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HomeMy WebLinkAbout1991-05-20 MinutesCORCTIOtSS TO MINUTES the exterior t coml?romisln4 20, 199 withou create an . MaY e to read te�ritY/ to the War _ Chang for in to finish 12 Line ? 03C the inter t rber page e in at beginning {Yom in e page before e is Wor king on cammeYOia7 th Line 1 „S an el , page 19 e Par 23 proj r ead nb7Ec t six -aar _ Line 3431 Change to ects fa th page MINUTES OF THE MEETING OF THE CITY COMMISSION on3EMAN MONTANA May zo 7991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 20 1991 at n,ua p,m. Present were Mayor Hawks Com- missioner Gvohrung Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki City Attorney Boohar and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Mi nutes .. - May 6 and May 13, 1991 It was moved by Commissioner Goohruny seconded by Commissioner Frost, that the minutes of the regular meet/mg of May O 1991 be approved as amemded. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Gochrung Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Mayor Hawks deferred action on the minutes of the regular meeting or may 13 1997 for n period of one week. Presentation from Ted Mathis na airport City Manager Wysocki reminded the Commission that Commissioner Swanson had re- quested this item be placed on the agenda. Mr. Ted Mathis Manager of the Co|!atln Field airport' gave a slide presentation on the airport's history. He noted that while the airport is not located */thin the city limits of Bozeman, it does play an impvrtant rv/o in the community. His slide presentation in- cluded pictures ef the old airport terminal, which was constructed in 7952 and the exist- ing airport facility, which was constructed in 7977. Mr. Mathis stated that the community has done a good job of welcoming now air car- riers to Bozeman showing o|/des of the we/comes which have been provided over the past several' years. He noted there are presently five air carriers into Bozeman: Northwest, Continental, Delta, Sky West and Horizon. Mr. Mathis stated that the new FAA tower is nearing completion. He then indicated that the FAA Field Office for southern Montana is located at the airport, in the old airport terminal. Mr. Mathis then showed slides of the building located around the airport terminal as ��0-S1 - z - we|l as the runways. He noted that the airport just acquired e new crash truck with three additional employees to man the truck. He stated the now equipment cost $299'708' and was a necessary acquisition because of the airport's recent reclassification to a now bne|, Mr. Mathis stated that the airport is trying to be as self-sufficient an possible. He stated that in past years the County has levied mills specifically for the airport; and this is the first year that they will not do so. He then highlighted the various sources of rev- enue through which the airport's operations will be funded, Mr. Ted Mathis stated that the number of boardings through this airport have in- creased an average of / percent each year for the past ten years. He stated that this year, boardings are running an average of o percent higher than last year; and in April they were 76 percent above the previous ymar, du* in large part to the bargain airfares. Mr. Mathis cited the proliferation of clastinatio^ points and the concept or this as a region- al airport rather than a local airport as reasons for the increase in number of boardings. Commissioner Swanson noted that at a growth rate of 10 percent per year, the num- ber of boardings would double in seven to eight years. He then asked if that type of growth is anticipated in the future. Mr' Mathis noted that the increase in number of boardings is due in part to con- struction of additional facilities, such as the convention center at Big Sky. He then in- dicated that when projecting future growth, he will probably utilize a much more conserva- tive number based on historical data. Responding to Mayor Hawks Mr. Mathis stated that the new FAA control tower project is presently on hold because closure of the Might station has been rescheduled to at least April looz and possibly later. The Commission thanked Mr- Mathis for his informative presentation. Discussion code adoption schedule The City Manager reminded the Commission that this item was requested by Mayor Hawxs, we then noted that two different schedules were included in the Commissioners packets, and another one was distributed just prior to the meeting. Mayor Hawks stated that these revised timelines reflect the fact that the new fi- nalized zone code can be adopted earlier than was proposed in the original proposed time/bxe distributed two weeks ago. He then stated a review of the revisions involved in this final document n:vcp|ed that the majority are not substantive with only two or three exceptions. He stated an interest in condensing the proposed timeline, noting that those revisions can be adequately reviewed in a much shorter time period than originally o5-2o-9l - a - Maynr Hawks noted that the "adjusted optional proposed timeline," dated May m 1991 reflects a schedule which would allow the Commission to adopt the new code with an effective date of August 1 which is twelve days before expiration of the interim zoning ordinance. Commissioner Frost noted that the Commission has four proposed timelines before them for consideration: the "proposed timeline" which was distributed two weeks ago; the "revised proposed timeline" prepared by staff; the "optional proposed dmc|inc'' which he had prepared; and the "adjusted optional proposed timeline" which he had prepared over the weekenu. He noted that one of those can be accomplished and in place within the time limit of the current interim zoning ordinance; and the other three would require extension of the interim zoning ordinance for varied periods of time. Planning Director Epp|c reviewed with the Commission the "adjusted optional proposed timeline," which would not require extension of the interim zoning ordinonce. He indicated that staff could accommodate the times listed; however, he raised a question about whether it would be appropriate to advertise the public hearing before the Planning Board prior to the time when the document will be ready for distribution. City Attorney Becker noted that twelve days are required between provisional and final adoptions of an ordinance; therefore, the final adoption could not occur before July o ' and the effective date would then become August S. Commissioner Gvehrun8 stated appreciation for staff trying to accommodate the in- terests of the Commission. He noted that the new condensed schedule does meet the mini- mum requirements or the State statute; however, the various work sessions and public in- formation sessions have been eliminated. He then expressed concern about bow this schedule will be perceived by the public, noting the public's tendency to wait until the last minute to make comments on an /msmo. He then stated he feels the Commission will in- cur unpleasant surprises by trying to rush the process at this time. Commissioner Frost expressed concern that waiting to conduct the public hearings until mid-summer will conflict with vacation schedules. He noted that to conduct the pub- lic hearings as soon after s/hvn| is out as possible could help to avoid some of those con- flicts . Mayor Hawks noted that the condensed schedule includes a work sw,skm on Satur- day, June u ' which is just after school is out. Commissioner Goohrung stated he is more concerned with the proposal of conducting the first public hearing on this document only a week after it is distributed, with just two weeks between that amd provisional adoption of the ordinance. He noted that u000 not al- low adequate time to make sure the concerns and interests of the general pub//c have been met in this new document. o5-2o-e1 - 4 - Mayor Hawks stated the interim zoning ordinance is based on the public hearings in which the needs of the community were identified. He suggested there has been adequate public input to this point; and the technical revisions are not substantive. Commissioner Knapp indicated she will not be available for the June n work session; Commissioner Swanson indicated he will not be available either. Mayor Hawks suggested those two Commissioners cvu|d seek clarifications from the Planning staff at other times. Commissioner Knapp stated she does not understand the need to rush this document through the process, She noted that mrfccUvc dates of the three now revised schedules range from August o to September 5 which is only a four week spread. she noted that when an item is rushed, problems can be overlooked; and she duno not feel it should be. Commissioner Frost stated he does not wish to rush the process; however, he noted that the sooner the now document is effective, the sooner demands on Planning staff time will be decreesed. He also noted that when the new code becomes effem/v,, all of the city and the jurisdictional area will be operating under the same document, rather than two separate documents as occurs at the present time. The Commissioner then stated he does not have a problem with extending the interim zoning ordinance for a few weeks to accom- modate potential delays in adoption of the final code. Responding to Commissioner Swanson, Commissioner Goahrung stated he does not feel the community has had an opportunity to respond to the revisions included in the final zone code. He then suggested that several public information sessions be conducted, pos- sibly with each session addressing one of the sections which has had major revisions. He noted that the zone code is a rather large document; and adequate time must be allowed for the general public to review and comprehend that information before the public hear- ings are conducted. He stated that, while m few members of the public will review the en- tire documents, others will review only those specific sections in which they are interest- ed. Commissioner Frost suggested that people will not be concerned about what is in the document until it affects tbom. He noted that not everyone will be satisfied with the new document, which contains only minor revisions and a couple major revisions from the exist- ing interim ordinance. The Commissioner stated that to break the code down into indi- vidual chapters will create work sessions with no one present. Responding to Commissioner Swanson, Planning Director Eppfe suggested that the Saturday work session could be split into two sessions; and the morning session would in- dude members of the Commission, City-County Planning Board and Planning staff. He noted that in this session, the staff would review the new document on a chapter-by- chapter basis, reviewing all of the revisions which have been made. In the afternoon the n5-2O-91 - s - sossinn would be opened to the general public; and those who had attended the morning session then could address questions which individuals may raise. He noted that during those work ecssiono, copies of the now zone code would be available; and all of the ac- companying maps *muN be posted. Commissioner Swanson suggested that an additional one or two weeks be added after the June 8 public information session to allow the public adequate time for more extensive review and an opportunity to ask questions. He stated Uhat, while he does not fo:/ that the *n1/na process for preparation of the interim zoning ordinance needs to be followed again he does fo*| that adequate review time needs to be provided. He also suggested that a couple additional work sessions, held during different time periods, could be »e|pn// for the public. Planning Director Epp/a suggested that he could prepare another revised schedule in an attempt to address the Commission concerns that have been set forth during this discussion; and the new timeDne could be discussed later in the meeting. Dec - variances from Sections 18.50.120.K. 78,50.100 and 18.50.120.B.1 - J.C. Billion, Inc. - Lot 2 of the Amended Subdivision Plat of Lots 2 and 4, Rearrangement of a portion of Block 8, West Park Manor, First Addition (1919 West Main St This was the time and the place sot for the decision on variances from Sections 18.50,120.K. to allow the applicant to pave and park in the required front yard setback on North zotm Avenue; 18.50.100 to waive the landscape requirements in said setback; and 18.50.120.B.10 to waive the requirement for perimeter concrete curb around an entire parking lot. These variances are requested by J.C. Billion, Inc. for Lot z of the Amend- ed Subdivision Plat of Lots z and 4 Rearrangement of a portion of Block 8 of West Park Nbnnr First Addition. The subject site is more commonly located at 1919 West Main Street. City Manager Wysocki reminded the Commission that the public hearing on this ap- plication was conducted at the May s meeting. He then noted that included in the Com- missioners' packets were a memo from the City Attorney, dated May «s 1991; a letter from William E. Grohow dated May /s 1991/ and a letter from Mr. 8i/|ino regerding the matter. He then noted that a copy of the draft minutes from last week's meeting was also dis- tributed just prior to the meeting. Commissioner Swanson submitted to the Commission a memo proposing possible ap- proval of the variance to allow the applicant to pave and park in the required Front yard setback, to waive the requirement for interior parking lot landscaping, and the require- ment to plant shrubs and small trees in conjunction with the canopy trees in the public right-of-way subject to several conditions. The Commissioner carefully reviewed the con- tents of the memo, stating he feels that the five conditions proposed in the memo, plus a os-zu-o7 - 6 - sixth condition to "ask for a complete site plan of Mr. Billion's property to be submitted within the next three years" would ensure that the public health, safety and general wel- fare are adequately protected. Commissioner Swanson stated that he feels that a landscaped eight-foot setback, with appropriate curbing or wheel stops to ensure that no part of a vehicle encroaches in- to that setback, would provide an adequate visual buffer along that street frontage. He then noted that grass and canopy trees, as proposed, should be allowed along the boule- vard area, with low shrubs and berming being required between the sidewalk and the parking area. He stated that storm water control and detention facilities should be required for the site, rather than allowing the run-off to leave the site. He suggested that the landscaped area along the west side of the property could accommodate such facil- ities, since that is the direction of flow on the site. Commissioner Swanson stated that he does feel that the subject lot is unusual in shape; and this development as proposed is similar to that of adjoining parcels. He also stated that with the conditions he has proposed, he feels that the public sidewalk, which will probably be installed next summer under the City's program, and its location, will be adequately protected from encroachment. Responding to Commissioner Frost, Commissioner Swanson noted that the zone code requires shrubs and small trees to be planted within the public right-of-way. He then stated a preference for allowing only grass and large canopy trees in that right-of-way, as proposed by the applicant, with the shrubs being relocated to the landscape strip behind the sidewalk. Commissioner Frost noted that Commissioner Swanson's proposal for landscaping along that street frontage does not conform with the recommendations forwarded by the Design Review Board and asked if there is a reason for the proposed revision. Commissioner Swanson stated he feels that his proposal will provide a better visual result, particularly with the use of berming and shrubbery in place of a hedge as proposed by