HomeMy WebLinkAbout24- Ordinances 2164 - Nexus Point Zone Map Amendment, App 23204Ord 2164
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ORDINANCE 2164
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON LOT 1 OF
MINOR SUBDIVISION 235B, S23, T02S, R05E FROM R-O (RESIDENTIAL OFFICE) TO
R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) CONTAINING 10.16 ACRES, B-2M
(COMMUNITY BUSINESS DISTRICT-MIXED) CONTAINING 1.49 ACRES, AND PLI
(PUBLIC LANDS AND INSTITUTIONS CONTAINING 1.33 ACRES. THE NEXUS
POINT ZONE MAP AMENDMENT, APPLICATION 23204.
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 March 18, 2024, the
Bozeman Community Development Board in their capacity as the Zoning Commission
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Ordinance No. 2164, Nexus Point Zone Map Amendment
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recommended to the Bozeman City Commission that application No. 2 3204, the Nexus Point Zone
Map Amendment, be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on April 2,
2024, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission 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;
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Ordinance No. 2164, Nexus Point Zone Map Amendment
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6. The Bozeman Zoning Commission, which responsibilities have been assigned to the
Community Development Board, 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 R-4, B-2M, and PLI districts.
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,
Community Development Board recommendation, all submitted public comment, and all
other relevant information.
9. The City Commission determines that, as set forth in the staf f report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
23204 the Nexus Point Zone Map Amendment have been satisfied and no spot zoning
occurs.
Section 2
That the zoning district designations of the following-described property is hereby established as
R-4 (Residential High Density District):
Legal Description
All that certain portion of Nexus Point Subdivision being Lot 1, Block 1, Lot 3, Block 1,
Lot 1, Block 2, and Lots 3 and 4 of Block 2 together with portions of Arnold Street and
South 21st Avenue located in the NE ¼ of Section 23 Township 2 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 tract at a point on the west right-
of-way line of South 19th Avenue; thence along said right-of-way line the three (3)
following courses; 1) South 00˚33’00” East, a distance of 370.70 feet; 2) North 89˚22’02”
West, a distance of 9.89 feet; 3) South 00˚43’58” East, a distance of 333.48 feet to the
northeast corner of Lot 1, Block 1, Parkland of Minor Subdivision Number 235C; thence
along the north line of said Parkland South 89˚49’56” West, a distance of 114.48 feet to
the southeast corner of Park No. 1, Block 2; Nexus Point Subdivision; thence along the
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Ordinance No. 2164, Nexus Point Zone Map Amendment
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east line of said Park the five (5) following courses; 1) North 00˚15’42” West, a distance
of 18.39 feet; 2) North 13˚18’18” West, a distance of 27.98 feet; 3) North 07˚14’30” East,
a distance of 31.57 feet; 4) North 00˚12’53” West, a distance of 33.61 feet; 5) South
89˚46’59” West, a distance of 5.99 feet to the east line of Lot 2, Block 2, Nexus Point
Subdivision; thence along said east line the five (5) following courses; 1) North 06˚27’05”
West, a distance of 46.56 feet; 2) North 10˚08’23” East, a distance of 27.68 feet; 3) North
04˚50’20” East, a distance of 13.80 feet; 4) North 15˚30’19” West, a distance of 43.46 feet;
5) North 00˚45’44” East, a distance of 60.52 feet to the South right-of-way line of Arnold
Street; thence through Arnold Street North 00˚13’00” West, a distance of 30.00 feet to the
centerline of Arnold Street; thence along said centerline North 89˚47’00” East, a distance
of 9.56 feet; thence continuing through said Arnold Street North 00˚13’00” West, a
distance of 30.00 feet to the southeast corner of Lot 2, Block 1 of said Nexus Point
Subdivision; thence along said Lot 2, Block 1 the ten (10) following courses; 1) North
00˚00’55” East, a distance of 63.02 feet; 2) North 03˚25’19” West, a distance of 57.13 feet;
3) North 15˚56’53” West, a distance of 15.46 feet; 4) North 69˚48’41” West, a distance of
34.99 feet; 5) North 62˚54’36” West, a distance of 30.59 feet; 6) North 72˚04’54” West, a
