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HomeMy WebLinkAboutA2. Res 4322 Cannery Annexation District15268 Cannery District Annexation Application Page 1 of 14 Application 15268 Staff Report for the Cannery District Annexation UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ADOPTION OF THE RESOLUTION OF INTENT TO ANNEX ARE SHOWN IN RED. Public Hearing Date: City Commission meeting is on July 20, 2015 Project Description: Proposed annexation of 8.99 acres subject to the terms of a to be created annexation district. Project Location: The property is generally located northwest of the intersection of East Oak Street and North Rouse Avenue, excepting already annexed and zoned properties. The property is addressed as 101 East Oak Street and is legally described as Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS 2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S, R6E, P.M.M., Gallatin County, Montana. Recommendation: Approval Recommended Motion: Having reviewed the staff report, the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application 15268 and move to approve Commission Resolution 4322 4608, declaring it the intent of the City Commission to (i) create the Cannery Annexation District; (ii) approve the Annexation District Agreement for the Cannery District Property (subject to final adoption of a resolution creating the district); and (iii) approve the phased annexation of the Cannery District properties pursuant to the Annexation Agreement. Report Date: Wednesday, July 15, 2015 Staff Contact: Brian Krueger, Development Review Manager Agenda Item Type: Action (Legislative) EXECUTIVE SUMMARY Unresolved Issues The applicant proposes to establish an annexation district that provides the terms of annexation. One of the stated purposes for the establishment of an annexation district is to allow some City services to be provided under an annexation district agreement while deferring the date of actual annexation. 85 15268 Cannery District Annexation Application Page 2 of 14 Project Summary The Cannery District Partners, LLC have submitted an annexation application to the City with the proposed annexation of the property be subject to the terms of an annexation agreement that creates an annexation district on the property per 7-2-4625, MCA. State law authorizes an incorporated city to create an annexation district outside of city jurisdiction. Property may only be included in an annexation district through agreement between the city and the owner of the property included in a district. The agreement may specify the duration of the district, which may not exceed 10 years. The city may provided city services specified in the agreement for a period not to exceed the life of the district. The City and property owner may agree to terms for the payment of those services. The statute states that unless the agreement provides otherwise the property in the district is annexed after the period specified in the agreement and the district is dissolved. An annexation district has not been created in the State of Montana under the statute since its inclusion in the Montana Code Annotated in 2001. The Cannery District Annexation District would be the first of its kind. The applicant and City staff first presented the proposed use of an annexation district for this property to the City Commission in October, 2014 when the Commission reviewed a concept planned unit development for a multiphase mixed use development to complement the existing Northside PUD project directly at the corner of East Oak Street and North Rouse Avenue. The City Commission is the decision making authority for annexation applications, a public hearing is required prior to a decision. The public hearing is scheduled for July 20, 2015. A resolution of intent to annex must be passed in order to proceed to the public hearing. Adoption of the resolution of intent will declare it the intent of the City Commission to create the Cannery Annexation District, authorize the execution of the Annexation District Agreement for the Cannery Annexation District (the “Annexation Agreement”), provide for certain city services to the Annexation District prior to annexation, and require annexation upon the happening of certain events. The Commission adopted Resolution 4608 on June 22, 2015 declaring it the intent of the Commission to annex the property subject to an annexation agreement. Resolution 4322 is a resolution of the Bozeman City Commission creating the Cannery Annexation District, authorizing the adoption of the Annexation Agreement and the phased annexation of the Cannery District properties. The applicants have signed the agreement with the terms modified by the City Commission in Resolution 4608, specifically a maximum five year time period for the annexation of the lands in Phase 1. The applicants will be submitting a check to the City for $16,388.00 to cover the first annual fee for service of $6,500.00 and the payment of one half of the fire impact fees in the amount of $9,888.00 prior to City execution of the agreement. The Annexation Agreement controls the operation of the Annexation District and provides for the phased annexation of the Cannery District properties pursuant to certain terms and 86 15268 Cannery District Annexation Application Page 3 of 14 conditions. Below are the major elements of the Annexation Agreement as presented to the Commission for consideration: • The Annexation District will consist of three separate tracts of record, each with a different timing for annexation; • Phase 1 of the Cannery District consists of the existing structures and will be annexed pursuant to Section 3(a) of the Agreement (not later than one year after the date when all of the presently existing buildings in Phase 1 (Buildings E, F, G, and H have been restored and renovated by Cannery Partners) and the rentable space in the buildings has either been leased and occupied or sold to third parties; • Phase 1 must annex at the end of seven years even if portions of the buildings remain unleased or unsold; • Phase 2 of Cannery Partners project is already within City limits; • Phases 3 and 4 will annex commensurate with development of the phases (see Section 3(b); • City will provide certain services to the unannexed properties during the term of the Annexation District, including: o Fire protection and inspection services (Section 5(a) of the Annexation Agreement); o Water, Sewer, and Stormwater services (Section 5(b) of the Annexation Agreement); o Development review services (Section 5(c) of the Annexation Agreement); • Property owner will pay impact fees in accordance with Section 7 of the Annexation Agreement and address water rights in accordance with Section 8; and • Property owner will pay the City an annual fee $6,500.00 per year for services provided by the City under the agreement (this is in addition to standard rates for services). During the public hearing on this agenda item, the City Attorney and Assistant City Manager will be available to discuss the terms and conditions. 