HomeMy WebLinkAbout1985-10-07
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 7, 1985
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, October 7,1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner
I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan (for the first
portion of the meeting), City Manager Wysocki. Assistant City Manager Barrick, City Attorney
Crumbaker-Smith and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
The minutes of the regular meeting of September 30, 1985, were approved as amended.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Request for one-year extension of Preliminary Plat - Westgate Subdivision - Wi SWt NWL
SectIon 11, T2S, R5E, MPM (north of West Habcock Street, a portion of the property between
Western and Valley Drives)
City Manager Wysocki presented to the Commission a letter from Rick Kerin, engineer
representing Westgate Partnership, requesting a one-year extension of the preliminary plat for
Westgate Subdivision. The subject 10. 59-acre site is located in the west one-half of the south-
east one-quarter of the northwest one-quarter of Section 11, Township 2 South, Range 5 East,
Montana Principal Meridian; and is more commonly located immediately north of West Babcock
Street, lying between Western and Valley Drives. The City Manager stated the Commission had
approved the preliminary plat on October 9, 1984.
Several of the Commissioners indicated that they found Mr. Kerin's letter confusing and
asked questions about the stormwater detention basin, a sub-drain system, and impacts on
adjacent properties.
I Mr. Rick Kerin, engineer representing the applicant, stated that he has tried to work
with downstream users along Harmon Ditch to allow the Westgate Partnership to release storm-
water into the ditch after it has gone through a detention basin; however, those discussions
have been unsuccessful. He noted there is a natural swale which currently carries the storm-
water off-site. He further indicated that the State requires that the development create no
more stormwater run-off than pre-development conditions created; and a detention basin must
be provided to accommodate the additional stormwater. Mr. Kerin indicated that the City's
Engineering Officer has expressed concerns about the proposed detention system. He noted
that the developers will install a sub-drain system, which would provide a series of rock drains
under the detention basin, if necessary.
Mr. Kerin stated that the developers realize that stormwater run-off from the devel-
opment cannot exceed the pre-development run-off; and they will meet those standards. He
- indicated that the one-year extension will provide time for them to negotiate with the City staff
on the methods necessary to meet those standards.
City Manager Wysocki recommended that the Commission approve the one-year extension.
as requested.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the request for a one-year extension of the preliminary plat for Westgate
Subdivision. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and
Mayor Weaver; those voting No, none.
I Staff report - request submitted by Roller Construction for vacation of public riqhts-of-way -
Lots 4-12. Block 119, Northern Pacific Addition (portion of East Cottonwood Street and portion
of alley between North Rouse Avenue and North Church Avenue)
City Manager Wysocki reminded the Commission that the request from Roller Construction
was submitted to the Commission at its regular meeting held on September 16, 1985. He noted
the subject request was for vacation of the public rights-of-way for a portion of East Cotton-
wood Street and a portion of the alley located along Lots 4 through 12, Block 119. Northern
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Pacific Addition, which lies between North Rouse Avenue and North Church Avenue. He then
presented to the Commission a memorandum from Engineering Officer Neil Mann recommending
that the requested vacations not be granted, since the extension of that street could provide a
useful connection to North Rouse Avenue.
Ms. Velma McMeekin, 425 East Cottonwood Street, stated she owns Lots 13 through 18,
Block 118, Northern Pacific Addition, which abut the north side of the East Cottonwood Street
right-of-way. She stated support for the requested vacation, noting that 30 feet of the right- I
of-way would revert to her ownership.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission deny the request submitted by Roller Construction for vacation of public rights-
of-way along Lots 4 through 12, Block 119, Northern Pacific Addition. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner
Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No.
none.
Discussion - FY I items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) The agenda and staff reports for the City-County Planning Board meeting to be
held on October 10, 1985.
(2) A memo outlining proposed guidelines for conducting public hearings on applications
to the Montana Economic Development Board for use of Industrial Development Revenue bond
monies. The City Manager noted this would possibly eliminate the need for the Commission to
act on each request but would provide guidelines for staff to follow. He suggested the item be
placed on next week's agenda for discussion.
