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HomeMy WebLinkAbout26- Ordinances 2026-09 - AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 5.13 ACRES AS M-1, LIGHT MANUFACTURING DISTRICT, KNOWNORDINANCE 2026-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 5.13 ACRES AS M-1, LIGHT MANUFACTURING DISTRICT, KNOWN AS THE 133 MAUS LANE ZONE MAP AMENDMENT, APPLICATION 25213. 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 M-1 (Light Manufacturing District), for approximately 5.13 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Planning Commission held a public hearing on December 1, 2025, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Planning Commission recommended the Bozeman City Commission that application No. 25213 the 133 Maus Lane Zone Map Amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on December 9, 2025, to receive and review all written and oral testimony on the request for the zone map amendment; and Docusign Envelope ID: 339BCEF4-5BE4-8DBB-83F8-50DB025A30A6 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 2025, by Resolution 2025-71 to establish policies for development of the community including zoning. 2. The Bozeman Community Plan 2025, 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 2025, 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, 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 Docusign Envelope ID: 339BCEF4-5BE4-8DBB-83F8-50DB025A30A6 the staff findings as part of their decision, the required criteria for approval of the 133 Maus Lane Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as M-1, Light Manufacturing District: An area of land comprised described as follows: A PARCEL OF LAND BEING LOT 20 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38, AND A PORTION OF MAUS LANE; LOCATED IN THESE 1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of Lot 20 of the Gordon Mandeville State School Section Subdivision, Plat E-38, being the POINT OF BEGINNING; thence S33°25'42"W along the westerly right-of-way of Maus Lane for a distance of 82.36'; thence S00°38'00"E for a distance of 25.00' to the Northeast corner of Lot 28 of said subdivision, also being the north line of Annexation Resolution No. 4139; thence N89°58'17"E along said Annexation line for a distance of 60.48' to the easterly right- of-way of Maus Lane; thence along a curve to the right having a radius of 40.00', a delta angle of 81°09'23", for an arc length of 56.66', and a chord bearing of N48°50'35"E for 52.04'; thence N89°25'17"E for a distance of 559.21' to the westerly side of the railroad right-of-way; thence N37°37'22"W along said railroad right-of- way for 677.40' to the Northeast corner of Lot 20 of the Gordon Mandeville State School Section Subdivision, Plat E-38, also being the south line of Annexation Ordinance No. 1107; thence S89°52'18"W along said Annexation for a distance of 199.10' to the Northwest corner of said Lot 20; thence continuing along said Annexation S0°07'56"W for a distance of 482.29' to the POINT OF BEGINNING. Containing 5.13 acres, more or less, and is subject to any existing easements. Said portion contains 5.13 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. Docusign Envelope ID: 339BCEF4-5BE4-8DBB-83F8-50DB025A30A6 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. Section 7 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. Docusign Envelope ID: 339BCEF4-5BE4-8DBB-83F8-50DB025A30A6 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: 339BCEF4-5BE4-8DBB-83F8-50DB025A30A6 SSSSS S S SSS89°52'18"W 199.10'N3 7 ° 3 7 ' 2 2 "W 6 0 2 . 2 3 'S0°07'56"W 482.29'N89°25'17"E 567.88' 40' S33°25'42"W 82.36' S0°38'00"E 25.00'N89°58'17"E 60.48' R=40.00' L=56.66' Δ=81°09'23" CB=N48°50'35"E CH=52.04'N3 7 ° 3 7 ' 2 2 "W 7 5 . 1 7 ' N89°25'17"E 559.21'40'SSSSS S S S S S S S SSS SS12S W60.00'DD D D D SD SDSDSDSD PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2025 Plotted by cooper krause on Aug/18/2025 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©N:\10768\001\ACAD\Exhibits\Annexation\Annexation and Zoning.dwg133 MAUS LANE ZONE MAP BOZEMAN MONTANA 10768.001 FIG. 2 JW JW CK 04/2025engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net TRACT 20 OF GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38; SITUATED IN THE SE1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA MAUS LANE 60FT WIDE PUBLIC ROW MAUS LANELEA AVE.20' X 60' EASEMENT AGREEMENT TO YELLOWSTONE PIPELINE COMPANY FM. 184 P. 1693 40' YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY PER PLAT E-38 POINT OF BEGINNING 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. A PARCEL OF LAND BEING LOT 20 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38, AND A PORTION OF MAUS LANE; LOCATED IN THE SE 1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of Lot 20 of the Gordon Mandeville State School Section Subdivision, Plat E-38, being the POINT OF BEGINNING; thence S33°25'42"W along the westerly right-of-way of Maus Lane for a distance of 82.36'; thence S00°38'00"E for a distance of 25.00' to the Northeast corner of Lot 28 of said subdivision, also being the north line of Annexation Resolution No. 4139; thence N89°58'17"E along said Annexation line for a distance of 60.48' to the easterly right-of-way of Maus Lane; thence along a curve to the right having a radius of 40.00', a delta angle of 81°09'23", for an arc length of 56.66', and a chord bearing of N48°50'35"E for 52.04'; thence N89°25'17"E for a distance of 559.21' to the westerly side of the railroad right-of-way; thence N37°37'22"W along said railroad right-of-way for 677.50' to the Northeast corner of Lot 20 of the Gordon Mandeville State School Section Subdivision, Plat E-38, also being the south line of Annexation Ordinance No. 1107; thence S89°52'18"W along said Annexation for a distance of 199.10' to the Northwest corner of said Lot 20; thence continuing along said Annexation S0°07'56"W for a distance of 482.29' to the POINT OF BEGINNING. Containing 5.13 acres, more or less, and is subject to any existing easements. ANNEXATION ORDINANCE No. 1107 FM. 70 P. 1321 ANNEXATION AREA SUMMARY ZONIN G - M - 1 EXISTING STORM DRAIN PIPE EXIST I N G BUILDI N G EXISTI N G BUILDI N G M-1 ZONING LOT 20 4.24 ACRES LOT 20: 4.24 ACRES (184,498.24 SQ. FT.) MAUS LANE R.O.W.: 0.89 ACRES (38,979.39 SQ. FT.) TOTAL ANNEXATION AREA: 5.13 ACRES (223,478 SQ.FT.) EXISTING COUNTY ZONING: M-1 PROPOSED CITY ZONING: M-1 ZONI N G - M- 1 ZONIN G - M - 2 ZONI N G - M - 2 ZONI N G - M- 2 ZONI N G - M-2 ZONIN G - M - 1 ZON ING - M - 2 ZONIN G - M - 1 0 SCALE IN FEET 80 1608040 EXISTING SEWER MAIN (TYP.) EXISTING WATER MAIN (TYP.) PROPOSED 20FT WIDE STORM DRAINAGE UTILITY EASEMENT PROPOSED 10 FT WIDE STORM DRAIN EASEMENT PURPOSE: PRESERVE HISTORICAL OVERFLOW PATH FROM PRIVATE POND TO THE WEST Docusign Envelope ID: 339BCEF4-5BE4-8DBB-83F8-50DB025A30A6