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HomeMy WebLinkAbout26- Ordinances 2026-08 - AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.173 ACRES AS R-1, RESIDENTIAL LOW-DENSITY DISTRICT, KORDINANCE 2026-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.173 ACRES AS R-1, RESIDENTIAL LOW-DENSITY DISTRICT, KNOWN AS THE 1071 STORY MILL ROAD ZONE MAP AMENDMENT, APPLICATION 25525. 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 R-1 (Residential Low-Density), now called the RA District, for approximately 1.173 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 January 26, 2026, 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. 25525 the 1071 Story Mill Road Zone Map Amendment be approved as requested by the applicant; and Docusign Envelope ID: 4C7CEDDE-BE55-88BA-81B8-96ECB5F509BC WHEREAS, after proper notice, the City Commission held its public hearing on February 10, 2026, 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 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, Docusign Envelope ID: 4C7CEDDE-BE55-88BA-81B8-96ECB5F509BC Zoning Commission recommendation, all submitted public comment, and all other relevant information; and 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 1071 Story Mill Road Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as RA, Residential Low District: An area of land comprised described as follows: Two parcels of land as described in Warranty Deed Film 151, Page 3806, Document No. 302254 - Parcel 1 and Parcel 2, along with adjacent portions extended to the centerline of Boylan Road and Story Mill Road; situated in the SE 1/4 of Section 31, Township 1 South, Range 6 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the centerline of Story Mill Road 40.01' from the Southeast Corner of Tract A of Osborne Subdivision, Plat H-47, being the Point of Beginning; thence S.87°40'20"W. a distance of 518.83 feet to the east line of Bridger Creek Subdivision Phase 1; thence N.34°11'50"W. a distance of 152.53 feet along said east line to the centerline of Boylan Road; thence along a curve to the right having a radius of 298.78 feet and a central angle of 3°31'51" for an arc length of 18.41 feet and a chord bearing of N.85°51'06"E. for 18.41 feet; thence N.87°44'01"E. a distance of 584.03 feet to the centerline of Story Mill Road; thence S.0°58'20"E. a distance of 129.53 feet to the Point of Beginning, containing 1.671 acres more or less. Said portion contains 1.173 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. 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 Docusign Envelope ID: 4C7CEDDE-BE55-88BA-81B8-96ECB5F509BC 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. Section 7 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. Docusign Envelope ID: 4C7CEDDE-BE55-88BA-81B8-96ECB5F509BC PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 4th day of August 2026. ____________________________________ JOEY MORRISON 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 25th of August, 2026. The effective date of this ordinance is September, 25th, 2026. _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 4C7CEDDE-BE55-88BA-81B8-96ECB5F509BC D S S D F P T P S S EEPPP F G G S D D S XX X X TV TV BF BF BF BF BF BF BF BF BF BF BF BF BP BP BP BP BTVBTVBTVBTVBTVBP BP BP BP BP BP BP BP BPBTBTV BTV BTV BTV BTV BTV BTV BTVB T V NG NG NG NG NG NG NG SD SD SD SD SD SD SD SD SD SD S S S S S S S S S WWW W W W W W W W W WW WN34°11'50"W 152.53' R=298.78' L=18.41' Δ=3°31'51" CB=N85°51'06"E CH=18.41' N87°44'01"E 