DRB. He noted that Mr. Billion proposes to use this street frontage as a display area; and installation of a hedge would negate that intent. City Manager Wysocki cautioned the Commission about the potential conflicts that could arise by requiring berming in an area which is likely to be used as a detention facil- ity for storm water run-off. Commissioner Swanson noted that the drainage is more toward the north, not direct- ly to the west, where he is proposing the berming. Mayor Hawks expressed concern that Commissioner Swanson's proposal for approval of the requested variances seems to be for permanent approval, which could potentially create problems when conducting the comprehensive review of the site plan for the entire 05-20-91 - 7 - site within the next three years. He doun suggested that language be included to reflect that this approval is only temporary in nature, and may he subject to change during re- view of the eodnu site. Commissioner Frost ota»uu be is not comfortable with trying to make e decision on where the drainage and detention facilities are to be located on the site; Commissioner Swanson stated he feels that is adequately addressed by the requirement that the plans be approved by the City Engineering Office. City Manager Wysocki suggested that condition be revised to stipulate that "... plans prepared and certified by the applicant's engineer, be approved by the City Engi- neering Office ..." He noted that avoids the possibility of the City being placed in the position of designing the detention area for the applicant. He further noted that this con- dition would them become consistent with those attached to other developments in that im- mediate area. Commissioner Knapp noted that the requested variance to the perimeter curbing around the entire parking lot has not been addressed; Commissioner Swanson stated that he feels his first condition, which requires curbing or wheel stops along the edge of the landscaped area adequately aud,oxspr that issue. Responding to Commissioner Swanson, Planner Debbie Arke|1 stated that the interim zoning ordinance contains the same landscaping requirements for parking lots and display urcas. she stated however, that Planning staff would recommend deviations to that re- quirement because a display area is a different typo of use from e parking lot. She noted that landscaping not only beautifies an area but provides an orderly means in which to park. The Planner then stated that the Street Superintendent does not feel comfortable with the possibility of waiving the requirement for perimeter curbing' particularly since it controls storm water run-off and directs that water into the detention area. Further responding to the Commission, Planner Arke|| suggested that the language for approval of this application be revised to indicate ".., temporarily waive the require- ment for interior parking lot landscaping and shrubs and small trees in conjunction with the canopy trees, on this subject portion of Lot z Block x. with said temporary waiver to be in effect for three yearn or until the major site plan is reviewed, whichever occurs first. 11 Responding to Commissioner Gnchrong Planner 4rkeU stated that the Town and Country site is a non-conforming as-built lot, which will not be addressed until such time as they seek to make some revision within the site. The lot directly to the south is va- cant; and the Western Federal Savings and Loan site has a variance to the setback re- quirements along West Main Street but not along North 20th Avenue. She noted that a couple parking spaces have been provided at the southwest corner of the property, which oo-%V-91 - 8 - encroach into the 25-foot setback but are more than lO feet from the right-of-way. She stated that while those parking spaces were not in compliance with the coda requirements when first constructed, they are in compliance with the existing code. Commissioner G^ehruny asked if there will be adequate room for bermiog between the standard location for a sidewalk and the parking /*t. He also questioned whether the sidewalk is to be located on some of that proposed bermin0. Commissioner Swanson responded that under his proposal, the sidewalk would be placed in its standard location, without any imipact from the proposed berming. He noted it would be located strictly within! the 8-foot landscape strip, and proposed that the herm/ng be very /ow and fit within the landscaped area. Commissioner Frost stated his u/su*mrvrt with an auto on|ms display area along North 20th Avenue. He suggested that frontage should be screened, rather than having wmtvmo- h//os readily visible from the City park immediately across the street. He then encouraged the Commission to consider the DR8 recommendations for screening along that street front- age. Commissioner Swanson stated he feels the visual screening created by bennimg shrubs and other landscape elements would be better than that created by a oWN hedge. Commissioner Knapp noted that the subject parcel is located in a B-2 Community Highway 8uaimeys. District; and automobile sales are a permitted use in that district. Responding to Commissioner Frost, Planner Arke|/ stated there are no striping re- quirements for automobile display areas. She noted the cars may be located as dose to- gether as possible, with no minimum stall requirements. The Planner then stated that storage areas do not require striping, either, Mr. Joe Billion, applicant, noted that he is allowed to park ten feet from the prop- erty line under the interim zoning ordinance. He then stated that he must make a deter- mination or whether he wishes to accept the Commission's action and provide the additional landscaping to comply with the variance to eight feet or if he simply wishes to remove the paving to the ten-foot mark. Mayor Hawks cautioned that the area between the 10-fnot and 25-foot setbacks can be used for parking/ however, it cannot be used as an automobile display area under the present code. Commissioner Co,hrung stated his concerns about the requested variances, He re- minded the Commissioners that quite some time ego' he had stated his concerns about the Commission assuming the ability to act upon specific variances from the Board of Adjust- ment. He noted that the Board of Adjustment is a quasi-judicial body' which is removed from the o/itica| aspects of the decision-making process. He then stated that while the Commissi ` has made a good faith effort to make its decisions in a non-poHtka[ manner, it oa-cu-sl _y - is still subjected to those pressures. Commissioner Co*hruog stated that during his tenure on the Board thiey did deny similar variance requests, with the assurance that decisions would be made in a consistent manner. He noted that to approve these requested variances would be inconsistent with previous actions. Commissioner GnehrunQ than stated that nothing in the testimony received reflected a hardship other than one based on economics. He noted that, even after observing all of the setback requirements in the existing code the applicant has nearly two acres upon which to conduct his business. The Commissioner stated there is no provision for grant- ing of a variance based upon economic hardship; therefor* he must vote against approval of the requested variances. Commissioner Frost stated he does not feel that hardship has been proven; there- fore, he cannot support the requested variances. Commissioner Swanson stated he feels that the size and shape of the parcel do cre- ate a hardship that should be addressed. Mayor Hawks suggested that the Commission consider once again the review criteria under which the application was considered. Following that st*p, he suggested that a degree of hardship does exist; and the 8-foot setback reflects that degree of hardship. Responding to Commissioner Knapp' Mayor Hawks indicated that removal of the pav- ing and installation of landscaping will be monitored through the zone code enforcement process. It was moved by Commissioner Swanson, seconded by Commissioner Knapp' that the Commission temporarily approve the variance from Section 18.50.120.K' to allow the appli- cant to pave and park in the required front yard setback on North 20th Avenue as re- quested by J.C. B/1/iv, Inc. for Lot 2 of the Amended Subdivision Plat of Lots z and 4 Rearrangement of a portion of Block u of' West Park Manor, First Addition subject to the following conditions: z. That the Commission temporarily waive the requirement for interior parking lot landscaping and shrubs and small trees in conjunction with the canopy trees, on this subject portion of Lot 2 Block 8 with said temporary waiver to be in effect for three years or until the ma- jor site plan is reviewed, whichever occurs first/ z. That an eight (a) foot front yard setback area along Lot 2 Block e be fully landscaped per Section 78.58.100.D. of the interim zoning ordinance, and which shall specifically include berm/ng low shrubs and perimeter curbing or, if approved by the Director of Public Ser- vice, wheel stops; amd that said curbing or wheel stops shall prohibit any portion of any vehicle from encroaching into said 8-foot setback; s. That the entire North 20tb Avenue right-of-way adjoining Lot z Block a ' be landscaped with grass and canopy trees as proposed on the preliminary she plan, and that the requirement for evergreen shrubs or small trees be waived; 4. That the storm water control and detention plans be prepared and os-2V-91 - m - cerufieu by the applicant's engineer and approved by the City Engi- neering onnce prior to final site plan approval; S. That a complete minor site plan for Lot z Block u demonstrating compliance with all landscaping, buffering, perimeter curbing and storm water control and detention facilities, be submitted to the Plan- ning Office within thirty (»o) days of approval of the variance; o. That all on-site improvements described in the above conditions be completed within three (3) months from the date of approval of the variance; 7. That the applicant be required to submit major site plan for the en- tire site within three (o) years from the date of approval of the vari- ance. The motion failed by the following Ay= and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp and Mayor Hawks/ those voting No being Commissioner Goehrung and Commissioner Frost. Mayor Hawks announced that, based on the above action, all three variances were Discussion (continued) - zone code adoption schedule Planning Director Andy Epple submitted to the Commission the newest revision of the proposed adoption scxcuu|c entitled "adjusted optional proposed tbno|inc and briefly highlighting the revisions. He stated that under this now thmeuoc the documents would be available for distribution on the date that the advertisement for public hearing appears in the newspaper. He opted that it also includes two public workshops, with the code be- ing divided into two parts for review at those workshops, The Commissioners concurred with the new "adjusted optional proposed timeUneo as prepared by the Planning Director. Responding to Commissioner Frost, the Planning Director noted it would be benefi- cial to complete the process of extending the interim zoning ordinance before staff and the Commission launch into the process of adopting the final zone code, pe- riod of thirty days, to aUm* the Commission to finalize the zone code. City Attorney Becker cautioned the Commission that this is the suounu and last ex- tension of the interim zoning ordinance n||nwab|c under the State statute. He then en- couraged them to extend the interim ordinance for a period of one year, to cover any un- foreseen calamities which might occur. He noted that ordinance is drafted to stipulate that it will be effective for one year or until the effective date of the final zone code whichev- er occurs first. Commissioner Frost expressed concern about extending the interim ordinance for that length of time noting that the final code would pn,hah[y not be adopted until near the expiration date of the ordinance. - 11 - Mayor Hawks noted that the Commissimn has the power to ensure that the schedule set forth is followed. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission authorize and direct the Clerk of the Commission to advertise for n public hearing on extension of the interim zoning ordinance for an additional period of not more than six months, with said hearing to he conducted on June s 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commis- sioner Swanson Commissioner Knapp' Commissioner GnchrunQ and Mayor Hawks; those voting Mn. none. Staff report re rezoning of R-3 to R-3A in historic districts City Manager Wysocki reminded the Commission that this item was requested by Commissioner Frost. He then submitted to the Commission a memo from Historic Preserva- tion Officer Catherine Goetz, dated May lz regarding possible ,ono changes in the Cooper Park and North Tracy Historic Districts. He then distributed to the Commission a memo from HpO Goetz, doted May 17 correcting an error in the original memo. Commissioner Frost noted that in the 1990 update of the Master Plan, it indicates that inappropriate zoning of R-» and R-4 is threatening the older homes in some of the community's historic districts. He stated that those zones allow the construction of multi- family units or the conversion of large older homes into multi-family units, which may not he compatible with the existing neighborhoods, Commissioner Frost than stated that in the "Goals, Objectives, and Implementation, Policies" section of the 1990 Master Plan, Cnv| C.I. states "Preserve and enhance all of the features of the community's heritage that define and contribute to Gallatin Valley's unique 'quality of |ior.