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HomeMy WebLinkAbout22- Ordinance 2123 Final Adoption of Gran Cielo Zone Map AmendmentOrd 2123 Page 1 of 6 ORDINANCE 2123 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO AMEND 4.279 ACRES FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4 (RESIDENTIAL HIGH DENSITY DISTRICT), THE GRAN CIELO – CIELO WAY AND S. 27TH AVE ZONE MAP AMENDMENT, APPLICATION 22117 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 Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; 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, after conducting the required public hearing on August 15, 2022, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 22117, the Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment, be approved as requested by the applicant; and DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment Page 2 of 6 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, 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 conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment Page 3 of 6 requested R-4 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 Application No. 22117 the Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from R-3 (Residential Medium Density District) to R-4 (Residential High Density District): A tract of land being a portion of the remainder of Tract 4 OF C.O.S. NO. 2725 Per Gran Cielo Subdivision Phase 1a, Located In The Northwest One-Quarter Of Section 23, Township 2 South, Range 5 East, P.M.M. City Of Bozeman, Gallatin County, State Of Montana, more particularly described as follows; • BEGINNING AT A 2" ALPINE ALUMINUM CAP AT THE NORTHEAST CORNER OF TRACT 4 OF COS 2725 • THENCE S 01°27'30" W, A DISTANCE OF 189.86' TO A 2" ALPINE ALUMINUM CAP; • THENCE 173.39' ALONG A CURVE CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S 15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM CAP; • THENCE S 31°39'21" E, A DISTANCE OF 101.25', TO A 2" ALPINE ALUMINUM CAP; • THENCE 173.39' ALONG A CURVE CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S 15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM CAP; DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment Page 4 of 6 • THENCE S 01°27'30" W, A DISTANCE OF 230.22' TO A CALCULATED POSITION; • THENCE N 88°42'01" W, A DISTANCE OF 200.36’ TO A CALCULATED POSITION; • THENCE N 01°17'59" E, A DISTANCE OF 380.00' TO A CALCULATED POSITION; • THENCE N 88°42'01" W, A DISTANCE OF 175.00' TO A CALCULATED POSITION; • THENCE N 01°17'59" E, A DISTANCE OF 450.89' TO A CALCULATED POSITION; • THENCE S 89°15'48" E, A DISTANCE OF 224.91' TO THE POINT OF BEGINNING, Containing An Area Of 186,372 Square Feet, 4.279 Acres, all as shown on the attached exhibit map. 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. DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment Page 5 of 6 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 20th day of September, 2022. ____________________________________ 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 ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 October 18 17November Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment Page 6 of 6 _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 LOT 6 LOT 15 CITY PARK LOTS 1-8 BLOCK 15 2.685 ACRES 116,980 S.F. CURRENT ZONING: R-3 PROPOSED ZONING: R-4 S 27TH AVEEXHIBIT AMADISON ENGINEERING 895 TECHNOLOGY BLVD, SUITE 203 BOZEMAN, MT 59718 PHONE (406) 586-0262 FAX (406) 586-5740 GRAN CIELO - CIELO WAY AND S. 27TH AVE. ZONE MAP AMENDMENT 1 inch = 0 SCALE 80 1604080 GRAN CIELO PH II BLOCK 15 LEGAL DESCRIPTION: LEGEND ZONE MAP AMENDMENT R-4 PROPOSED ZMA BOUNDARY LOT 1 0.145 AC. 6323 SF LOT 2 0.113 AC. 4922 S.F. LOT 3 0.113 AC. 4925 S.F. LOT 4 0.113 AC. 4928 S.F. LOT 5 0.113 AC. 4932 S.F. CIELO WAYALLEYALLEY BENNETT BOULEVARD S 27TH AVES 28TH AVELOT 6 0.240 AC. 10440 S.F. LOT 7 0.272 AC. 11867 S.F. LOT 8 1.576 AC. 68643 S.F. CIELO WAY S 28TH AVEZONE MAP AMENDMENT R-4 DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9