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HomeMy WebLinkAbout1987-10-05 L~ 21 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 5, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 5,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Vant Hull 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. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Mi nutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 28, 1987 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Commission Resolution No. 2675 - levying and assessing garbage assessments for Fiscal Year 1988 City Manager Wysocki presented Commission Resolution No. 2675, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2675 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MON- TANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EX- PENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS I OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. The City Manager noted that this resolution levies and assesses the garbage assessments for Fiscal Year 1988. He stated that the garbage collection rates for the upcoming year are to be assessed on the same base rate as they were last year. He then recommended that the Com- mission provisionally adopt the resolution and set the public hearing for October 19, 1987. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion provisionally adopt Commission Resolution No. 2675, levying and assessing the garbage col- lection assessments for Fiscal Year 1988, and set the public hearing date for October 19, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No, none. Commission Resolution No. 2676 - levyin and assessin assessments for Fiscal ear 8 City Manager Wysocki presented Commission Resolution No. 2676, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2676 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 TH ROUGH 7-12-4333, M. C. A. I The City Manager stated that this resolution levies and assesses the street lighting assessments for Fiscal Year 1988. He noted theses assessments are based on actual costs during the past fiscal year, which are slightly lower than the past year's costs. He then recommended that the Commission provisionally adopt the resolution and set the public hearing for October 19, 1987. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commis- sion provisionally adopt Commission Resolution No. 2676, levying and assessing the street light- ing assessments for Fiscal Year 1988, and set the public hearing date for October 19, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. 10-05-87 42..! Commission Resolution No. 2677 - levying and assessing street sprinkling assessments for Fiscal Year 1988. City Manager Wysocki presented Commission Resolution No. 2677, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2677 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR I SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. The City Manager stated this resolution levies and assesses the street sprinkling assess- ments for Fiscal Year 1988. He noted these assessments are based on actual costs for the past fiscal year, which are very slightly lower than the previous year's. He then recommended that the Commission provisionally adopt the resolution and set the public hearing for October 19, 1987. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion provisionally adopt Commission Resolution No. 2677, levying and assessing the street sprink- ling assessments for Fiscal Year 1988, and set the public hearing date for October 19, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. City Manager Wysocki presented Commission Resolution No. 2678, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2678 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- I TANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON A 3-FOOT WIDE BY 42.63-FOOT LONG PORTION OF THE RIGHT- OF-WAY LOCATED ALONG THE EAST SIDE OF NORTH WILLSON AVENUE BETWEEN WEST LAMME STREET AND WEST BEALL STREET I N THE CITY OF BOZEMAN, MONTANA, AND PRESERVING PUBLIC EASEMENTS. The City Manager reminded the Commission that the hospital has requested this vacation because a portion of the existing building encroaches upon the City's public right-of-way. He then recommended that the Commission adopt this resolution and set the public hearing date for October 19, 1987. Commissioner Jordan asked if there is any reason the City should retain this portion of the right-of-way because of potential removal of the structure in the future; and the City Mana- ger indicated there is not. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion adopt Commission Resolution No. 2678, stating its intention to vacate a portion of the North Willson Avenue street right-of-way lying between West Lamme Street and West Beall Street, and set the public hearing date for October 19, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voti ng No, none. it to be the intention to vacate the aile in Block City Manager Wysocki presented Commission Resolution No. 2680, as reviewed by the City I Attorney, entitled: COMMISSION RESOLUTION NO. 2680 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE ALLEY IN BLOCK 111 OF THE NORTHERN PACIFIC ADDI- TION TO THE CITY OF BOZEMAN, MONTANA. 10-05-87 423 The City Manager reminded the Commissioners that several months ago, Mr. Bill Ogle, rep- resenting Bar Land Company, requested that the subject alley be vacated. He then recom- mended that the Commission adopt this resolution and set the public hearing for October 19, 1987. It was moved by Commissioner Martel, seconded by Jordan, that the Commission adopt Com- mission Resolution No. 2680, stating its intention to vacate the alley located in Block 111 of the I Northern Pacific Addition, and set the public hearing date for October 19, 1987. