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Home My WebLink About06-25-18 City Commission Packet Materials - CII1. Ordinance 2006, Final, North Rouse Avenue Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final Adoption of Ordinance 2006, The 2018 City of Bozeman N. Rouse Avenue Annexation Zone Map Amendment to designate approximately 1.044 acres as PLI, Public Lands and Institutions, Application 18221. MEETING DATE: June 25, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission give final adoption to Ordinance 2006, establishing PLI, Public Lands and Institutions district for approximately 1.044 acres, application 18221. BACKGROUND: On June 11, 2018, the City Commission provisionally adopted Ordinance 2006, the 2018 City of Bozeman N. Rouse Avenue Annexation Zone Map Amendment to designate approximately 1.044 acres as PLI, Public Lands and Institutions, Application 18221. All required steps to annex the property have been completed. This action completes the associated zone map amendment process. Action to approve the provisional adoption passed on a vote of 4-1. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption of Ordinance 2006 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 2006 Zone Map Amendment Exhibit Report compiled on June 11, 2018 Commission Memorandum 144 Page 1 of 4 ORDINANCE NO. 2006 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE APPROXIMATELY 1.044 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 1.044 acres of the property has been properly submitted, reviewed, and advertised; and 145 Ordinance 2006, 2018 City of Bozeman N. Rouse Avenue Annexation Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission held a public hearing on June 4, 2018, 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 May 11, 2018, 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: That triangular area of previously unannexed land lying north of Tract 33, Northeast Annexation, annexed by City of Bozeman Ordinance 964 and shown on 33 Film 1966 of the records of the Gallatin County Clerk and Recorder, and south of Tract GL1, Certificate of Survey 1221, all in the in the Southwest quarter of Section 31, Township 1 South , Range 6 East, PMM Gallatin County Montana, and being approximately 1.0444 acres, with corner points at: Latitude Longitude Northern Point 45° 42' 15.553" N 111° 2' 4.374" W Western Point 45° 42' 13.319" N 111° 2' 6.480" W Eastern Point 45° 42' 13.356" N 111° 2' 0.119" W 146 Ordinance 2006, 2018 City of Bozeman N. Rouse Avenue Annexation Zone Map Amendment Page 3 of 4 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 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.” 147 Ordinance 2006, 2018 City of Bozeman N. Rouse Avenue Annexation Zone Map Amendment Page 4 of 4 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 11th day of June 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 25th day of June 2018. The effective date of this ordinance is July 25, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 148 LegendAnnexation BoundaryParcelsZoning Districts 2018 City of Bozeman N. Rouse AvenueZone Map Amendment ExhibitPrepared: May 29, 2018 This map was created by theCity of BozemanDepartment of Planningand Community Development ¯1 inch = 100 feet Intended for Planning purposes onlysome layers may not line up properly. " Description of Property to be Zoned as PLI, Public Lands and Institutions That triangular area of previously unannexed land lying north of Tract 33, Northeast Annexation, annexed by City of Bozeman Ordinance 964 and shown on 33 Film 1966 of the records of the Gallatin County Clerk and Recorder, and south of Tract GL1, Certificate of Survey 1221, all in the in the Southwest quarter of Section 31, Township 1 South , Range 6 East, PMM Gallatin County Montana, and being approximately 1.0444 acres, with corner points at: Latitude LongitudeNorthern Point 45° 42' 15.553" N 111° 2' 4.374" WWestern Point 45° 42' 13.319" N 111° 2' 6.480" WEastern Point 45° 42' 13.356" N 111° 2' 0.119" W PLI PLI to beadopted M-1 M-2 149