HomeMy WebLinkAbout22- Ordinance 2107-A West Lamme Zone Map AmendmentOrd 2107
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ORDINANCE 2107
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE
0.978 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO B-3
DOWNTOWN BUSINESS DISTRICT, AS THE 2021 W LAMME STREET ZONE MAP
AMENDMENT, APPLICATION 21356.
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, after proper notice, the Bozeman Zoning Commission held a public hearing
on January 24, 2022 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. 21356, the 2021 W Lamme Street 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 February
8, 2022, 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-3 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.
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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.
21356 the 2021 W Lamme Street Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
B-3, Downtown Business District:
The property is described as:
A parcel of land, being Lots 6-10 and Lots 13 and 15 in Block C of Tracy's Third
Addition to Bozeman as shown on Plat C-18H, and portions of West Beall Street, North
3rd Avenue and West Lamme Street, said parcel located in the Northwest Quarter of
Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of
Bozeman, Gallatin County, Montana and being further described as follows:
Commencing at the northwest corner of Lot 10 in Block C of Tracy's Third Addition to
Bozeman; thence North 89°05'53” West, on the westerly extension of the north line of
said Lot 10, 26.00 feet to the Point of Beginning; thence North 01°03'07" East, on the
centerline of North 3rd Avenue, a distance of 87.19 feet; thence South 88°41'46" East on
the centerline of West Beall Street, a distance of 165.82 feet; thence South 01°00'24"
West on the east line of Lot 6 and the northerly and southerly extensions of said line, a
distance of 256.13 feet; thence North 89°05'14" West, on the centerline of West Lamme
Street, a distance of 166.02 feet; thence North 01°03'07" East on the centerline of North
3rd Avenue, a distance of 170.07 feet to the Point of Beginning.
The described parcel has an area of 0.978 acres, more or less. All as depicted on the 2021
W Lamme Street 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.
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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.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 22nd day of March 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
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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 5th of
April, 2022. The effective date of this ordinance is May 5, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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