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Commission Resolution No. 2681 - the form and terms of the bonds for SID No. 652 and providing or payment the reo City Manager Wysocki presented Commission Resolution No. 2681, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2681 RESOLUTION RELATING TO $462,000 SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 1987 (SPECIAL IMPROVEMENT DISTRICT NO. 652); PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT THEREOF The City Manager stated that Dorsey and Whitney has prepared this resolution. He then indicated that the City Attorney has reviewed the resolution and found one slight problem. City Attorney Becker stated that the last sentence in Section 4.03 on page 12 refers to a section of the State Statute which was repealed in April 1987. He indicated that Dorsey and Whitney has concurred that sentence should be removed prior to adoption of this resolution. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion adopt Commission Resolution No. 2681, as amended, prescribing the form and terms of the bonds for Special Improvement District No. 652, and setting forth the covenants thereof. The I motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Continued discussion - designation of Votinl Delegate to the N LC Congress of Cities to be held in Las Vegas, Nevada, on December 12-16, 987 City Manager Wysocki reminded the Commission that they had begun discussion on this item and had continued it to this meeting. Commissioner Martel indicated that he is willing to attend the N LC Congress of Cities in Las Vegas. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that Commissioner Martel be designated as the voting delegate and City Manager Wysocki be designated as the alter- nate delegate to the National League of Cities Congress of Cities, to be held in Las Vegas, Nevada, on December 12-16,1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No, none. Mayor Mathre stated that included in this week's packet was an information sheet con- cerning the deadline for amendments to the National Municipal Policy. She noted that th~ Com- missioners may wish to review that document to see if any changes should be made, noting that such changes would probably have to wait until next year. I Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) An update from the Foundation Capital Corporation on the status of their project at the old hospital site. Commissioner Stiff asked if the old hospital has been designated as an historical site. The City Manager indicated it is not located within a designated district; and he does not know if an application has been submitted for the subject site. 10-05-87 42 ir (2) Commissioner Martel stated that, as a result of the recently detected water line leak, he feels a discussion of leak detecting methods should be placed on the agenda. He noted recent figures indicate that the City's system incurs a 40 percent loss, while 10 to 20 percent is average. The City Manager concurred that this item should be discussed. He then noted that one of the items listed in the upcoming capital improvement requests is a leak detection device; how- ever, staffing levels also become a problem. I Mayor Mathre asked if the 40 percent loss figure can be verified. City Manager Wysocki indicated that several items must be taken into consideration when determining the amount of water lost; therefore, he is unsure of the figure's accuracy. He fur- ther indicated that the staff is not sure how much of the 150 gallons per minute being pumped from the leak on South Willson Avenue was from the City's water line and how much was from a natural spring in that area; however, the newspaper article was written in a manner which would create less confusion for the public. (3) Commissioner Stiff noted that in the latest issue of the Nation's Cities Weekly there is an advertisement by Merrill Lynch concerning repurchase yields. He then asked if the Admin- istrative Services Di rector has contacted the firm to see if a more advantageous yield could be obtained through this firm rather than through the local banks. The City Manager stated that he will ask the Administrative Services Director to check into the matter. (4) Mayor Mathre indicated that she has received a memo from Senator Max Baucus con- cerning the effects of recent litigation on the selection of a site for the U. S. West Technologies Center. She noted that she will make copies of that memo and place them in the Commissioners' mailboxes. Consent Items Pioneer I It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Consent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Recess - 2:30 p.m. Mayor Mathre recessed the meeting at 2: 30 p. m., to reconvene at 7: 00 p. m. for the pur- pose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the sched- uled public hearings. This was the time and place set for the public hearing on the Master Plan Amendment re- I quested by George Westlake to change the land use designation from medium-density residential to general highway commercial on the western portion of Block 2 of Westlake's Fourth Subdi- vision. The subject 6. 131-acre tract is more commonly located along the north side of West Tamarack Street and along the east side of North Fifth Avenue. City Manager Wysocki submitted to the Commission a letter from Mr. Don White, attorney representing Mr. George Westlake, requesting that this public hearing be opened and continued indefinitely. He then recommended that the Commission open and continue the public hearing per that request. 