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HomeMy WebLinkAbout1988-04-04 146 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 4, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 4, 1988, at 2:00 p.m. Present were Mayor Pro Tempore Hawks, Com- missioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City I Attorney Becker and Clerk of the Commission Sullivan. Mayor Stiff was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Pro Tempore asked if any the Commissioners wished any of the Consent Items re- moved for discussion. Commissioner Vant Hull asked that the request for authorization to pro- vide parking permits to conference guests be removed for discussion. Minutes It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of March 28, 1988 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" i tern s . ( 1 ) The agenda for the Board of Adjustment meeting which was held th is afternoon. (2) The City Manager stated that the Senior Center was entered and burglarized over the weekend. He indicated that the City has a $10,000 deductible on its insurance policy to cover vandalism. (3) City Attorney Becker reviewed actions which he and co-counsel Don Herndon have I filed in the Mark Story case. He indicated that today they filed a motion on the judgment not- withstanding the verdict, based on three issues. He stated they have also fi led a motion for a new trial, based on six issues. The City Attorney stated that he anticipates the Judge will hear and rule on those two motions by the end of April. He then indicated that if the Court decides against the City on those two motions, he wi II file an appeal with the Supreme Court. City Attorney Becker stated that he has also fi led a motion for Stay of Execution on the judgment, noting that State law does not allow an individual to seize any City property to cover a judgment that has been awarded. He also indicated that Mr. Morgan, Mr. Story's attorney, filed a bill of cost with the Court in the amount of $4,000, to which the City has objected. He further noted that the bill is mainly for depositions which were not used during the trial; there- fore, the bill is inappropriate. He also indicated that Mr. Morgan filed a notice of fee agreement with the Court after the judgment was entered. The City has objected since the notice must be fi led when the ag reement is made; therefore, the timing of the fi I ing is inappropriate. (4) Commissioner Goehrung suggested that the Commissioners prepare a written list of goa Is prior to the meeting of Apri I 25 to help expedite that process. Following discussion, the Commissioners concurred that they will prepare lists of goals and submit them to the Clerk of the Commission for inclusion in the packets for that meeting. (5 ) Commissioner Goehrung asked if the staff has considered possible watering restric- tions for the upcoming season, noting the lack of moisture in the watersheds in the area. City Manager Wysocki stated the staff has discussed this item and is watching the rainfall through the next month, as well as statistics on the moisture remaining in the watershed, before I making a determination on whether watering restrictions should be imposed. (6) Commissioner Martel noted that a portable skateboard jump has been constructed on the public sidewalk along South Willson Avenue; and expressed concern about the liability that could be incurred if someone were hurt. (7) Mayor Pro Tempore Hawks stated that during the public hearings on Spring Mea- dow Subdivision, the installation of sidewalks along South Third Avenue was discussed. He noted the community is not pedestrian friendly; and the City should take any action it can to 04-04-88 147 make it safer for pedestrians. The City Manager reminded the Commissioners that a portion of the property on each side of South Third Avenue lies outside city limits. He also noted that several conscious decisions must be made on the location of the sidewalk due to the terrain. (8) Mayor Pro Tempore Hawks asked about the next step for beautification of North Seventh Avenue, including possible installation of sidewalks. I Commissioner Martel then suggested the possibility of expanding the beautification project to include all entrances to the community, with a beginning effort possibly being through the spring clean-up campaign. Request for authorization to provide parking permits to conference guests - Bozeman Area Cham- ber of Commerce City Manager Wysocki stated that Commissioner Vant Hull had requested this item be re- moved from the Consent Items. Commissioner Vant Hull asked why the Downtown Bozeman Association is not listed on the parking permit. Ms. Daria Joyner, Executive Vice President of the Bozeman Area Chamber of Commerce, stated the parking permit may be used in any two-hour parking area. Mayor Pro Tempore Hawks asked if authorization could be obtained to use the parking permit on the Montana State University campus also. He noted that at the present time, if a resident of Montana gets a parking ticket on campus, he can turn it in at the Security Office and have it voided. He noted that process can become annoying; and recognition of the parking permit could relieve some of that annoyance. Ms. Joyner stated she wi II pursue that possibi lity. The City Manager noted that the parking permits provide a courtesy extension of the two-hour parking and recommended that the Commission authorize their use for conference guests. