HomeMy WebLinkAbout24- Ordinances 2167 - Adoption of the MSU Innovation Campus Planned Development Zone Map Amendment on Invention Dr.Ord 2167
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ORDINANCE 2167
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE
41.97 ACRES AS THE MSU INNOVATION CAMPUS PLANNED DEVELOPMENT
ZONE, KNOWN AS THE MSU INNOVATION CAMPUS PLANNED DEVELOPMENT
ZONE MAP AMENDMENT FROM B-P, BUSINESS PARK, TO B-2, COMMUNITY
BUSINESS DISTRICT, APPLICATION 24216.
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, the City of Bozeman has adopted Ordinance 2104 creating Planned
Development Zone option to encourage flexibility and innovation as described in division 38.430,
Bozeman Municipal Code; and
WHEREAS, Pursuant to section 38.430.030, Planned Development Zone districts
adopted pursuant to this division must be implemented through the creation of new zoning
districts through zoning map and text amendments as described in division 38.260, and shall be
labeled on the base zone district layer of the city's official zoning map as "PDZ." Individual PDZ
are not added to or listed in 38.300.020; 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 amendment requests;
and
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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, Chapter 38, Article 4, Division 430, Section 080 of the Bozeman Unified
Development Code sets the procedures and review criteria for planned development zones; and
WHEREAS, the proposed planned development zone application to amend the City of
Bozeman Zoning Map to establish a planned development zone beginning from the provisions of
the B-2, Community Business District, for approximately 41.97 acres and specific adjustments and
waiver to non-procedural development standards listed in Section 2 of this Ordinance; and
WHEREAS, the proposed planned development zone application to amend the City of
Bozeman Zoning Map and establish standards for the subject property to establish a planned
development zone beginning from the provisions of a zoning classification of B-2, Community
Business District, for approximately 41.97 acres has been properly submitted, reviewed, and
advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on February 5, 2024, to receive and
review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 23293 the MSU Innovation Campus Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on February
27, 2024, and continued to March 19, 2024, to receive and review all written and oral testimony
on the request for the zone map amendment and planned development zone; and
WHEREAS, the City Commission has reviewed and considered the zone amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone amendment
would be in compliance with the criteria; and
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WHEREAS, the City Commission has reviewed and considered the planned development
zone criteria established in Section 38.430.090, Bozeman Municipal Code, and found that the
proposed planned development zone is 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. The City of Bozeman adopted Ordinance 2104 creating Planned Development Zone option
to encourage flexibility and innovation as described in section 38.430, Bozeman Municipal
Code;
4. Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures
and review criteria for zoning map amendments;
5. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
6. Planned development zones must meet or exceed the criteria for approval in Section
38.430.090, Bozeman Municipal Code;
7. A staff report analyzing the required criteria for a zone amendment and planned
development code, including accordance to the Bozeman Community Plan 2020, found
that the required criteria are satisfied;
8. The two required public hearings were advertised as required in state law and municipal
code and all persons had opportunity to review the materials applicable to the application
and provide comment prior to a decision;
9. The Bozeman Zoning Commission was established as required in state law and conducted
their required public hearing; and after consideration of application materials, staff analysis
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and report, and all submitted public comment recommended approval of the application.
10. 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.
11. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
12. 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 the MSU
Innovation Campus Planned Development Zone have been satisfied.
Section 2
Intent
The MSU Innovation Campus goal is to support the research, technology transfer, entrepreneurial,
and economic development activities of the local private sector, Montana State University, the
overall region, and the state. Utilizing section 38.430.050.C, Sustainability / Resilient Design PDZ,
the MSU Innovation Campus will utilize five (5) adjustments and waivers to non-procedural
development standards to encourage more intensive development on the parcel.
Section 3
That the “Base Zoning District” zoning district designation of the following-described property
is hereby designated as B-2, Community Commercial District:
An area of land comprised described as follows:
Generally located between West College and Garfield Streets and centered on
Invention Drive. More particularly described as Tract C1-A of the Amended Plat of
West College Minor Subdivision No. 195B along with the south 70 feet of West
College Street right of way, located in the NW 1/4 and the NE 1/4 of Section 14,
Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin
County, Montana.
