HomeMy WebLinkAboutFellowship Baptist Church Zone Map Amendment #Z-08075
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
SUBJECT: Fellowship Baptist Church Zone Map Amendment, #Z-08075
MEETING DATE: Monday, August 4, 2008
RECOMMENDATION: That the City Commission approves a zone map amendment
application from R-3 to R-4 for the subject property subject to the terms and contingencies
provided in Zoning Commission Resolution No. Z-08075.
BACKGROUND: The applicant proposes to amend the City of Bozeman Zoning Map from
R-3 (Residential Medium Density District) to R-4 (Residential High Density District) on the
north 2.818 acres for a parcel of land in Phase 2 of Annie Subdivision. The property is generally
located at the northeast corner of the intersection of West Oak Street and North 27th Avenue.
The request for a zone map amendment was considered by the Zoning Commission at its July 1,
2008 public hearing and on a vote of 3-0 recommends approval of said zone map amendment
from R-3 to R-4 with the provisions outlined in the Zoning Commission resolution.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues
for the proposed development at this time. Public testimony regarding the use of the site as a
temporary gravel transfer station has been addressed by the applicant.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues with development of the property, and costs from additional service
demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
168
169
170
171
172
173
174
175
176
177
FELLOWSHIP BAPTIST CHURCH ZONE MAP AMENDMENT FILE NO. Z-08075
BOZEMAN ZONING COMMISSION STAFF REPORT
Item: Zoning Application No. Z-08075 – An application to amend the City of Bozeman
Zone Map on approximately 02.818± acres of land from R-3 (Residential Medium
Density District) to R-4 (Residential High Density District), being the north portion
of Lot 5, Annie Subdivision, Phase 2, City of Bozeman and located in the NE ½ of
Section 2, T2S, R5E, P.M.M., Gallatin County, Montana
Applicant/Owner: Fellowship Baptist Church
% Jeremey Shea
2165 Durston Road
Bozeman, MT 59718
Representative: Gaston Engineering & Surveying
P.O. Box 861
Bozeman, MT 59771
Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 1, 2008 at 7:00 p.m.
and before the Bozeman City Commission on Monday, August 4, 2008 at 6:00 p.m.
both in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana
Report By: Dave Skelton, Senior Planner
City of Bozeman Department of Planning and Community Development
Recommendation: Approval with Terms and Contingencies
----------------------------------------------------------------------------------------------------------------------------
Location/Description:
The subject property is legally described as being the north portion of Lot 5 of Annie Subdivision,
Phase 2, City of Bozeman, located in the NE ¼ of Section 2, T2S, R5E, PMM, Gallatin County,
Montana, being approximately 2.818± acres in size. The site being considered is located at the
southeast corner of the intersection of North 27th Avenue and Tschache Lane, lying east of West Winds
Subdivision, Phase 1A and 1B, and west of the undeveloped park, Rose Park. Please refer to the
vicinity map on the following page.
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 1
178
Vicinity Map
RECOMMENDED CONDITIONS OF APPROVAL
Based upon review and consideration by the Development Review Committee and Planning Staff, and
after evaluation of the proposed zoning against the criteria set forth in 18.70.020 of the Unified
Development Ordinance and Section 76-2-304 Montana Codes Annotated, the Planning Staff
recommends approval of the requested Zone Map Amendment.
If the City Commission chooses to annex the subject property, staff recommends approval of a
municipal zoning designation of R-1 (Residential Single Household, Low Density District), contingent
on the following terms and contengencies:
1. That all documents and exhibits necessary to amend the City of Bozeman Zone Map for a zone
map amendment from “R-3” to “R-4” shall be identified as “Fellowship Baptist Church Zone
Map Amendment”.
2. That the Ordinance of the Zone Map Amendment shall not be adopted until a creation of the
two-lot minor subdivision has been formally platted and establishes the boundaries of said zone
map amendment. If the two-lot minor subdivision is not approved, the application shall be null
and void.