(3) A memo from the Montana Economic Development Board indicating that the public
hearing was held on the application submitted by David C. and Yvonne G. Jarrett and that the
application was approved. I
(4) An invitation to the annual Fire Prevention breakfast, which was held this morning.
(5) A copy of information from the City-County Health Department, including statutory
provisions for a Board of Health.
(6) A copy of a joint resolution adopted in 1929 which formed the City-County Health
Board. The City Manager noted that the City Attorney and the County Attorney have also
received copies of this document and will review the matter to determine the next step to be
taken.
(7) A memo from the Senior Center concerning the sidewalk snow removal program
through their organization.
Commissioner Anderson asked if the City will publish an advertisement in the newspaper
to remind people of the existing ordinance. The City Manager indicated that he plans to publish
a display ad indicating the process that will be followed.
Commissioner Anderson then stated the School District has advertised for bids for side-
walk snow removal and suggested the City may be able to contract with that individual or
company on a joint basis.
(8) Commissioner Vant Hull submitted to the Commission a memo concerning the dimming
of lights for viewing of Halley's Comet. She suggested that the Commission may wish to have a
presentation on this item and to publicize the interest in dimming the lights for easier viewing
of the comet. Mayor Weaver requested that Commissioner Vant Hull talk to those interested in
this Item and place the matter on the agenda for discussion within the next month.
(9) Commissioner Vant Hull submitted to the Commission information she has received I
from Jody May concerning a grant application for relocation of Spring Creek as it travels through
a portion of Langohr Park. She noted the proposed reconstruction would provide for a meandering
waterway, which would create a better trout habitat than the existing straight waterway. She
indicated the deadline for the application is October 15; and Mr. May may wish to address the
Commission at next week's meeting to determine if there is City support for the application.
(10) Commissioner Jordan noted that during and after the Homecoming parade on Saturday,
the capacity of the Rocking R Bar on East Main Street was obviously exceeded; and drinks
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were served in "go" cups and taken outside. He noted that potential problems were averted by
the police officers, who maintained a cool attitude while dealing with the matter. The Commis-
sioner stated he feels that such overcrowding and flagrant disregard of the law should be noted
and action taken if necessary.
The City Manager indicated this item will be handled in an administrative manner.
(11) Commissioner Jordan suggested that the cars should be removed from Main Street
I during parades. He also suggested the possibility of requiring that any candy distribution be
done by walking along handing it out rather than throwing from floats and vehicles. He ex-
pressed concern for the safety of the children who may run out between parked cars to get
candy which has been thrown into the street.
(12) Commissioner Anderson stated that some Housing Committee members have expressed
concern that the Commission has accepted the reports which they have prepared; but no publi-
city has been given to those reports.
Discussion - Request for funding of Pedestrian/Traffic Safety Committee
Mr. Jim Brown, school representative on the Pedestrian/Traffic Safety Committee, stated
that at the last meeting, the Committee discussed the fact that it has no money to function. He
noted that the secretary was to be paid originally, but she has donated her time for the past
two years. Also, the Committee has no monies to advertise its meetings and does not feel that
it is a viable committee at this time. Mr. Brown indicated that the Committee plans to approach
the County Commission and the City Commission to request funding for the committee.
Mayor Weaver suggested that the Committee contact the City staff when it wishes to
place a formal request before the Commission.
Consent Items
the following "Consent Items."
October 20-26, 1985
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I
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Consent Items be approved as listed above; and that 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 Anderson, Commissioner Jordan. Commissioner
Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none.
Recess - 4:55 p.m.
Mayor Weaver declared a recess at 4:55 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearin - Zone Map Change - R-4 and R-5 to R-3 - Planning Staff - portions of the
northeast residentla area
This was the time and place set for the public hearing on the Zone Map Change requested
I by the Planning Staff to change portions of the northeast residential area zoning from R-4
(Residential--Medium Density - Apartments) and R-5 (Residential--High Density) Districts to
R-3 (Residential--Medium Density) District. The properties in question are described as Lots
12 through 21, Block D, Beall's Second Addition; all of Block A, Beall's Second Addition; all of
Blocks 41,42,43 and 44, Imes Addition; Tracts 1 through 16, Beall's First Addition; Blocks J
and K, Original Townsite; Tracts 1 through 24 in Perkin's and Stone Addition; Tracts 1 through
6. Block 1, Babcock and Davis Addition; Lots 19 through 28 in Block H. Rouse's Addition; all
of Blocks 2,3,4,5,6 and 7 in Babcock and Davis Addition; Lots 1 through 14, Block 41; and
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all of Blocks 42, 43, 44 and 45 of Northern Pacific Addition, to the City of Bozeman, Montana.