^" He noted that under Implementation Policy wns' d. and e.. the Master Plan suggests amending the zoning as necessary to eliminate provisions which discourage preservation actions and to adopt policies to protect the unique features of each of the historic districts. Commissioner Frost further cited a section of the 1990 Master Plan entitled "Historic Resource Preservation," in which it states "Within the historic neighborhoods and areas of the city' zoning district density classifications shall, in so far as practical, match the his- toric development patterns to minimize conflicts in land development intensity and use." Commissioner Frost stated that the memo from Officer Goetz suggests that the exist- ing zoning uweo not adequately protect either the Cooper Park or the North Tracy Historic District. He then stated that he feels it is important for the Commission to retain the fab- ric of the past; and he feels it is important to address the |ssme. He suggested that in addition to these two districts, the Commission should consider rezoning of the South ��0-91 - 12 - Tracy/South Black area, particularly in light of the letter which the Commission has re- ceived from that area. Commissioner Frost indicated that he feels it is important for the City to take the initiative and |oxdaroh/p to make sure these areas of the city are preserved; and he feels that rezoning would be the first step in that process. Mayor Hawks noted that many of the larger old homes have, been divided into sever- �~�- �y � � o| dwelling units, without f�m£��c� the exterior,' to create an affordable home. He then suggested that these proposed zone map changes could help to protect the fabric or those historic portions of the community where the existing zoning designations might allow an incompatible development. Commissioner Frost noted that, through economic incentives some of the older homes are now being converted back to single-family units. Responding to the Mayor, Planning Director Epp|c suggested that the proposed zone map changes be incorporated in the final zone code. He stated that the timeline for con- sideration of the rnnc map changes, therefore, would be that sot forth in the above agen- da item. Hc then stated that several areas have indicated significant interest in rezoning; and he suggested it may be beneficial to include all of those in the overall process. Mr. Matt Lavin 311 South Tracy Avenue, stated that he had addressed the Com- mission during a public hearing several weeks ago. He stated that at that time, he re- quested that the Commission rezone the area of South Traoy/Svuth Black Avenue to R-sA, not just because it is an historic district but for safety concerns as well. Mr. Lavin than submitted to the Commission a petition containing 224 signatures from residents in an area delineated an the map' generally including South Tracy/South Black/South Church Avenues from Olive Street south. Mayor Hawks stated the petition will be referred to the Planning Director for inc/u- sion in the impending adoption of the final zone code. City Manager Wysocki asked if all historic districts presently zoned R-a and R-4 are to be included in these proposed zone map changes; the Commissioners concurred they should be. Commissioner Frost noted there are three historic homes in the M-1 zone on North Wallace Avenue; however he is not certain how they should be addressed. Responding to Commissioner Frost Planning Director Epp|e stated that a large por- tion of the northeast sector which had previously requested a znmo map change will be included in the changes proposed under the final zone code. It was moved by Commissioner Knapp, seconded by Commissioner Gnohruog that the Commission authorize and direct staff to proceed with advertising the appropriate proposed zone map changes in conjunction with adoption of the final zone code. The _ 13 _ motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Coehrung Commissioner Frost Commissioner Swanson and Mayor Hawks, those voting Mn' none. Discussion proposed stop sign at North 20th Avenue and West Beall Street The City Manager reminded the Commission that this item was requested by Commis- sioner Frost. He then submitted to the Commission a memo from Director of Public Service phiU Forbes, dated May 15. Director of Public Service Forbes stated that discussions with one of the residents along North 20th Avenue has revealed that this request for a four-way stop sign at its in- tersection with West Beall Street was triggered by a des/re to make it |nos convenient to use North 20th Avenue than it is to use North 19th Avenue as the connector street be- tween Dwrstnn Road and West Main Street. The Director stated that traffic studies have ro,vsyed that a four-way stop sign is not warranted at the subject intersection. He further noted that stop signs reduce speeds for only approximately 200 feet on each side of the intersection; therefore, they would not adequately address the speed concerns within those long blocks. The Director then stated that he views the use of signs to create inconvenience the same as using stop signs to control speed. Responding to Commissioner Knapp, the Director stated that N costs approximately $Tno to install a sign; and replacement is an average of once every tan years. Responding to Commissioner Swanson, the Director indicated that the subject inter- section is "not even close" to meeting the warrants fnr installing a four-way stop sign. He than stated that a review of accidents at that intersection has revealed three accidents in the past two and one-half years, with one of those appearing to be a fairly serious ac- cident. Responding to the Mayor Director Forbes acknowledged that installation of a /bur-way stop sign *uo/d be an impediment to through traffic; however, be expressed con- cern that installing signs which do not meet warrants could result in an increased accident rate because people tend to not stop for signs that don't make sense. Commissioner Knapp suggested the possibility of making North 20th Avenue u one-way g*img north, since it appears that the southbound traffic may be what is creating a majority of the problem, Commissioner Front noted the reason for requesting the four-way stop sign was for behavior modification, to get pwnp(o to use North 19th Avenue, which is an arterial, rather than North 20th Avenue, which is a residential street. He further noted that North zooh Avenue borders a City park for quite a distance. V5-2n-9l - w- Nbyur Hawks suggested the possibility of changing the existing two-way stop ai8os so that the traffic on North 20th Avenue is required to stop rather than the traffic on West Beall Street, The Director of Public Service cautioned that changing the orientation of the two-way stop signs would violate another series of warrants. He then advised the Commis- sion to consider a four-way stop rather than changing the two-way stop signs. The Director then stated he shares the neighborhood's concern; however, he does not know how to address it. He noted that when the subdivision was platted, it included very long blocks; and that has bm|pod to allow the speeding problems which any being in- curred. The Director indicated that he has checked with the State to determine the status of the speed study for North 19tx Avenue; and has found that they have not yet rnp|yzvu the data which they have collected. He then suggested that possible increasing of the speed limit on North 19th Avenue might alleviate some of the traffic problems on North 20th Avenue. Commissioner Knapp stated that it takes time for frequent users of a street to in- corporate a new stop sign into their personal habits, noting that it took two or three years for everyone to accept and recognize the stop sign at the corner of South Tracy Avenue and Garfield Street. Responding to Mayor Hawks, Director of Public Service Forbes stated that even if speed bumps are not illegal on city streets, they are ill advised from a liability standpoint. He further noted that speed bumps are tough on plows. Commissioner Frost stated that when he requested this item be placed on the agen- ma, speed was not his major concern, rather the amount of through traffic on a normal residential street. He suggested that using traffic signals and signs might be about the only way to modify people's behavior and get them to use North 19th Avenue instead. Director of Public Service Forbes suggested that he could request an opinion from the Smu* Traffic Engineer, noting the advice would be free. Mayor Hawks requested this item he placed on the agenda for further discussion when additional information is available. Public t Soroptimist Park redevel City Manager Wysocki reminded the Commission that this item was requested by Mayor Hawks. Mayor Hawks noted the Commission currently does not have any procedures for re- view of redevelopment of parks, since the City's master plan for development of parks has not yet beer) completed. He stated that the redevelopment of Soroptimist Park reflects a great grass roots effort by the Downtown Bozeman Association, noting that representatives o5-zV-g1 - 15, - or that organization have been in contact with everyone they felt appropriate during the entire process. The Mayor expressed concern, however, that this project has not been subjected to pub/|r review or comment; and he felt it appropriate to take this opportunity for such review. Mr. Steve Schnee, member of the Board for the Downtown Bozeman Association and Chairman of their Bright and Beautiful Committee, stated that the Committee has worked to enhance the downtown area in various ways. He noted that they have been responsible for the sidewalk planters and trash receptacles and were responsible for the hanging flow- er baskets in the past. Mr. Schnee stated that the Committee has been raising monies over the past coup/e years to fund redevelopment of the Sor^pdmist Park. He noted that the park is located at the eastern entryway to the core of downtown/ and it is one of the few green spaces in the downtown area. Be aLatmd, therefore, the Committee felt this was a Sv"u area in which to take a visible and positive step to make the downtown more attractive. Mr. Schnee noted that the City and the Chamber of Commerce are in the process of developing an "adopt-a" program for parks and other public areas; and the DBA has in- dicated its desire to "adopt" this park. He then reviewed the revisions which the Commit- tee has proposed for the park, He stated that a patio area is to be created in the interior of the park' just off the existing sidewalk. Also, the large juniper bushes are being removed; and a large flower garden is being installed to break up the large amount of ce- ment in the park. The existing crab apple tree, which is dead, is to be replaced with an- other one. Mr. Schnee noted that the brick planter which was located inside the park has de- teriorated; and the juniper bushes in it will be transplanted and the planter removed. A Colorado spruce tree is to be planted in the northwest corner of the park, and it will be used as a live Christmas tree for the Christmas Stroll activities, The Committee also plans to replace the drinking fountain, which is also reaching a state of disrepair. Mr. Schnee indicated that they also plan to plant n lilac hedge along the South Rouse Avenue side of the park' leaving open spaces for people to enter the park. He noted that this will make the pork more private from the street yet create an open and welcoming atmosphere. Mr. Steve Schnee stated that the Committee proposes the installation of a sign near the large spruce tree. He suggested that stonework which matches the fountain and exist- ing planter would probably be used in that sign. Mr. Schnee stated that the Committee has considered putting picnic tables under the shade trees to make the park more io,it/oW and appealing, He noted that lawn furni- ture has also been discussed as a method of making the park more attractive. Mr. Schnee stated it is the Committee's long-term goal to maintain the park' inc|ud- 05-20-91 - lo - ing the planting or annual flower beds. He asked, however, that the City water and mow the lawn on, an on-going basis. The City Manager noted that the "adopt-a-park" guidelines have not yet been es- tablished; thcr=nnrc the review process has not been formalized. He noted it is important to establish some type of consistent review process to mmsurc that what is being contem- plated in the parks is acceptable to the City. He suggested that such a review process may mot necessarily include the Design Review Board or the City Commission. Mayor Hawks noted that a master plan for development of parks has been envisioned for several years; however no such plan has been completed to date. He then stated a desire to see such a plan completed, with that plan providing guidelines for how each park is to be dove|oped, noting that would eliminate this type of piecemeal approach. Responding to Commissioner 3wansom, Mr. Schnee stated that by the time the spruce tree gets big the mural will have to be addressed in some manner. Responding to Commissioner Frost Mr. Schnee stated that the body of the proposed sign is s feet by 10 fmcc, with the overall height of the sign being six foot. Commissioner Frost stated that he hopes the renovation of this park will make it more inviting for downtown shoppers to stop in the summertime. Mayor Hawks suggested that the wording on the sign be revised to read "Welcome to Downtown Bozeman" or simply "Downtown Bozeman." Mr. Schnee responded that when people exit the interstate at the East Main Street [ntorchangm, they will realize that they are within the city limits; however, he feels it is appropriate to say "Welcome to Bozeman" as they enter the core downtown, Mr. Keith Swenson, member of the Design Review Board, stated that he and Mr. Schnee have discussed possible designs for the sign; and Mr. Don McLaughlin, architect who has an office in the dnwnton area will review the sign to determine if addicional al- ternatives should be considered as well. Mr. Swenson noted that the plans for this rede- velopment of the Svrontimiot Park reached the DR9 later in the process than is typical; however, he stated a desire to work with the DBA to ensure that the project moves for- ward as expeditiously as possible while addressing any concerns which the DR8 has ex- pressed. Mayor Hawks stated support for the effort which the Downtown Bozeman Association has taken to make this a more friendly park. Responding to Commissioner Swanson, Mr. Schnee stated that at this time, there is no plan for fighting of the sign; however, he noted it could be done at some time in the m/turr. Mr. Swenson stated that an analysis done several years ago in New York City re- vealed that people like seating which can he easily moved, as opposed to relatively stotipo- 05-20-e1 - 17 - ary seating. Mr. Schnee noted that the members of the Committee and the DBA who are working on this project are open, to suggestions on how to improve the park during this redevelop- ment process. Mayor Hawks thanked Mr. Schnee for his presentation on the redevelopment of Sornptimist Park. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Agenda and packets for the City-County Planning Board meeting scheduled for 7m0 p.m. on Tuesday May 21 in the Commission Room. (z) Copies of the daily minutes for the Gallatin County Commissioners for the weeks of April 22 April zs and May V 199l. (s) Copy of the minutes of the May lu County Commission meeting. (4) Copy of the memo to the Design Review Board, Planning Board and City Commission from Planner Kevin Wall, dated May 14, 1991, regarding the entryway corridor design objective plan,. (5) Invitation from the Chamber of Commerce to attend the Memorial Day Ceremo- ny to be held at Veteran's Park at 12:00 noon on May 30. [a] Copy of the invitation to bid for 1991 street improvements. (7) Copy of a flyer announcing a meeting entitled "All about CoHousing," to be held at 7:00 p.m. on Tuesday night, May 21, at the Beall Park Arts Center. (8) An information sheet from the MAWWA/MWPCF Government Affairs Committee providing a synopsis of the current federal and state legislation pertaining to water, waste water and storm water. (9) Copy of a letter from ICMA, dated May 15, 1991, congratulating City Manag- er Wysocki on his election as President of GOSCMA. (10) The City Manager submitted his weekly report, as follows. (I ) Met with the Band Board regarding the upcoming band season schedule, the first of which will be held on June 18 at Bogert Park. (2) Attended the City-County cooperative meeting last week, at which topics of discussion included 8arua8=' the landfill, and funding for the Library. (a) Attended three negotiation sessions last week. (4) Attended the subcommittee an the Burke property meeting last week. (5) Announced that Lieutenant Bob Furu is back in town from his tour in the Persian Gulf and will be hack to work in two weeks. (o) Stated that he has talked in a number of people regarding the proposed vacation or South Ida Avenue, which is also referred to as 4th Avenue S.E. He stated that a conversation with �-2o-ol -1S- Mr, Bob Simkins, who had requested the vacation, revealed that he has changed his plans; therefore, a different route must be found to connect the trail along the ridge. (7) Has begun the next stop in the budgeting process, which includes reduction of re- quested expenditures. (8) Prepared a letter for the Mayor's signature regarding triple trailers and double 48'a. (s) Announced that agenda preparation took a lot of time last week. (10) Announced that the regular weekly pickup or r"*p"stwb/c yard wastes began today; and the initial schedule will be on Monday, Tuesday and Wednesday of each week. (ll) Announced that street sweeping in various sections of the community has begun. (ll) The city Manager announced that the deadline for applying for grant monies for the Historic Preservation