10-05-87 425 Mayor Mathre opened and continued the public hearing indefinitely per the applicant's re- quest. I This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Darold and Penny Wolff for Marcia S. Anderson to allow construction of a residence within an existing retail/wholesale business located on Lot 1, Block 1, of the Bridger Center Subdivision to the City of Bozeman, Montana. This site is more commonly known as 115 Commer- cial Drive and is located in an "M-l- T -4," Commercial--Light Industrial, with a Transitional Overlay, District. Mayor Mathre opened the public hearing. Acting Planning Director Ron Brey presented the Staff Report. He indicated that through the requested Conditional Use Permit, the applicant would block off a portion of the existing building and construct an owner /caretaker's living quarters. He noted that a care- taker's residence is allowed as a conditional use in the M-l zone. The Acting Planning Director stated that, since the proposed living area would not increase the size of the structure, no ad- ditional parking spaces would be required. Acting Planning Director Brey stated that no direct outside access has been shown in the plans for the living area; however, the staff feels that such an access should be provided. He then indicated that with the "T" designation on the subject site, additional items of consideration are buffering for the AS zoned property lying to the north and review of any proposed signage. The Acting Planning Director stated that the Zoning Commission conducted its public hear- ing on this application, after which it concurred in the Planning staff's recommendation for ap- proval, subject to eight conditions. Mrs. Penny Wolff, applicant, stated she agrees with the conditions except for Condition I No.1. She noted that the back of the subject property is a swampland; and there is only an alfalfa field on the other side of the property line. She then questioned the need to install a privacy fence along that property line. Acting Planning Director Ron Brey stated that the Zone Code requires that adequate buf- fering must be provided along a property line which lies between an M-1 or M-2 zone and another zone. He indicated that the property lying to the north is zoned A-S; therefore, th is requirement must be met unless the applicants wish to apply for a variance from the Board of Adjustment. He then reminded the Commissioners that the condition requires vegetation or a pri- vacy fence; and much of the property line area currently has natural vegetation along it. The Acting Planning Drr-ector- indicated that the Planning staff is willing to discuss this condition with the applicants after the Commission has taken action on this application. Commissioner Stiff asked if this site is immediately adjacent to the site upon which a golf course has been proposed. Community Development/Zoning Specialist Dave Skelton stated one tract of land lies be- tween the two parcels. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. . It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion approve the Conditional Use Permit requested by Darold and Penny Wolff for Marcia S. Anderson to allow the construction of living quarters in the existing retail/wholesale business located on Lot 1, Block 1, Bridger Center Subdivision, subject to the following conditions, as recommended by the Zoning Commission: 1. That buffering in the form of vegetation or a privacy fence be provided at the back of the property bordering the A-S District; 2. An additional exit from the residence to the outside be provided, and the Final Site Plan be reviewed and approved by the Fire Marshal; 10-05-87 42C 3. A scale drawing of the business sign be included in the Final Site Plan; 4. All required improvements shall be constructed in conformance with the Fi- nal Site Plan; 5. All on-site improvements shall be completed within 18 months of the Condi- tional Use Permit; 6. Three copies of the Final Site Plan containing all the conditions, correc- tions, and modifications approved by the City Commission shall be submitted I for review and approved by the Planning Director within six months of the date of the City Commission approval and prior to the issuance of a build- ing permit for the project. One signed copy shall be retained by the Building Department, one signed copy shall be retained by the Planning Di- rector, and one signed copy shall be retained by the applicant; 7. The Conditional Use Permit shall be valid for a period of only 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 conditions in the granting of the permit. An on-site inspection will be made and a re- port made to the City Commission for their action. If all required condi- tions have been satisfied, the permit will be permanently renewed; and 8. The developer enter into an Improvements Agreement with the City of Boze- man. If occupancy of the residence is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No, none. Public hearin - Conditional Use Permit - Martinis Cafe for Dou wine as an accessory use to t e restaurant - eastern portIon 0 Block 24, Northern Pacific Addition ( 1211 East Main Street) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Martinis Cafe for Doug Alexander to allow the sale of beer and wine as an accessory I use to a restaurant. The subject site is the eastern portion of Lot 11, all of Lots 12 through 16, and vacated portions of East Main Street and Switzler Avenue of Block 24 of the Northern Pacific Addition, and is more commonly known as 1211 East Main Street. The property is zoned "B-2," Community Highway Business, District. Mayor Mathre opened the public hearing. Assistant Planner Bill Murdock presented the Staff Report. He indicated that the owners of the restaurant have applied for this Conditional Use Permit to allow them to serve beer and wine as an accessory use to their restaurant. He noted that the property to the north is zoned B-2 also; however, a mobile home court