The subject site is bounded at various points on the west by North Bozeman, North Tracy,
North Black and North Church Avenues; on the south by East Lamme Street, and a line one-half
block south of East Lamme Street; on the east by North Rouse, North Church, North Ida and
North Broadway Avenues, and a line one block west of North Broadway Avenue; and on the
north by East Aspen, East Peach. East Fridley and East Davis Streets.
Mayor Weaver opened the public hearing. I
Assistant Planner Marcia Elkins presented the Staff Report. She noted that the Zone
Map Change affects two residential areas, a large R-5 district and a small portion of the R-4
district lying immediately west. She indicated that the land use section of the Master Plan has
designated this area as medium-density residential because review of the public service facilities
in the area will not support any higher density development. The
Assistant Planner also noted that recently-constructed apartment projects are of a size and scale
which is not compatible with the existing single-family residential development.
The Assistant Planner then indicated there are disadvantages to the proposed rezoning.
Those include the fact that speculative land values could be decreased by the rezoning. Also,
any apartment developments must be approved through the Planned Unit Development process,
which will take more review time. The third disadvantage is that the rezoning will remove some
of the incentive to destroy deteriorated houses and replace them with newer upgraded housing.
Commissioner Vant Hull noted that some residents in the R-4 zone lying west of the
subject site would also like to have their area rezoned to R-3 and asked why it was not included
in this request. Assistant Planner Elkins stated the Planning Staff's primary concern was
rezoning of the R-5 district; and they did not do any extensive studies of the R-4 district.
She noted that the R-4 area can be rezoned to R-3 in the future.
Mr. John Sandborgh, 314 North Wallace Avenue, stated the Northeast Neighborhood
Alliance was active when he purchased his house in 1980. At that time they requested a Zone
Map Change from R-5 to R-3 but were unsuccessful. He then submitted to the Commission a
list of his reasons for supporting the Zone Map Change, noting the area is predominantly I
single-family dwellings; the streets are narrow and the sewer system is old and at capacity.
Also, it is the near unanimous will of the homeowners in the area to rezone the area from R-5
to R - 3 . The quality of the area has improved, as homeowners have renovated substandard
housing during the past few years. Mr. Sandborgh stated he likes living in this area; but he
fears the construction of an apartment complex close to his home. He then indicated that his
wife also supports the proposed rezoning.
Mr. Ira Wilke, 406 North Brady Avenue, stated support for the rezoning. He noted the
area is developed; and it does not need a high volume of traffic. He noted he lives one block
from a high rise apartment complex; and there are a large number of cars parked in the area.
Mrs. Maxine Penttila, 336 South Church Avenue, stated that she and her husband own a
home on North Tracy Avenue; and they support the proposed rezoning. She noted the rezoning
will protect those who own their homes from large, tall units being constructed close to their
homes and destroying the openness which now exists.
Mr. Timothy Tate. 216 North Wallace Avenue, stated the quality of life in the northeast
sector is reminiscent of an old Montana town; and he feels that should be maintained. He noted
that with the recent construction of the largea-partment complex on North Church Avenue, a
change can be seen in the character of the area. He noted that funds are now available for
rehabilitation of the single-family residences in the northeast sector; and the existing zoning
seems to conflict with that effort.
Mrs. Denia Layton, 508 North Wallace Avenue. stated they purchased their home seven
years ago; and the area is now becoming a family neighborhood, rather than the rental area it I
was a few years ago. She noted there is a large apartment building just behind their home.
She stated that building has not only changed the appearance of the neighborhood, but the
landlords are basically not around and don1t seem to care for their facility as well as residents
do.