3. That the applicant submit a zone amendment map, titled “Fellowship Baptist Church Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital
copy of the area to be zoned, acceptable to the Director of Public Service, which will be
utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 2
179
Map. Said map shall contain a metes and bounds legal description of the perimeter of the
subject property and zoning districts, and total acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
Proposal:
The applicant, Fellowship Baptist Church, has made application to the Bozeman Planning Office for a
Zone Map Amendment to amend the City of Bozeman Zone Map from R-3 (Residential Medium
Density District) to R-4 (Residential High Density District) on approximately 2.818 acres of land
presently located in the corporate limits of the City of Bozeman. The proposal would require a two-lot
minor subdivision to create a separate lot that would mirror the boundary for the requested zone map
amendment.
Background:
The site being considered with this zone map amendment application is part of an existing parcel of
land approved for construction of a 53,000 square foot church and site related improvements that
occupies an existing 10.99-acre parcel of residential land zoned R-3. This application would amend
the City of Bozeman Zone Map on the north 2.818 acres of the parcel to R-4 (Residential High Density
District). With approval of the proposed Fellowship Baptist church in June of 2006 the applicant is
required to construct North 25th Avenue along the east boundary, as well as complete North 27th
Avenue to a full collector road standard. Presently the applicant has yet to proceed with construction
of the church and is pending the outcome of this zone map amendment application to determine if they
will proceed with the project.
Land Classification and Zoning:
The following land uses and zoning are adjacent to the subject property:
North: Tachache Lane and partially developed land zoned R-4 (Residential High Density
District).
South: Remainder of Lot 5 zoned R-3 (Residential Medium Density District, West Oak Street,
and developed lands (i.e., Castlebar Apartments and Annie Subdivision, Phase Three)
zoned R-3 (Residential Medium Density District).
East: Rose Park zoned R-3 (Residential Medium Density District) and StoneRidge
Subdivision P.U.D. zoned B-2 (Community Business District).
West: North 27th Avenue and partially developed lands (i.e. West Winds Subdivision, Phase
1A and 1B) zoned R-3 (Residential Medium Density District).
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 3
180
REVIEW CRITERIA:
The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the
Bozeman 2020 Community Plan, the City of Bozeman Zoning Ordinance, and the twelve (12) criteria
established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following
summary-review comments for consideration by the Zoning Commission and City Commission.
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The Future Land Use Map of the Bozeman 2020 Community Plan designates the property
to develop as “Residential”. The “Residential” land use classification defines areas where the
primary activity is residential with other uses permitted that complement residential land uses such
as parks, low intensity home based occupations, fire stations, churches, and schools. All residential
developments should be arranged with consideration given to the existing character of adjacent
development, any natural constraints such as steep slopes, and in a fashion that advances the
overall goals of the Bozeman 2020 Community Plan.
The R-4 (Residential High Density District) zoning designation would implement the goals of
the Residential land use designation. The intent and purpose of the R-4 zoning is to provide for
high-density residential development through a variety of housing types within the City with
associated service functions. This will provide for a variety of compatible housing types to
serve the varying needs of the community’s residents. The net density, as defined in Chapter
18.80 BMC, for new developments shall be 8 dwellings per acre or greater. Although some
office use is permitted, it shall remain as a secondary use to residential development.
Secondary status shall be as measured by percentage of total building area. The construction of
the high density residential dwellings on the site will comply with the description of the
Residential planning designation.
Goal 6.6.1, Objective 1: The land use map and attendant policies shall be the official guide for
the development of the City and shall be implemented through zoning regulations, capital
improvements, subdivision regulations, coordination with other governmental entities, and
other implementation strategies.
2. Is the new zoning designed to lessen congestion in the streets?
Yes. Additional traffic is anticipated with an increase in the number of residential dwellings
permitted with the R-4 zoning designation. However, the trip generations expected with
development of the property would not exceed present thresholds necessary to mitigate the
identified traffic impacts. The site is currently bound by a principal arterial road (i.e., West
Oak Street) on the south, a collector road on the west (i.e., North 27th Avenue), and local street
on the north (i.e., Tschache Lane). With development of the site, the landowner is required to
develop North 27th Avenue to a full collector standard and a fourth street, North 25th Avenue,
constructed to a local street standard is required on the east side of the site.
