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HomeMy WebLinkAbout25- Ordinances 2025-05 - Gallatin Center Zone Map Amendment, App 24626Ord 2025-05 Page 1 of 6 ORDINANCE 2025 - 05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 67.709 ACRES FROM B-2 AND B-P TO B-2M, COMMUNITY COMMERCIAL MIXED DISTRICT, KNOWN AS THE GALLATIN CENTER ZONE MAP AMENDMENT, APPLICATION 24626. 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 proposed zone map amendment application to amend the City of Bozeman Zoning Map to change zoning classification of B-2 (Community Commercial) and B-P (Business Park) to B-2M (Community Commercial Mixed) on 67.704 acres plus the adjacent right-of-way has been properly submitted, reviewed, and advertised; and Docusign Envelope ID: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 Page 2 of 6 Ordinance 2025 - 05 Zoning Ordinance WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on June 16, 2025, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 24626 the Gallatin Center Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on July 1, 2025, 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. 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; Docusign Envelope ID: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 Ordinance 2025 - 05 Zoning Ordinance Page 3 of 6 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 application. 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 Gallatin Center Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Commercial Mixed: A tract of land being the remainder of Lot 3 of Minor Subdivision 210, located in the SE1/4 of Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: Beginning at the northwest corner of said tract, being the point of intersection of the south right-of-way of Cattail Street and the north-south mid-section line of said Section 35, thence along the south right-of-way of Cattail Street, the following four (4)courses: N.89°39'45"E. for 393.06 feet; thence along a curve to the left having a Radius of 336.99 feet, a Delta Angle of 11°16'48", a Chord Bearing of N.84°01'20"E., a Chord Distance of 66.24 feet, for a Curve Length of 66.34 feet; thence N.78°39'08"E. for 178.08 feet; thence along a curve to the right having a Radius of 255.00 feet, a Delta Angle of 03°49'19", a Chord Bearing of N.80°33'48"E., a Chord Distance of 17.01 feet, for a Curve Length of 17.01 feet to the northwest corner of Docusign Envelope ID: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 Ordinance 2025 - 05 Zoning Ordinance Page 4 of 6 the Common Area lot of Gallatin Center Subdivision Phase 4, Plat J-423; thence along the west boundary of said Common Area lot, S.00°05'43"E. for 208.33 feet; thence along the south boundary of said Common Area lot, S.89°41'12"E. for 61.59 feet to the northwest corner of Lot 6, Block 1, of the Opportunity Subdivision, Plat J- 631; thence along the west boundary of said Lot 6, S.00°19'54"W. for 199.52 feet to a point of intersection with the west right-of-way of Max Avenue; thence along said right-of-way, S.00°19'54"W. for 740.96 feet; thence S.89°39'55"E. for 942.18 feet to the west right-of-way of North 19th Avenue; thence along said right-of-way the following six (6) courses: S.00°14'43"W. for 60.02 feet; thence S.00°16'58"W. for 803.62 feet; thence S.06°05'34"E. for 153.28 feet; thence along a non-tangent curve to the left from which the Radius Point bears N.88°27'15"E., said curve having a Radius of 1969.86 feet, a Delta Angle of 04°56'51", a Chord Bearing of S.04°01'11"E., a Chord Distance of 170.05 feet, for a Curve Length of 170.10 feet; thence N.72°16'04"W. for 17.74 feet; thence S.00°18'48"E. for 263.36 feet to the north right- of-way of Baxter Lane; thence along said right-of-way S.89°41'45"W. for 398.58 feet to the east boundary of Tract C-1B, Certificate of Survey No. 1979; thence along said boundary the following three (3) courses: N.00°18'15"W. for 535.00 feet to the northeast corner of said Tract C-1B; thence S.89°41'45"W. for 450.00 feet to the northwest corner of said tract C-1B; thence S.00°18'15"E. for 535.00 feet to the north right of way of Baxter Lane; thence along said right-of-way S.89°41'44"W. for 819.57 feet; thence N.00°14'19"E. for 2560.09 feet, to the true Point of Beginning. Said tract contains 67.709 acres along with and subject to any easements of record or implied. All as depicted on the Gallatin Center Zone Map. 