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the request submitted by the Bozeman Area Chamber of Commerce for authori- zation to provide parking permits to conference guests. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commis- sioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize Mayor Pro Tempore to sign - Certificate of Survey for a portion of Highland Boulevard Claims It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate per- sons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Update on status of ad hoc committee to review business license ordinance Ms. Terri Sullivan, secretary of the ad hoc committee to review the business license or- dinance, provided the Commission with a brief update on the status of that committee. She noted the committee has held five meetings to date; and has been bogged down in trying to iden- tify the group's goals. She indicated that the committee will begin to review Title 5 at next I week's meeting; and it may be difficult to complete their work by the deadline. Ms. Sullivan in- dicated the committee is leaning toward a flat fee plus for variables; and they are also leaning toward licensing of home occupations. She noted that the attorney is currently reviewing those categories that are exempt and has found at least some of those are exempt by court decisions. She noted some individuals in those categories have indicated they are not opposed to paying some type of fee; however, they cannot be assessed a business license fee. Commissioner Goehrung asked what type of additional fees could be added to the flat fee. Ms. Sullivan stated that businesses with extremely large square footages would probably 04-04-88 148 be assessed an additional fee; and the committee is considering other possible variables as well. Terri Sui I ivan stated the committee does feel that to implement a fire inspection fee out- side Title 5 would be beneficial; however, they recognize the possible strain that could be placed on City personnel and question whether it is economically feasible. Recess - 3:22 p.m. Mayor Pro Tempore Hawks declared a recess at 3:22 p.m., to reconvene at 7:00 p.m. for I the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Pro Tempore Hawks reconvened the meeting at 7:00 p.m. for the purpose of con- ducting the scheduled public hearings. Public hearing - Commission Resolution No. 2690 - intent to create SID No. 653 - paving, curb and gutter and sidewalk on a portion of Graf Street This was the time and place set for the public hearing on Commission Resolution No. 2690, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2690 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 653 FOR THE PURPOSE OF AC- COMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CURB AND GUTTER, AND SIDEWALK ON A PORTION OF GRAF STREET AND ALL OTHER NECESSARY APPURTENANCES TO COLLECTOR STANDARDS. Mayor Pro Tempore Hawks opened the public hearing. City Manager Wysocki pointed out the boundaries of the proposed special improvement dis- trict. He noted that the proposed district would provide for the development of East Graf Street from its current terminus east and south through the Spring Meadows Subdivision to collector street standards. He stated the Spring Meadows Partnership is the largest property owner in- I volved; and that entity is complying with the City's policy by installing water, sewer and streets within the subdivision through private financing. The City Manager stated that the property owners wi II be responsible for those costs associated with a residential street standard; and the City will participate in the approximate amount of $26,000 to cover the additional costs of the collector street standard. City Manager Wysocki then reviewed the percentages of the costs that would be incurred by each of those involved within the district, as follows: Spring Meadows Partnership, 74 per- cent; City of Bozeman, 12.4 percent; MSU Foundation, 11 percent; and Mr. Henry Gardiner, 2.6 percent. He then reminded the Commission that the estimated cost of the project is $211,000. He stated that the staff has proposed that the City be involved in the special improvement dis- trict, because it then has more financing options available. City Manager Wysocki noted that the City has received written protests to the creation of this special improvement district from the MSU Foundation as well as Mr. Henry Gardiner. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., representing the Spring Meadows Partnership, stated that the proposed extension of East Graf Street extends south of the district boundaries. He indicated that the extension provides access to the two large lots which are a part of the subdivision and therefore must have access under the conditions for ap- proval. He noted those parcels are under contract for deed, and to make them a part of the district would have created problems. He then stated that the costs associated with that portion of the street have been spread over the single-family residential lots within the subdivision; therefore, the Partnership is bearing those costs entirely. I Commissioner Martel noted that in its letter, the MSU Foundation strongly objects to the square footage method of assessment and asked if that is the most equitable method of assess- ment for this district. Mr. Kinshella stated that a special improvement district may be assessed on a linear foot- age basis or a square footage basis. He then indicated that the Foundation property has 380 feet of frontage; Mr. Gardiner's lot has 200 feet of frontage; the City has 600 feet of frontage along the park; and the Spring Meadows Subdivision has less than half the frontage along Graf 04-04-88 149 Street. He stated that to base the assessment on linear footage would be definitely unfair to those outside the subdivision; therefore, the square footage method was utilized. He further indicated that the City's costs are only for the difference between a residential street standard and a collector street standard. Mr. John Miller, Spring Meadows Partnership, reminded the Commission that during re- view of the preliminary plat for this subdivision, the Partnership agreed to participate in the I costs of developing Graf Street to a residential street standard. He noted, however, the street has been designated as a collector; and he indicated he also felt that the collector street should be installed initially rather than further down the road. Mayor Pro Tempore Hawks asked if the profile for this street is the same as that existing further west. Mr. Miller indicated it is not. He stated the street must be narrowed to meet the existing street width; or the existing road will need to be widened to a collector standard. Commissioner Goehrung asked why a private road system is proposed within the subdivi- sion. Mr. Miller indicated that the private road system provides different alternatives for fi- nancing as well as different cross sections for the street. He noted that since the system serves only that subdivision and does not provide a major arterial through the community, a les- ser standard can be uti Iized. Mayor Pro Tempore Hawks asked about previous special improvement districts in the imme- diate area. City Manager Wysocki stated that he reviewed the special assessments currently against Mr. Gardiner's lot and found four: paving and storm drainage against one half of the lot for Colter Avenue, water service, sewer service, and water trunk line. He noted this is a corner lot and is being treated in the same manner as other corner lots, with each street being as- sessed against one-half of the lot. Mr. Henry Gardiner, 16 East Craf Street, stated opposition to the proposed special im- I provement district, noting that his property would be involved. He indicated that the City should be very careful about adding any potential liability for special improvement districts, noting that liability can result in an additional burden on the taxpayer, like Valley Unit Sub- division. He then stated he does not feel the City should be required to participate in the dis- trict, but the developer should assume those costs since the street is for a specific subdivision's benefi t. Mr. Gardiner then stated opposition to the financial burden that he will incur per- sonally. He noted that the extension of Graf Street will not provide access to his property; therefore, he will not benefit from the special improvement district. He then urged the Com- mission to deny this requested special improvement district. Commissioner Vant Hull questioned the desirability of having cars travel along an unpaved roadway, creating dust for the neighbors. Mr. Gardiner stated he feels that those who create the problem should provide the solu- tion; therefore, the developer should pay the costs incurred. Mr. Roger Flair, 19 Trai Is End, indicated he is representing the MSU Foundation. He read the letter of protest that was submitted by Mr. Thomas Nopper, President of the Founda- tion. He indicated that the costs of these improvements should be borne by the developer, rather than asking adjacent property owners to subsidize the project. He noted that both the Foundation and Mr. Gardiner have a paved access to their