3. Will the new zoning secure safety from fire, panic and other dangers?
Yes. The standards of development, and accompanying development review process, will
adequately address the issues of health and general welfare. With review of the proposed
Fellowship Baptist church to be constructed on the south two-thirds of the site the applicant was
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 4
181
required to provide a water and sewer comprehensive design report, stormwater drainage, grading
plan, and traffic impact analysis to ensure adequate infrastructure capacity is available. The
conditions of approval recommended by Development Review Committee were established to
secure safety from fire, panic and other dangers. Furthermore, the D.R.C. noted that adequate
municipal infrastructure and services were available to service development of the subject property.
4. Will the new zoning promote health and general welfare?
Yes. The regulatory provisions established through the City’s municipal code under Title 18,
Unified Development Ordinance, BMC, will adequately address the issues of health and
general welfare. The development of residential dwelling units or other permitted uses
allowed in the R-4 district would not be permitted without proper review and approval by the
Montana Department of Health and Environmental Sciences, City Engineer's Office, and
Planning Director. Development issues related to municipal infrastructure (i.e., water and
sanitary sewer) and public services (i.e., police and fire protection) will be addressed with
proper site plan review and/or subdivision review. Municipal infrastructure is available in the
adjacent streets to service the site.
5. Will the new zoning provide adequate light and air?
Yes. The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the
requested R-4 zoning district provides the necessary provisions (i.e., yard setbacks, lot
coverage, open space and building heights), which are intended to provide for adequate light
and air for any proposed development on the subject property.
6. Will the new zoning prevent the overcrowding of land?
Yes. The “R-4” (Residential High Density District) zoning district will restrict density though
various limitations including yard setbacks, lot coverage, parking standards, height limits and other
standards. These standards have been determined to be adequate safeguards to prevent
overcrowding. Additional standards exist with the International Building Code to address
occupancy standards within individual dwelling units.
This criteria is intended to prevent any inconsistencies between the intensity of development
and the infrastructure needed to avoid detrimental or unsafe consequences of that development.
There are various standards and review procedures used by the City to avoid such negative
outcomes. Examples of standards are for sewer flow capacity, traffic congestion levels of
service, and availability of fire fighting water. Examples of review procedures is the site plan
review process and associated criteria of Chapter 18.34, BMC and building codes. So long as
adequate services can be provided to meet demands of development the land will not be
overcrowded.
7. Will the new zoning avoid the undue concentration of population?
Yes. Adequate provision of water, sewer, parks, and other items, for which standards have been
established by the City of Bozeman, will avoid undue concentration of population by ensuring the
facilities exist to accommodate the number of dwellings proposed with the final development. The
development plans will be subject to public review prior to the commencement of any
construction to ensure that adequate provision will be actually carried out.
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 5
182
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer,
schools, parks, fire, police and other public requirements?
Yes. The D.R.C. has determined that municipal infrastructure is located in proximity to the site
and is currently providing municipal water and sanitary sewer services for new residences in
adjoining subdivisions. Emergency facilities are currently available to this area, and municipal
police and fire are within adequate response time of the site. Completion of the area’s
transportation network is necessary with development of any portion of the subject property
(i.e., North 25th Avenue and North 27th Avenue).
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
Yes. The Bozeman 2020 Community Plan identified the area for residential uses and
anticipates residential zoning districts. The area being rezoned is adjacent to urban residential
development to the north, south, and west with parkland and commercial development to the
east. The proposed high density residential designation places it in proximity with lands to the
north that are also zoned for high density residential, and is situated at an intersection that acts
as a major east/west connection between residential uses to the west and commercial
development to the east. Placement of high density residential in proximity to public parkland
immediately to the east is also appropriate within the context of this neighborhood. Based on
these findings, the proposed zoning appears to give reasonable consideration to the character of
the district.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The property in question is located adjacent to urban residential development to the north,
south, and west, and public parkland and commercial development to the east. The City’s
adopted growth policy has identified the property as being appropriate for residential
development. The proposed zoning is residential in nature and the area of the zone map
amendment is situated in an area that acts as a transition from commercial development and
parkland from the east to the comparatively medium density development pattern of West
Winds Subdivision to the west with multi-family development to the north (Vandermolen
property) and south (i.e., Castlebar Apartments). West Oak Street, a principal arterial road acts
as a logical demarcation boundary with residential development to the south.