More particularly described as, Tract C1-A of the Amended Plat of West College Minor
Subdivision No. 195B along with the south 70 feet of West College Street right of way,
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located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof
on file and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana, and being more particularly described as follows:
Commencing from the northwest corner of said Tract C1-A, the Point of Beginning;
thence N.0°56'55"E. a distance of 70.01 feet to the north line of Section 14, Township 2
South, Range 5 East; thence S.89°48'31"E. along said north line a distance of 1154.59 feet;
thence S.0°11'29"W. a distance of 70.00 feet to the northeast corner of said Tract C1-A;
thence S.14°31'55"E. a distance of 215.29 feet; thence S.38°53'42"W. a distance of 308.00
feet; thence S.49°30'45"E. a distance of 387.64 feet to the north right of way of Technology
Blvd. West; thence along a curve to the left having a radius of 270.00 feet, a central angle
of 6°28'12", for an arc length of 30.49 feet, for a chord bearing of N.49°40'17”E., a chord
distance of 30.47 feet; thence S.46°27'28"E. a distance of 60.06 feet to the south right of
way of Technology Blvd. West; thence along a curve to the right having a radius of 330.00
feet, a central angle of 20°32'12", for an arc length of 118.28 feet, a chord bearing of
S.56°10'41”W., for a chord distance of 117.65 feet; thence S.0°05'19"W. a distance of
475.68 feet to the south side of the Public Street and Utility Easement # 2127250; thence
N.89°54'05"W. a distance of 1311.68 feet; thence S.89°49'37"W. a distance of 270.57 feet;
thence N.0°02'48"E. a distance of 935.95 feet; thence N.75°20'59"E. a distance of 276.96
feet; thence S.89°52'33"E. a distance of 29.99 feet; thence N.0°56'55"E. a distance of
259.17 feet to the Point of Beginning.
The area of the above-described parcel of land is 43.85 acres, more or less.
Section 4
Adjustment and Waivers
This application is proposing the creation of a Planned Development Zone based on
the B-2 Community Business District zone with the following standards and
relaxations and all others remaining as presently written:
1. Table 38.310.040.D. Permitted industrial and wholesale uses in commercial,
mixed-use, and industrial zoning districts. The uses Manufacturing (light)
and Manufacturing (moderate) to be defined as Principal uses within the
MSU Innovation Campus PDZ district.
2. Sec. 38.540.050. Number of parking spaces required. Requirements within
the MSU Innovation Campus PDZ district. The minimum parking
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requirements of the Bozeman UDC do not apply within the MSU Innovation
Campus PDZ district.
3. Sec. 38.320.050. Form and intensity standards --- Non-residential and other
mixed-use districts. Maximum Building Height. The maximum building
height within the MSU Innovation Campus PDZ district will be 120’ for a
roof pitch less than 3:12, and 135’ for a roof pitch greater than 3:12. Or, the
maximum height allowed within a B-2 district, whichever is greater.
4. Sec. 38.560.060. – Signs permitted upon the issuance of a sign permit. Non-
Residential Sign Standards. The maximum square feet area of allowed
signage within the MSU Innovation Campus PDZ district will be 400 per
building.
5. Sec. 38.530.070. Blank Wall Treatments. Within the MSU Innovation
Campus PDZ district the definition of a blank wall requiring mitigation will
be: A wall (including building facades and retaining wall) is considered a
blank wall if it is over 24 feet in height, has a horizontal length greater than
30 feet, and does not include a transparent window or door.
Section 5
Based on the Unified Development Code adopted at the time of this Ordinance.
Section 6
Permissive. The more permissive standard rules. If city code is amended the more
permissive prevails.
Section 7
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 8
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
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provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 9
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 10
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 11
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 12
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of _______________, 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 ____ of
________________, 2024. The effective date of this ordinance is _____________, ____, 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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