properties; and the extension of East Graf Street will benefit neither parcel. Mr. Flair stated that a collector street is not of benefit to any residential area; however, it does benefit the community as a whole and should be a city- wide concern. I Mr. Flair stated that the lots owned by Mr. Gardiner and the Foundation are large subur- ban lots; and the costs to be assessed against those lots is disproportionate to those assessed against the proposed subdivision. He then indicated that since the benefit of this paving will inure to the developers of the subdivision, they should be asked to bear the full cost of the project. Commissioner Goehrung asked how the Foundation property is currently being used. Mr. Flair stated the property has a Single-family residence on the front portion, which has been donated to the Foundation for use by a faculty member; and the back portion of the lot, adjacent to the proposed street, is a nature conservancy strip with duck ponds, trees and 04-04-88 --.". 150 nesting areas. Ms. Mary Etta Parkinson, 105 Graf Street, stated she lives just outside the proposed dis- trict, where the street would narrow and possibly create a bottleneck of traffic. She expressed concern that the developer has asked for a special improvement district for the development of Graf Street, since it was her understanding that this process would not be utilized for instal- lation of improvements. She then indicated she does not feel that the City or any other prop- erty owners should be asked to participate in the improvement of East Graf Street. I Mr. Brian Rogers, 2910 Colter Avenue, stated opposition to the proposed special improve- ment district. He noted that during the public hearing on the subdivision, a professor in en- gineering addressed the roadway system problems in that area; and he feels those items should be taken into consideration. He then stated he does not feel the City should contribute toward improvement of this street; but the developer should be asked to bear all of the costs involved. Commissioner Vant Hull asked Mr. Miller how he had proposed to develop Graf Street dur- ing review of the prel iminary plat. Mr. John Miller stated that he had expressed, verbally as well as in writing, the desire to retain the option of seeking a special improvement district for the development of East Graf Street to a collector standard. He noted that all on-site improvements were to be installed through private financing; and that is being done. Mayor Pro Tempore Hawks closed the public hearing. The Mayor Pro Tempore noted one question is the definition of benefit. He then asked what benefit the parcels owned by Mr. Gardiner and the MSU Foundation would receive. City Manager Wysocki indicated the benefits would include having curb and gutter and sidewalks adjacent to those parcels. He further noted that paving of the street would alleviate noise and dust problems that could result with people travel ing to and from the proposed sub- division. The City Manager then reminded the Commissioners that they are considering a fi- nancial tool only at this time, not a subdivision. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Pacific Hide and Fur dba Pacific Steel for Dale L. and I Adolphena C. Thornton - allow construction of a 50-foot by 150-foot metal building and a 25-foot by 160-foot steel shed on Tracts 23 and 24, Gordon Mandeville State School Section Subdivision (315 West Griffin Drive) This was the time and place set for the public hearing on a Conditional Use Permit re- quested by Pacific Hide and Fur dba Pacific Steel for Dale L. and Adolphena C. Thornton to al- low the development of a retail and salvage steel business on Tracts 23 and 24 of the Gordon Mandevi lie State School Section Subdivision. The subject parcel is more commonly located at 315 West Griffin Drive. The requested Conditional Use Permit would allow construction of a 50-foot by 150-foot metal bui (ding and a 25-foot by 160-foot steel shed on the subject parcel, which is located in an M-2- T, Manufacturing and I ndustrial with a Transitional Overlay, District. Mayor Pro Tempore Hawks opened the public hearing. Planner Dave Skelton presented the Staff Report. He indicated that the applicant pro- posed to construct a building as well as a shed for steel storage and two outside storage areas. He indicated one access would be provided to the site from Griffin Drive; and the applicant has requested that access be 50 feet in width to accommodate large trucks. The Planner stated that since this parcel is located within a transitional overlay district, buffering, signage and access to municipal sewer must be addressed in addition to the standard six review criteria. He noted that following its public hearing on this item, the Zoning Com- mission recommended approval, subject to ten conditions. He then indicated that he distributed a letter from