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Home My WebLink About21- Ordinance 2075 Nexus Point 2021 ZMA App. 20389Page 1 of 5 ORDINANCE 2075 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 6.99 ACRES FROM R-O, RESIDENTIAL OFFICE DISTRICT TO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, KNOWN AS THE NEXUS POINT 2021 ZONE MAP AMENDMENT, APPLICATION 20389. 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 37 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 6.99 acres from R-O (Residential Office 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 January 25, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and DocuSign Envelope ID: DA1F816F-C7B2-4D92-8631-916891B36076 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20389 the Nexus Point 2021 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on February 23, 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 that certain portion of Lot 1 of the Amended Plat of Lot 1 of Minor Subdivision No. 235 (Plat reference 235B) located in the Northeast Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described below: Beginning at the Northwest corner of Lot 1 of the Amended Plat of Lot 1 of Minor Subdivision No. 235 (Plat reference 235B), thence along the south line of Lot 5A of the Amended Plat of Lot 5 and Lot 6, Genesis Business Park Subdivision South 89°31'03" East, a distance of 37.01 feet to the centerline of Arnold Street; thence along said centerline the three (3) following courses; 1) South 34°49'35" East, a distance of 208.93 feet; 2) along a curve turning to the left with an arc length of 143.28', with a radius of 150.00', with a chord bearing of South 62°11'26" East, with a chord length of 137.89', with a delta angle of 54°43'43"; 3) South 89°33'18" East, a distance of 280.12 feet to the centerline of South 21st Avenue; thence along said centerline the four (4) following courses; 1) South 00°06'14" West, a distance of 229.44 feet; 2) thence along a curve turning to the left with an arc length of 91.81', with a radius of 150.00', with a chord bearing of South 17°25'48" East, with a chord length of 90.38', with a delta angle of 35°04'06"; 3) thence with a reverse curve turning to the right with an arc length of 93.84', with a radius of 150.00', with a chord bearing of South 17°02'33" East, with a chord length of 92.32', with a delta angle of 35°50'37"; 4) thence South 00°14'12" East, a DocuSign Envelope ID: DA1F816F-C7B2-4D92-8631-916891B36076 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 3 of 5 distance of 73.91 feet to a point on the North line of Lot 2 of Minor Subdivision No. 235; thence along said line South 89°49'56" West, a distance of 609.26 feet to a point on the East line of Meadow Creek Subdivision, Phase 1; thence along the East line of said subdivision and lot 27 of the Genesis Business Park Subdivision, respectively, North 00°15'09" West, a distance of 717.96 feet to the Point of Beginning. Containing in area 304,798 square feet (6.997 acres). Subject to existing easements. All as depicted on the NEXUS POINT 2021 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. Section 5 Codification. DocuSign Envelope ID: DA1F816F-C7B2-4D92-8631-916891B36076 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 4 of 5 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 4th day of May, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk DocuSign Envelope ID: DA1F816F-C7B2-4D92-8631-916891B36076 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 5 of 5 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 25th day of May, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: DA1F816F-C7B2-4D92-8631-916891B36076 DocuSign Envelope ID: DA1F816F-C7B2-4D92-8631-916891B36076