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Home My WebLink About22- Ordinances 2097 - Mountains Walking Zone Map Amendment, App 21319 DocuSign Envelope ID:AEB4A352-8ADF-47FB-BCDO-FF12BEDF47EB Bo2�, k ORDINANCE 2097 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND THE ZONING DESIGNATION ON 1.25 ACRES FROM M-1 LIGHT MANUFACTURING DISTRICT TO B-2M COMMUNITY BUSINESS DISTRICT — MIXED, APPLICATION 21319. 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,Division 260,Part 2 of the Bozeman Unified Development Code sets for 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 has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 25, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission's motion to approve Mountains Walking ZMA application No. 21319 as requested by the applicant failed 1-4; and Ord 2097 Page 1 of 5 DocuSign Envelope ID:AEB4A352-8ADF-47FB-BCDO-FF12BEDF47EB Ordinance No. 2097, Mountains Walking Zone Map Amendment WHEREAS, after proper notice, the City Commission held its public hearing on November 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; and 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. The applicant submitted an application to rezone two parcels to B-2M from R-2 and M-1, with the rezone of the R-2 zoned property contingent upon a growth map amendment to change the Urban Neighborhood future land use designation in the Bozeman Community Plan 2020 to Community Commercial Mixed Use. 5. 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. 6. The two required public hearings were advertised as required in state law and municipal code and all persons had the opportunity to review the materials applicable to the application and provide comment prior to a decision. 7. 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 did not have a favorable recommendation of approval of the amendment to establish the B2M zoning district on the property; and 8. 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. Page 2 of 5 DocuSign Envelope ID:AEB4A352-8ADF-47FB-BCDO-FF12BEDF47EB Ordinance No. 2097, Mountains Walking Zone Map Amendment 9. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 10. The City Commission did not approve the growth policy amendment for the Urban Neighborhood land use parcel, thus broke the request for the rezone of two parcels into separate motions. 11. 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 Mountains Walking Zone Map Amendment for Lot 2 1 A have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as B- 2M, Community Business District—Mixed: Lot 21A of the Amended Plat of Lots 21-24 in Block 50 & Lots 24-29 in Block 53 & Portions of Vacated Orange Street in Northern Pacific Addition to the City of Bozeman, located in the Northeast One-Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows; See Exhibit A 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. Page 3 of 5 DocuSign Envelope ID:AEB4A352-8ADF-47FB-BCDO-FF12BEDF47EB Ordinance No. 2097, Mountains Walking Zone Map Amendment 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. 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 Amendment". 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 08 day of February, 2022. rDocuftned by: CYNTHIA L. ANDRUS Mayor DocuSigned by: ATTEST. i 601E. DocuSigned by: f •'y .i 'J. I• N Lt, Nt asS MIKPP MTK975... - 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 01 day of March, 2022. The effective date of this ordinance is April, 01, 2022. Page 4 of 5 DocuSign Envelope ID:AEB4A352-8ADF-47FB-BCDO-FF12BEDF47EB Ordinance No. 2097, Mountains Walking Zone Map Amendment DocuSigned by: 85588C7C1BB14E6_. CYNTHIA L. ANDRUS Mayor ATTEST: DocuSigned by: �2-�9 DocuSigned by: y.. Nl tl�t, ham � eM- MIKE MAAS City Clerk APPROVED AS TO FORM: igned by:DocuS SAS GREG SULLIVAN City Attorney Page 5 of 5 DocuSign Envelope ID:AEB4A352-8ADF-47FB-BCDO-FF12BEDF47EB Exhibit A LEGAL DESCRIPTION Lot 21A of the Amended Plat of Lots 21-24 in Block 50& Lots 24-29 in Block 53 & Portions of Vacated Orange Street in Northern Pacific Addition to the City of Bozeman, located in the Northeast One-Quarter of Section 