Michael Rodrique just prior to this evening's meeting asking that the Commission require an 8-foot solid fence around the salvage portion of the project rather than the 6-foot I sol id fence proposed by the appl icant. He further indicated that the City Engineer has asked that an eleventh condition be added to require that the applicant enter into a waiver of protest for the creation of special improvement districts for Griffin Drive. He noted this is a standard condition for development along Griffin Drive and was simply an oversight during initial review of the project. Commissioner Vant Hull asked if the staff would recommend requiring an a-foot fence. Planner Skelton stated the Zone Code requires a 5i-foot solid fence; and the applicant has indicated a 6-foot solid fence in his plans. He stated the staff feels the applicant has met 04-04-88 151 the zoning regulations; however, the Commission could require an 8-foot solid fence if they so choose. The Planner then indicated that the applicant is currently working with the City staff on annexation of the parcel. He noted that the timing of the annexation should fall within the schedule for the Conditional Use Permit; therefore, it shouldn't create any problems. Mr. Corbin Ross, representing the applicant, stated that the applicant agrees with the I ten conditions which have been recommended by the Zoning Commission. Commissioner Vant Hull asked if the applicant has any objections to installing an 8-foot solid fence rather than a 6-foot solid fence. Mr. Bob Koelzer, 1611 West Koch Street, indicated he is the manager of Pacific Hide and Fur. He stated that he feels a 6-foot fence is adequate, particularly along the west line of the property since buildings are located along much of that lot line. He indicated that the fence is to be chain link with colored slats run through; and he feels the costs of an additional 2 feet are unnecessary. Mayor Pro Tempore Hawks asked what the average height of the stockpiles will be. Mr. Koelzer stated the stockpiles will probably be no more than eight feet high. Commissioner Vant Hull asked if the applicant is willing to accept the eleventh condition, as suggested by the City Engineer. Mr. Corbin Ross stated the applicant has no problem with the eleventh condition as pro- posed. Commissioner Goehrung asked if relocation of the sign from the East Main Street location would comply with the zoning on the subject site. Planner Skelton stated that the existing sign will comply with zoning regulations. Mr. Dan Henderson, owner of the property at 2203 Lea A venue, indicated that he has no problem with a 6-foot fence if the steel piles are no more than eight feet high. He then asked how high the scrap metal stockpiles would be. Mr. Bob Koelzer stated that the business does not usually stockpile scrap metal, but sells I and ships it as soon as possible. Mr. John Miller, 629 Mountain View Drive, encouraged the Commission to approve the appli- cation. He noted a 50-foot driveway is necessary when big trucks are used for the business. He also indicated that a 6-foot fence is adequate. Mr. Glen Thornton indicated he has been a truck driver for twenty-six years. He indi- cated a 50-foot driveway is much safer for the truck as well as other traffic in the area than narrower driveways. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Pro Tempore Hawks closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the cus- tomary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Con- ditional Use Permit requested by Pacific Hide and Fur dba Pacific Steel for Dale L. and Adolphena C. Thornton to allow the development of a retail and salvage steel business on Tracts 23 and 24 of the Gordon Mandeville State School Section Subdivision be approved, subject to the following conditions: 1. That the property in question be annexed into the City of Bozeman prior to final site plan approval; 2. That the curb cut width onto Griffin Drive be limited to fifty (50) feet and noted accordingly on the final site plan, and that the eastern edge of the I driveway be delineated in some manner which is acceptable to the staff; 3. That the height of the concrete curbing be a minimum of sixteen (16) in- ches and noted accordingly on the final site plan; 4. That the applicant comply with Section 18.50.140 of the Zoning Code re- quiring solid fencing of all outside salvage storage areas, and that it be noted on the final site plan; 5. That floor plans of the building be submitted for review and approval by the City Fire Marshall prior to final site plan approval; 6. That water and sanitary sewer mains and service lines be identified on the 04-04-88 152 final site plan; 7. That the applicant be required to complete a waiver of protest for the cre- ation of special improvement districts for Griffin Drive prior to final site plan approval; 8. That the required improvements shall be installed