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HomeMy WebLinkAbout25- Ordinances 2025-10 - Amending City Zoning Map to Designate 2221 South 3rd as PLIOrd 2025-10 Page 1 of 5 ORDINANCE 2025 - 10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.048 ACRES AS PLI, PUBLIC LANDS AND INSTITUTIONS, KNOWN AS THE 2221 SOUTH 3RD AVENUE ZONE MAP AMENDMENT, APPLICATION 24714. 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 establish a zoning classification of PLI (Public Lands and Institutions) on 1.048 acres plus the adjacent right-of-way respectively 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 July 7, 2025, to receive and review all written and oral testimony on the request for a zone map amendment; and Docusign Envelope ID: E47545A3-F477-4B2B-B60B-D5A79A92791C Ordinance 2025 - 10 Zoning Ordinance Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 24714 the 2221 South 3rd Avenue Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on July 22, 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; 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 Docusign Envelope ID: E47545A3-F477-4B2B-B60B-D5A79A92791C Ordinance 2025 - 10 Zoning Ordinance Page 3 of 5 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 2221 South 3rd Avenue Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as PLI, Public Lands and Institutions District: Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarter of the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Commencing at a point which is the Southwest corner of Section 13, Township 2 South, Range 5 East, P.M.M., Thence South 89°04'35" West, a distance of 30.01 feet along the South line of Section 13 to the Point of Beginning; thence South 89°04'35" West along the South line of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along the South line of said Section 13 a distance of 26.63 feet; thence leaving said south section line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51" East, a distance of 263.96 feet to a point on the west right-of-way of South 3rd Avenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44 feet to the Point of Beginning. Said Tract contains 1.048 acres, more or less, and subject to all existing easements of record or apparent on the ground. All as depicted on the 2221 South 3rd Avenue Zoning Map. Docusign Envelope ID: E47545A3-F477-4B2B-B60B-D5A79A92791C Ordinance 2025 - 10 Zoning Ordinance Page 4 of 5 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. 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: E47545A3-F477-4B2B-B60B-D5A79A92791C Ordinance 2025 - 10 Zoning Ordinance Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 21st day of October, 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 18th of November, 2025. The effective date of this ordinance is December, 18th, 2025. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: E47545A3-F477-4B2B-B60B-D5A79A92791C Ordinance 2025 - 10 Zoning Ordinance Page 5 of 5 Docusign Envelope ID: E47545A3-F477-4B2B-B60B-D5A79A92791C S89°48'51"E 263.96'N0°54'03"W176.50'S89°05'57"W 26.63'S89°04'35"W 234.03'S0°11'09"W171.43'S89°04'35"W 30.01' 45' 45' 30' 30' 45' 90' 45' 13 18 1924 TRACTC.O.S. 421 TRACT 1 C.O.S. 26 3 6 TRACT 2 C.O.S. 2636 PARCEL 1 AMENDE D S U B D I V I S I O N P L A T O V E R B R O O K A T W E S T R I D G E , PLAT I-6- B PARCEL 1 C.O.S. 30 5 2DEED FILM 92 PAGE 4544DEED FILM 92 PAGE 4541TRACT 2C.O.S. 2728 ANNEXATION AREA SUMMARY TRACT 2 C.O.S. 2636 1.048 ACRES TOTAL 1.048 ACRES PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2025 Plotted by kyle thompson on Mar/13/2025 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©N:\10236\002\ACAD\Survey\10236.002 ANNEXATION-ZONE MAP AMENDMENT MAP.dwgTRACT 2 OF CERTIFICATE OF SURVEY No. 2636 LOCATED IN THE SE1/4 SE1/4 OF SECTION 13, TOWNSHIP 2 SOUTH,RANGE 5 EAST,P.M.M. ZONE MAP AMENDMENT MAP BOZEMAN MONTANA 10236.002 EX. A-1 NJM KIT 12/2024engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 50 1000 SCALE IN FEET THOMPS O N ADDITION TO BOZE M A N No. 3 THOMPS O N ADDITION TO BOZE M A N No. 3 HILL STREET POINT OF BEGINNING PROPOSED ZONING PLI KAGY BOULEVARD SOUTH 3RD AVENUEZONE MAPBEING CERTIFICATE OF SURVEY NO. 2636 TRACT 2 LOCATED IN THE SOUTHEAST ONEQUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5EAST, LOCATED AT 2221 SOUTH THIRD.Legal Description Tract 2 of Certificate of Survey No. 2636Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarterof the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East,Principal Meridian Montana, Gallatin County, Montana.Commencing at a point which is the Southwest corner of Section 13, Township 2South, Range 5 East, P.M.M.,Thence South 89°04'35" West, a distance of 30.01 feet along the South line ofSection 13 to the Point of Beginning; thence South 89°04'35" West along the Southline of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along theSouth line of said Section 13 a distance of 26.63 feet; thence leaving said southsection line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51"East, a distance of 263.96 feet to a point on the west right-of-way of South 3rdAvenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44feet to the Point of Beginning.Said Tract contains 1.048 acres, more or less, and subject to all existing easementsof record or apparent on the ground.Docusign Envelope ID: E47545A3-F477-4B2B-B60B-D5A79A92791C