HomeMy WebLinkAboutFinal Adoption Ordinance 1898 Fellowship Baptist Church_11
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Heather Davis, Associate Planner
Brian Krueger, Development Review Manager Wendy Thomas, Community Development Director
SUBJECT: Approve Final Adoption of Ordinance 1898 approving the Fellowship
Baptist Church Zone Map Amendment to rezone approximately 1.54-acres
from R-3 (Residential Medium Density District) to R-4 (Residential High
Density District) generally located on North 27th between Tschache Lane and Oak Street, Application Z14201
MEETING DATE: October 13, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: The City Commission approves the 2nd reading and final adoption of Ordinance 1898 for a zone map amendment to rezone approximately 1.54-acres from R-3
(Residential Medium Density District) to R-4 (Residential High Density District) generally
located on North 27th between Tschache Lane and Oak Street.
RECOMENDED MOTION: Should the Commission remove this from the consent agenda we
recommend the following motion: “Having reviewed and considered the application materials, public comment, and all of the information presented, and a public hearing and a provisional
adoption of Ordinance 1898 having previously been held on October 6, 2014. I hereby approve
final adoption of Ordinance 1898 for a zone map amendment to rezone approximately 1.54-acres
from R-3 (Residential Medium Density District) to R-4 (Residential High Density District),
Application Z14201.”
BACKGROUND: The property owners and applicants Fellowship Baptist Church submitted a zone map amendment that was approved for this property by the Commission on October 6,
2014 and now requires the final adoption of the implementing ordinance to be approved. The
Commission’s approval of this consent item incorporates the findings made for the Zone Map
Amendment with the Commission’s approval on October 6, 2014.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Adopt the ordinance as provided by staff
3. Not adopt the ordinance
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future development will generate both costs and revenues dependent on the nature of the development.
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Attachments: Ordinance 1898
Fellowship Baptist Church ZMA Exhibit
Report compiled on: October 8, 2014
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ORDINANCE NO. 1898 Page 1 of 4
ORDINANCE NO. 1898
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR THAT PART
OF LOT 5, ANNIE SUBDIVISION, PHASE 2, AND ADJACENT PORTIONS OF N.
27TH AVE AND N. 25TH AVE.; LOCATED IN THE NE1/4 OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to rezone approximately 1.54-acres from R-3 (Residential Medium Density District) to R-4
(Residential High Density District) has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on September 16,
2014, 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 recommended by the Community
Development Department and as provided for in the staff report for approval of 1.54-acres from
R-3 (Residential Medium Density District) to R-4 (Residential High Density District); and
WHEREAS, after proper notice, the City Commission held its public hearing on October
7, 2014, 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 thirteen 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 thirteen criteria; and
WHEREAS, at its meeting held on October 6, 2014, the City Commission found that
the proposed zone map amendment would be in compliance with Bozeman’s adopted growth
policy and would be in the public interest.
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ORDINANCE NO. 1898 Page 2 of 4
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-4" (Residential High Density District):
That part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2
South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, described as
follows:
Commencing at the northwest corner of said Lot 5, at a point which is also the C-N 1/16 corner of said Section 2; thence southerly 181°28'43", assumed azimuth from north, 466.42 feet along
the west line of said Lot 5 and also being the centerline of North 27th Avenue to the Point of
Beginning; thence easterly 091°28'57" azimuth, 322.35 feet; thence southerly 181°28'43"
azimuth, 222.35 feet along the center line of North 25th Avenue; thence southerly 48.42 feet on a
tangential curve concave to the east, radius 340.00 feet and central angle 8°9'33" along said centerline; thence westerly 271°29'48" azimuth, 325.79 feet to the centerline of North 27th
Avenue and the western boundary of Lot 5; thence northerly 001°28'43" azimuth, 270.53 feet
along the center line of North 27th Avenue and the western boundary of Lot 5 to the point of
beginning.
Area = 87,286 square feet, 2.0038 acres or 8,109.1 square meters. Subject to 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
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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ORDINANCE NO. 1898 Page 3 of 4
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 “Zoning Map Amendments.”
Section 6
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, at a
regular session thereof held on the 6th day of October, 2014.
___________________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC City Clerk
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ORDINANCE NO. 1898 Page 4 of 4
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the 20th day of October, 2014.
___________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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