distance of 43.76 feet; 7) North 65˚53’36” West, a distance of 21.81 feet; 8) South
86˚01’05” West, a distance of 23.09 feet; 9) North 58˚16’17” West, a distance of 7.97 feet;
10) South 34˚38’39” West, a distance of 109.59 feet to the north right-of-way line of
Arnold Street; thence through Arnold Street South 38˚00’46” West, a distance of 30.00
feet to a point in the centerline of Arnold Street; thence along said centerline the two (2)
following courses; 1) South 51˚59’14” East, a distance of 122.93 feet; 2) along a cu rve
turning to the left with an arc length of 26.66’, with a radius of 150.00’, with a chord
bearing of South 60˚26’49” East, with a chord length of 26.62’, with a delta angle of
16˚10’56”; thence through said Arnold Street and along the west line of Lot 2, Block 2 of
said Nexus Point Subdivision, respectively, South 24˚27’42” West, a distance of 40.00
feet; thence continuing along the west line of said Lot 2, Block 2 South 00˚34’10” East, a
distance of 187.06 feet to the north line of Park No. 1, Block 2 o f said Nexus Point
Subdivision; thence along said north line South 89˚46’59” West, a distance of 330.78 feet
to the east right-of-way line of South 21st Avenue; thence through South 21st Avenue South
75˚50’45” West, a distance of 30.00 feet to the centerline of South 21st Avenue; thence
along said centerline the three (3) following courses; 1) along a curve turning to the left
with an arc length of 54.48’, with a radius of 150.00’, with a chord bearing of North
24˚33’33” West, with a chord length of 54.18’, with a delta angle of 20˚48’37”; 2) along a
reverse curve turning to the right with an arc length of 91.81’, with a radius of 150.00’,
with a chord bearing of North 17˚25’48” West, with a chord length of 90.38’, with a delta
angle of 35˚04’06”; 3) North 00˚06’14” East, a distance of 229.44 feet to the centerline of
Arnold Street; thence along said centerline the three (3) following courses; 1) North
89˚33’18” West, a distance of 280.12 feet; 2) along a curve turning to the righ with an arc
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Ordinance No. 2164, Nexus Point Zone Map Amendment
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length of 143.28’, with a radius of 150.00’, with a chord bearing of North 62˚11’26”, West,
with a chord length of 137.89’, with a delta angle of 54˚43’43”; 3) North 34˚49’35” West,
a distance of 208.93 feet to the south line of Lot 5A of the Amended Plat of Lot 5 and Lot
6, Genesis Business Park Subdivision; thence along the south line of said Lot 5A and Tract
1 of Certificate of Survey Number 1969, respectively, S 89˚31’03” East, a distance of
1190.91 feet to the Point of Beginning.
Said tract containing in area 10.169 acres and is subject to any existing easements.
Section 3
That the zoning district designations of the following-described property is hereby established as
B-2M (Community Business District-Mixed):
Legal Description
All that certain portion of Nexus Point Subdivision being Lot 2, Block 1 and Lot 2, Block
2 together with portions of Arnold Street located in the NE ¼ of Section 23 Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Mon tana, being more
fully bounded and described as follows:
Beginning at the southeast corner of Lot 1, Block 1 of said Nexus Point Subdivision; thence
along the east line of said Lot 1 North 34˚38’39” East, a distance of 109.59 feet to Lot 3,
Block 1 of said Nexus Point Subdivision; thence along said Lot 3 the nine (9) following
courses; 1) South 58˚16’17” East, a distance of 7.97 feet; 2) North 86˚01’05” East, a
distance of 23.09 feet; 3) South 65˚53’36” East, a distance of 21.81 feet; 4) South
72˚04’54” East, a distance of 43.76 feet; 5) South 62˚54’36” East, a distance of 30.59 feet;
6) South 69˚48’41” East, a distance of 34.99 feet; 7) South 15˚56’53” East, a distance of
15.46 feet 8) South 03˚25’19” East, a distance of 57.13 feet; 9) South 00˚00’55” West, a
distance of 63.02 feet, to the north right-of-way line of Arnold Street; thence through said
Arnold Street South 00˚13’00” East, a distance of 30.00 feet to the centerline of Arnold
Street; thence along said centerline South 89˚47’00” West, a distance of 9.56 feet; thence
through said Arnold Street South 00˚13’00” East, a distance of 30.00 feet to the west line
of Lot 1, Block 2 of said Nexus Point Subdivision; thence along said west line the five (5)
following courses; 1) South 00˚45’44” West, a distance of 60.52 feet; 2) South 15˚30’19”