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 Docusign Envelope ID: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 Page 5 of 6 Ordinance 2025 - 05 Zoning Ordinance 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. Docusign Envelope ID: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 Page 6 of 6 Ordinance 2025 - 05 Zoning Ordinance PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 16th day of August, 2025. ____________________________________ 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 23rd of September, 2025. The effective date of this ordinance is October 23rd, 2025. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 WWM M M W W M W M M W W W W W W W CS W W W W W W W W W W M W CS W W W WW W WWWWWW WWW W WWWWWWWWWWWWWWWWWWWWWXXXX X X X XXXXXXXXXXXXSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SSWWWWWWWWWWW W WWWWWWSSSSWWWWWSSSSSSSS SS SSUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTV W W W W W W W W W W W W W W W WSSSSSSSSSSSSSSSSSSSSSSSS SS S89°41'43"W, 819.78'(R) S00°18'18"E, 580.00'(R) S89°41'42"W, 450.00'(R) N00°18'18"W, 580.00'(R) S89°41'42"W, 398.59'(M) N00°14'19"E, 2605.09'(R) 393.08'(M) S89°39'45"W, 393.06'(R) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R) 940.34'(R) 941.77' (M) S89°39'55"E, 942.18'(M) S00°16'49"W, 863.64'(R) 863.60'S05°57'19"E, 152.86'S00°16'21"E, 308.34'S89°41'42"W, 819.35'S89°41'42"W, 398.62' (R) 178.08'(M) S78°39'08"W, 178.08'(R) S89°41'12"E,61.59' Δ = 4°56'51" R = 1969.86' L = 170.10' CH = S04°03'54"E 170.05' N73°12'20"W, 17.36' N89°41'42"E, 450.00'WWWWWWWWWWWWWWWWWWWWWXXXX X X X XXXXXXXXXXXXSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SSWWWWWWWWWWW W WWWWWWSSSSWWWWWSSSSSSSS SS SSUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTV W W W W W W W W W W W W W W W WSSSSSSSSSSSSSSSSSSSSSSSS SS S89°41'43"W, 819.78'(R) S00°18'18"E, 580.00'(R) S89°41'42"W, 450.00'(R) N00°18'18"W, 580.00'(R) S89°41'42"W, 398.59'(M) N00°14'19"E, 2605.09'(R) 393.08'(M) S89°39'45"W, 393.06'(R) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R) 940.34'(R) 941.77' (M) S89°39'55"E, 942.18'(M) S00°16'49"W, 863.64'(R) 863.60'S05°57'19"E, 152.86'S00°16'21"E, 308.34'S89°41'42"W, 819.35'S89°41'42"W, 398.62' (R) 178.08'(M) S78°39'08"W, 178.08'(R) S89°41'12"E,61.59' Δ = 4°56'51" R = 1969.86' L = 170.10' CH = S04°03'54"E 170.05' N73°12'20"W, 17.36' N89°41'42"E, 450.00' 45' WIDE PUBLIC ROAD DEDICATION 45' WIDE PUBLIC ROAD DEDICATION ZONING: REMU ZONING: R-4 ZONING: R-4 ZONING: B-2ZONING: B-2 ZONING:M-1 ZONING: R-O PUBLIC USE EASEMENT PER DOC. NO. 2605726 PUBLIC USE EASEMENT PER DOC. NO. 2605726 ACCESS EASEMENT PER FILM 132 PG 501 APPROXIMATE 70' WIDE PUBLIC OPEN SPACE/LINEAR TRAIL & STREAM CORRIDOR EASEMENT DRAWN FROM MINOR SUB. 210 REFERENCE TAG "N85°E 4.5'APPROXIMATE 70' WIDE PUBLIC OPENSPACE/LINEAR TRAIL & STREAM CORRIDOREASEMENT DRAWN FROM MINOR SUB. 210(TO BE RELOCATED) PUBLIC USE EASEMENT PER DOC. NO. 2605726 CATTAIL STREETKIMBERWICKE STREET RAWHIDE RIDGE ROADMAX AVENUETHOMAS DRIVENORTH 19TH AVENUEBAXTER LANE EXISTING 8" PVCSEWER MAIN EXISTING 8" PVCSEWER MAIN STUB EXISTING 8" PVCSEWER MAIN EXISTING 8" PVCSEWER MAIN EXISTING 8" PVC SEWER MAIN EXISTING 8" PVC SEWER MAIN EXISTING 8" PVC SEWER MAIN STUB EXISTING 12" DIWATER MAIN EXISTING 8" DI WATER MAIN EXISTING 8" DIWATER MAIN EXISTING 8" DI WATER MAIN EXISTING 8" DI WATER MAIN EXISTING CURB/ EDGE OF PAVEMENT