HomeMy WebLinkAbout21- Ordinance 2087 Stockyard Properties Zone Map Amendment, Application 21102Ord 2087
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ORDINANCE 2087
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE
FROM R-4 RESIDENTIAL HIGH DENSITY AND B-1 NEIGHBORHOOD BUSINESS
DISTRICT TO REMU RESIDENTIAL EMPHASIS MIXED USE AND B-2M
COMMUNITY BUSINESS DISTRICT – MIXED ON 15.28 ACRES FOR THE
STOCKYARD PROPERTIES ZONE MAP AMENDMENT, APPLICATION 21102
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 37 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on July 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. 21102 the Stockyard Properties Zone Map Amendment, be
approved as requested by the applicant; and
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WHEREAS, after proper notice, the City Commission held its public hearing on August
3, 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, 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
requested B-2M and REMU districts.
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
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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 Application No.
21102 the Stockyard Properties Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
REMU, Residential Emphasis Mixed Use District:
The property is described as:
A tract of land encompassing portions of Tract 1 of COS 1147A, all of Tract K and portions of
Tract 23A of COS 2547, of which are located within the South East One Quarter of Section 31,
Township 1 South, Range 6 East, and a portion of Tract 23A of 2547, located within the North
East One Quarter of Section 6, Township 2 South, Range 6 East of which all are located within
the Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and more
particularly described as follows:
Beginning at a point (P.O.B 1), which is the NW corner of Tract 23A, COS 2547 of which is a
5/8"x18" Rebar with a 2 inch aluminum cap inscribed 4955S attached;
· thence, N 81° 55' 53" E, a distance of 151.00 feet.
· thence, S 89° 36' 34" E, a distance of 361.40 feet to the beginning of a non-tangential
curve.
· thence, 135.30 feet along a non-tangent curve to the left, with a radius of 1449.56
feet, a delta angle of 05° 20' 52", and a chord bearing of S 06° 44' 05" E, with a chord
distance of 135.25 feet.
· thence, N 89° 12' 15" W, a distance of 249.85 feet.
· thence, S 00° 24' 54" W, a distance of 270.20 feet to the beginning of a non-tangential
curve.
· thence, 55.17 feet along a curve to the left, with a radius of 200.00 feet, a delta angle
of 15° 48' 21", and a chord bearing of S 79° 42' 28" W, with a chord distance of 55.00
feet.
· thence, S 71° 48' 19" W, a distance of 156.11 feet.
· thence, N 09° 20' 43" W, a distance of 446.82 feet to the P.O.B.
Said area being 135,465 square feet or 3.11 acres more or less, along with and subject to all
easements of record or apparent on the ground.
Section 3
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That the zoning district designation of the following-described property is hereby established as
B-2M, Community Business District - Mixed:
The property is described as:
A tract of land encompassing a portion of Tract 1 and all of Tract 2 of COS 1147A, located
within the South East One Quarter of Section 31, Township 1 South, Range 6 East, and all of
Tract 3 of COS 1147A and a portion of the remainder Tract 4 of COS 1147B, of which are
located within the North East One Quarter of Section 6, Township 2 South, Range 6 East, of
which all are located within the Principal Meridian Montana, City of Bozeman, Gallatin County,
Montana, and more particularly described as follows:
Beginning at a point (P.O.B 2), which is the NE corner of Tract 5A, COS 1147B of which is a
5/8"x18" Rebar with a 2 inch aluminum cap inscribed 16192LS attached;
· thence, N 71° 48' 19" E, a distance of 195.51 feet to the beginning of a curve.
· thence, 55.17 feet along a non-tangent curve to the right, with a radius of 200.00 feet,
a delta angle of 15° 48' 21", and a chord bearing of N 79° 42' 28" E, with a chord
distance of 55.00 feet.
· thence, N 00° 24' 54" E, a distance of 169.56 feet.
· thence, S 89° 24' 17" E, a distance of 359.85 feet.
· thence, S 00° 17' 25" W, a distance of 123.25 feet to the beginning of a non-tangential
curve.
· thence, 9.62 feet along a non-tangent curve to the left, with a radius of 1399.56 feet, a
delta angle of 00° 23' 38", and a chord bearing of S 19° 26' 04" E, with a chord
distance of 9.62 feet.
· thence, S 19° 18' 39" E, a distance of 501.88 feet to the beginning of a non-tangential
curve.
· thence, 245.54 feet along a non-tangent curve to the right, with a radius of 433.40
feet, a delta angle of 32° 27' 38", and a chord bearing of S 16° 44' 13" W, with a
chord distance of 242.27 feet to the beginning of a non-tangential curve.
· thence, 196.86 feet along a non-tangent curve to the right, with a radius of 1532.21
feet, a delta angle of 07° 21' 40", and a chord bearing of S 36° 29' 20" W, with a
chord distance of 196.72 feet to the beginning of a non-tangential curve.
· thence, 99.63 feet along a non-tangent curve to the right, with a radius of 5705.00
feet, a delta angle of 01° 00' 02", and a chord bearing of S 40° 26' 40" W, with a
chord distance of 99.63 feet.
· thence, S 40° 59' 04" W, a distance of 39.26 feet.
· thence, N 45° 43' 58" W, a distance of 108.85 feet.
· thence, N 23° 18' 34" W, a distance of 120.66 feet.
· thence, N 06° 10' 56" E, a distance of 136.06 feet.
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· thence, N 57° 05' 16" W, a distance of 150.08 feet.
· thence, S 84° 09' 52" W, a distance of 116.63 feet.
· thence, N 52° 18' 23" W, a distance of 175.99 feet.
· thence, N 00° 00' 00" E, a distance of 365.54 feet to the P.O.B.
Said area being 530,096 square feet or 12.17 acres more or less, along with and subject to all
easements of record or apparent on the ground.
Section 4
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 5
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 6
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 7
Codification.
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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 8
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 14th day of September, 2021.
____________________________________
CYNTHIA L. ANDRUS
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 28th of
September, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
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APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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