Office is tomorrow; and he has signed the application for a $s grant' He stated that this grant is to provide some of the funding for next fiscal year's operations; and the City's budget wilt include $8 to cover the remainder of the costs of that activity. He stated that he also signed a grant application for a anrdal project' in conjunc- tion with the schools, regarding historic issues, in an amount totalling $4 He stated that the application is for $z in monies from the State, with the School District to pro- vide the watching monies. (}2) Commissioner Knapp stated that graduation caromwn|me for Leadership Bozeman |l| will be held at the Riverside Country Club on Thursday, May zs. She then invited all interested Commissioners to attend noting that reservations must be made at the Chamber office by tomorrow. (13) Commissioner Gochrung submitted the following. (1) Announced that the ad hoc recycling committee will sponsor o public meeting at 7:00 p.m. on Wednesday, May zz at the Library to discuss recycling issues. (2) Requested an agenda item next week to discuss development of an updated needs assessment. He stated that the federal govern- ment wilt be releasing an additional $6 million in Community Development 8|uok Grant mon- ies for housing and public facilities purposes; and the City's needs assessment must be updated before it can possibly apply for any of these new monies. He suggested that, given the demands which have been placed upon gaff as a result of updating the zone code, it may be beneficial to contract for this needs assessment. (14) Commissioner Frost submitted the following. (l) Attended the Planning Board meeting on Tuesday night. (z) Attended the groundbreaking for the HONE afford- able boos/mg project, as the City's representative. He then submitted to the Commission the certificate of appreciation which he received from HOME on behalf of the Commission. (l5) Mayor Hawks submitted the fv||vwin8' (1) Gave a welcome to the Montana District of Rotary Conference on Friday morning. (z) Was involved with several City ac- tivities during the past week. (z) Announced that a conference is to be held in Gwptvm- 05-20-81 - 19 - / � f in part' by the National Endowment for the Arts regarding economic deve&opmont and amenities and their relationships to each other. He indicated that he is currently serving on the comm to develop the program for that conference. (4) Announced that on Tuesday he will be attending a luncheon with the Japanese Council General, from Seattle, who is in Bozeman with a contingent of people regarding international trade. r.....~ /~.~_ City Manager Wysocki presented to the Commission th:e following Consent Items, Letter from POST Committee requesting public hearing June 10, on Master Plan for Parks and Trails Deviations from requirements of the code to decrease front yard landscaping and increase sign square footage within an entryway corridor - Bozeman Horseworld Request for permission fo Walk for Life 1 91 - Pregnancy Problem Center - June 8, 9:00 a.m. - Begin at Lindley Park, to Main, 11th, Grant, Willson, Main, to Lindley Park RequesT permission to close North Avenue from East Main Street to East Mendenhall Street - Downtown Bozempn Association - May 31,. 1991 - durinq filminq of "America's Funniest People" It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commiss apPrwve the Consent Items as listed, and authorize and direct the appropriate persona to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Ay* being Commissioner Go°hr"ng Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting Nn none. Recess - 5.35 p.m. Mayor Hawks declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7;00 p.m. Mayor Hawks reconvened the meeting for the purpose of conducting the scheduled public hearings. Public hearing Commission Resolution No. 030 intent tp implement 4.5-percent i n- crease This was the time and the place set for the public hearing on Commission Resolution No. 2830, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2830 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEM8N MONTANA, D0DEg|wG A PUBLIC HEARING BE HELD ON A PROPOSED FOUR AND ONE-HALF PERCENT (4.5?6) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Mayor Hawks opened the public hearing, City Manager Wysocki entered into the record a summary of three telephone calls 05-z0-191 -2u- received by the Clerk of the Commission, as follows: a call received from Mrs. Warren Esty on May 3, stating support for the proposed water and sewer rate increases; a telephone oa|| from Ms. Jean Vondovomr on May s ' asking several questions about the proposed increases; and a telephone call from Weezie Gorman on May B stating opposition to the proposed water and sewer rate increases. He then submitted to the Commission a letter from Mr. Gene Brooks, received tnuav stating opposition to both the proposed water and sewer rate increases. The City Manager then noted that under this resolution, the Commission proposes to increase the rates for water consumption by 4.5 percent which will increase a residential average bill of $13 by 81 cents per month. He noted that 4.0 percent of this increase is to cover inflationary costs; and the remaining .5 percent is for equipment replacement. He further noted that v percent increase generates approximately $21 in additional rev- enues; therefore, this 4.5-percent increase will result in a *yo increase in revenues for an approximate *z ' osn.ouo annual operation. The City Manager noted that the Water Fund is one of three enterprise funds in the City's operations; therefore, the revenues generated by the user fees billed and collected must cover all of the costa incurred by that fund. Mr. Steve Green owner ofScrubby's Car Wash briefly reviewed the history *f his operation, noting that ten years ago' he had difficulty proving to the City that car washes are not wa*t:r"| water users. He then stated that since that time the City has approved the installation of three other car washes in the community. Mr. Green stated that he is a small businessman. He then stated that he cannot raise the price of the oar washes to cover the additional costs of water; and he can i|| af- ford to absorb the costs himself. He noted that his business operates on a year-round basis weather permitting; however, in the winter he must also maintain a slight flow in the car wash stalls to avoid freezing; and that drastically increases his winter water bills. Mr. Green noted that with the 4.5-percent increase an average resident may real- ize an increase of under a dollar; however, the business owner will realize a substantially higher increase. He then suggested that the naoidemua| water rates be increased, with the commercial water rates remaining at their present levels because of the increased im- pact on those commercial uses by this type of rate increase. Mr. Green then mated his concern about the continual increases in water rates noting there appears to be no end in sight. He them encouraged the Commission to not increase the water rates, especially for commercial use. Responding to Commissioner Swanson, the City Manager reviewed the water system improvements which are anticipated over the next few years, which include expansion of the water treatment plant, a valve and pipeline replacement program' and looping of the V5-oO-9l - 21 - water lines in the Highland Boulevard area. Mayor Hawks noted that the City staff has developed a long-term water improve- ments plan, with the projected water rate increases needed over the next five years to adequately fund those improvements. He noted that completion of many of these projects will allow the City to provide an increased amount of water, to address the increased de- mands which are anticipated. The Mayor further noted that when the large water increase was implemented a few years ago, the public expressed concern about such an increase and stated their definite preference for smaller incremental increases implemented on a regular basis. Mayor Hawks closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission direct staff to prepare a resolution setting the new rates charged to customers of the municipal water system!. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Public hearing - Commission Resolution No. 2831 - intent to implement a 9.0-percent in- crease in the sewer rate charged to customers of the municipal sewer system This was the time and the place set for the public hearing an Commission Resolution No. 2831, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2831 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED NINE PERCENT (9.00) INCREASE IN THE SEWER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL SEWER SYSTEM. Mayor Hawks opened the public hearing. City Manager Wysocki entered into the record a summary of three telephone calls received by the Clerk of the Commission, as follows: a call received from Mrs. Warren Esty an May 3, stating support for the proposed water and sewer rate increases; a tele- phone call from Ms. Jean Vandeveer on May 6, asking several questions about the pro- posed increases; and a telephone call from Weezie Gorman on May 6, stating opposition to the proposed water and sewer rate increases. He then submitted to the Commission a letter from Mr. Gene Brooks, received today, stating opposition to both the proposed water and sewer rate increases. The City Manager then stated that under this resolution, the Commission proposes to implement a 9.0-percent increase in the rates for sewer service by 9.0 percent, which will increase a residential average bill of $8 by 72 cents per month. He noted that this 9.0-percent increase includes 4.0 percent for inflation, 3.0 percent for loss recovery, 1.0 percent for projects and 1,0 percent for equipment replacement. He stated that 1 .0 per- 05-20,-91 - zz - cert generates approximately $11 therefore, this 9-0-pmrocnz increase will result in a $103 increase in revenues. The City Manager then highlighted some of the projects to be completed under the City's long-range plan for this fund including sludge pond rmp|acmvan/ possible acquisi- tion of sludge dawat+ring system improvements to the aeration basin and replacement of a 21-inch clay trunk line. He then stated that in this fund the expenditures have ex- ceeded revenues over the past few years/ and the 3.0 percent for loss recovery has been implemented to turn that trend around before this enterprise fund reaches a serious deficit cash flow position. Responding to Commissioner Frost, the City Manager indicated that the 21-inch trunk line to be replaced extends from North Rouse Avenue to North 7th Avenue approxi- mately at Oak Street extended. No one was present to speak in support of or in opposition to the proposed sewer rate increase. Mayor Hawks closed the public haaring. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission direct staff to prepare a resolution setting the new rates charged to customers of the municipal sewer system. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner onehrong Commissioner Frost and Mayor Hawks; those voting No, none. Public hearing Zone Map Change R 3 to D-2 Gene Cook for George Westlake and Martinen - 6,569-acre tract located in the NEI, of Section 1, T2S, RSE, MPM (approxim 137 feet east of North 7th Avenue between Oak Street and Baxter Lane extended) This was the time and the place set for the public hearing on a Zone Map Change from R-S Residential-Suburban--Country Estates, to u-2 Community Highway Business, requested by Gene Cook for George Westlake and *ay Mamneo for a 6.569-acre tract located in the Northeast one-quarter of Section 1 Township z South, Range s East, Montana Principal Meridian. The subject property is more commonly located approximately 737 feet cast of North 7th Avenue between Oak Street and Baxter Lane extended. Mayor Hawks opened the public hearing. Associate Planner Kevin Wall presented the staff report. He reminded the Commis- sion that this tract is the same parcel which is the subject of the West|ako/ma,tin=n An- nexation, which is currently in process. He noted that the subject 6.569-acre tract gen- erally lies along the east side of North 7th Avenue, north of West Oak Street and south of Baxter Lam* extended. He noted that it lies just north of K-Mart and is surrounded by various commercial uses including gas statinns, motels and n car wash. The subject property is currently vacant. os-2o-97 - z] - Planner Wall then reviewed the annexation request and the items which have been waiv- ers of right to protest the creation of special improvement districts for specific projects as well as dedication of some rights-of-way for future street development. Planner Wall then reviewed the staff findings for this requested zone map change from RS to B-2 after their review of this application in light of the twelve criteria estab- lished for such review. He stated that during that review, the staff determined that the current RS zone is inappropriate, and that the proposed B-2 zone is the most appropriate for that area. He noted that the new zone will create additional traffic; however' steps are being taken to mitigate that impact as much as possible. He stated that the transpor- tation plan will focus on improvements to the system in that area including the extension or Oak Street from Worth 7th Avenue to North Rouse Avenue. He noted that this will be- come increasingly important with the extension of West Oak Street from North 7th Avenue to North votb Avenue as a part of the current FAU Pno]act, He than stated that installa- tion of a traffic signal is scheduled to be a part of that FAU project; however, if it is deleted from that project, the applicant has been requested to provide a waiver of protest for the creation of a special improvement district to install that traffic signal, with the costs to be fairly apportioned to those entities generating the traffic, Planner Kevin Wall stated that, following the public hearing held an May 7, the City-County Planning Board recommended approval of this requested zone map change. Responding to Commissioner Frost, Planner Wall stated that the zoning must be zon- ing does not comply. ded- icated right-of-way is being required along the south side of the pronerty, which is the north side of Oak Street, He stated that a 80-font easement currently exists; and an ad- ditional s feet is needed on each side to provide the 100-hmt_wid" right-of-way for future development or oak Street as an arteria|' Mr, Gerre Cook, applicant along with Mr. Westlake and Ms. Martinen, noted that the master plan has contemplated commercial development on this site/ and h r the subject six-acne parcel. He stated that three acres are to be used for his initial project, with the remainder to be developed in the near future as demand is demonstrated. Mr. Cook then encouraged the City to extend Oak Street from North 7th Avenue to North Rouse Avenue as soon as pposih|o noting that arterial would be beneficial to the ant/re community, No one was present to speak in opposition to the requested zone map change. Mayor Hawks closed the public hearing. - uv - |t was moved by Commissioner Knapp' seconded by Commissioner Goebrung' that the Commission waive the customary one-week waiting period for land use decisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung Commissioner Frost Commissioner Swanson and Mayor Hawks; those voting Nn none. It was moved by Commissioner Gnehr""g seconded by Commissioner Frost that the Commission approve the zone Map Change from R-8 Residential-Suburban--Country Es- tates, to B-2, Community Highway Business requested by Gene Cook for George Westlake and Kay Martinon for u 6.569-acre tract located in the Northeast one-quarter of Section 1. Township z South, Range s East Montana Principal Meridian. The mvt/nm carried by the following Aye and No vote. those