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Home My WebLink About22- Ordinance 2116 Lumberyard ZMAOrd 2116 Page 1 of 6 ORDINANCE 2116 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO AMEND 14.63 ACRES FROM B-2, COMMUNITY BUSINESS DISTRICT, TO B-2M COMMUNITY BUSINESS DISTRICT – MIXED, THE LUMBERYARD ZONE MAP AMENDMENT, APPLICATION 21458 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 Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 21458, the Lumberyard Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on April 5, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 2 of 6 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 requested B-2M 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 DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 3 of 6 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. 21458 the Lumberyard Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from B-2, Community Business District to B-2M Community Business District - Mixed: The property is described as: A tract of land described as Lots 1 and 2, Block 3, of the PT Land Phase 2 Subdivision (Plat J-498) and Lot 3A of the Amended Plat of Lot 3, Block 3, and Lot 6A of the PT Land Phase 2 Subdivision (Plat J-498A) and also portions of adjoining Street Rights of Ways and Easements, all of which are located within portions of the North West One Quarter of Section 1, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana., and more particularly described as follows: Beginning at a point (P.O.B) that is the Centerline/Centerline Intersection of North 15th Avenue and Patrick Street; • thence, N 02° 22' 29" E, along the centerline of said North 15th, a distance of 39.35 feet to the beginning of a non-tangential curve to the right; • thence continuing along said centerline, 164.21 feet along a curve to the right, with a radius of 299.97 feet, a delta angle of 31° 21' 52", and a chord bearing of N 18° 01' 15" E, with a chord distance of 162.17 feet to a point; • thence, N 33° 42' 09" E, along said centerline, a distance of 190.38 feet to the beginning of a curve to the left; • thence, continuing along said centerline, 87.03 feet along a curve to the left, with a radius of 300.00 feet, a delta angle of 16° 37' 16", and a chord bearing of N 25° 23' 31" E, with a chord distance of 86.72 feet to a point; • thence, N 17° 04' 53" E, along said centerline, a distance of 56.60 feet to a point being the intersection of South 15th Avenue and Tschache Lane; • thence, S 87° 51' 17" E, along said centerline of Tschache Lane, a distance of 1185.97 feet to a point being the intersection of Tschache Lane and North 11th Avenue; DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 4 of 6 • thence, S 01° 41' 44" W, along said centerline of South 11th Avenue, a distance of 490.18 feet to a point being the intersection of North 11th Avenue and Patrick Street; • thence, N 87° 55' 39" W, along said centerline of Patrick Street, a distance of 1382.78 feet to the P.O.B. Said area being 637,299 square feet or 14.63 acres more or less, along with and subject to all easements of record. 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 Codification. DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 5 of 6 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 24th day of May, 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: _______________________________ MIKE MAAS City Clerk DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96 7 June July 7 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 6 of 6 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 5F95D11C-15B3-4786-8B19-61C0F1691A96