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Home My WebLink AboutResolution No. 4372, Annexing a 0.7513 acres for Shining Mountains Evangelical Church REPORT TO: Honorable Mayor and City Commission FROM Dave Skelton, Senior Planner Tim McHarg, Director, Planning and Community Development SUBJECT: Shining Mountains Evangelical Lutheran Church Annexation #A-05005 Commission Resolution No. 4372 MEETING DATE: Monday, April 2, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4372 annexing the 0.7513 acre tract, known as the Shining Mountains Evangelical Lutheran Church annexation. BACKGROUND: The city received an application for annexation on March 31, 2005. On April 4, 2005 the City Commission granted Shining Mountains Evangelical Lutheran Church their request to connect to city services prior to formal annexation finding that the applicant’s septic system that serves both the church and the parsonage has failed. As a contingency of approval to connect to city services the applicant executed a waiver of right to protest annexation on April 6, 2005. On August 15, 2005 the City Commission approved the applicant’s request for annexation to the corporate limits of the City of Bozeman. The property is located generally at the southwest intersection of North 25th Avenue and West Villard Street and is wholly surrounded by the City. The tract is approximately 0.7513 acres in size and the application. The application satisfied goals and policies of Commission Resolution 3137 and the City Commission approved the annexation at a public hearing on August 15, 2005. While the applicant proceeded with addressing the terms and contingencies of the Commission’s approval for both the request for annexation and establishing an initial municipal zoning designation, the Annexation Agreement document has not been fully executed by the applicant’s representatives until recently. In reviewing the goals and polices of City Commission Resolution No. 3137 and Resolution No. 3907 the Planning Office finds that the request for annexation as originally approved is still essentially in conformance with the Bozeman Community Plan. The signed annexation agreement and accompanying materials have been provided and the resolution of annexation now needs to be adopted. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1) Approve the resolution as provided by staff. 2) Approve the resolution modified as directed by the City Commission. Commission Memorandum 47 3) Not approve the resolution. FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development access to existing City sewer and water services and service by the public services (police, fire, streets, etc.) of the City. This would increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal service. Attachments: Commission Resolution 4372 Annexation Agreement Annexation Map Report compiled on: March 19, 2012 48 COMMISSION RESOLUTION NO. 4372 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from the Shining Mountains Evangelical Lutheran Church owners of tracts of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying generally at the southwest corner of North 25th Avenue and West Villard Street, County of Gallatin, State of Montana; and WHEREAS, the Shining Mountains Evangelical Lutheran Church are the current landowners of record of property described as Lots 5, 6 and 7, Block 1, Kable Subdivision, located in the Northeast One-Quarter of Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on August 15, 2005; and WHEREAS, a public hearing on said annexation petition was duly noticed and held on August 15, 2005; and WHEREAS, no members of the public spoke in regards 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 49 2 WHEREAS, on August 15, 2005, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with terms of annexation specified in the staff report; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and the Shining Mountains Evangelical Lutheran Church; and WHEREAS, said contiguous tracts are described as Lots 5, 6 and 7, Block 1, Kable Subdivision, located in the Northeast One-Quarter of Section 11, T2S, R5E, P.M.M., Gallatin County, Montana; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these contiguous tracts is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, M.C.A., the following- described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 0.7513 acres of land, to wit: A. Shining Mountain Evangelical Lutheran Church Legal Description: Lots 5, 6, and 7, Block 1, Kable Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, described as follows: Beginning at the southwest corner of Lot 5, Block 1, said Kable Subdivision; thence northerly 000°56'00", assumed azimuth from north, 240.00 feet along the west line of said Block 1 to the northwest corner of Lot 7, Block 1, Kable Subdivision; thence easterly 089°31'00" azimuth 136.49 feet along the north line of said Lot 7 to the northeast corner of said Lot 7; thence southerly 180°58'33" azimuth 240.00 feet along the east line of said Block 1 to the southeast 50 3 corner of said Lot 5; thence westerly 269°31'00" azimuth 136.31 feet along the south line of said Lot 5 to the point of beginning, containing 0.7513 acres and subject to existing easements. B. Adjacent Road R/W Legal Description: That part of North 25th Avenue and West Villard Street described as follows: Beginning at the southeast corner of Lot 5, Block 1, said Kable Subdivision; thence northerly 000°58'33", assumed azimuth from north, 240.00 feet along the east line of said Block 1 to the northeast corner of Lot 7, Block 1, Kable Subdivision; thence westerly 269°31'00", azimuth, 136.49 feet along the north line of said Lot 7 to the northwest corner of said Lot 7; thence northerly 000°56'00" azimuth 60.02 feet to the southwest corner of Lot 1, Block 2, said Kable Subdivision; thence easterly 089°31'00" azimuth 196.55 feet along the south line of said Lot 1, Block 2, and its easterly extension to the east right-of-way line of North 25th Avenue; thence southerly 180°58'33" azimuth 300.02 feet along said east right-of-way line; thence westerly 269°31'00 azimuth, 60.02 feet to the point of beginning, containing 0.6013 acres and subject to existing easements. Section 2 The effective date of this annexation is April 2, 2012. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated March 19, 2012, by and between the City of Bozeman and the Lots 5, 6 and 7, Block 1, Kable Subdivision, located in the Northeast One-Quarter of Section 11, T2S, R5E, P.M.M., Gallatin County, Montana owners of said tracts of land. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of April 2, 2012. _________________________________ SEAN A. BECKER Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67