Mr. Joe Griffin, 222 North Wallace Avenue, stated he has lived in his home fourteen
years. He noted it is a fairly quiet neighborhood and should be maintained as a single-family
area. Mr. Griffin then submitted to the Commission a petition containing 72 signatures
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requesting that the Commission waive the thirty-day interval before the new zoning becomes
effective to forestall the beginning of construction of new multi-family units which would not be
allowed in the R-3 zoning.
Mrs. Sondra Torma, 312 North Church Avenue, stated she lives just north of the six-plex
which was bui It this summer. She stated support for the rezoning from R-5 to R-3 because
there is no buffer zone between single-family and multiple-family residential units. She noted
I there is now no privacy in their back yard; and the six-plex is so tall it faces into all of their
windows. Mrs. Torma also stated the lots are small; and because the structures are so close
together, the larger buildings cause a congestion problem. She noted it is important to main-
tain the quality of the neighborhood as it now exists.
Mr. Clinton Gee, 520 North Wallace Avenue, indicated he is in favor of the proposed
rezoning. He noted that the questions of whether the streets are adequate to handle the traffic
that could be created by R-5 density development and whether there are adequate storm drainage
faci Iities have not been asked or addressed. He noted those two factors should be taken into
consideration.
Mr. Chuck Edgmond, 625 East Davis Street, stated he and his wife are in favor the
proposed rezoning.
No one was present to speak in opposition to the proposed Zone Map Change.
Mayor Weaver closed the public hearing.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission waive the customary one-week waiting period because several people have testified
that the wait would create a hardship and because no protests have been submitted to the City
Commission. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those
voting No, none.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the Zone Map Change from R-5 (Residential--High Density) and R-q (Residential-
I --Medium Density - Apartments) to R-3 (Residential--Medium Density) for portions of the
residential area located in the northeast sector, as described above. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant
Hull, Commissioner Anderson and Mayor Weaver; those voting No, none.
Continued public hearing - Conditional Use Permit - James A. Bogen - allow the serving of beer
at a coin-operated laundry - Lot 7, Block 2, University Square Subdivision (502 South 23rd
A venue)
This was the time and place set for the continued public hearing on the Conditional Use
Permit requested by James A. Bogen to allow the serving of beer at a coin-operated laundry
located in Lot 7 of Block 2, University Square Subdivision. This property is more commonly
located at 502 South 23rd Avenue.
Mayor Weaver opened the public hearing.
Assistant Planner Marcia Elkins presented the Staff Report. She stated the proposed
Conditional Use Permit would allow the serving of beer in a Duds 'n Suds franchise laundromat
at 502 South 23rd Avenue. She noted that the subject site is zoned B-2; and laundromats are
a permitted use in that district. She also indicated that the Planning Staff has reviewed the
landscaping and parking lot requirements; and the applicant has entered into an Improvements
Agreement for those items. The Assistant Planner also indicated that the building, which is
located at the southeast corner of West Koch Street and South 23rd Avenue, has been con-
structed. She noted that the primary use, which will utilize two-thirds of the square footage
I of the facility, is laundromat; and the remainder of the building will be utilized for a television
area, billiards and lounge area. The Assistant Planner then stated that the Planning Staff
recommended approval; and the Zoning Commission concurred. She noted no conditions have
been recommended because the Improvements Agreement addresses all of the concerns.
Commissioner Vant Hull noted that some of the people who reside in the Southbrook
Planned Unit Development have expressed concern but did not get to the Zoning Commission
meeting unti I the public hearing was closed. She then noted that the hours listed are from
7:00 a.m. to 10:00 p.m. and asked if the closing might be extended to midnight or 1 :00 a.m.,
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which might create a disturbance in the area. She also asked if there is a possibility of loud
music from the establishment.
Assistant Planner Elkins noted that under the Conditional Use Permit, the hours of
operation might be extended. She then indicated that the primary use of the facility must
remain a laundromat; and any change in that use could be cause for review of the Conditional
Use Permit and the conditions under which it was issued.
City Manager Wysocki noted that the City cannot restrict the use of a beer and wine I
license any further than the State law does.