and caretaker's home are located on that property. He stated the two sites are currently separated by a four-foot high chain link fence and trees. He indicated that parking is currently located along the west property line; and an eight-foot set- back is required in the B-2 zone. He further noted, however, that even if all of those parking spaces are eliminated, the restaurant still meets its parking requirements. The Assistant Planner stated that several concerns weTe raised during the Zoning Com- missionls hearing on this application. He indicated that following the public hearing, the Zoning Commission did concur in the Planning staff's recommendation for approval, subject to ten condi- tions. The applicant was not present to address this item. No one was present to speak in support of or in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. I It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Com- mission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion approve the Conditional Use Permit requested by Martin's Cafe for Doug Alexander to allow the sale of beer and wine as an accessory use to a restaurant located on the eastern portion of Lot 11, all of Lots 12 through 16, and vacated portions of East Main Street and Switzler Avenue of Block 24 of the Northern Pacific Addition, subject to the conditions recommended by the Zon- 10-05-87 L ') Y fL- ing Commission, as follows: 1. An 8-foot side yard setback shall be shown on the final plat for the west property boundary. Off-street parking spaces and curb stops shall be re- moved from this setback; 2. Curbing or other acceptable landscape protection shall be provided around the perimeter of the entire parking area; 3. Appropriate drainage acceptable to the City Engineer shall be arranged for I the west property boundary; 4. A solid six foot high fence, acceptable to the Planning Staff, shall be con- structed on the north property boundary line which adj~ins a residential use; 5. Adequate snow storage areas shall be identified on the Final Site Plan prior to final approval; 6. The garbage enclosure shall be located out of the required 10-foot rear yard setback; 7. The developer shall enter into an Improvements Agreement with the City of Bozeman. I f the use of the beer and wine license is to occur prior to in- stallation of the improvements, it must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled im- provements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 8. Three copies of the Final Site Plan containing all the conditions, correc- tions, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval and prior to the issuance of a build- ing permit for the project. One signed copy shall be retained by the Building Department, one signed copy shall be retained by the Planning Di- rector, and one signed copy shall be retained by the applicant; 9. That all on-site improvements (i.e., sidewalk, landscaping, etc.) shall be completed within 18 months of City Commission approval of the Conditional Use Permit; and I 10. The Conditional Use Permit shall be valid for a period of only 18 months. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions 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 wi II be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Public hearing - Conditional Use Permit - David Osterman - allow expansion of an existing mini- warehouse complex on I ract 1, Mays Tracts, and I racts 40-A and 41-A, Northeast AnnexatIon (1915 North Rouse Avenue) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by David Osterman to allow the expansion of a mini-warehouse development located on Tract 1, Mays Tracts, and Tracts 40-A and 41-A of the Northeast Annexation. This site is more commonly known as 1915 North Rouse Avenue, and is located in an "M-1- T -4," Commercial--Light Industrial with a Transitional Overlay, District. Mayor Mathre opened the public hearing. Community Development/ Zoning Specialist Dave Skelton presented the Staff Report. He stated that under this application, Mr. Osterman would add three more phases of mini-ware- houses to those currently existing on a 5. 03-acre tract. He noted that mini-warehouses are al- lowed in an M-l zone; however the "T" designation on this property requires that the conditional use process be followed. He indicated that access to the site would be from North Rouse I Avenue, with an easement to be provided to Griffin Drive for future development of this site. Planner Skelton stated that in 1983, the applicant received a conditional use permit to con- struct the existing phases; and in 1985 the permit was revised to allow for a different lay-out of those phases. He stated that under the requested conditional use permit, Phase I would be com- pleted in 1988; Phase" would be completed in 1989; and Phase III would be completed in 1990. The Planner stated that this application is in general compliance with the criteria for review of conditional uses. He noted, however, that the Fire Marshall has requested that an adequate turning radius be provided for fire equipment and that a fire hydrant be installed on the site. 10-05-87 420 Planner Skelton stated that the Zoning Commission conducted its public hearing on this application, after which it concurred in the staff's recommendation for approval, subject to nine conditions. Mr. David Osterman, applicant, stated he agrees with the conditions except for Condition No.5. He stated he is opposed to signing a waiver of protest for the creation of Special Im- provement Districts for Griffin Drive and North Rouse Avenue. He noted that he owns approxi- mately ten acres in that area; and based on the 98-cents per square foot which he was assessed I on a recent special improvement district in another location, that would cost him about $250,000. City Manager Wysocki asked Mr. Osterman how many units currently exist and how many this application would add. Mr. Osterman stated there are approximately 300 mini-warehouse units completed at this time; and this application would add approximately 100 units. Commissioner Stiff questioned whether the entire ten-acre parcel would be involved in a special improvement district and whether it would be assessed on a square footage basis. Planner Skelton reminded the Commission that a special improvement district may be as- sessed on a square footage basis, a I inear footage basis, or a combination thereof. He then noted that the boundaries for the district would determine whether the entire ten-acre parcel would be involved in the assessment. The Planner then stated that North Rouse Avenue is on the federal aid listing; and if the State initiates the improvement of that street, federal monies will be utilized. He noted in that instance, the SID for North Rouse Avenue would be for water, sewer and sidewalks. Commissioner Stiff asked if the requirement for a waiver of protest would be after the fact if it is applied to that portion of the property which has already been developed. City Manager Wysocki stated that the boundaries of the district would determine whether that portion of the property would be involved. He then reminded the Commissioner that devel- opment of the property does impact City services. Commissioner Martel questioned why Condition No. 9 requires that the final phase be com- pleted within 52 months after issuance of the conditional use permit, rather than allowing eigh- I teen months for completion of that phase also. Planner Skelton indicated that is a typographical error and should be changed to read 54 months. Commissioner Martel noted that, since the site has been developed with mini-warehouses, it should have little impact on water and sewer services. Mayor Mathre noted that the Commission has recently approved several applications for development along Griffin Drive which have contained a condition requiring that the applicant sign a waiver of protest for future improvement of that street. Commissioner Martel noted that before a special improvement district can be created, a majority of the property owners involved must support it or have signed a waiver of protest; and the City Manager stated that is correct. Mayor Mathre closed the public hearing. A decision will be forthcoming in one week. This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Rick Blevins for Kurland-Blevins Properties to develop a minor planned unit devel- opment in an IR-3" (residential-medium density) district located on portions of Lots 4, 6, and 7, Block 7, of the Babcock and Davis Addition. This site is more commonly known as 620 East Peach Street. I Mayor Mathre opened the public hearing. Community Development/ Zoning Specialist Dave Skelton presented the Staff Report. He noted that under this application, two existing single-family residences would be moved to a site upon which one single-family residence currently exists. He indicated that the Zone Code re- quires that such developments must go through the minor planned unit development; and the Zon- ing Commission has exercised its requirement that the public hearing process be utilized. The Planner stated that the two houses being relocated to the subject site were previ- ously located on West Mendenhall Street and have been moved to accommodate additional parking 10-05-87 42~ for the Cou rthouse. He stated that the current Zone Code does not allow for the relocation of existing structures within the city limits, causing this application to be before the Commission. The Planner then stated that the site located at 620 East Peach Street contains 0.39 acres; and could have 5.7 units located on it rather than the requested three units. Planner Skelton stated that the Zoning Commission conducted its public hearing on this application, reviewing the criteria for conditional use permits. He noted that the major question I is whether the Zone Code should have allowed the relocation of existing structures into an R-3 zone or if it was merely an oversight. He noted that the Zoning Commission concurred that relo- cation of existing houses into an R-3 zone should be allowed; and the staff is currently proc- essing a zone code amendment to address that matter. The Planner stated that following the public hearing, the Zoning Commission recommended approval of the application, subject to ten conditions; and to date the applicant has met the first seven conditions. Mr. Mike Money, 105 Teton, representing the Kurland-Blevins Properties, stated the appli- cants are willing to meet all of the conditions as recommended by the Planning staff and the Zoning Commission. Commissioner Martel asked if the houses being relocated have any code violations. Mr. Money stated that before the buildings can be occupied on the new site, they must meet all of the code requirements. He noted that the applicants are currently working with the Building Official to ensure that the codes are met. Commissioner Jordan asked how many parking spaces are being required for this minor planned unit development. Planner Skelton stated that seven spaces are required; and the applicants are providing that many. City Manager Wysocki reminded the Commissioners that contained in their packets was a memo from Commissioner Vant Hull expressing several concerns about this application and sug- gesting items which should be addressed. No one was present to speak in opposition to the requested Conditional Use Permit. I Mayor Mathre closed the public hearing. A decision will be forthcoming in one week. Adjournment - 8: 00 p. m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 10-05-87