HomeMy WebLinkAbout21- Ordinance 2060 Glen Lake ZMAPage 1 of 6
ORDINANCE 2060
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP FROM PLI,
PUBLIC LANDS AND INSTITUTIONS, TO M-1 LIGHT MANUFACTURING
DISTRICT, THE NORTHWESTERN ENERGY GLEN LAKE 2021 ZONE MAP
AMENDMENT, APPLICATION 21011.
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, Part 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 on 5.462 acres has been properly submitted, reviewed, and advertised; and
DocuSign Envelope ID: 3F24EC58-A252-45D3-8BE6-53120A848C62
Ordinance 2060, Northwestern Energy Glen Lake Zone Map Amendment
Page 2 of 6
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on April 12, 2021 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21011, the NorthWestern Energy Glen Lake 2021 Zone Map
Amendment, be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on May 4,
2021, 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: 3F24EC58-A252-45D3-8BE6-53120A848C62
Ordinance 2060, Northwestern Energy Glen Lake Zone Map Amendment
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
requested amendment from PLI district to M-1 district.
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
NorthWestern Energy Glen Lake 2021 Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby amended from
PLI, Public Lands and Institutions District to M-1, Light Manufacturing District:
The property is described as:
A tract of land being a portion of Northeast Annexation Tract 33 situated in the SW1/4 of Section 31, T. 1 S., R. 6 E., P.M.M., in the City of Bozeman, Gallatin County, Montana, said tract being more particularly described as follows, to wit:
Beginning at a point on the north right-of-way line of East Griffin Drive, said point being situated N 01°04'12" W a distance of 30.00 feet from the south one-quarter corner of Section 31, T. 1 S., R. 6 E., P.M.M.; thence from said Point Of Beginning, along said north right-of-way line,
S 89°25'04" W a distance of 50.00 feet to the southeast corner of Northeast Annexation
Tract 36; thence, along the easterly line of said Northeast Annexation Tract 36 and the easterly line of Northeast Annexation Tract 34 N 01°04'12" W a distance of 457.42 feet to the northeast corner of said Northeast Annexation Tract 34;
DocuSign Envelope ID: 3F24EC58-A252-45D3-8BE6-53120A848C62
Ordinance 2060, Northwestern Energy Glen Lake Zone Map Amendment
Page 4 of 6
thence, along the northerly lines of said Northeast Annexation Tract 34 and Northeast
Annexation Tract 35 N 46°13'31" W a distance of 73.80 feet and N 82°32'31" W a
distance of 300.20 feet to the northwest corner of said Northeast Annexation Tract 35, said point being on the east line of Bozeman Industrial Park; thence, along the east line of Bozeman Industrial Park, N 01°02'40" W a distance of 640.70 feet to the northeast corner of Tract 4 of said Bozeman Industrial Park;
thence N 35°55'45" E a distance of 7.68 feet;
thence along a line which is parallel with and 25.00 feet distant from the southerly line of Tract GL1 of Certificate of Survey No. 1221, S 54°04'15" E a distance of 462.42 feet; thence N 62°25'47" E a distance of 27.94 feet to the southeast corner of said Tract GL1, said point being on the west line of Northeast Annexation Tract 31;
thence, along the west line of said Northeast Annexation Tract 31 and the west line of
Minor Subdivision No. 310, S 01°04'12" E a distance of 935.33 feet to the Point Of Beginning; said described tract containing an area of 5.462 acres, more or less.
All as depicted on the NorthWestern Energy Glen Lake 2021 Zone Map Amendment 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
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
DocuSign Envelope ID: 3F24EC58-A252-45D3-8BE6-53120A848C62
Ordinance 2060, Northwestern Energy Glen Lake Zone Map Amendment
Page 5 of 6
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.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 4th of May, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
DocuSign Envelope ID: 3F24EC58-A252-45D3-8BE6-53120A848C62
Ordinance 2060, Northwestern Energy Glen Lake Zone Map Amendment
Page 6 of 6
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 22nd of June,
2021. The effective date of this ordinance is July, 23, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: 3F24EC58-A252-45D3-8BE6-53120A848C62