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Home My WebLink AboutC4. Ordinance 19331 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development SUBJECT: Final Adoption of Ordinance 1933, Sourdough Water Tank Annexation Zone Map Amendment, establishing PLI (Public Lands and Institutions) for 11.663 acres at 4330 Sourdough Road. Application 15529. MEETING DATE: February 22, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1933, Sourdough Water Tank Annexation Zone Map Amendment, establishing PLI (Public Lands and Institutions) for 11.663 acres at 4330 Sourdough Road. BACKGROUND: On February 8, 2016 the City Commission approved the Sourdough Water Tank Annexation. The companion zone map amendment was also approved for PLI (Public Lands and Institutions). All required steps for the annexation have been completed. Therefore, it is necessary to finalize the zoning as well. Provisional adoption was approved on February 8, 2016. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption Ordinance 1933 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 1933 Exhibit Map Report compiled on February 8, 2016 Commission Memorandum 57 Page 1 of 4 ORDINANCE NO. 1933 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 11.663 ACRES TO PUBLIC LANDS AND INSTITUTIONS (PLI) DISTRICT AT 4330 SOURDOUGH ROAD INCLUDING ADJACENT PUBLIC RIGHT OF WAY. 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 District) for approximately 11.663 acres of the property has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on January 19, 2016, to receive and review all written and oral testimony on the request for a zone map amendment; and 58 Ordinance No. 1933, The Sourdough Water Tank Annexation Zone Map Amendment Page 2 of 4 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 February 8, 2016, 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 situated in the NW1/4 SW1/4 of Section 29 and the NE1/4 SE1/4 of Section 30, Township 2 South Range 6 East, Gallatin County, Montana, Montana, being more fully bounded and described as follows: Beginning at the East 1/4 corner of said Section 29; thence along the E-W mid-section line of said Section 29 N89°52'00"E 660.00 feet to the NE corner of Tract 12B of Certificate of Survey No. 350J; thence along the west line of said certificate of survey S00°00'00"E 721.54 feet to a point on the south line of the dedicated road right-of-way as shown on the Sourdough Hills Subdivision; thence along said right-of-way line S89°59'58"W 705.00 feet to a point on the west right-of-way line of Sourdough Road; thence along said right-of-way line N00°00'00"W 719.91 feet to a point of the E-W mid-section line of said section 29 extended; thence along said line N89°52'00"E 45.00 feet to the point of beginning. Said Tract being 11.663 acres. Said tracts containing in area 11.663 acres. SUBJECT to all easements of record or apparent from a visual inspection of the property. 59 Ordinance No. 1933, The Sourdough Water Tank 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.” 60 Ordinance No. 1933, The Sourdough Water Tank 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 8th day of February 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ STACY ULMEN, CMC 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 February 2016. The effective date of this ordinance is March 23, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 61 62