7,Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows; Beginning at the Southeast Corner of said Lot 21A; thence North 74°23'01" West along the south line of said Lot 21A, a distance of 141.75 feet to the Southwest Corner of said Lot 21A said point being on the easterly Right-of-Way of Plum Avenue; thence continuing North 74°23'01" West a distance of 30.00 feet, to the centerline of Plum Avenue; thence along the centerline of Plum Avenue through the following courses; North 15°23'13" East, a distance of 159.49 feet; North 15°25'43" East a distance of 220.90 feet,to the intersection of the Plum Avenue centerline and the Avocado Street centerline; thence South 38°08'57" East along the centerline of Avocado Street, a distance of 213.27 feet; thence South 15°22'16" West a distance of 37.31 feet,to the Northeast Corner of said Lot 21A; thence continuing South 15°22'16" West along the east line of said Lot 21A, a distance of 217.02 feet to the point of beginning. Said tract of land being 54,485 sqft/1.25 acres. D—Sign Envelope It:AEB4A352-8ADF47FB-BCDO-FFI2BEDF47EB Exhibit B MOUNTAINS WALKING 2021 ZONE MAP AMENDMENT BEING LOT]LOT 21A OF THE AMENDED]PLAT OF LOTS 21-24 IN BLOCK 50&LOTS 24-29 IN BLOCK 53 & ]PORTIONS OF VACATED ORANGE STREET IN NORTHERN]PACIFIC ADDITION TO THE CITE'OF BOZEMAN, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH,(RANGE 6 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA FIND%" REBAR ZONING CHANGE EXTENTS s M-1 FIND AL.CAP ZONING / s 43q (12251S) �S,s CID / �l N R-2 . / ZONING tpl Ilk 60'WIDE S� ROW N 0c9 F <W io h 2 LOT 21A \ ®®® PLAT C-23-A33 \ 38,036 sqft EXISTING \ M-I ZONING \ / PROPOSED / B-2M ZONING `\ / 60'WIDE RROW I h a 3 ZONING M � ,N ,W 30' h ti 2 N / BLOOK 53 50& I 16'WIDE ALLEY R-2 ZONING 00, END Y / REBAR ZONING 4 CHANGE EXTENTS / 7473'pl.,w �<T.75, / 171.7,5, / LOT ZO 1'W.C. LOTS POINT OF FND AL.CAP 4& BEGINNING 02251S) / LOT 19 M ZONING / ND AL. CAP LOT 18 R-2 ONING E LEGEND PROPERTY LINE ZONING CHANGE LINE ADJOINING PROPERTY LINE ROAD CENTERLINE • FOUND MONUMENT AS NOTED W.C* FOUND WITNESS CORNER AS NOTED 9 E LEGAL E DESCRIPTION Lot 21A of the Amended Plat of Lots 21-24 in Block 50 & Lots 24-29 in Block 53 & Portions of Vacated Orange Street in Northern BASIS OF BEARING,COORDINATES Pacific Addition to the City of Bozeman, located in the Northeast One-Quarter of Section 7, Township 2 South, Range 6 East, BEARINGS SHOWN ARE MONTANA STATE PLANE GRID. Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows; DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET. MONTANA COORDINATE SYSTEM NAD 83 Beginning at the Southeast Corner of said Lot 21A; HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATING thence North 74'23'01" West along the south line of said Lot 21A, a distance of 141.75 feet to the Southwest Corner of said Lot 21A REFERENCE STATION �. said point being on the easterly Right-of-Way of Plum Avenue; PID DESIGNATION s P 9 Y 9 Y R DK7547 MTSU BOZEMAN COPS ARP i thence continuing North 74°23'01" West a distance of 30.00 feet, to the centerline of Plum Avenue; € thence along the centerline of Plum Avenue through the following courses; 0 20 40 60 MONTANA STATE PLANE NAD 83(2011)(EPOCH:2010.0000) North 15*23:13" East, a distance Of 159.49 feet; NORTH LATITUDE 45'39'40.37689" North 15°2543" East a distance of 220.90 feet, to the intersection of the Plum Avenue centerline and the Avocado Street centerline; WEST LONGITUDE 111.02'42.00898" UNITS: INTERNATIONAL FEET thence South 38°08'57" East along the centerline of Avocado Street, a distance of 213.27 feet; SCALE: 1 INCH = 20 FEET ConvergeDce Ongle: -01'07'49" thence South 15'22'16" West a distance of 37.31 feet, to the Northeast Corner of said Lot 21A; thence continuing South 15'22'16" West along the east line of said Lot 21A, a distance of 217.02 feet to the point of beginning. Said tract of land being 54,485 sqft/1.25 acres. DISCOVERY DRIVE Civil PROJECT EURVEVDR:CUP SHEET B Engineering BOZEMAN,MT 59718 ORAaN ev:kw0 OF PHONE(406)582-0221 Geotechnical Engineering pLL1ED FAX(406,582-57]0 RENEl4ED BY:OLF PROJECT No.20-144 wmv.allietlengineenng.c0m Land Surveying 7 2S 6E DATE:12/15/21 \E..y\Z—MAP. g