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Home My WebLink About23- Ordinances 2127 - Ordinance Title Unknown DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D so2� 9x 'e<,r,�� ,►oaf's ORDINANCE NO. 2127 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE BLOCK 104, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, FROM M-1, LIGHT MANUFACTURING, TO B-2M, COMMUNITY BUSINESS MIXED, ON 3.554 ACRES, THE BLOCK 104 ZONE MAP AMENDMENT,APPLICATION 22100. 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,Part 2 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 a City block from M-1 to B-2M on 3.554 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on August 15, 2022 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. 22100, the Block 104 Zone Map Amendment, be approved as requested by the applicant (4:1); and Ord 2127 Page 1 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2127, Block 104 ZMA WHEREAS, after proper notice, the City Commission held its public hearing on August 23, 2022, 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(4:1). 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, has 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. Page 2 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2127, Block 104 ZMA 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, 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 the Block 104 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from M-1, Light Manufacturing, to B-2M, Community Business Mixed District: The property is described as: A tract of land, said tract being all of Block 104 and portions of Aspen Street, Tamarack Street, Wallace Avenue, Ida Avenue, and Front Street in the Plat of the Northern Pacific Addition to the City of Bozeman, said tract being located in the Southeast Quarter of Section 6, Township 2 South, Range 6 East, Principal Meridian Montana, said tract being further described as follows: Commencing at the northwest corner of said Block 104; thence N44°52'41"W, a distance of 41.84' to the Point of Beginning; thence North 89°19'18" East, on the centerline of Tamarack Street, a distance of 370.98 feet; thence South 37°13'59" East, on the northeasterly right-of-way line of Front Street, a distance of 131.83 feet; thence South 00°56'01" West, on the centerline of Ida Avenue, a distance of 254.89 feet; thence South 89°23'42" West, on the centerline of Aspen Street, a distance of 452.46 feet; thence North 00°55'59" East, on the centerline of Wallace Avenue, a distance of 360.25 feet to the Point of Beginning. The described tract has an area of 3.645 acres,more or less. The described tract is as shown on the accompanying exhibit and is along with and subject to any existing easements. 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 Page 3 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2127, Block 104 ZMA 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. 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. Page 4 of 5 DocuSign Envelope ID: B67AOED7-1FEA-416D-9E26-D74CB71A310D Ordinance No. 2127, Block 104 ZMA PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 15th day of November, 2022. DocuSigned by: CYNTHIA L. ANDRUS Mayor DocuSigned by: ATTEST: DocuSigned by: 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 6 of December , 2022. The effective date of this ordinance is January �2023 DocuSigned by: CYNTHIA L. ANDRUS Mayor ATTEST: DocuSigned by: DocuSigned by: E alec, hms .5 F41 F922095AB475... MIKE MAAS City Clerk APPROVED AS TO FORM: DocuSigned by: GREG SULLIVAN City Attorney Page 5 of 5 DocuSign Envelope ID: B67A0ED7-1FEA-416D-9E26-D74CB71A310D IDA AVENUE ZONE MAP AMENDMENT ZONING B-2M(PREVIOUSLY ZONED M-1) A TRACT OF LAND BEING ALL OF BLOCK 104&PORTIONS OF ASPEN STREET,TAMARACK STREET,WALLACE AVENUE, IDA AVENUE,&FRONT STREET IN THE PLAT OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, LOCATED IN THE SE 114 OF SECTION 6,T2S, R6E, PMM,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA AREA:3.554 ACRES (COMPUTED AREA IN SQAURE FEET: 154,832) HLOOg 1f0 1 C_23-A3 P/L 7 q ZONING M- BLOZ Nrx,M-1 w P/L POINT OF BEGINNING WATER MAIN TYP. FROM CITY OF BOZEMAN GIS ® w ESD ——— ESD —— ESD N89'19'18"E 339.88' — — N44• 1"w EW EW — — ESS ES —�a1 ak`" — LW TAMARACK STREET A7 RAILROAD P/L (RECORD WIDTH 60') P/4 \ ZONING'M-z r-1 P/L FPOIN� OF C MMENC� �MENT w I LOT 5 LOT O A7 I LOT LOT I LOT LOT LOT 10 I LOT 13 LOT 14 `F LOT 1 LOT 2 LOT 3 T 4 7 8 9 � W i1 T 15 \ry5\ IBDILDING9 TYP. I LOT 1 LOT 12 � \ FROM AERIAL IMAGERY B OCK 10 I ILOT i6\\ `� Z Q7 I30.00• I ,/d T/d ALLEY BL0CK 109J pIEH�MU� a (RECORD WIDTH 16FIL Zoxtxc w P/L ZMA BOUNDARY \ aAa LOT 2g 6J T 2q CALCULATED AREA uLpT 32 LOT 31 LOT 30 LOT 29 3.554 ACRES U� O G s BLOCK f02 1 W o ZONING M� LOT 26 1 LOT 261 LOT 24 L0T 23 LOT 22 I LOT 21 LOT 2t7 LOT 19 I LOT 781 LOT 17 6 0 I'TJ Vd I I 'l/d _ v STORM DRAIN TYP. FROM CITY OF BOZEMAN GIS w „ S89`23'42"W 45 ——— — ESS ——- ESS ————— ASPEN STREET / VACATED (RECORD WIDTH 60•) SANITARY SEWER TYR ASPEN STREET (NOT CONSTRUCTED) FROM CITY OF BOZEMAN GIS P/L P/L P/L P/L BLOCK fp8 �Og fO5 BLOCK gEHMU B NEHMU NEHAfU ZONING ZONING ZONING BASIS OF BEARING: WGS 84 AS DETERMINED BY SURVEY GRADE GIPS RECEIVERS WITH A CENTRAL MERIDIAN RUNNING THROUGH LAT. 45°39'40.38" N LONG. 1 1 1°0242.01" W N SURVEYOR CERTIFICATE I, Bradley S. Tainer, do hereby certify that this exhibit is based field work performed by me or under my direct supervision on February 2, 2022 and that the information shown hereon is true and correct to the 0 80' best of my knowledge. Dated this __ day of -------------- 20—_ S C A L E DRAWN BY: BST TDB E: 2123122FB QUALITY CHECK: DAT : 20714 Bradley S. Tainer, PLS Engineering JOB NO. B22-002 Montana License No. 75545 LS CAD NO. 22002ZMA1.dw mne smee�s.=om LAYOUT: 8.5X11