87 15268 Cannery District Annexation Application Page 4 of 14 Alternatives 1. Declare it the intent of the City to Approve the application by adopting Resolution 4322 4608; 2. Declare it the intent of the City to Approve the application by adopting Resolution 4322 4608 with conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the Final Resolution of Intent, with specific direction to staff or the applicant to supply additional information or to address specific items. 88 15268 Cannery District Annexation Application Page 5 of 14 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 SECTION 1 - MAP SERIES .......................................................................................................... 6 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 3 - CODE REQUIREMENTS REQUIRING CORRECTIONS ................................... 8 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 8 SECTION 5 - STAFF ANALYSIS and findings ............................................................................ 8 Resolution 3907 Criteria ..................................................................................................... 8 APPENDIX A – PROJECT SITE GROWTH POLICY............................................................... 12 APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND .................... 13 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 13 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 13 FISCAL EFFECTS ....................................................................................................................... 14 ATTACHMENTS ......................................................................................................................... 14 89 15268 Cannery District Annexation Application Page 6 of 14 SECTION 1 - MAP SERIES 90 15268 Cannery District Annexation Application Page 7 of 14 91 15268 Cannery District Annexation Application Page 8 of 14 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Recommended Conditions of Approval: 1. None. SECTION 3 - CODE REQUIREMENTS REQUIRING CORRECTIONS A. None. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS The Commission acknowledged receipt of the annexation application on the consent agenda on June 8, 2015. Having considered the criteria established for an annexation, the Development Review Committee (DRC) voted on June 10, 2015 to recommend approval of the annexation. A resolution of intent to annex has been prepared and is on the Commission action item agenda for June 22, 2015. A concurrent zone map amendment is being processed with proposed initial B-2, Community Business District zoning for the property under consideration. Public notice has been provided for the annexation and zone map amendment applications. The Commission is scheduled to hold a public hearing on the application on July 20, 2015. if the resolution of intent is passed on June 22, 2015. The Commission adopted Resolution 4608 on June 22, 2015 declaring it the intent of the Commission to annex the property subject to an annexation agreement. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Resolution 3907 Criteria Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. The property in question is contiguous to the City limits on the north, south, east and west sides of the property. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. The property is surrounded by the City. 92 15268 Cannery District Annexation Application Page 9 of 14 Goal 3: The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer and/or fire protection. The property is currently receiving sewer and water services. Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy. The subject property is proposed for commercial development. The property is located within the City’s water and sewer service area and is within the identified growth area for the City on Figure 3-1 of the Bozeman Community Plan. Resolution No. 3907 Policies Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and arterial streets, water rights, and waivers of right-to-protest against the creation of improvement districts necessary to provide the essential services for future development of the city. The annexation district includes provisions addressing these requirements through the terms of the Annexation Agreement. Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with the application for annexation. a. The initial application for annexation shall be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said amendment process may be initiated by the applicant and conducted concurrently with the processing for annexation. The property is designated as community commercial mixed use on Figure 3-1 of the growth policy. The B-2 zoning requested in conjunction with annexation is consistent with this designation. No growth policy amendment is required. b. Initial zoning classifications of the property to be annexed shall be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, prior to final annexation approval. The applicant has applied for a concurrent Zone Map Amendment to establish an initial municipal zoning designation of 8.99 acres as B-2, Community Business District, the Zoning Commission is scheduled to hold a public hearing on the zone map amendment on July 7, 2015. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. The applicant/owner has indicated that they prefer a zoning designation B-2, Community Business District and that item is addressed under that respective agenda item and packet materials. 93 15268 Cannery District Annexation Application Page 10 of 14 Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee will be charged for any City-initiated annexation. The appropriate application processing and review fees accompanied the application. Policy 4: It shall be the general policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property. The property proposed for annexation may require extensions and improvements to existing streets as part of the planned unit development review process. There are no unpaved county roads used to access the property. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.07.010.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services”. Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning designation(s). The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. The property is of a size that allows deferral of payment until future development as authorized by Section 38.23.180, BMC. The annexation district agreement includes a provision addressing this requirement. Policy 6: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the City to require the applicant to provide a written plan for accommodations of these services, or not approve the annexation. Additionally, annexation proposals that would use up infrastructure capacity already reserved for properties lying either within undeveloped portions of the City limits or lying outside the City limits but within the identified sewer or water service area boundaries, shall generally not be approved. City infrastructure and emergency services can be provided upon execution of the annexation district. The City provides services to adjacent properties at this time. This property does not intrude on capacity reserved for another property. 94 15268 Cannery District Annexation Application Page 11 of 14 Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which city services are requested or for which city services are currently being contracted. The applicant intends to develop the property in phases and over time. This will require municipal services in the future. No services are currently being contracted. Water and sewer service has been provided to the City since approximately 1926. The provision of immediate fire service and future municipal services is the primary focus of the annexation district agreement which establishes the basic responsibilities for the owners and the City. Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Mapping to meet the requirements of the Director of Public works must be provided with the Final Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal description of said property. Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other policies as they are developed. There are existing buildings on the site. Impact fees will be paid in accordance with the annexation district agreement. Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using the last declared county real estate tax records, not more than 45 days nor less than 15 days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 38.40.020.A, BMC. In addition, where a commonly identifiable street address is not visible on the property to be annexed, the notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. Notices of the public hearing have been sent and posted on the site as set forth under this policy. Notice was also included as part of the related zoning change. Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of distribution of the annexation agreement, unless another time period is specifically identified by the City Commission. The annexation district agreement has been provided. The applicant has chosen to proceed more quickly than usual and has provided the necessary mapping, and other items required. Therefore the annexation agreement has already been written and is included with the packet for this application. 95 15268 Cannery District Annexation Application Page 12 of 14 Policy 12: When possible, the use of Part 46 annexations is preferred. This annexation is being processed under Part 43 provisions. APPENDIX A – PROJECT SITE GROWTH POLICY Adopted Growth Policy Designation: The growth policy designation for the amendment area and the surrounding area is Community Commercial Mixed Use which is defined as: Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. 96 15268 Cannery District Annexation Application Page 13 of 14 APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The Cannery District property adjacent to the existing Northside PUD has split jurisdiction between the City of Bozeman and Gallatin County. The property owners are developing the site under the split jurisdiction. The development includes the reuse and rehabilitation of the existing structures on the site, the construction of new structures, and the development of common parking areas and open spaces. The proposed uses for the site include health and exercise, personal and convenience services, retail, office, light manufacturing, and restaurants. The City portion of the property is zoned B-2, Community Business District. The land use designation within the Bozeman Community Plan for the entirety of the property is Community Commercial Mixed Use. The history of the property is varied, but includes the buildings associated with the historic 1917 Bozeman Canning Company Pea Cannery operations. City sewer and water were extended into these properties under County jurisdiction in 1926. In October, 2014 the Commission reviewed a concept planned unit development application for the entirety of the property. The proposed development included zero lot line building pad lots within common parking area lots with significant interconnected pedestrian and vehicular circulation. During the review of the concept plan staff and the applicant introduced the Commission to the idea of utilizing an annexation district to provide continued water and sewer service and new city services to the property while phasing the annexation of the property to a future date. The current annexation application includes the results of continued collaboration between City staff and the property owners. The executed annexation district agreement in the application provides the terms and conditions of the provision of City services and timing of annexation. APPENDIX C – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle and the site was posted. The City Clerk provided additional public notice per Resolution 4608 and no public comment was received. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Cannery District Partners LLC, 1006 West Main Street Bozeman, MT 59715 Representative: Comma Q Architecture 109 North Rouse Avenue #1 Bozeman, MT 59715 Report By: Brian Krueger, Development Review Manager 97 15268 Cannery District Annexation Application Page 14 of 14 FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS 1. Applicant’s submittal materials 2. Resolution 4322 a resolution of the Bozeman City Commission creating the Cannery Annexation District, authorizing the adoption of the Annexation Agreement and the phased annexation of the Cannery District properties. 3. Resolution 4608 – a resolution of the Bozeman City Commission declaring its intent to create the Cannery Annexation District, authorize the adoption of the Annexation Agreement, and the phased annexation of the Cannery District properties. The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. 98 Page 1 of 4 COMMISSION RESOLUTION NO. 4322 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE CREATION OF THE CANNERY ANNEXATION DISTRICT TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF PURSUANT TO THE PROVISIONS OF THE ANNEXATION DISTRICT AGREEMENT FOR THE CANNERY DISTRICT PROPERTY. WHEREAS, there has been presented to the City Commission of the City of Bozeman a written application from Cannery District Partners, L.L.C., owner of the tracts sought to be annexed herein, requesting the City Commission create an annexation district for the purpose of extending the boundaries of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana, pursuant to the terms of the annexation district, certain contiguous tracts of land lying generally northwest of the intersection of East Oak Street and North Rouse Avenue, excepting already annexed and zoned properties. WHEREAS, the legal description of the contiguous tracts, in the County of Gallatin, State of Montana, is as follows: Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS 2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S, R6E, P.M.M., Gallatin County, Montana. WHEREAS, the tracts contain 8.99± acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tracts are the subject of plats or Certificates of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and 99 Resolution 4322, Creation of the Cannery Annexation District Page 2 of 4 WHEREAS, an annexation staff report has been prepared and submitted to the Commission; and WHEREAS, the Commission has duly reviewed and considered said written annexation staff report; and WHEREAS, Cannery District Partners, LLC has submitted the attached Annexation District Agreement for Cannery District Property which creates the terms, conditions, and timing for the provision of services by the City to the Cannery Annexation District and the annexation of the tracts herein described; WHEREAS, prior to creation of the Cannery Annexation District and the annexation of the above described tracts, an agreement between the City and the owner of said tract addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of way, public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of Special Improvement Districts, impact fees, water and sewer hookup fees, sewer and water capacity analysis, annexation timing, interim provision of services, impact fees and traffic impacts to said contiguous tract and other parcels directly affected or impacted by this annexation, shall be fully executed; and WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts hereinbefore described to create the Cannery Annexation District and extend the boundaries of the City of Bozeman so as to include said contiguous tract of land hereinbefore described within the corporate limits of said City of Bozeman, Montana pursuant to the terms of the attached Annexation District Agreement for the Cannery Annexation District (the “Annexation Agreement”); and WHEREAS, Commission Resolution No. 4608 was adopted by the City Commission on June 22, 2015 as Action Item Agenda No. 3, declaring it to be the intent of the City of Bozeman to create the 100 Resolution 4322, Creation of the Cannery Annexation District Page 3 of 4 Cannery Annexation District and extend the boundaries of said City so as to include said contiguous tract within the corporate limits of the City; and WHEREAS, on June 22, 2015, the Commission authorized and directed staff, upon satisfaction by the applicant of the revised terms of the annexation district, to prepare the necessary documents to proceed with the creation of the annexation district in accordance with said Commission Resolution No. 4608; and WHEREAS, a public meeting on said annexation district creation was duly noticed and held on July 20, 2015; and WHEREAS, no members of the general public expressed objections to said annexation at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared, subject to the condition that the provision of the services to the contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City of Bozeman be extended by creation of the Cannery District Annexation pursuant to Section 7-2-4625, MCA, so as to include the contiguous tract hereinbefore described within the boundaries and corporate limits of the City of Bozeman, Montana pursuant to the terms of the Annexation Agreement, included herein as Attachment A. Section 2 That the effective date of this annexation district is July 20, 2015 101 Resolution 4322, Creation of the Cannery Annexation District Page 4 of 4 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th Day of July, 2015. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123