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Home My WebLink AboutC7. Final Adopt Ord 1918 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Final adoption of Ordinance 1918 to amend the zoning map to establish initial municipal zoning of Public Lands and Institutions on 80.325 acres on Tract 1A1 of Certificate of Survey No. 2554B, located in the Northwest Quarter of Section 3, in Township 2 South, Range 5 East including adjacent public right of way. Address is 4600 Baxter Lane. Application 15251. MEETING DATE: August 17, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1918. MOTION: I hereby grant final adoption to Ordinance 1918 to amend the zoning map to establish an initial zoning district of Public Lands and Institutions on 80.325 acres. BACKGROUND: Provisional adoption of Ordinance 1918 occurred on July 27, 2015. All necessary documents and procedures have been completed in order to allow this final adoption. This ordinance establishes the zoning in association with the annexation of the Sports Complex recently purchased with park bond funds. UNRESOLVED ISSUES: None ALTERNATIVES: 1) Approve the ordinance as drafted. 2) Disapprove the ordinance. 3) As determined by the Commission. FISCAL EFFECTS: This action will not affect any budgeted expenditures. Attachments: Ordinance 1918 Ordinance exhibit map Report compiled on: July 28, 2015 134 Page 1 of 5 ORDINANCE NO. 15-1918 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 80.325 ACRES TO PLI (PUBLIC LANDS AND INSTITUTIONS) LOCATED SOUTH OF BAXTER LANES AND WEST OF FLANDERS MILL ROAD. 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, Mont. Code Ann.; 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, Mont. Code Ann.; 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), has been properly submitted, reviewed and advertised; and 135 Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2015, 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 subject to contingencies necessary to complete adoption by ordinance; and WHEREAS, after proper notice, the City Commission held its public hearing on July 27, 2015, 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): LEGAL DESCRIPTION OF PRIMARY ANNEXATION TRACT A tract of land, said tract being Tract 1A1 of Certificate of Survey No. 2554B, located in the Northwest Quarter of Section 3, in Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said tract being further described as follows: Beginning at the northwest corner of said Section 3, also being the northwest corner of Tract 1A1 of Certificate of Survey No. 2554B; thence North 89°52’38” East, on the north line of said section, a distance of 1323.93 feet; thence South 01°11’33” West, on the east line of said tract, a distance of 2633.96 feet; thence North 89°50’13” West, on the south line of said tract, a distance of 1321.67 feet; thence North 01°08’46” East, on the west line of Section 3, a distance of 2627.32 feet to the Point of Beginning. 136 Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment Page 3 of 5 The described tract has an area of 79.869 Acres. The described tract is as shown on the accompanying exhibit and is along with and subject to any existing easements. LEGAL DESCRIPTION OF ADJACENT BAXTER LANE R/W A tract of land, said tract being located in the Southwest Quarter of Section 34, in Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said tract being further described as follows: Beginning at the southwest corner of said Section 34, also being the northwest corner of Tract 1A1 of Certificate of Survey No. 2554B; thence North 00°26’16” East, on the west line of said section, a distance of 30.00 feet, to the intersection of said section line and the westerly extension of the north Baxter Lane right-of-way; thence North 89°52’38” East, on the north line of said right-of-way, a distance of 660.83 feet, to the intersection of said line and the westerly line of Plat of Baxter Meadows Subdivision, Phase 3A; thence South 07°00’07” East, on said westerly line, a distance of 30.22 feet, to the intersection of said line and the south line of said Section 34; thence South 89°52’38” West, on the south line of said section, a distance of 664.74 feet to the Point of Beginning. The described tract has an area of 0.456 acres, more or less. The described tract is shown on the accompanying exhibit “A” 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 137 Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment Page 4 of 5 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.” 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 27th day of July 2015. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ________________________________ STACY ULMEN, CMC City Clerk 138 Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment Page 5 of 5 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 17th day of August 2015. The effective date of this ordinance is September 16, 2015. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 139 ENGINEERING CONSULTANTS THOMAS, DEAN & HOSKINS, INC. SPORTS COMPLEX ZONE MAP AMENDMENT BOZEMAN, MONTANA TRACT 1A1 OF COS NO. 2554B LOCATED IN THE NW 1/4 OF SEC. 3, T2S, R5E, P.M.M. GALLATIN COUNTY, MONTANA 140