EXISTING 8" PVC SEWER MAIN PROPERTY LINEPROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE ZONING BOUNDARY LINE(TYPICAL)EXISTING 8" PVCSEWER MAIN STUB EXISTING HYDRANT (TYPICAL) EXISTING CURB/ EDGE OF PAVEMENT EXISTING CURB/ EDGE OF PAVEMENT EXISTING EDGE OF PAVEMENT EXISTING 8" PVC SEWER MAIN STUB PROPERTY LINE 60'-0.0" PUBLIC ROADWAY AND UTILITY EASEMENT PER DOC. NO. 2604451 20'-0.0" UTILITY EASEMENT 10'-0.0" R/W EASEMENT TO M.P.C. PER 67F186 30'-0.0" DEDICATED ROADWAY FOR PUBLIC USE 20'-0.0" EASEMENT FOR ROADWAY PURPOSES 20'-0.0" UTILITY EASEMENT 20'-0.0" UTILITYEASEMENTFUTURE 60'-0.0" DEDICATEDPUBLIC STREET R.O.W.(FUTURE NORTH 27TH AVE.)30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4015-4020 30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4015-402021'-6.0" PUBLIC UTILITYEASEMENT PER DOC. NO.2164139 10'-0.0" UTILITY EASEMENT TO M.P.C. PER 98F4416 30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4021-4025 30'-0.0" WATER MAIN EASEMNT PER DOC. NO. 2604450 EXISTING 8" DIWATER MAIN STUB APPROXIMATE 70' WIDE PUBLIC OPEN SPACE/LINEAR TRAIL & STREAM CORRIDOR EASEMENT DRAWN FROM MINOR SUB. 210 MINOR SUB 210, S35, T01 S, R05 E, Lot 3, (RE-MAINDER) LESS GALLATIN CENTER SUB PHASE 1-4 68.33 ACRES 2,976,498 SQUARE FEET EXISTING ZONING: B-2/BP PROPOSED ZONING: B-2M EXISTING 12" DI WATER MAIN EXISTING 24" ASBESTOS CONCRETE SEWER MAIN 0 SCALE: 1" = 100' 100'50' K:\Bozeman\Gallatin Center LP\2024381 Gallatin Center\05CAD\Sheets\ZMA\24381-EXHB.dwg ZMA EXHIBIT 2/21/2025 9:36:48 AM DESIGNED BY: DRAWN BY: CHECKED BY: DATE: CGB JRH EWR/CGB DECEMBER 2024 SHEET 1 NO.DATEREVISIONPREPARED BY BY ZMA EXHIBIT GALLATIN CENTER LIMITED PARTNERSHIP BOZEMAN, MT GALLATIN CENTER PHASE 5 E NG I N E E R I N G PROJECT NO. 2024381 895 TECHNOLOGY BLVD., SUITE 203 BOZEMAN, MT 59718 (406) 586-0262 www.wwcengineering.com 1.02/2025REVISED PER CITY REVIEW JRH Docusign Envelope ID: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 Certificate Of Completion Envelope Id: 7B6BB8A6-A6AB-4109-9FCF-1BBD9995CDB2 Status: Completed Subject: Complete with Docusign: 24626_Gallatin_Center_Ordinance 2025-05.pdf, 001_ZMA_Exhibit.pdf Source Envelope: Document Pages: 7 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Alex Newby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 2 anewby@bozeman.net IP Address: 155.190.3.5 Record Tracking Status: Original 9/25/2025 9:56:58 AM Holder: Alex Newby anewby@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City Manager Location: Docusign Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b0aa:7c0a:104f:c2a0:6bdc:2978 Sent: 9/25/2025 10:04:15 AM Viewed: 9/25/2025 12:26:33 PM Signed: 9/25/2025 12:26:44 PM Electronic Record and Signature Disclosure: Accepted: 9/25/2025 12:26:33 PM ID: 5e9f860b-da82-4481-92bf-72e459140196 Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b060:4fa4:753e:6d47:bcbe:225b Signed using mobile Sent: 9/25/2025 12:26:46 PM Viewed: 9/25/2025 1:26:24 PM Signed: 9/25/2025 1:26:57 PM Electronic Record and Signature Disclosure: Accepted: 11/3/2022 7:48:36 AM ID: 3079a697-195d-4eed-be8a-2bfe643492d2 Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.112 Sent: 9/25/2025 1:26:58 PM Viewed: 9/26/2025 12:46:16 PM Signed: 9/26/2025 12:46:33 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:22:44 PM ID: b1bb90fd-5db8-4a5f-9451-9536f39ef003 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Tom Rogers trogers@bozeman.net Security Level: Email, Account Authentication (None) Sent: 9/26/2025 12:46:35 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/25/2025 10:04:15 AM Certified Delivered Security Checked 9/26/2025 12:46:16 PM Signing Complete Security Checked 9/26/2025 12:46:33 PM Completed Security Checked 9/26/2025 12:46:35 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City Manager (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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