East, a distance of 43.46 feet; 3) South 04˚50’20” West, a distance of 13.80 feet; 4) South
10˚08’23” West, a distance of 27.68 feet; 5) South 06˚27’05” East, a distance of 46.56 feet
to the north line of Park No. 2, Block 2 of Nexus Point Subdivision; thence along said north
line the two (2) following courses: 1) South 89˚46’59” West, a distance of 135.16 feet; 2)
North 00˚19’45” West, a distance of 10.00 feet to the southeast corner of Lot 3, Block 2 of
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Ordinance No. 2164, Nexus Point Zone Map Amendment
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said Nexus Point Subdivision; thence along the east line of said Lot 3 North 00˚34’10”
West, a distance of 187.06 feet; thence continuing along said east line and through Arnold
Street, respectively, North 24˚27’42” East, a distance of 40.00 feet to the centerline of
Arnold Street; thence along said centerline the two (2) following courses; 1) along a curve
turning to the right with an arc length of 26.66’, with a radius of 150.00’, with a chord
bearing of North 60˚26’49” West, with a chord length of 26.62’, with a delta angle of
10˚10’57”; 2) thence North 51˚59’14” West, a distance of 122.93 feet; thence through said
Arnold Street North 38˚00’46” East, a distance of 30.00 feet to the Point of Beginning.
Said tract containing in area 1.493 acres and is subject to any existing easements.
Section 4
That the zoning district designations of the following-described property is hereby established as
PLI (Public Lands and Institutions):
Legal Description
All that certain portion of Nexus Point Subdivision being Park No. 1, Block 2 together with
portions of South 21st Avenue located in the NE ¼ of Section 23 Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as
follows:
Beginning at the southwest corner of Lot 4, Block 2 of said Nexus Point Subdivision; thence along
the south line of Lot 4 and Lot 3, Block 2 of said Nexus Point Subdivision, respectively, North
89˚46’59” East, a distance of 330.76 feet; to the west line of Lot 2, Block 2 of said Nexus Point
Subdivision; thence along the west and south line of said Lot 2, Block 2, respectively, the two (2)
following courses; 1) South 00˚19’45” East, a distancer of 10.00 feet; 2) North 89˚46’59” East, a
distance of 141.15 feet to the west line of Lot 1, Block 2 of said Nexus Point Subdivision; thence
along said west line the four (4) following courses; 1) South 00˚12’53” East, a distance of 33.61
feet; 2) South 07˚14’30” West, a distance of 31.57 feet; 3) South 13˚18’18” East, a distance of
27.98 feet; 4) South 00˚15’42” East, a distance of 18.39 feet to the north line of Lot 1, Block 1,
Parkland of Minor Subdivision Number 235C; thence along the north line of said Parkland South
89˚49’56” West, a distance of 468.91 feet to the west right-of-way line of South 21st Avenue;
thence through South 21st Avenue South 89˚49’56” West, a distance of 30.00 feet to the centerline
of South 21st Avenue; thence along said centerline the two (2) following courses; 1) North
00˚14’12” West, a distance of 73.91 feet; 2) along a curve turning to the left with an arc length of
39.36’, with a radius of 150.00’, with a chord bearing of North 06˚38’14” West, with a chord
length of 39.24’, with a delta angle of 15˚02’01”; thence through South 21st Avenue North
75˚50’45” East, a distance of 30.00 feet to the Point of Beginning.
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Ordinance No. 2164, Nexus Point Zone Map Amendment
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Said tract containing in area 1.338 acres and is subject to any existing easements.
Section 5
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 6
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 7
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 8
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.”
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Ordinance No. 2164, Nexus Point Zone Map Amendment
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Section 9
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after fin al adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on th e 21st day of May 2024.
____________________________________
TERENCE CUNNINGHAM
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 4th day of
June 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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