11. Was the new zoning adopted with a view of conserving value of buildings?
Yes. The development of this property for high density residential uses is unlikely to create
off-site impacts that will negatively affect the adjacent existing and future uses. A variety of
standards is incorporated into the development requirements of the U.D.O. to prevent off-site
impacts of development from harming adjacent development. No buildings exist on the site
being rezoned. However, as noted previously in the staff report, the applicant has received
conditional approval to construct a 53,000 square foot church and related site improvements.
The existing and future residential dwellings to the north, south, and west are separated by
public streets within dedicated rights-of-way. These roads will act as buffers to reduce any
potential effects of development of this tract.
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 6
183
12. Will the new zoning encourage the most appropriate use of the land through such county
and municipal area?
Yes. The growth policy is the means by which land use patterns are evaluated and locations for
appropriate uses assigned in a broad fashion. As discussed in several other criteria in this
report, the proposed zoning is in compliance with the adopted growth policy and the adopted
land use development contained within. There are few physical constraints to the development
of this parcel. The growth policy guidance respecting physical limitations on development is
therefore not applicable. Such restrictions as do exist will be adequately addressed through the
development standards of the UDO. Therefore this proposed zoning does encourage the most
appropriate us of land in the municipality
To assist with the orderly development of the entire 10.99-acre parcel it is necessary that the
applicant create a separate subdivision lot for the proposed R-4 zoning designation. Therefore,
to accomplish this it is necessary to create a two-lot minor subdivision that mirrors the
perimeter of the proposed zone map amendment. This will need to be accomplished prior to
formally adopting the zone map amendment by ordinance.
Public Comment
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony on the matter. However, this office has received
public comment expressing concerns with the site being used for the stockpile and transfer of gravel
for construction purposes. Any written comments received by the Planning Office will be forwarded
to the Zoning Commission and City Commission during the public hearings.
Conclusion
The Department of Planning and Community Development, Development Review Committee, and
other applicable review agencies have reviewed the proposed Zone Map Amendment application and
have provided summary review comments as outlined above in the staff report. Based on the above
findings; staff recommends approval of the application to amend the City of Bozeman Zone Map form
R-3 (Residential Medium Density) to R-4 (Residential High Density District) with the contingencies
and terms listed on page two and three so the staff report.
Pursuant to Section 76-2-304 Montana Codes Annotated, the Zoning Commission shall review the Zone
Map amendment application to determine if the proposed zoning change meets the requirements of the
Adopted Growth Policy, state statute, and other adopted state and local ordinances. The Zoning
Commission shall act to recommend approval or denial of the Zone Map Amendment application. The
recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing on August 4, 2008. The City Commission will make
the final decision on the application.
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR
WITHIN 150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT
BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE
PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 7
184
FELLOWSHIP BAPTIST CHURCH ZMA – STAFF REPORT 8
REPORT SENT TO
Fellowship Baptist Church, 2165 Durston Road, Bozeman, MT 59718
Gaston Engineering & Surveying, P.O. Box 861, Bozeman, MT 59771
ATTACHMENTS
Staff Report Exhibits
ZMA Application & Map
Applicant’s response to ZMA criteria
185
Zoning Commission Minutes from July 1, 2008
Page 1
MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
TUESDAY, JULY 1, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson JP Pomnichowski called the meeting to order at 7:01 p.m. and directed the secretary
to record the attendance.
Members Present:
JP Pomnichowski, Chairperson
Peter Harned
Warren Vaughan
Members Absent:
Nathan Minnick (excused)
Nick Lieb (unexcused)
Staff Present:
Dave Skelton, Senior Planner
Lanette Windemaker, Contract Planner
Shoni Dykstra, Planning Secretary
Guests Present:
Jeremy Shea
Victor Hanson
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission
and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no public comment, Chairperson Pomnichowski closed this portion of the
meeting.
ITEM 3. MINUTES OF JUNE 3, 2008.