voting Aye being Commissioner GorhrunQ, Commis- sioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Public hearing Conditional Use Permit Joseph and Susan Billion review of land use development guidelines for proposed Billion Plaza Planned Use Development located in the E and SE Section 9, T2S, R5E, MPM (north side o US 191, west of Cottonwood Street This was the time and the place set for the public bearing on a Conditional Use Permit requested by Joseph and Susan Billion for review of land use development guide- lines for the proposed Billion Plaza P|anned Use Development located' in the East one-half and Southeast one-quarter of Section 9 Township 2 South Range s East Montana Princi- pal Meridian, The subject site is more commonly located on the north side mf US 191 west of Cottonwood Street extended. ° Mayor Hawks opened the public hearing. Associate Planner Dave Skelton presented the staff report. He stated that this ap- plication is for n rvnrrpoua| review of the conceptual land use development guidelines for the Billion Auto Plaza Planned Unit Development. He stated that at a later date the Com- mission will review the Conditional Use Permit for Phase |' which is the construction of a 20 car dealership, in light of the conceptually approved conceptual land use development guidelines which are before the Commission under this hearing. Planner Skelton stated that a substantia:| number of memos were distributed in the Commissioners' packets. He then encouraged the Commission to concentrate on the Plan- ning staff memo dated May |s- The Planner stated that the Design Review Board and the City-County Planning Board have reviewed these guidelines, noting *hat they feel are de- ficiencies in specific areas, such as the design elements and architectural guidelines, He noted that under these guidelines, the developer proposes to tie the planned unit develop- ment u`8*th*r through landscaping, signagc lighting and open space buffering rather than 05-20-9l -2s- through architectural elements. Planner Skelton suggested that two specific items to be addressed include whether or not the City should be made " party to the land use development guidelines, to ensure that modifications or alterations are not adopted without City review, and how expansive should the list of permitted uses within tbe planned unit development be. The Planner then requested that the Commission conceptually consider the guide- lines when they review Phase | of the development in the future, since the applicant has not yet submitted a formal application for the entire planned unit development, He sug- gested, however, that if the Commissioners wish they may indicate their ideas about how extensive the list of permitted uses should be. Mr. Dan Kamp' architect representing the applicants, stated that the document be- fore the Commission represents the preliminary conceptual land use development guidelines. He stated the document is divided into four major sections: protective cnvonants, dove|vp- went guidelines, review and approval process, and the design sketchbooh. Mr, Kamp then highlighted each of these sections in turn. He stated that the pro- tective covenants are quite extensive. He then noted that the development guidelines are divided into six specific elements, including the submittal requirements, site planning guidelines, architectural guidelines, landscape guidelines, sign guidelines and lighting guidelines. He stated that the setbacks contained in this document for interior property lines are more restrictive than the City's zone code; and the screening requirements for exterior mechanical areas are specifically set forth. He stated this section also addresses issues |xxo the elimination of nuisances such as excess noise. Mr. Kamp stated that the applicant proposes, to use landscaping as one of the com- mon themes which des the entire planned unit development together. He noted that this section addresses not only perimeter landscaping, but landscaping along interior lot lines and open spaces as well. Mr. Kamp stated that the sign guidelines are also quite specific addressing issues such as materials and the size of signs. He also noted that the section on lighting con- tains a substantial amount of specificity, particularly in terms of lighting levels, types of lighting fixtures and restriction of light glare on adjacent streets and lvts. He noted that these guidelines have also been established to rnsqn* some type of continuity in the overall project. He further noted that these elements are reflected in the conditional use permit for Phase |' the 20.000-xnmarc-fout car dealership, which will be back before the Commis- sion for action at next week's meeting. Mr. Dan Kamp stated that the section on review and approval process sets forth an eight-page form which must be completed for each proposed project within the planned unit development. He noted that the form is straight forward with columns for approval or o5-zo-9l non-approval of each line item. He suggested that with the amount of detail contained in this form, it should make review of each application very easy. Mr. Kamp yta»cu that the final section, which is the design sketchbnoh, is intended to provide a scope of design elements that will be considered, without providing any type of pre-designed structure. He noted' that this will allow each architect to address those elements in whatever manner they determine appropr|ute. He then noted that this section also contains sketches of the types of sign= and lighting which will be allowed, noting that these section, are much more specific than the structural guidelines, Mr. Dan Kamp stated that the concern was raised at the Planning Board hearing that there are no architectural requirements for the structures within the planned unit de- velopment, rather the landscaping, lighting and signegn are to create the single theme. He then cited South Willson Avemue, where there are many different architectural w/wnwnts and building materials used; however, the consistent landscaping ties it all together in an attractive manner. He then stated that these guidelines drew a wide range of comments at both the Design Review Board and the Planning Board meetings, ranging from concern that they are too broad to cpmmaro that they are too restrictive. Mr. Kamp stated that the applicant is willing to revise these guidelines to contain any elements which the Commission feels are not adequately addressed. He then addressed some of those concerns which have been raised by staff and the two review bodies to data as tn|/mws. He stated concern about the factor of scale has been raised. He noted this is a very difficult element to address; however, he is willing to work with staff and the boards to develop text to address it if so directed. He stated another concern has been the lack of cross-referencing between the architectural guidelines and the design sketch- book. He noted that he feels that is an appropriate concern; and it will be corrected by providing adequate cross-referencing. A third concern has been for buffering along the north property line; and Mr. Kamp indicated that issue will be addressed. Mr. Kamp then noted that a fourth concern pertained to incorporating Mr. Dick Pnh|'s recent street tree report into the guidelines for this project; and he indicated that will be accommodated within this document. He further indicated that the recommendations included in that re- port will be incorporated into the plans which will be forwarded for consideration of Phase | at next week's meeting. Commissioner Swanson stated that during the public hearing on Phase | of the planned unit development, concern was raised' about a public address loud speaker system proposed for Phase /. He then asked if that issue is addressed in these guidelines. Mr. Kamp responded that the nuisance section of the guidelines addresses excessive noise, and sets forth the acceptable decibel level at specific frequencies at the lot line. Further responding to Commissioner Swanson, Mr. Kamp stated he [eo|o a loud os-zo-ox - 27 - speaker system would be acceptable. He then suggested that if the Commission wishes this item addressed in greater detail, it should do so through the zone code so that all car dealerships would be required to operate under the same guidelines. Mayor Hawks noted that these guidelines seem to be written so that all monitoring is done internally; and they can be modified by concurrence of the principles invo]ved. He stated it appears that after approval of the planned unit development, the City is essen- tially eliminated from involvement in enforcement or revision except through the zone code enforcement process. He expressed concern that this would effectively eliminate any pub- tic review of any development of the remaining portion of the planned unit development; therefore, he suggested that these guidelines should be as restrictive as necessary to en- sure that development occurs as anticipated. He suggested that if the guidelines are not adequately restrictive, he feels the city must be a party to ensure that all development within the PUQ is appropriate. Mayor Hawks then noted that this proposed planned unit development is located within an R-O Residential--Off ice, zone; therefore, the so/* of the project is extremely important. He also expressed concern that the architectural guidelines do not require any type of assurance that m residential facade be utilized, rather they appear to e|[nw for " hvdge pvdge of design rather than any continuity of design. The Mayor then stated that he feels there should be some continuity of design in the building facade, so that "it looks ||he the place holds together." He recognized that continuity in the lighting and landscap- ing features will help; but he also feels it is important to ensure some degree of unifor- mity. Mr. Dan Kamp responded that any changes in the guidelines must be subjected to City review. He suggested that if those changes are m/onr they can be reviewed and ap— proved by staff; however, if any ma/or changes are proposed, they must be reviewed and approved by the various review bodies. He then stated that at this time, it is not the ap- plicant's intent to make any major changes in these guidelines. Mr. Kamp then addressed the issue of providing specifics in the architectural guidelines, noting the applicant has expressed a willingness to focus on specific materials and elements; however, he stated that from an architect's standpoint such guidelines |omva one hamstrung. Mr. Kamp stated that if the Commission wishes, the applicant would be willing to sit down and work out a compromise which would be acceptable to both parties' Responding to Commissioner Frost, Mr. Kamp stated he haa|s the term "contempo- rary building forms" is defined In this document. He suggested that if the Commission feels it is inadequate, an attempt could he mad= to revise that definition. He then indicat- ed that two or three of the photos contained in the design sketchbook illustrate such e|e- O5-zn-91 - aa - ments. Commissioner Frost suggested that o listing of the materials used on each design in the sketchbook cn"W provide some valuable direction. He also noted that in the sketch- book, some of the photos look like they include single-family dwellings; and the scale of those structures is not compatible with the size of lots involved in this app||cativn. Mr. Kamp responded that the photos are simply to demonstrate unique features, such as entryways or rvvflincs. Commissioner Front noted that the ||ot of permitted uses listed in these guidelines refers to permitted voms in the B-o and M-1 zones noting that this planned unit develop- ment is located in an R-0 zone. Mr, Kamp responded that is an oversight; and all references to specific zoning dis- tricts will be removed. He then stated it was the applicant's intent to cover a broad range of allowable uses, He suggested it may be beneficial to reorganize this list, using sub-categories to create ^ more specific list of allowable uses. Commissioner Frost noted that the only open space specified includes the stream corridor, the on-site water detention and easements. He noted that no other open space for the entire planned unit development has been sat aside. M,. Kamp responded that, due to the location of the site, it was halt that the bast open space area *muW be along the stream corridor, noting it provides buffering which will minimize the visual impact of this project from the west. He then noted that, given the nature of the project and the types of use, there will be o substantial amount of open space within the planned "nit development because of the relationship of building size to lot size. Commissioner Frost noted that curbing for the parking areas is not addressed in these guidelines. Mr. Kamp responded that issue is addressed by the zone code. Commissioner Knapp noted that at the November 79 meeting, Assistant to the City Manager Brey indicated that in commercial zones, all of the lot except the required set- backs may be covered with buildings and asphalt/ however, this is an R-O zone. She then noted that she feels that the potential for over-developing a site within this planned unit development could be avoided by incorporating specific open space requirements in these development guidelines; however, she feels it has been omitted. She then asked if the zone code adequately addresses the issue. Mr. Kamp indicated that an alternative which exceeds the zone cod* requirements could be developed. Mayor Hawks stated concurrence with Commissioner Knapp's comments. He then noted that' while it is larger in scale than typical R-O development, he has viewed the - 29 - initial reviews of this project as a business park development. He then suggested d`at, rather than /[sting specific permitted uses it may be beneficial to develop a strong intent statement which would provide more flexibility, as long as that project meets the very strong guidelines for development which have been developed. The Mayor then noted that the original proposal was for an auto plaza development; however, this document provides for a more diverse development. Mr. Joe Billion, applicant, stated that in his original application, he did discuss de- velopment as an auto plaza; however, he bcu|s that a business park type development would be more appropriate. He noted there is really only one other car dealership that might n,|nrato to this plaza; and the number of automnb le- related retail uses is quite limit- ed. He then stated that the guidelines are designed to ensure that future development within this planned unit development is as good as or better than that of Phase /. Responding to Commissioner Swanson Mr. Billion stated that he has tried to work with the DR8 and the Planning Board to create a document that is acceptable to the City. He then noted that another formal application process is necessary for the planned unit development; and these conceptual guidelines provide a basis for that process. He then indicated his desire to create a quality development, with quality landscaping. He noted that, with this being an entryway to the city' he wants to ensure that the project is an asset which will enhance that entryway; therefore, he is proposing requirements which are more stringent than those contained in the zone code. City Manager Wysocki entered into the record several letters of support which have been received concerning this project, including: Bruce Gerlach dated May lo; Wayne Gibson, dated May 14; Jack Gates, dated May la; Doug Alexander, dated May 12; and Lawry arokko and Dave Brekke dated May 15, Mr. cpnc Conk stated the applicant is putting a lot of effort into this project. He noted that professional expertise has been used in preparing the guidelines for the planned unit development; and he hou|v that following those guidelines will create u devel- opment of which the community can be proud. He then encouraged Commission approval of this application. No ome was present to speak in opposition to the conceptual land use development guidelines. Mayor Hawks dosed the public hearing. It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Commission waive the customary one-week waiting period for [and use decisions. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner 3wansnn Commissioner Knapp' Commissioner Goehrung and Mayor Hawks, those voting Mn none. O5-2o-e1 -3o- |t was moved by Commissioner Swanson, seconded by Commissioner Knapp' that the Commission conceptually approve the conceptual /and use development guidelines for the proposed BU|[nn Plaza Planned Use Development located in the East one-half and Southeast one-quarter of Section o ' Township z South, Range s East Montana Principal Meridian, as amended to address all of the concerns forwarded through this discussion as well as those forwarded by the advisory reviewing bodies. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commission- er Gnmhrung Commissioner Frost and Mayor Hawks; thmoo voting No, none. Public hearing - major site plan with four deviations - Connell Chevrolet/ Buick/Geo/ Toyota Lots 1, A and B, Block 1, Amended plat of Kirk's Second Subdivision (1735 West Main This was the time and the place se/ for the public hearing on a major site plan with four deviations requested by Connell Chevrolet/ Buick/ Qeo/Toyota for Lots l A and B Block l of the Amended plat of Kirk'y Second Subdivision. The subject property is more commonly known as 1735 West Main Street. Mayor Hawks opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that, in con- junction with a major site plan review for the entire parcel, the applicant sought four de- viations to the interim zoning ordinance, as follows: 1. From Section 18.66.100 Si8nag* Design Requirements, to allow the applicant to erect and permanently maintain two (2) additional freestanding signs on the site for a total of four. z. From Section 18.65.100 Signagm Design Requirements, to maintain a total of 266.8 square feet of signage on the site. 3,, From Section 18,65.130 Permanent Signs-- Required, Allowed, and Prohibited, to allow the applicant to permanently maintain an 8-foot-high, m-sqw=r=—foot traffic directional sign. 4. From Section 18.50.100 Landscaping to allow the applicant to not landscape the median in the North 79th Avenue right-of-way. Planner Wall then reviewed the code requirements for each of these requested de- viations, as follows. (v) The code allows a total of two freestanding signs for this site; the applicant has requested four; (2) the code allows a total of 250 square fear of signsge for this oina/ the applicant has requested a total of 266.8 square feet; (3) the code a[|m°a a traffic directional sign to be 4 feet in height and a total of 4 square feet in area; the applicant has requested an 8-foot-high sign totaling so square feet in size; (u) the code requires the applicant to landscape the median; however, deferring this landscaping until the overall {-yu interchange project is undertaken is consistent with action taken recently on other applications in this immediate anaa, Planner Kevin Wall stated that under this major site plan application, Mr. Connell proposes to construct a second structure on a single parcel'. He noted that the new ms-zo-e1 - 31 - 1 structure is to be located in the northwest corner of the site and is to be the used car sales building. He stated that an additional uo display stalls and o park- ing stalls are also to be pro,moo. Planner *ax stated that since filing of the original application, the sigoago pack- age has been amended; therefore, the deviations have also been revised. He stated that one free-standing sign is to he eliminated, leaving throe remaining signs. Also, the re- moval of the one free-standing sign eliminates the deviation to exceed the allowable square footage, since those remaining do not mxommd the allowable a60 square feet. Planner Wall briefly reviewed the staff report for this application, noting that the subject use complies with the master plan and the zvmiog regulations, except for the re- quested deviations. He stated that both the Development Review Committee and the Design Review Board have reviewed the original application. He indicated that the DKD recom- mended denial of the deviations. The Planner stated that, following its public hearing on the application for a major site plan with deviations, the City-County Planning Board voted to recommend conditional approval of the major site plan with deviations, subject to seventeen conditions. He noted that during that hearing, concern was expressed obout the proposed sales building, and the lack of similarity to the existing structure on the site, i.e., the proposed rooMinc and the scale of the building. He noted that the conditions imposed on this approval address many of the concerns raised at the DRC meeting, which include issues such as easements, the |ncot/no of public utilities, and storm drainage issues. Responding to Mayor Hawks Planner Wall stated that one of the conditions for ap- proval of the ma/or site plan will automatically trigger landscaping *umpfkance with the do- sign objective plans, once they have been adopted. Mr. Jerry Gaston engineer representing the applicant, noted that the a had proposed to address only the West Main 5zrw*t frontage; however, the Commission directed him to bring back a plan for the entire site, including the used' car lot area which is to front on North 19th Avenue, Mr. Gaston then reviewed the revised sign portion of this application, as follows. He stated that' initially the applicant proposed to lower the existing Chevrolet/Buick and ueo signs add a Toyota sign which complies with the zone code, and allow the directional sign to remain as is. He stated that proposal has now been revised to include a new Toyota sign which will be 13.5 feet high and uz square feet in size, in compliance with the code because of the slope of the fand and the setback; n new Chevrolet/Buick sign in the same format as the existing one, which wilt be |a.s feet high and a total of 42 square feet in size; the existing o-hmt-h/gh 36-square-foot directional sign in its present location; and a new used car sign on North 19th Avenue which will be 42 square feet in size and - 32 - will meet the zone code requirements. He further indicated that the existing Geo sign is to be totally removed under this new revised proposal. Mr. Gaston stated that the size and location of the existing directional sign was discussed at length before the City-County Planning Board; and following that d'iscussion, it was determined that it should remain as is, since all other options seemed to create a more hazardous situation for pedestrians, bicyclists and motorists. Mr. Gaston briefly addressed the landscaping along North 19th Avenue, noting that installing it as part of an overall project will create a much better long-term appearance than installation of landscaping at this time which may not coordinate well with the new landscaping plan. He then stated that in the landscaping plan submitted, there are sever- al quaking aspen proposed; and he suggested that those located along the southwest cor- ner of the display lot fronting on North 19th Avenue be replaced with Norway maples. Mr. Jerry Gaston, then addressed the issue of the sales building, and the questions about its architectural compatibility with the existing structure. He requested that he be allowed to work with the Design Review Board on that issue, noting that he feels it would be appropriate to develop a structure which is compatible with the Spanish Peaks Brewery and the Exxon gas station, since it will be a small building located between those two structures. Mr. Pat Connell, applicant, stated that the directional sign, in its present location, is very valuable, particularly since there are two separate entrances into the dealership, without any internal circulation between the two. He indicated that the Toyota line will be located on one side, with its own driveway; and the Buick/ Chevrolet/ Geo lines will be carried on the other side of the lot. He then stated that the directional sign is one man- ufactured by General Motors and is part of a signage package. He also stated that he feels its size and location are extremely important, and it should be retained as is. Mr. Connell then addressed the design of the used car building, noting that he does not feel that flat roofs are practical because of the snow in Bozeman. He also stated that, since this building will be fronting on North 19th Avenue, at a substantial distance from the main building, he feels it is important for it to blend with the buildings on 'either side, which also front on North 19th Avenue, He also noted that the building will be located in an entryway corridor; and it should be compatible with the development within that corridor. Mr. Connell stated that during a conversation with General Motors representatives, they stated a willingness to fly to Bozeman and meet with the Commission regarding the signage issue; however, he noted he would rather work with the Commission to develop a signage and landscaping package that is acceptable to all. He then stated that General Motors has agreed to the installation of a smaller Buick/Chevrolet sign and the elimination 05-20-91 - 33 - of the Guo sign as a part of that package. Mr. Pat Connell stated that the drawing which depicts the Toyota sign is not accu- rato' because his will be the first dealership to receive the new Toyota sign' He then stated that he feels the landscaping plan is a good one; and he has installed a sprinkler system to ensure its attractiveness. Commissioner Swanson stated that the report from staff indicates that the applicanit is willing to replace all of the lights on the lot within five years. Mr. Connell confirmed his willingness to do so. He stated that he does not like the existing lights; however because of the financial outlay involved, he must make those changes on a phased bas/s. He suggested that he may be able to accomplish the conver- sion in three years; however, be requested that the rive-year period be retained to cover any unanticipated interruptions in that program. we then stated that the new |(Bhtv will be significantly lower and will be hooded; and it will match the lighting for the new used car portion of the lot. No one was present to speak in opposition to the requested application. Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission waive the customary one-week waiting period for land use decisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Gonhrung Commissioner Frost Commissioner Swanson and Mayor Hawks; those voting No none. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the major site plan requested by Connell Chevrolet/ Buick/ Geo/ Toyota for Lots I , A and B, Block I of the Amended plat of Kirkts Second Subdivision, with the following deviations: I , From Section 18.65.100 S/gnage Design Requirements, to allow the applicant to erect and permanently maintain one (1) additional free- standing sign on the site, for a total of three; z. From Section 18.65.130 Permanent Signs— Required, Allowed, and Prohibited, to allow the applicant to permanently maintain an 8-foot-high, 36-square-foot traffic directional sign; and a. From Section 18.50,100 Landscaping to allow the applicant to not landscape the median in the North 19th Avenue right-of-way. �. That the applicant shall provide an affidavit outlining the snow re- moval plan; 2. That the water stub from North 19th Avenue and the size of the wat- er main on North 19uh Avenue shall be illustrated correctly on the final site plan; x. That a meter pit shall be installed on the water service at the prop- erty line at North /yzh Avenue. This pit shall not be installed in the storm water detention pond; 4. That a manhole, constructed to City standards, will be required where the existing sewer connects to the se=ar main behind the But- trey's shopping center; 5. That all sewer easements, including those immediately nff-site, shall be illustrated on the [inel site plan; That the City shall not take ownership of the sewer line from the western-most manhole to the City main due to unknown environmental liabilities. The City shaU consider providing routine maintenance on the portion of the line acting as a main if a maintenance access ease- ment is provided by the owner; 7. That the following additional information regarding storm water treat- ment facilities must be included on the final site plan and approved by the City Engineering Office: A. Oil and sediment trap retention tank details (including In- let/outlet piping information), discharge (i.e., orifice) cal- culations and hydraulic relationship with the detention ba- sins, B. Typical slope and cross section of the drainage and valley gutters; and C. Detention pond typical cross omtkm, u|astk*s inlet/outlet details and pond dimensions; That applicant's professional engineer shall certify the design, the construction in accordance with the design, and the maintenance plan for a system designed to remove solids, oils, greases and other pollu- tants from the surface/storm waters draining from the applicant's property into the Farmer's Canal so as to enable the City to comply with all federal ia*o and regulations and especially, but not limited u/ the Clean Water Act and Part 122 of «o C.F.R. regulating the discharge of surface/storm waters. The applicant must maintain the quality of water at the applicant's point of discharge into the Farm- er's Canal as the quality of water exists at the upstream monitoring point established by the City at the location where the Farmer's Canal enters the City of Bozeman. When federal requirements regulating the discharge of surface waters become effective the applicant must meet either the federal standards or maintain the quality of water at its discharge point as that water quality exists at the upstream moni- toring point, whichever provides the best water quality. In addition, the applicant shall not allow the flow rate of the surface water discharging from his property to exceed the historic rat, of flow for a ten ({n} year storm. The applicant must also maintain said system in accordance with the certified plan therefore and shall monitor the water quality at the ap- plicant's point of discharge into the Farmer's Canal for the purpose of comparing and maintaining the quality of the discharge water with that of the water quality at the upstream monitoring site or with the federal rmquirements, whichever is more stringent; y. That the new car display lot and parking area shall be paved, curbed, and marked to reflect the 10- by 20-foot display stalls proposed; }u. That the plan symbols on the final site plan shall clearly distinguish the co]uraup spruce and green ash from one another. The final landscape plan shall be certified by a licensed landscape architect or Montana nurseryman. The final landscape plan shall be sent to the Montana Department of Highways and City Park Superintendent for 11. That the applicant must supply at least one hydrant supplying n mini- mum of z gallons per minute on an 8-Inch minimum distribution line. Water may be supplied from the 8-inch main behind or west of the Buttnay shopping center. This hydrant is to be located in the central corm area of the site. The applicant must maintain a minimum 20-foot-wide fire apparatus access around the fire hydrant; us-m-91 - 35 - 12. That any additions or alterations to the remainder of the site/facility outside of the artificial iota created for this application shall require another major site plan application; D. That the final design of the proposed sales