in accordance with an Im- provements Agreement with the City of Bozeman. The owner may not occu- py the structure until all improvements required by the permit shall have been completed, and accepted by the City, or until a financial guarantee I equal to one and one-half (1 1/2) times the amount of the cost of the scheduled improvements shall be provided to secure completion; 9. That three copies of the final site plan containing all conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building Depart- ment, one signed copy shall be retained by the Planning Director and one signed copy shall be retained by the applicant; 10. All on-site improvements (i.e., paving, landscaping, etc.) shall be com- pleted within eighteen (18) months of approval of the Conditional Use Permit as shown on the approval final site plan; and 11. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the con- ditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Break - 8:52 to 8:58 p.m. Mayor Pro Tempore Hawks declared a break from 8:52 p.m. to 8:58 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Public hearing - Zone Map Change - R-3 to R-O - Daniell D. Henderson for the Roman Catholic Bishop of Helena, Montana - Tract B, COS No. 691, Wi SWk, Section 12, T2S, R5E, MPM and a tract in the SWk SWL Section 12, T2S, R5E, MPM (3. 18-acre tract located at 415 South 15th Avenue) This was the time and place set for the public hearing on the Zone Map Change from R-3, Residential--Medium-density, to R-O, Residential--Office, requested by Daniell D. Henderson for the Roman Cathol ic Bishop of Helena, Montana. The subject property is known as Tract B of Certificate of Survey No. 691, located in the west one-half of the southwest one-quarter of Sec- tion 12, Township 2 South, Range 5 East, Montana Principal Meridian, and a tract in the south- west one-quarter of the southwest one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian. The parcel contains 3.18 acres and is more commonly located at 415 South 15th A venue. Mayor Pro Tempore Hawks opened the public hearing. Planner Dave Skelton presented the Staff Report. He stated the subject parcel is located northeast of the Law and Justice Center. He indicated the property does not front on South 15th Avenue; however, it does have a 60-foot access strip to South 15th. The Planner stated the subject parcel is currently vacant, with multi-family residential development to the north and east. He indicated the predominant land uses are R-3 to the north and east and PLI- T to the south and west, with R-O beyond. The Planner stated that following its public hearing on this request, the Zoning Commission recommended approval of the requested zone map change from I R-3 to R-O. Planner Skelton then reviewed some of the citizen concerns expressed at the Zoning Com- mission meeting, noting they were based on traffic impacts, buffering and access to the de- velopment. He indicated the Zoning Commission was concerned about landscaping and parking being the only items reviewed for development on the property and considered the addition of a "T" to the zoning request. He also noted there are no streets bordering the parcel; therefore, the staff delineated the north and east boundaries as front yards; and the 25-foot front yard setback must be observed. He noted, however, that since there is no street, no landscaping 04-04-88 153 requirements are in place for those setback areas. Mayor Pro Tempore Hawks asked about the limitations of signage within an R-O district. The Planner stated that one directory sign and one facade sign for each business are al- lowed for a development. Commissioner Vant Hull noted that since the property does not front on South 15th Ave- nue, the developer will probably want to place a sign at the access point. I Planner Skelton stated that no opportunity for signage would be provided through the zone map change as requested, unless the sign is located in the public right-of-way. He stated that the R-O zone does have some strict regulations on signage that must be met, however. Commissioner Vant Hull indicated she has concerns about buffering, signage and the re- quirement for installation of sidewalks and asked if those items should be addressed through ad- dition of a "T" (transitional overlay). The Planner stated that specific criteria could be designated for this liT" district if it were added; and an in-house review could be conducted if that step were taken. He indicated uncertainty about whether the sidewalk issue could be addressed through this method. He then indicated this is the only parcel in the area owned by the Catholic church, noting the remainder of that immediate area is owned by the County. Commissioner Martel stated that with R-O zoning surrounding the Law and Justice Center on three sides, he feels it would not be appropriate to zone the subject parcel R-O- T. Mr. Dan