Seeing there were no changes or additions to the minutes, Chairperson Pomnichowski approved
the minutes of June 3, 2008 as submitted.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-08075 – (Fellowship Baptist Church) A
Zone Map Amendment requested by the owner, Fellowship Baptist Church, and
representative, Gaston Engineering, requesting to amend the urban zoning
designation on 2.818 acres from R-3 (Residential Medium Density District) to R-
4 (Residential High Density District) for property located at Lot 5 of Annie
MaSub, Phase 2 and legally described as a tract of land in the Section 2, T2S,
R5E, P.M.M., Gallatin County, Montana. (Skelton)
Staff Presentation:
Dave Skelton, Senior Planner, presented the staff report for the Fellowship Baptist Church Zone
Map Amendment. He noted the zone map amendment related to the northern third of Lot 5 of
186
Zoning Commission Minutes from July 1, 2008
Page 2
Annie Major Subdivision Phase 2. He stated the southern portion of the lot bordered West Oak
Street and North 27th Avenue. He stated the proposal was to amend the zoning on approximately
2.818 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density
District). He noted the property was bordered on the north by R-4, West Winds which is zoned
R-3 on the west, Rose Park on the east, and R-1 including the Castlebar apartments on the South.
He noted the various principal uses and conditional uses allowed in R-4 versus R-3. He noted
Staff found the application to be in compliance with the 12 criteria. He added public comment
had been received and responded to regarding the current utilization of the land as a storage
transfer station for construction materials. He stated construction material can be stored if it is
site specific. He noted the condition requiring the subdividing of the lot to create a clear
boundary between the two districts if the zone map amendment was approved. Staff is
recommending approval of the project.
Questions for Staff:
Peter Harned sought clarification on the amount of right of way required for the construction of
North 25th and other roads. Planner Skelton noted there would be approximately an additional 60
foot right of way requirement for North 25th and 30 feet for the undeveloped portion of Tschache
Lane, but the property will meet the minimum lot size. Mr. Harned sought clarification on
possible number of units that could be developed on the property. Planner Skelton responded a
rough estimate would be between 25 to 40 dwellings.
Chairperson Pomnichowski sought clarification on the condition requiring the subdivision of the
lot. Planner Skelton responded the applicant would have to go through subdivision review in a
timely manner in order to meet the timeline of the zone map amendment. Chairperson
Pomnichowski sought clarification on the extension of Breeze Lane. Planner Skelton responded
the Street could be continued to North 25th, but it would not go through Rose Park. Chairperson
Pomnichowski sought clarification on access to the property. Planner Skelton noted North 25th
would be an access point as well as the possible continuation of Breeze Lane from West Winds
to North 25th.
Applicant Presentation:
Jeremy Shea stated he was representing Fellowship Baptist Church. He noted the current intent
of the applicant was to continue Breeze Lane through to North 25th along the lines of the
proposed zone map amendment line. He clarified that North 25th is partially on Rose Park and
half on the Church property. He stated the proposal was to provide the funding to finalize the
new construction of the church on the southern part of the property. He also stated preliminary
discussions with Gaston Engineering had come up with 56 – 2 bedroom, 2 bathroom units being
the highest density if the zone map amendment was approved. He stated the gravel operations
would cease and desist.
187
Zoning Commission Minutes from July 1, 2008
Page 3
Questions for Applicant:
Chairperson Pomnichowski sought clarification from the applicant on the main intent of the
zone map amendment. Mr. Shea responded the primary motivation was to accommodate the
construction of apartments, but further noted the site could be developed by someone else and
he could not speak to someone else’s intentions.
Public Comment:
Victor Hanson, 2735 Harris Street, stated he submitted the letter regarding the current land
usage. He stated the property had been a public safety hazard in 2006 when they repaired the
property. He noted the persistent dust storms as well as trying to get the Planning Department to
take action for mitigation during that time. He did not feel the applicant had a plan to mitigate
the problem for new construction. He also faulted Staff for not catching the current usage of the
transfer of construction materials when the County has had so much press regarding gravel pit
operations. He stated someone is excavating on a daily basis at the site. He does not feel that
surrounding property owners should be subjected to those uses. He also noted since the property
is owned by a church he finds the offense even less excusable.