building shall be subject to the Design Review Board's approval; 14. That the required landscaping in the rights-of-way adjacent to the applicant's property shall be installed in accordance with the design objective plans after said plans have been adopted; 15. That sign permits shall be obtained from the City Building Department prior to the erection of the proposed signs; 16. That a building permit must he obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is approved; 17. That existing lighting on the subject parcel be changed to be the same as that installed on the new used car lot over a period not to exceed five (6) years from the date of approval; 18^ That the quaking aspens located along the southwest corner of the display lot fronting on North 19th Avenue be replaced with Norway maples; 19' That if improvements are not installed prior to final site plan ap- proval the applicant shall enter into an Improvements Agreement with the City. Detailed cost estimates, conmtrurtion p|aou and methods of security shall be made a part of that agreement; and zo. That if occupancy of the structure or improvements or commencement of use is to occur prior to the installation of improvements, the Im- provements Agreement moat be secured by a method of security equal to one and one-half (1 112) times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of securi- ty shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall he completed by the applicant within nine (9) months of occupancy to avoid default on the method of The motion carried by the following Aye and No vote: those voting Aye being Commission- er Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Break - 8:45 to o:ss o.m. Mayor Hawks declared a break from 8:45 p.m. to 8:55 p.m., in accordance with Commission policy established at their regular meeting of March /*' 1983. Public hnarip Conditional U Permit R P Eva Mae and William L Mal High to develop portions of an 18-hole golf course on propert located in the S1, Section 32 and W Section 33, T2S, R6E and the NW4, Section 4, T3S, R6E, MPM (east of Sourdough, approximately one mile south of Goldenstein Lane) This was the time and the place set for the public hearing on a Conditional Use Permit requested by R.P. Myers, Eva Mao Myers and William L Myers to allow High Ridge Estates of Montana to develop portions of an 18-hole golf course on property located in the South one-half or Section 32 and the West ene-quarter of Section z». Township 2 South Range 6 East and the Northwest one-quarter of Section 4 Township a South Range 0 East, Montana Principal Meridian. The subject site is more commonly located east of O5-2n-y1 -x7- second time ba[vrc the Commission on this application. He therefore, asked the Commis- sion to recall the testimony which had been submitted at the previous public hearing, rather than repeating that informabon. He then highlighted the written testimony he had submitted' as summarized below. Mr. Lilly concurred that this is the yocvnu application submitted for the same proj- ect; however, he noted there have been a number of revisions. He reminded the Commis- sion that this public hearing is on the four holes or the 18-hole golf course which fie in the City's jurisdictional area. He stated there is no intent to subdivide that portion of the property which lies within the City's jurisdictiomal area until such time as the remainder of the site has been developed and the need for the additional subdividing can be demon- stratvd. Mr. U|/y reminded the Commission that the Planning staff had recommended a "do not pass" on the first application; however, on this application they have recommended ap- proval subject to a number of 000uiuovs. He stated that for the most part' the applicant has no problem with those recommended conditions, with some minor exceptions. Mr. Mike Li/|y recognized that it is practically impossible to consider only four holes of an 18-ho|m golf course. He noted that the subject course, which is to cover 176 acres will be developed under a new concept where only the too boxes, typical landing areas on the fairway and the greens are irrigated. He noted, therefore that approximately 35 to 40 of the 176 acres will be irrigated, which dramatically reduces the amount of water required for that activity. He then stated that this type of operation is auccessfu(, with more courses throughout the United States and the world being constructed in this manner. mr. Lilly stated that the maintenance shop building will be located within the City's jurisdictional arca, He noted that the building will be constructed as a first-class building with appropriate aiding even though it is just for maintenance purposes; and it will be aesthetically pleasing. Mr. Lilly noted that several concerns have been expressed about water. He re- minded the Commission that those issues will be resolved in the State of Montana Depart- ment of Natural Resources and Conservation, Water Quality Bureau, and the State or Montana Water Courts. He stated the City Commission and the Planning Board do not have the expertise or the information necessary to act upon water issues, which are extremely complex. He further noted that' with the conditions imposed by the County Commission on the subdivision application, the water issues are to be resolved through the appropriate State agencies. Mr. Mike Lilly then suggested that Condition Nos. 4 9 and 11 as recommended by the Planning staff, need to be slightly revised. He noted that Mo. 4 should be revised to require an environmental impact statement only if the Water Quality Bureau so indicates; 05-28-y1 -3n- and that the time frames listed in Nos. 9 and 11 be revised from eighteen months to coin- cide with the County's timelines. Mr. U||y stated that the applicant is now prepared to dh|f some deep wells to pro- vide adequate irrigation water if Limestone Creek dvue not generate sufficient water. He noted this represents a significant change from the previous application. He then indicat- ed that water rights on Limestone Creek are currently being adjudicated through the Water Courts, however, it is not known when the decision will be made. He opted that this type of decision is based on historic use; and the Triple Tree Ranch has used s cubic feet per second from Limestone creek to irrigate 160 acres by flood irrigation for several years. He stated that Triple Tree Ranch has filed an application on that basis citing priority rights dated 1886. He noted that one valid objection has been O|od to date/ and that is to suggest that only 120 acres are being irrigated. Mr. Lilly stated that flood irrigation is much less efficient than sprinkler systems; and the proposed 35 to uo acres of irrigated land is substantially (mss than the <Zo acres listed in the filed objection. He further noted that turf grass requires less water than alfalfa does. Mr. uUv stated that the applicant must g" through the appropriate State approval process before any deep *oOs may be drilled. He ooQgestmd therefore, that any potential adverse effect on surrounding properties will be carefully considered before any approval is granted. Mr. Mike Lilly then addressed the issue of traffic. He stated that Sourdough Road definitely does have problems; and the addition of the proposed golf course will exacerbate those problems. He noted that the Commission must decide if it views this application as an opportunity to gain some improvements, or whether it wishes to postpone decisions until after studies have been completed. He reminded the Commission that the Gallatin County Commission has approved the overall subdivi,k/n, subject to 32 conditions; and one of those is to require improvements to Sourdough Road. He noted those improvements include paving of Sourdough Road from the southern end of the Triple Tree Ranch to 6oNenstein Lane, and widening of Go|denateio Lane to Kagy 8ow|m,ord. He stated those improvements will cost hundreds of thousands of dollars; and they most be completed before any on-site work is starz*d. He stated that if the City Commission denies this application, that vppor- tumity to gain road improvements could be lost. Mr. Lilly then conceded that a transportation study is important and needed; how- ever, he noted it seems that process is no further than it was when the previous applica- tion was considered six months oU°. He then questioned whether it is appropriate to hold up all development in the southeast sector of the jurisdictional area until that study has been completed. He then indicated that if the Commission approves this application, the 85-2o-e1 -3y- traffic impacts will not be felt for quite some tine particularly since the County Commis- sion has allowed three years for completion of the golf course; and it will take two years to complete that project properly. Mr. Li/!y then reminded the Commission that its consideration of traffic must be lim- ited to that generated by the golf course; and those impacts will be r=|t only between may 1 and October 1 each year' He further noted that those impacts will be spread throughout the day' rather than creating significant additions during peak hours of traffic. He stat- ed that the applicant has estimated llVO vehicle trips on a peak day; the City staff has projected uzx trips; and Valley View golf course encountered a peak day of ozs gn/fcrs, or approximately 650 wahio|o trips, on its peak day in 1990. He then suggested that those impacts may be even lower at High Ridge Estates, since he estimates that one-half of the users will be residents of that subdivision. Mr. Lilly stated that concerns have been expressed about the impacts which traffic may have on South Church Avenue north of Kagy Boulevard; bowever, he characterized those projected impacts as "relatively insignificant," noting that most of the traffic wilt utilize Kagy Boulevard or Highland Boulevard. Mayo, Hawks stated appreciation for the recognition that it is virtually impossible to consider only four holes of a golf course. He questioned, however, how the Commission can adequately address the golf course without also considering the attendant residential development, since that is ultimately what causes the major impacts. Mr. u||y noted that logically, that is true. He noted, however, that the County Commission has already approved the subdivision and the 18-ho/e golf course; and they have sole review authority over those items within the planning jurisdictional area' Responding to Mayor Hawks, Mr. Lilly stated he feels it is necessary for the appli- cant to have some assurance from the local governing body for approval before making ap- plication to State agencies. He noted that until that local approval has been received, the applicant has nothing with which to apply to the various State agencies. Responding 10 Commissioner Frost Mr. Lilly indicated' that a majority of the traffic w(/| go down Sourdough Road to Kagy Boulevard, and along Kagy to South Willson Avenue. He recognized that such traffic will impact the city streets; however, he noted it w ill be diffused and will not dramatically impact any one street. He also questioned how far from the development traffic impacts can be quantified. Responding to Commissioner Swanson, Mr' Lilly indicated that Morrison-Ma!ier2e/ CS3A has conducted a traffic study for this project; and Gaston Engineering has completed a traffic study in the southeast sector for the County. He stated those reports reflect that a majority of the traffic will utilize Kagy Boulevard. Commissioner Swanson asked if 'here are any studies which reflect that golfers have 05-z0-9| - vO - a tendency to car pool better than other Srvwws of p*vple. Mr. 0|y responded that for the most part' golfers tend to drive by themselves. Commissioner Swanson stated he does not /em( that a 2-foot-wide grave/ shoulder will provide adequate safety for pedestrians. Mr. U/|y responded that the County Road Superintendent felt it was adequate. Commissioner Swanson noted that the wildlife issues were not addressed during the public input portion of the public hearing before the Planning Board's public hearing. Mr. u||y responded he feels that the conditions imposed by the County will adequately mitigate those impacts. Further responding to Commissioner Swanson, Mr. U||y stated that improvements to Sourdough Road must be completed to the County's satisfaction before the applicant can make any improvements to the golf course or the subdivision. Mr. Jack Srhunke Morrison-Maier|e/CSSA consulting engineer representing the ap- plicant, further addressed the water issues. He showed charts on how much water is needed to provide adequate irrigation for the golf course, based on 40 acres of irrigated land. He stated that 1.26 inches of water is needed per *cuh for turf grasses, which converts to 185 gallons, or ,y cubic feet per second flow, per day. He stated that if deep wells were utilized, he projects that three ==||s totalling 135-gaUons-per-minute flow would be needed for irrigating purposes, He noted that translates to o percent of the to- tal water required to f/pwu irrigate 120 to lou acres. Responding to Commissioner Swanson, Mr. Schunkc stated that the typo of golf course proposed for this location is the same as that utilized in areas where water conser- vation is promoted. Ms. Leanne Schraudnnr attorney, addressed the issue of water rights, noting it is a highly technical area of taw. She noted that it will take several years to adjudicate all of the zun water rights claims which have been made in, the State; however, she suggested that the outcome of the application for these water rights can be closely pre- dicted. She noted that Mr, Myers has filed claims on adequate water to flood irrigate 160 acres; and the only legal objection filed to date is To suggest that only 120 acres are being flood irrigated. She stated that is the only issue upon which the Water Court may ac,; and she expects it to be resolved as early as next month. Ms. schraudner then showed the Commission several plats and pictures depicting the area and Limestone Creek, She noted that irrigation from Limestone Creek at this lo- cation will not impact Eagle Rock Reserve, since it gains its water from the cast fork; and the Myers property is served by the middle fork and the west fork. Me- Svhraodoer noted that Mr. 3c»an|ow has 1932 water rights for stnokwatar pur- poses, and his property is located above the subject property. She also noted that any os-aw-o1 -v1- water right, owned by Sourdough Creek Properties are of lower priority than the Myers rights. She stated, therefore, that Mr. Myers could take every drop of water from the creek; and there is nothing that any of the property owners, the Commission or the Dis- trict Court could up about it. Ms. schrnvdner stated that to change the proposed use will require filing an a»p| cation with the Department of Natural Resources and Conservation. which is a highly tech- nical process and open to the public. She noted that the Department will carefully review the application, determining whether it will have any adverse impacts on other water users prior to making a decision. Ms. Leanne 3chraud'ner then addressed the issue of water availability through drill- ing of w=|/s noting that application mug also be wade to the DmRc for the drilling or those wd|s. She noted that the DNRC review is thorough and ensures that the new wells will not adversely impact those in the surrounding area with existing we/|o. Responding to Mayor Hawks Ms. Schraudonr stated that changes passed by the 1991 Legislature pertained to leasing of water and not to |nstrcam flows. Responding to Commissioner Knapp' Ms. Schraudner stated that the Department of Natural Resources and Conservation will make all decisions concerning the potential impact that wd|a for both the subdivision and the golf course may have on the subject