Henderson, applicant representing the Roman Catholic Bishop of the Helena Dio- cese, stated that he is seeking this zone map change because of the close proximity to the Law and Justice Center and other residential office development. He then noted that the subject parcel contains 128,000 square feet; and if one building were constructed on the site, no public review would be necessary. He stated, however, that in reality the average residential office building is 4,000 to 5,000 square feet; and practical development of the site would probably re- quire a planned unit development review. Mr. Henderson stated that under the current zoning regulations, 85 residential units could be constructed under the R-3 zoning; and 47 units could I be developed under the proposed R-O zoning. He then noted there are a number of apartments and condominiums in that area; and R-O development would reverse traffic impacts during peak hours. He indicated this is the last parcel in that area owned by the Catholic church. Commissioner Vant Hull asked about the installation of sidewalks and proposed signage for development of the site, as well as adding a "T" to the zoning designation. Mr. Henderson stated that sidewalks will probably be needed along both sides of the ac- cess road. He then indicated that the subject site would probably be developed with profes- sional offices, with a small, lOW-impact sign designating the complex. He stated that the addi- tion of a "T" would create a hardship, since any change in use would require additional public review. Planner Skelton stated that under standard reviews, no buffering is required between residential and office development. Mr. Glenn Black, 608 South 15th Avenue, submitted a petition of opposition to the re- quested zone map change, containing 16 signatures representing nine properties. He noted the years of residency are including, noting the majority range from 16 to 37 years. Mr. Black then reviewed the history of zoning in the block bordered by West Koch Street, South 19th Avenue, West College Street and South 15th Avenue. He indicated that the County sought a rezoning to PU on the former Rosary School site; and a "T" designation was added at the neighbors' re- quest. He noted that every year or two, a new request for change in zoning to R-Q has been considered since that time; and much of the area surrounding the Law and Justice Center has been rezoned. He also reviewed development of those R-O parcels, noting the buildings are I generally large and unattractive, especially from the back. Mr. Black indicated he is opposed to the proposed rezoning, noting this would be the first parcel fronting on South 15th Avenue to be rezoned to allow residential office development. He noted the area has been a pure residential area; and the residents wish to retain that charac- ter. He also expressed concern about a commercial sign being located within a residential area if this appl ication is approved. Mr. Glenn Black then reviewed the twelve criteria for considering a zone map change, as contained in the staff report. He expressed concern that the proposed rezoning could possibly hurt property values in the immediate area. He then noted that the R-O zoned property along 04-04-88 154 South 19th Avenue is currently undeveloped. Mr. Black then encouraged the Commission to de- ny the requested zone change, noting he does not feel that approval would be fair to the long- time residents in that area. Mayor Pro Tempore Hawks noted the objections stated are based on the fact that residen- tial office development does not make a good neighbor, and the appearance is unattractive. He then asked why. Mr. Black stated that a neighborhood should be comprised of neighbors, rather than I business associates. He noted it is very difficult for an office complex to be a neighbor. Mr. Floyd Frost, 520 South 15th Avenue, stated concurrence with Mr. Black's comments. He noted concern that the proposed rezoning could impact the value of his property. He stated that six or seven years ago, the same proposed zoning was sought on the same parcel; and it was denied. He then expressed concern about having a commercial sign located on South 15th Avenue in a residential area, as well as potential uses of that property. He also noted the sub~ ject parcel is located in the middle of a block. Mayor Pro Tempore Hawks closed the public hearing. Commissioner Martel noted that zoning boundaries are usually located along an alley or a street. Mayor Pro Tempore Hawks noted the development within a residential office zoning area is usually compatible to multi-family residential development; and Planner Skelton stated con- currence. A decision will be forthcoming in one week. Adjournment - 10;14 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. I ROBERT L. HAWKS, Mayor Pro Tempore ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I 04-04~88