The URL can be used to link to this page

Home My WebLink About01-08-18 City Commission Packet Materials - C12. Ordinance 1987 Provisional, 2nd High School Annexation Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1987, The 2017 2nd High School Annexation Zone Map Amendment to designate 36.896 acres as PLI, Public Lands and Institutions, Application 17454. MEETING DATE: January 8, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1987, establishing PLI, Public Lands and Institutions district for 36.896-acres, located generally southeast of the intersection of N. Cottonwood Road and W. Oak Street, described as Tract 1A2 of Certificate of Survey 2554B, application 17454. BACKGROUND: On November 13, 2017, the City Commission preliminarily approved Application 17454, the 2017 2nd High School Annexation. The companion zone map amendment was also approved for an initial establishment of PLI, Public Land and Institutions district. The petitioner returned the signed Annexation Agreement and required exhibits for the annexation and zone map amendment on December 8, 2017. Resolution 4869 authorizes the City Manager’s signature on the Annexation Agreement on behalf of the City. Therefore, it is necessary to finalize the zoning as well. All required contingencies of approval have been satisfied. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1987 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 1987 Zone Map Amendment Exhibit Report compiled on January 2, 2018 Commission Memorandum 199 Page 1 of 5 ORDINANCE NO. 1987 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 36.896 ACRES TO PLI, PUBLIC LANDS AND INSTITUTIONS DISTRICT. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; 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, the proposed zone map amendment to amend the City of Bozeman Zone Map to establish an initial zoning classification of PLI (Public Lands and Institutions District) for approximately 36.896 acres of the property has been properly submitted, reviewed, and advertised; and 200 Ordinance 1987, 2017 2nd High School Annexation Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on October 17, 2017, 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 the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 13, 2017, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., 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 That the zoning district designation of the following-described property is hereby designated as PLI, Public Lands and Institutions District: A tract of land, said tract being Tract 1A2 of Certificate of Survey No. 2554B, being located in the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County Montana, said tract being further described as follows: Beginning at the west quarter corner of said Section 3; thence South 89°50'13" East, on the north line of said Southwest Quarter, a distance of 1321.67 feet; thence South 01°10'34" West, on the east line of said Certificate of Survey No. 2554B, a distance of 1181.93 feet; the following 5 courses are on the south line of said survey and on the north line of Annie Street: thence North 89°52'39" West, a distance of 780.85 feet; thence on a curve to the left with a radius of 337.00 feet, a central angle of 30°14'31", an arc length of 177.88 feet, having a chord which bears South 75°00'06" West, 175.82 feet; thence South 59°52'50" West, a distance of 104.94 feet; thence on a curve to the right with a radius of 263.00 feet, a central angle of 30°14'31", an arc length of 138.82 feet, having a chord which bears South 75°00'06" West, 137.21 feet; thence North 89°52'39" West, a distance of 149.35 feet; 201 Ordinance 1987, 2017 2nd High School Annexation Zone Map Amendment Page 3 of 5 thence North 01°07'40" East, on the west line of said Section 3, a distance of 1317.38 feet to the Point of Beginning. The described tract has an area of 36.896 acres, more or less. The described is as shown on the accompanying plat and is along with and subject to any existing easements. Section 2 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 3 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 4 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 5 202 Ordinance 1987, 2017 2nd High School Annexation Zone Map Amendment Page 4 of 5 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.” Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 203 Ordinance 1987, 2017 2nd High School Annexation Zone Map Amendment Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 8th day of January, 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH 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 22nd day of January, 2018. The effective date of this ordinance is February 22, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 204 205