onlynto that one site• TIONS A PDZ is reviewed as a text and zone map amendment The City of Bozeman provides according to standard review notice of a proposal to amend procedures in Division 38.260 its land use and development of the municipal code.A final- regulations,the Unified Devel- ized PDZ will be shown on the opment Code(UDC),Chapter zoning map.Additional review 38 BMC. The proposed text processes are also required amendments are described in Division 38.430 including below. provision of public benefits in- cluding options for affordable On Monday, June 27, 2022 housing, protection of historic at 6:00 p.m., the Community structures,sustainable design, Subscribed and rn b M Haft before me on: Development Board acting in and large development.Bene- yar go their capacity as the Zoning fits may be of just one type or On 1 lth day of July, in the year of 2022 Commission will conduct a a combination of the options. public hearing on an amend- A PDZ may propose different ment to municipal code in the combinations of uses as well Commission Room at City as numeric standards.A PDZ Hall, 121 N. Rouse Ave. Boz- must also include a general eman MT. Members of the development plan presenting public will also be able to par- the general layout and nature ;i ticipate remotely via WebEx. of development within the Instructions for joining the We- area.PDZs are integrated into bEx meeting will be included multiple sections throughout on the meeting agenda which the code in place of planned is published on the City's web- unit developments. Notary Public for the State of Montana Residing at site at least 48 hours prior to Bozeman,Monta / the meeting. The agenda is 4. Create a new Division available at httosJ/www.boze- 38.440, Legacy Planned Unit man.net/meetinos. Developments, establishing standards for how existing On Tuesday, July 12, 2022 developments that were ap- at 6:00 p.m., The City Com- proved under the old planned `_` ; mission will conduct a public unit development standards x w w U._s hearingon an amendment can be amended or removed LL1 Q —GWZ00W►w-'d~ U. J V > z z a—>a v z i O R �' 8 ana to the municipal code. in the from a planned unit devel Luo Z ua Commission Room at City opment. No existing PUD is m 9r w w 2 w a F'>C ir CO O O t. Hall, 121 N. Rouse Ave. Boz- changed or repealed by this ern Q iiG a JZ0 U ZZZ p0000-0 *� ,_,'a a 0 020 ru a w w w O O p N co N co N G eman MT. Members of the amendment. ' 0_00eeiu' c"c '.- public will also be able to ar- LL? ¢i.-OVz¢ ix�wtn z _fit-�Cf 00000- M c. P P O m c p M O w z z e w z?c N M w un o m ticipate remotely via WebEx. 5.Repeal and replace Section w¢ Z M F-w F-er Q z z >J z z o N N N N N w - Instructions for joining the We- 38.220.120 specifying submit- V= Z w tr W N W M>Q J N G a N J M M m m m m ° bEx meeting will be included tal requirements for Planned O~ O o w g m o w a� a Q w N V 00 0 0 0 o c on the meeting agenda which Development Zones and as- Z v Z a O U rior to _Q O It- w w -Joe:0 Z o0 o v e N c a is published on the City's web- sociated documents. 2=w=Q N Z co a W W~ w C uO N N N N N C the meetingst.The ag8 hours enda is 6.Revise Section 38.400.020, ~a V>~° >>V M O Q-r a� FZ-O c4 M m M"M available at hitps://www.boze Street and road dedication,to man.net/meetinos. change how privately main- = tained streets are reviewed, The purpose of the public approved,and maintained.Ad- AD#246668 hearings is to consider the ditional administrative flexibili- proposed amendments as re- ty is provided for approval and AD#246668 additional data is required to Commission. Protests must show how the street will work be delivered to the Bozeman and be maintained. City Clerk,121 North Rouse Ave.. PO Box 1230, Boze- 7. Revise Section 38.200.010, man,MT 59771-1230. Review authority, to reflect changes creating Planned De- The complete text of the pro- velopment Zones and Legacy posal is available through the Planned Unit Developments, Department of Communi- assign duties to revised ad- ty Development, 20 E Olive ministrative departments. Street, Bozeman MT 59715; 406-582-2260, and online at 8. Amend definitions in Divi- hftps://www.bozeman.net/de- sion 38.700 to conform to the partments/economic-dev proposed amendments. elopment/community-housing/ bozeman-code-audit-to-c r This application is evaluated eate-and-preserve-housing. against the requirements and The proposal may be re- purposes of zoning set in state vised as the public review law in Title 76 Chapter 2,Sec- process proceeds. tion 304,Montana Code Anno- tated. Approval or contingent The City invites the public to approval may be granted if the comment in writing and to at- City Commission determines tend the public hearings.Writ- all applicable criteria are met. ten comments may be direct- ed to Chris Saunders at the The public may comment oral- City of Bozeman, Department ly at the public hearings or in of Community Development, writing at or prior to the public PO Box 1230, Bozeman, MT hearings regarding compli- 59771-1230. Comments may ance of this application with also be emailed to agenda@ the required criteria. Com- bozeman.net. Please refer- ments should identify the spe- ence Ordinance 2104 in all cific criteria of concern along correspondence. with facts in support of the comment. During the notice For those who require ac- period the City will continue commodations for disabilities, review for compliance with ap- please contact Mike Gray,City plicable regulations. of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 At the City Commission's (TDD). public hearing the City Commission may act to ap- prove, modify, or reject the proposal or continue the public hearing to another date.The City Commission may revise any of the pro- posed actions referred in this notice during the public hearing process. The City will accept written protests from property own- ers against the zoning pro- visions of the proposal re- ferred to in this notice until the close of the public hear- ing before the City Commis- sion. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addi- tion, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged (including the Ordinance num- ber 2104); and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to pro- test the action against which the protest is lodged,including ownership of property affected by the action.Signers are en- couraged to print their names after their signatures.A person may in writing withdraw a pre- viously filed protest at any time prior to final action by the City