Mr. Jim Bogen, applicant, gave a brief personal background. He then indicated the
concept behind the Duds In Suds franchise was developed in Ames, Iowa, about two years ago;
and there are currently 23 in operation with an additional 26 facilities under construction. He
noted the concept behind the facilities is to provide a nice, clean laundromat. Mr. Bogen then
stated he is one of a number of applicants for a Beer and Wine License; and the results from
that application are sti II pend i ng . He noted that if he does receive the license, he will serve
only tap beer; and the average sales in existing Duds In Suds show that about sixteen beers
are served in one day. He also indicated that if he does not get the license, he will serve mug
root beer and possibly a non-alcoholic beer. He noted that a number of existing facilities do
not have beer licenses, but serve root beer floats.
Mr. Bogen then addressed Commissioner Vant Hull's question about the hours. He noted
that the 10:00 p.m. closing time means that the last load must be put into the washer by 10:00
p.m.; and the individual is then allowed one hour to complete that load. He noted that the
employee can use that time to clean up the facility and be closed by 11 :00 p.m. Mr. Bogen
indicated that the 7:00 a.m. to 10:00 p.m. hours have been established as company policy,
although he could possibly keep it open later if he wanted.
Commissioner Vant Hull noted that tap beer is the only beverage to be sold if this
establishment receives the Beer License and asked if a certain amount must be sold to keep it
fresh. Mr. Bogen indicated he has not worked in a bar and knows nothing about the bar
business at this time. I
No one was present to speak in opposition to the requested Conditional Use Permit.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
Public hearinq - Zone Map Chanqe - MB and RR to B-2- T - James W. and Mabel L. Stephens -
SEl of Section 11, 12-S-, R5E, MPM (north side of West Main-S-treet just west of the Bobcat
Lodge)
This was the time and place set for the public hearing on the Zone Map Change requested
by James W. and Mabel L. Stephens to change the present zoning of MB (Motor Business) and
RR (Rural Residential) to B-2- T (Community Highway Business-Transitional) on a parcel of land
located in the southeast one-quarter of Section 11, Township 2 South, Range 5 East, Gallatin
County I Montana Principal Meridian. This site is more commonly known as being located on
West Main Street just southwest of the Bobcat Lodge and adjacent to the recent Volz-Wallin
Annexation.
Mayor Weaver opened the public hearing.
Assistant Planner Dave Skelton presented the Staff Report. He noted the subject site is
a 2-acre tract located at 2409 West Main Street. He indicated the subject parcel is currently
going through the annexation process; and this Zone Map Change would change the zoning from
a County zone to a City zone which is compatible with the existing zoning in the area and the
Master Plan. The Assistant Planner stated the subject site is currently vacant; and the owner
has indicated that he has no specific development plans at this time. He noted that access to
the site will be provided through a pre-designated road along the western boundary of the site; I
and no access wi II be allowed onto West Babcock Street. The Assistant Planner then indicated
that the Planning Staff recommended approval of the Zone Map Change, and the Zoning Commission
concurred; however I the final Commission decision should not be made until after the annexation
process has been completed.
Mr. Jim Stephens, applicant, confirmed that he has no specific development plans at this
time. He noted that the access road will be along the boundary between his property and the
Volz-Wallin Annexation I as previously agreed; and the water and sewer mains will also be
installed on his property when they are installed for the Volz-Wallin property. Mr. Stephens
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then thanked the staff and Commission for their time and cooperation and requested favorable
consideration of this Zone Map Change.
No one was present to speak in opposition to the proposed Zone Map Change.
Mayor Weaver closed the publ ic hearing. A decision will be forthcoming after the
annexation process has been completed.
I This was the time and place set for the public hearing on the Conditional Use Permit
requested by Corbin Ross for A. E. McChesney to allow a 28-foot by 38-foot addition to an
existing commercial building on Lot 18A of McChesney Industrial Park Addition. This site is
more commonly known as being located at 618 Griffin Drive.
City Manager Wysocki noted that the public hearing on this item was continued at the
Zoning Commission meeting and recommended that this public hearing be opened and continued
until a recommendation has been received from that body.
Mayor Weaver opened and continued the public hearing until such time as a recommenda-
tion is submitted by the Zoning Commission.