Discussion:
Warren Vaughan stated he is generally supportive of the application, but it was difficult to see the
benefit of the amendment from R-3 to R-4. He noted the application met the 12 criteria and was
adjacent to an R-4 district and avoided spot zoning.
Mr. Harned stated he agreed with Mr. Vaughan. He noted he felt the application met the 12 criteria
and mentioned the future development would be fairly close to the R-1 district to the south.
Chairperson Pomnichowski stated one of the 12 criteria was to prevent overcrowding, but she also
noted the subject properties proximity to Rose Park and the amenities that would be provided
through the Park to high density development. She stated she had never seen a condition to complete
a subdivision review before a zone map amendment went forward. She noted she had traveled on
Oak during the time Mr. Hanson had talked about. She noted she was glad to see the applicant was
taking care of the current land use, and she thanked Mr. Hanson for asking the City to address it.
Mr. Vaughan sought clarification on the condition requiring the two lot minor subdivision if the
zone map amendment was approved. Planner Skelton noted Staff could have required the applicant
to subdivide the property before the zone map amendment application went through the review
process. He stated Staff did not want to require the processing of a subdivision application unless
the applicant received the zone map amendment. Mr. Vaughan sought clarification on the benefits.
Planner Skelton noted the benefits would be future site related improvements and infill with the
creation of the two-lot subdivision. Chairperson Pomnichowski sought clarification on the process
the church had gone through. Planner Skelton noted the property has received site plan review
approval to construct a church and has addressed the site related improvements for development of
188
Zoning Commission Minutes from July 1, 2008
Page 4
the southern two thirds of the property at that time.
Mr. Harned stated the application met the 12 criteria and he did not feel there was evidence to vote
against it. Mr. Vaughan agreed and stated the location adjacent to the park was a good amenity.
Chairperson Pomnichowski noted there was no evidence to find the criteria unmet.
Motion and Vote:
It was moved by Mr. Vaughan, seconded by Mr. Harned, to recommend approval of the zone
map amendment with the contingencies listed in the Staff Report to the City Commission. Those
voting Aye being Mr. Vaughan, Mr. Harned, and Chairperson Pomnichowski. Those voting No
being none. The motion carried 3-0.
Chairperson Pomnichowski stated the project would be heard by the City Commission on August
4, 2008.
ITEM 5. NEW BUSINESS
Seeing there was no new business before the board, Chairperson Pomnichowski closed this
portion of the meeting and moved to adjourn the meeting.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting adjourned at 7:46 p.m.
_______________________________________ _______________________________________
JP Pomnichowski, Chairperson Andy Epple, Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
189
190
191
192
Fellowship Baptist Church 2165 Durston Road Bozeman, MT 59718 193
Gaston Engineering & Surveying Attn: Catherine Koenen P.O. Box 861 Bozeman, MT 59771 194
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
June 26, 2008
Fellowship Baptist Church
Attn: Jeremy Shea
2165 Durston Road
Bozeman, MT 59718
RE: Zone Map Amendment Application (#Z-08075)
Cease & Desist Order
Dear Applicants:
You are hereby notified to CEASE & DESIST operating the site at 1480 North 27th Avenue, legally
described as Lot 5 of Annie Subdivision, Phase 2, as a stockpile, storage, and transfer station for gravel
and construction materials. All such activities and operations that are not site-related improvements for
the subject property must cease immediately.
The stockpile, storage and transfer of gravel are considered an industrial operation allowed only in the
M-1 (Light Manufacturing District) and M-2 (Manufacturing and Industrial District) zoning districts,
and are not permitted on any lands or property zoned for residential land uses. You may continue the
transfer of the existing gravel that is stockpiled on the site for the next ten (10) working days. However,
you are not to stockpile and/or store any new gravel and/or construction materials and equipment on the
site. All gravel, construction materials, and equipment currently being stored on the site must be
completely removed within thirty (30) days of this notice. Failure to comply with this order will result
in further action by the City.
If you have any questions regarding said Cease & Desist Order, or your zone map amendment
application, please feel free to contact me at the Planning Department.
Thank you for your assistance with this matter.
Sincerely,
David P. Skelton
Senior Planner
cc: Gaston Engineering & Surveying, P.O. Box 861, 59771
Zoning File No. 08075
195
196
197