584.03' S0°58'20"E 129.53' S87°40'20"W 518.83' 40.01' 85.00'60.52'40.00' FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE,2025 Plotted by jon c. wilkinson on Nov/11/2025 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net P:\10851 - Great Northern Golf Co\001 - 1071 Story Mill Rd\ACAD\Exhibits\Annexation & Zoning\10851.001 - Annexation & Zoning Exhibit.dwg10851.001 FIG. 2 JAZ BOZEMAN MONTANA ZONE MAP JAZ 1071 STORY MILL ROAD CMS 08/2025 25 500 SCALE IN FEET QWEST TELECOMMUNICATIONS EASEMENT DOC. No. 2039276TRACT A OF OSBORNE SUBDIVISION 1.038 ACRES STORY MILL ROAD85FT WIDE PUBLIC ROWPOINT OF BEGINNING 40' STREET DEDICATED TO THE PUBLIC PER OSBORNE SUBDIVISION BOYLAN ROAD 60FT WIDE PUBLIC ROW ZONE MAP TRACT A OF OSBORNE SUBDIVISION PLAT H-47 AND THAT PORTION OF THE ABANDONED RAILROAD RIGHT OF WAY ADJACENT TO SAID TRACT A THAT IS NORTH AND EAST OF FORMER RAILROAD CENTERLINE, AS STATED IN WARRANTY DEED FM. 151, PAGE 3806, ALONG WITH ADJACENT PORTIONS EXTENDED TO THE CENTERLINE OF BOYLAN ROAD AND STORY MILL ROAD; SITUATED IN THE SE 1/4 OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. DESCRIPTION Two parcels of land as described in Warranty Deed Film 151, Page 3806, Document No. 302254 - Parcel 1 and Parcel 2, along with adjacent portions extended to the centerline of Boylan Road and Story Mill Road; situated in the SE 14 of Section 31, Township 1 South, Range 6 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the centerline of Story Mill Road 40.01' from the Southeast Corner of Tract A of Osborne Subdivision, Plat H-47, being the Point of Beginning; thence S.87°40'20"W. a distance of 518.83 feet to the east line of Bridger Creek Subdivision Phase 1; thence N.34°11'50"W. a distance of 152.53 feet along said east line to the centerline of Boylan Road; thence along a curve to the right having a radius of 298.78 feet and a central angle of 3°31'51" for an arc length of 18.41 feet and a chord bearing of N.85°51'06"E. for 18.41 feet; thence N.87°44'01"E. a distance of 584.03 feet to the centerline of Story Mill Road; thence S.0°58'20"E. a distance of 129.53 feet to the Point of Beginning, containing 1.671 acres more or less. EXISTING COUNTY ZONING: M-1 PROPOSED CITY ZONING: R-1 EXISTING CITY OF BOZEMAN ZONING: R-1 EXISTING CITY OF BOZEMAN ZONING: R- 1 EXISTING CITY OF BOZEMAN ZONING: R- 3 EXISTING CITY OF BOZEMAN ZONING: R- 3 EXI S TI N G CIT Y O F BOZE M A N Z O NI N G: R- 1 EXISTI N G CI T Y OF BOZ E M A N Z O NI N G: R-3EXISTI N G G A L L A TI N COU NT Y Z O NI N G: M-IEXISTI N G G A L L A TI N COU NT Y Z O NI N G: M-I EXISTING CITY OF BOZEMAN ZONING: B-2 M EXISTING CITY OF BOZEMAN ZONING: R- 3 ANNEXATION AREA SUMMARY R-1 ZONING TRACT A: 1.038 ACRES (45,222.43 SQ. FT.) ABANDONED RAILROAD R/W: 0.135 ACRES (5,887.66 SQ. FT.) TOTAL ANNEXATION AREA: 1.173 ACRES (51,110.09 SQ.FT.) EX. 6" D.I. WATER MAINPUTTERCOURTVALHALLACOURTEX. 10" PVC SEWER MAIN EX. 10" D.I. WATER MAINEXISTI N G BUILD I N G EXISTI N G CARP O R T EX. FUEL TANK BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide. Published September 30th, 2014 and subsequent revisions. Established by observations with survey-grade GNSS Receivers. PORTION OF ABANDONED RAILROAD R/W ADJACENT TO TRACT A 0.135 ACRES ZONE X FLOODPLAIN BOUNDARY PER CITY OF BOZEMAN GIS (AREA OF 0.2 % ANNUAL CHANCE FLOOD) ZONE X FLOODPLAIN BOUNDARY PER CITY OF BOZEMAN GIS (AREA OF 0.2 % ANNUAL CHANCE FLOOD) 5' PUBLIC STREET AND UTILITY EASEMENT DOC. No. _______________ Docusign Envelope ID: 4C7CEDDE-BE55-88BA-81B8-96ECB5F509BC