HomeMy WebLinkAboutFinally Adopt Ordinance No. 1825, establish R-2 for Shining Mountain Evangelical Lutheran Church
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Ordinance 1825 – Second Reading
Z-05069 Shining Mountains Evangelical Lutheran Church
Zone Map Amendment
MEETING DATE: Monday, April 16, 2012
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Approve second reading of Ordinance 1825 implementing the prior
City Commission action on zone map amendment Z-05069 to establish a municipal zoning
designation with annexation of the subject property of R-2 (Residential, Two-Household
Medium Density District) on 0.7513 acres known as the Shining Mountains Evangelical
Lutheran Church Zone Map Amendment.
BACKGROUND: The City Commission approved zone map amendment application Z-05069
on August 15, 2005 subject to three contingencies necessary for the preparation of the final
ordinance. The contingencies have been met pending final execution of the annexation
agreement and the final ordinance is now prepared for Commission action. The City
Commission approved the first reading on April 2, 2012. The ordinance would become effective
thirty days following approval of the second reading.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1) Approve the ordinance as provided by staff and previously acted on by
the City Commission.
2) Approve the ordinance as modified by the City Commission.
3) Not approve the ordinance.
FISCAL EFFECTS: No immediate fiscal affects are anticipated from this application. This
does not affect any budgeted expenditure.
Attachments: Ordinance 1825
Zone Map Amendment Exhibit
Report compiled on: March 29, 2012
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ORDINANCE NO. 1825
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE THE
AREA OF LOTS 5, 6 AND 7, BLOCK 1 OF KABLE SUBDIVISION AS “R-2”
(RESIDENTIAL, TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) FOR 0.7513
ACRES LOCATED IN THE NE1/4 OF SECTION 13, T2S, R5E, PMM, GALLATIN
COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to establish an initial municipal zoning
designation of “R-2” (Residential, Two-Household Medium Density District) has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 19, 2005,
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 proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on August
15, 2005, 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 twelve zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on August 15, 2005, the City Commission found that
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Ordinance No. 1825, Zone Map Amendment
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the proposed zone map amendment would be in compliance with Bozeman’s adopted growth
policy and would be in the public interest.
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 "R-2" (Residential Two-Household Medium Density District):
A tract of land located in the northeast quarter of Section 12, Township 2 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana, being further described as follows:
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 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 0.613 acres and subject to existing easements.
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Ordinance No. 1825, Zone Map Amendment
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Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana at a regular session thereof held on the 2nd day of April, 2012.
_____________________________
SEAN A. BECKER
Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading, at a regular session thereof held on the 16th day
of April, 2012.
_____________________________
SEAN A. BECKER
Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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