HomeMy WebLinkAbout26- Ordinances 2026-10 - AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 103.50 ACRES AS R-3 (RB), RESIDENTIAL MEDIUM-DENSITY DIPage 1 of 7
ORDINANCE 2026-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING
THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 103.50 ACRES AS R-3 (RB),
RESIDENTIAL MEDIUM-DENSITY DISTRICT, AND R-5 (RD), RESIDENTIAL HIGH-DENSITY MIXED
DISTRICT, KNOWN AS THE 5511 BAXTER LANE ZONE MAP AMENDMENT, APPLICATION 24570.
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 zoning classifications of R-3 (RB), Residential Medium Density,
on 103.50 acres and R-5 (RD), Residential High Density Mixed, on 60.47 acres plus the adjacent
right-of-way respectively has been properly submitted, reviewed, and advertised; and
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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. 24570 the 5211 Baxter Lane Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 8,
2025, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, written protest on the proposed zoning classification was submitted. Written
protest met the State threshold of 76-2-305, Mont Code Ann. Requiring a 2/3rds majority vote
to pass the proposed zoning classification; 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, Mont.
Code Ann.;
3.Zoning, including amendments to the zoning map, must be in accordance with an adopted
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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,
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 5211
Baxter Lane Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as
R-3, Residential Medium-Density District:
An area of land comprised described as follows:
A tract of land, said tract being Tract 1 of Certificate of Survey No. 2553A, located
in the Southeast Quarter of Section 33, Township 1 South, Range 5 East, Principal
Meridian, Montana, Gallatin County, Montana, and being further described as
follows:
Beginning at the southeast corner of said Section 33; thence South 89°27'49" West
on the south line of said Section 33, a distance of 2675.56 feet to the south quarter
corner of said Section 33; thence North 00°20'48" East on the north-south mid-
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section line of said Section 33, a distance of 2680.16 feet to the center of said
Section 33; thence North 89°50'39" East on the east-west mid-section line of said
Section 33, a distance of 2672.80 feet to the east quarter corner of said Section
33; thence South 00°17'31" West on the east line of said Section 33, a distance of
2662.37 feet to the Point of Beginning.
The described tract has an area 163.979 acres, more or less. The described tract is
as shown on the accompanying exhibit and is along with and subject to any
existing easements.
All as depicted on the 5211 BAXTER LANE Zone Map.
That the zoning district designation of the following-described property is hereby designated as
R-5, Residential High-Density Mixed District:
An area of land comprised described as follows:
A tract of land, said tract being a portion of Tract 1 of Certificate of Survey No.
2553A, located in the Southeast Quarter of Section 33, Township 1 South, Range
5 East, Principal Meridian, Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at the southeast corner of said Section 33; thence South 89°27'49" West
on the south line of said Section 33, a distance of 2675.56 feet to the south quarter
corner of said Section 33; thence North 00°20'48" East on the north-south mid-
section line, a distance of 814.62 feet; thence North 89°50'39" East, a distance of
2674.58 feet; thence South 00°17'31" West on the east line of said Section 33, a
distance of 796.84 feet to the Point of Beginning.
The described tract has an area of 49.48 acres, more or less. The described tract
is as shown on the accompanying exhibit and is along with and subject to any
existing easements.
And
A tract of land, said tract being a portion of Tract 1 of Certificate of Survey No.
2553A, located in the Southeast Quarter of Section 33, Township 1 South, Range
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5 East, Principal Meridian, Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at the center of said Section 33; thence North 89°50'39" East on the
east-west mid-section line of said Section 33, a distance of 169.13 feet; thence
South 00°20'48" West, a distance of 725.50 feet; thence North 89°50'39" East, a
distance of 230.47 feet; thence South 00°20'48" West, a distance of 125.00 feet;
thence North 89°50'39" West, a distance of 399.60 feet; thence North 00°20'48"
East, a distance of 850.50 feet to the Point of Beginning.
The described tract has an area of 3.96 acres, more or less. The described tract is
as shown on the accompanying exhibit and is along with and subject to any
existing easements.
And
A tract of land, said tract being a portion of Tract 1 of Certificate of Survey No.
2553A, located in the Southeast Quarter of Section 33, Township 1 South, Range
5 East, Principal Meridian, Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at the east quarter corner of said Section 33; thence South 00°17'31"
West on the east line of said Section 33, a distance of 850.50 feet; thence North
89°50'39" West, a distance of 359.99 feet; thence North 00°17'31" East, a distance
of 850.21 feet; thence North 89°50'39" East, a distance of 359.99 feet to the Point
of Beginning.
The described tract has an area of 7.03 acres, more or less. The described tract is
as shown on the accompanying exhibit and is along with and subject to any
existing easements.
All as depicted on the 5211 BAXTER LANE 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
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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.
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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
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LEGENDEXISTINGDESCRIPTIONPROPOSEDN89°50'39"E 2672.80'N00°20'48"E 2680.16'S89°27'49"W 2675.56'S00°17'31"W 2662.37'DESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B24-046ANNX ZMA6REV DATE REVISION
SD BAXTER MT, LLC ZONE MAP AMENDMENT
GALLATIN COUNTY, MONTANA
CJB/BST10/29/24B24-046SHEET2 OF 2.DWGEngineering
tdhengineering.com ZONING R-3 & R-5 (PREVIOUSLY ZONED AS)A TRACT OF LAND BEING TRACT 1 OF CERTIFICATE OF SURVEY NO.2553A, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 33,TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN,MONTANA, GALLATIN COUNTY, MONTANA.AREA: 163.979 ACRES(COMPUTED AREA IN SQUARE FEET = 7,142,914)Docusign Envelope ID: A5ED3994-AA4E-80FF-8125-B9D82D2FF821