area. She stated that the aggregate impact will be considered, as well as the impact of each indivi- dual well. She then noted that Montana Power Company typically files objections to any surface or groundwater applications filed, although they may later withdraw those objec- tions if determined appropriate. Mr. Jack Schuuke Morrison+waicr|u/C3SA then briefly addressed the transporta- tion and traffic issues. He stated that the applicant's representatives have spent a considerable amount of time meeting with the County Road Superintendent and developing a proposal for road improvements which is satisfactory. He noted that the applicant is to widen the roadway from its currant 20- to 22-foot-wide paved surface to a 24-foot-wide paved surface with two-foot-wide shoulders. He noted that, given the narrowness of the roadway, that is a substantial increase in width. Mr. Schunkc stated that a review of records at the Courthouse reveals that there is a 66-foot-wide right-of-way for Sourdough Road although he recognized there are several obstacles in that right-of-way which must be addressed during widening of the roadbed. Mr. Schunxe stated that these roadway improvements will also address the problems currently being incurred from deterioration and cracking of the existing paving and drain- age problems. He noted that the developer will bear all of those costs; and those using the roadway will realize the benefit without being required to participate in e rural im- provement district. Mr. Terry schap|mw szoz Davis Lane, indicated he is the attorney representing Sourdough Protective Association Inc., which has over /ZV members. He stated opposition to the application for several reasons. Mr' Schap|vw noted that Manner Skelton indicated that this application is funda- mentally identical to the previous application, which the Commission denied last fall. He noted the applicant's representatives have suggested this application is different; and that the staff has recommended approval of this application, as opposed to the do not pass rec- ommendation for the first application. Mr. Schup|ow then reminded the Commission that the Planning Board had this same staff report; however, they did not ro||vw that rec- ommendation and, on a s to z vote recommended a do not pass. He then encouraged the Commission to follow that recommendation. Mr. Schaptow noted that the Commission has heard from the applicant's representa- tives bow little power they have in reviewing and approving this application. He urged the Commission, however to carefully review and consider the items contained in the staff report, including the criteria for review. Mr. Terry Schaplv° then reviewed the history of drilling we//s on specific prop erties in that immediate area, noting that none of them provide the 45 gallons per minute which is anticipated by the applicant. Mr' Svhaplow noted that in tonight's newspaper, therm is an advertisement for pub- lic hearings on another 18-hole golf course. He noted there are three existing golf courses, and now a potential for two more. He then questioned how many golf courses this area can adequately support, allowing them to remain viable. Mr' Schap|nw then urged the Commission to accept the recommendation of the Plan- ning Board and deny this application. Mr. Jack Beckman, rx Hitching pvat Road, stated he was present at the previous public hearing to express his opposition, and is once again present. He stated concur- rence with the concerns raised by Mr. Schap|o=. He also expressed concern about the traffic issues and the proposed road improvomauts. He noted that one of the proposed conditions includes requiring the applicant to sign a waiver of protest for the creation of a rural improvement district; and he suggested that with the condition, the applicant would not be required to totally fund the improvements to Sourdough Road. He stated he agrees with the fact that Sourdough Road needs improvement; howev=r, he stated he does not see whore the applicant is required to bear thus* cos/s, without participation by other resi- dents in that area. He suggested that if this application is approved, the language in the conditions should specifically state what improvements are required the funding source, and the timeline, Mrs. Donna Dcmetriauop 147 Hitching Post Road, submitted to the Commission a 05-2o-o1 -4s- letter from Ms. Marjorie Fowlkeo o Gardner Park Drive. dated May zy. 1991 stating op- position to the proposed golf course. She then noted there is actually a sixth potential golf course in the mill, that being located near Br/d0or Bowl. She then reminded the Commission of the petition of opposition, signed by 769 residents of the community and surrounding area, which she had submitted in October 1990 for the previous application, and submitted a copy of that petition to the Commission as a part of the proceedings for this application. She noted that of those signing the petition, 349 live in the immediate area of the proposed golf course and would be definitely affected by the prNect. She stated that the county Commission disregarded this petition when making its decision, and encouraged the City Commission to carefully consider it when making their decision. Mrs, Judy Wilkes, 9354 Nash Road, submitted a letter of opposition to the Commis- sinn dated May Zm 1991, She stated that this project mmuW have adverse effects on the residents of the immediate area, the City and the Counzy. She noted that this application cannot be adequately considered without including the entire proposed development. She suggested that the water and sewer requirements could draw down the water supply in the immediate area, as well as create o potential for contamination to the groundwater. Mrs- Wilkes then expressed concern about the traffic impacts that this proposal will have, particular(y on Sourdough Road, as well as on specific city services, such as police and fire protection. She suggested that approval of this project could result in some of the required improvements being made, and then the project being abandoned. She ex- pressed concern that in such an event, the residents of that area, and the entire com- munity, would be required to pay the bills. She stated that this project would have an adverse impact on the quality of life she now enjoys, and encouraged Commission denial of the application. Ms. Denise Hayman 120 Sourdough Ridge Road noted that many of the residents in that immediate area use Sourdough Road and South Church Avenue to enter the city, She then reminded the Commission that' not only will a golf course be invu|ved, but addi- tional facilities as well, such as, a restaurant and lounge, and possibly a health room and swimming pool; and those facilities will generate even more traffic. She noted that chil- dren use Sourdough Road and, even though they are transported by busses, there is still the potential for conflict with vehicles. She stated that' even though traffic studies have been completed in conjunction with this project, tonight is the first time any discussion has ever token place on the vebid*/bicyc(e/pedmstriao conflicts which can occur on a nar- row roadway. Ms. Hayman then expressed concern about the fact that, even if this application is approved now, the residents of that area may not know the impacts it will create for » period of three years. She encouraged the Commission to consider the application in light -4w- oftoday's circumstances rather than what they might potentially be in three years. She further requested Commission uwniar of the application, Mr. Anthony orm=triades lvr Hitching Post Road, stated that he uses Gn|dwnstein Lane, Sourdough Road and South Church Avenue on a daily basis; and he is familiar with the problems of those roadways. No noted the problems with Sourdough Road, which in- clude potholes, pedestrians, bicyclists, children and dogs. He stated that, given the character of the area and existing residential improvements, be does not believe that any substantial improvements can be mud* to Sourdough Road; and he does not feel the appli- cant would he willing to absorb the costs of such improvements. He then noted that a comprehensive transportation plan for the City is currently in the process, arid encouraged the Commission to uxko that into consideration, with the possibility of delaying any action until that has been received. Mr. Dem=tr|ades then questioned whether this golf course is to be public or pri- vate. He further noted that the applicant's representatives have suggested that the ap- provals from the State agencies not he sought hwfnra local approval is granted because of the costs involved. Mr. Dematriades then stated the Commission has a |mSa] right to make m decision on this appUr"§mm' taking into consideration aN of the concerns and issues involved, and en- couraged Commission denial. Mr. Jim Vernon, 1008 South Church Avenue stated that traffic on South Church is had particularly during the summer when there are bicyclists and joggers on the narrow street in addition on vehicles. He noted that the roadway cannot handle 100 more vehicle trips per day and encouraged the Commission to take that into consideration when making its decis!vn, Ms. Heidi Klein, 9190 Sky Ridge Drive, stated there is no need for this golf course mn|ena the subdivision g^oy /n/ and that will dramatically compound the impacts on that area. She stated that when she goes to town, she uses Sourdough Road or Nash Road and South lotb Avenue depending an whore she is going. She noted, therefore, that roadways other than those previously discussed will be impacted by this project. She also noted that, given the constraints along the sides of Sourdough Road, it cannot be ade- quately widened to accommodate the additional traffic. Ms. Klein then expressed concern about the slope from the proposed g^/r course, noting that it nmu|u drain into Limestone Creek. She than questioned how the pesticides and herbicides used on the golf course might impact those downstream from the project. She further expressed concern that dbuso portions of the golf course which are not irri- gated will become extremely dry in August and September; and that could create a real fire danger. O5-zo-gl - 45 - Mrs. Carol Beckman, 78 Hitching post Road, stated her concerns have already been addressed; however, she emphasized the water issues. She stated that as Limestone Creek passes their property' it is completely dry by the first week of July. She also expressed concern about the pesticides which will be used on the golf course, and the proposed roadway improvements to Sourdough Road. Mrs. Madeline Va|gent/' 15 Gardner Park Ur/°e stated support for Mr. 3chap(ow's comments. She then encouraged the Commission to delay its decision until the studies nec- essary to adequately address the impacts of this proposed development have been com- pleted, Mr' Martin 3chap|vw o*nx Nash Road, stated his property abuts the subject site. He then expressed his concern about water particularly since his water rights are newer than the Triple Tree Ranch water rights. He rboo noted that the golf course will create additional traffic on weekends as well as on weekdays. Mr- Orvi/ Morris 6430 Fox Trotter Lane raised a question about the impacts this project may have on residential wells, noting that such impacts cannot always be accurately predicted. He then encouraged the Commission to consider those residents who live in the valley on a year-round basis when making their decision on this application. Mr. Terry Schap/ow concurred in the concern previously raised about how dry those portions of the golf course not irrigated will become in the lute summer. He then noted that in reality, a substantial amount of the traffic using Sourdough Rood use, South Church Avenue as nw||. He also summarized the issue of how many pedestrians and bicyclists will actually use the gravel shoulders which are proposed, and whether they will wco,a||y alleviate the existing conflicts. He then stated that Sourdough Road is over cap- acity and cannot absorb the projected additional 1100 vehicle trips per day' Mr. 5chap|nw stated that the issue of wildlife was raised by one of the Planning Board members; amd it was also mentioned in the staff report. Mr. 3cbap|ow stated that the water issue is also extremely important. He then sug- gested that the pictures submitted to the Commission were taken recently, at maximum stream flow; and the water is much lower in July and August. Mr. 3chap|ow then reminded the Commission of their responsibility to maintain the general health, safety and welfare of the community, suggesting that has not been accom- plished for this application. He stated that he does not believe that the applicant has adequately addressed the six review criteria and encouraged Commission denial of this ap- plication. Mr. Mike Lilly provided brief rebuttal to some of the issues raised in this testi- mony. He stated that the County Commission has required that a central mater system he installed for the subdivision, unless the Department of Health and Environmental Sciences - vn - determines that is not necessary. He also noted that the county has required that the applicant submit a plan for use or pesticides and herbicides. Mr' Lilly stated that the applicant has attempted to address all concerns which have been raised by various individuals; and he wishes to cooperate with the City and the County in establishing a first-class development. Mr. Lilly then outlined the options available to the applicant if this application is denied. He stated that he could give op and go away; but that will not happen because he wishes to go forward with this development. The second option would be to redesign the golf course so that it lies entirely in the County's jurisdiction, which will remove any City review authority. A third option would be on subdivide the entire oun-aora parcel into 20-acre tracts which would eliminate the need to address any of the conditions which have been imposed by the County, including improvements to Sourdough Road at no ex- pense to the abutting property owners. He stated that if this application is denied, the applicant would have a fourth option; and that would be to proceed through the court sys- tem based an the fact that denial would in effect declare a defactn moratorium' and pos- sibly on the taut that the decision is arbitrary and capricious. Mr. Chuck Burgos 104 East Main Street, stated he is speaking neither is support of or in opposition to the application. He stated that at the Planning Board meeting, the Board was unable to forward a formal recommendation because it lacked the required six votes. He then noted that the Planning Board mu not discuss the wildlife issues; how- ever, he suggested that could have been a lively discussion. Responding to Mayor Hawks two of the Commissioners indicated they have not re- ceived copies of the transportation plan for the southeast sector. Ho then suggested that the public hearing be continued to provide adequate time to consider additional informa- tion. He also suggested that a formal presentation by the County on the southeast sector transportation study prior to closing of the public hearing would be beneficial. Commissioner Swanson noted that the staff report suggests that impacts on wildlife would be minimal. He then requested that the Commission be provided copies of the AASHTo guidelines regarding road design for both pedestrians and vehicles. Mayor Hawks continued the public hearing to 7:00 p.m. on Monday, June a ' 1991. Adjournment - 11:20 p.m. There being no further business to come before the Commission at this time it was moved by Commissioner Knapp, seconded by Commissioner Covhruog that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Goehrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No non*, os-2u-y1