This was the time and place set for the public hearing on the Master Plan Amendment
requested by Jerry Perkins to change the presently designated Medium-Density Residential
District to include a Light Industrial District and a General Highway Commercial District on
Tracts 2 and 3 of Certificate of Survey No. 1215, located in Section 1, Township 2 South,
Range 5 East, Montana Principal Meridian. This site is bounded on the north by Baxter Lane,
I on the east by North Eleventh Avenue extended, on the south by West Oak Street extended and
on the west by North Nineteenth Avenue extended.
Mayor Weaver opened the public hearing.
Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject
parcel is approximately 65 acres in size. The proposed Master Plan Amendment would designate
a 14-acre area in the northeast corner as Light I ndustrial and a 15-acre area in the southeast
corner as General Highway Commercial. The Assistant Planner stated the subject site is
currently zoned AS, Agricultural Suburban; and is located outside city limits, although it is
adjacent on the east side and portions of the south side.
Assistant Planner Elkins stated the Planning Staff feels that Baxter Lane provides a
physical boundary for the light industrial area; and it should not be encouraged to cross that
boundary, particularly when it is immediately adjacent to a Medium-density Residential desig-
nation. The Planning Staff has also expressed concern about the extension of a highway
business designation along West Oak Street; and this proposed Master Plan Amendment would
provide for a strip about one-half mile long running west from North Seventh Avenue.
The Assistant Planner stated one of the concerns about the proposed land use desig-
nations under the Master Plan Amendment is that the potential traffic generation is 30 percent
greater than under the existing land use designations. Assistant Planner Elkins also noted that
the completion of North 19th Avenue and West Oak Street is critical to development of the entire
a rea. She then indicated that the City-County Planning Board reviewed the proposed Master
Plan Amendment and determined it is inappropriate, recommending denial of the appl ication.
I Commissioner Mathre noted that only two areas of the entire tract have been discussed.
She asked what the designation for the third area would be. Assistant Planner Elkins stated
that the designation would remain as it now exists--Medium-density Residential.
Commissioner Anderson asked if Mr. Perkins owns the property where Karst Stage is
currently located.
Mr. Paul Kinshella; Sanderson, Stewart and Gaston, Inc.; engineers representing the
applicant, stated that Mr. Perkins is currently leasing the three-acre site for his business. He
noted that Mr. Perkins has projected that within the next four to five years, he will need ten
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to eleven acres for his business. Mr. Kinshella then stated that the two areas for which the
Master Plan Amendments have been requested are low and are not desirable for residential use.
He also indicated that the subject site would be a good location for bus traffic, noting it is
close to the schools, yet large enough to house all of the busses.
The engineer then noted that the applicant realizes that Baxter Lane has exceeded its
capacity, particularly at its intersection with North Seventh Avenue. He indicated that the
applicant has considered alternatives for relocation of Baxter Lane and changing the location of I
its intersection with North Seventh Avenue. Another possibility which has been considered is
curving Baxter Lane into North Eleventh Avenue extended within the site under consideration.
Mr. Kinshella stated the consulting engineers for the State Highway Department have
recommended that 80 feet of right-of-way be acquired from the property owners along the north
side of West Oak Street, with 20 feet of right-of-way being acquired from the property owners
along the south side of the proposed street. He noted that the applicant has indicated a
willingness to dedicate 80 feet along his property for the construction of that roadway during
the annexation process. Mr. Kinshella then stated there is currently adequate right-of-way
from North Seventh Avenue to North Seventeenth Avenue to construct a 28-foot wide West Oak
Street to provide access to the subject property until such time as the FAU funding is available
to develop it to the desired standard.
Commissioner Anderson asked if Mr. Perkins has considered possible location in the
existing M-1 zone which lies north of Baxter Lane. Mr. Kinshella noted that Mr. Perkins needs
a 10-acre or 11-acre site; and he is not sure that much property would be available in that
subdivision. He also noted that Mr. Perkins owns or has options on the subject property; and
purchase of additional property could create a financial burden.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
Adjournment - 8:20 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the meeting be I
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those
voting No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
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