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HomeMy WebLinkAbout1991-09-03 Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 3, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 3, 1991 , at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki (for the afternoon session) , Assistant City Manager Brey (for the evening session) , City Attorney Becker 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. Minutes Mayor Hawks deferred action on the minutes of the regular meetings of August 19 and August 26, 1991 for a period of one week. Request for permission to hold street dance - North Bozeman Avenue between East Main Street and East Mendenhall Street - Friday, September 20, 6:00 P.M. to midnight - ASMSU City Manager Wysocki submitted to the Commission a letter from the MSU Marketing Association and ASMSU, dated August 22, 1991 , requesting permission to conduct a street dance on North Bozeman Avenue between East Main Street and East Mendenhall Street on Friday, September 20, between the hours of 6:00 p.m. and midnight. He then submitted to the Commission a memo from Chief of Police Dick Boyer, dated August 27, raising sev- eral concerns about the request and stating opposition to the event. Mr. John Bilderback, President of the MSU Marketing Association, stated that ASMSU and the MSU Marketing Association are both non-profit organizations. He then stated that he has reviewed the Chief's memo and wishes to respond to some of the issues raised. He noted that the open container ordinance is waived for Sweet Pea and the Taste of Bozeman, although he acknowledged it is not waived for the Christmas Stroll. He then stated that it is not contemplated that either the Rocking R or the Crystal Bar would be catering this event, rather the Association is requesting that the open container ordinance be waived so that those individuals wishing may carry a drink from one of those bars to the street dance. He noted no problem with paying the costs of two uniformed police officers for the event, noting that they will help to ensure that this is an orderly event. Commissioner Swanson noted that the Chief of Police has recommended that there be no alcohol at this activity, asking if that would substantially change the character of the event. 09-03-91 - z - Mr. Bilderback responded it would not create any problems if the open container ordinance were not waived, as long as the dance is allowed on North Bozeman Avenue. He noted that those of legal drinking age can go into the bars and have their drinks, then return to the dance as they wish. City Manager Wysocki asked if the possibility of selling tickets prior to the event has been considered. Mr. Bilderback responded that is a possibility. He then noted that there will be three security people working the gates to the event; and they will be stamping the hands of those who have paid. Further responding to the City Manager, Mr. Bilderback stated they would prefer not to hold the dance on North Black Avenue. He stated, rather, they would like to have the dance in a location where people can walk out of the bar and dance. He further noted that the bars are needed for the success of this event, particularly since they are paying part of the costs of the bands for the event. Chief of Police Dick Boyer stated he has problems with closing the street for a street dance on North Bozeman Avenue, in part because of the problems which have been incurred with bar traffic exiting the alleys onto the street. He cited a recent incident when the street was closed for movie filming, in which a police officer was nearly run over. He then stated that, based on safety of the general public, he would recommend against allowing a street dance to be conducted on North Bozeman Avenue. He noted that the dance held in conjunction with the Christmas Stroll, which was held on North Black Avenue, was quite successful. Responding to Commissioner Knapp, the Chief stated that if there is a charge for admission, then he feels that a public thoroughfare is being used to gain a profit. Responding to Commissioner Swanson, the Chief stated he would be more comfort- able with the event if the open container ordinance were not waived, noting that anyone caught with an open container would then be subject to a fine under the City code. He then stated that, even if the subject organizations are non-profit, someone will make a profit from taking money for the event. Commissioner Swanson asked if there is any difference between selling tickets for this dance and the dance at the Christmas Stroll, where people purchase buttons to attend the activities. The Chief responded he feels there is. He noted that the buttons for the Christ- mas Stroll, which is a widely attended community event with many different activities, are sold well ahead of the event at many locations. He further indicated that the Christmas Stroll is designed for families and children of all ages, while this event is targeted to a specific age group. 09-03-91 - 3 Ms. Joye Kohl, Gallatin County Prevention Coalition, noted that a substantial por- tion of the student population at MSU is under 21 . She then urged the Commission to not waive the open container ordinance for this event, noting that to waive it serves to send a mixed signal to the young people in the community. She stated that she does not oppose the street dance; however, she is concerned about the potential waiving of the open con- tainer ordinance. Commissioner Frost asked what would happen if someone came to the dance after ob- viously drinking too much. Mr. Bilderback responded that it is the security guards' responsibility to make sure that someone who is obviously drunk is removed from the area. He noted that if problems were incurred, the uniformed police officers would be present to assist. He stated that the Association has conducted various activities at the Cat's Paw in the past; and they utilize bouncers at those events as well. He then acknowledged that a fight always oc- curs; and the bouncers break them up and send the offenders away. Mr. Jeff Wagiman, Vice President of Fund Raising for the MSU Marketing Asso- ciation, stated they are not trying to promote alcohol, rather they are trying to promote an interaction between the MSU students and the businesses and residents of Bozeman. He noted that the MSU students spend close to $10 million in the Bozeman area in a year; however, it seems that MSU is starting to become a separate entity from the rest of the community, and that is a trend he is hoping to change through activities such as this. He then stated that after paying all expenses, the Association will not be making a profit from the event. He further noted that if any monies were left over, the Association would ap- ply them toward purchase of a computer for promotional activities. Mayor Hawks acknowledged the need to cement a good relationship between MSU students and the community, noting that community events is the way to accomplish that. He then briefly highlighted the issues that have surfaced surrounding this request, which include waiving of the open container ordinance, provision for two uniformed police offi- cers, the sale of tickets and the location of the dance. Commissioner Goehrung raised the issue of noise. He stated that he received tele- phone calls from two residents near Bogert Park who were disturbed by the concert which recently lasted until 10:00 p.m. He expressed concern that this dance is proposed to last until midnight; and, while the proposed location is somewhat removed from residential ar- eas, it is possible for the noise to carry up and down the streets. Commissioner Swanson stated he feels that an event which involves both MSU stu- dents and Bozeman residents is a great idea; however, he does not support this format. He expressed concern that waiving of the open container ordinance would lead to abuse of alcohol to a fairly high degree. He also expressed concern that profit would be derived 09-03-91 - 4 - from use of a public street, which would result in a breach of the law. He then stated that, while he supports the concept and the attempt, he cannot support this proposal. Commissioner Frost stated his main concerns center around alcohol and noise. He stated that not waiving the open container ordinance and moving the dance to North Black Avenue would address the alcohol issue. He noted, however, that the area is not set up acoustically for this type of event; and the noise would probably carry. Mayor Hawks stated he feels that Friday night carries with it some exceptions on hours and noise levels. He then stated an interest in the City's bending to accommodate interaction between the community and MSU students. He noted support for relocating the dance to North Black Avenue and for keeping alcohol off the streets. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission table action on this request for a period of one week to allow the applicants a chance to revise their request in response to the concerns raised. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Goehrung and Com- missioner Frost; those voting No being Commissioner Swanson, Commissioner Knapp and Mayor Hawks. It was moved by Commissioner Frost that the Commission approve the request sub- mitted by ASMSU and the MSU Marketing Association for permission to conduct a street dance on Friday, September 20, with the dance to be held on North Black Avenue and no waiver to the open container ordinance, and the applicants to pay the costs of two uni- formed police officers. The motion died for lack of a second. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission deny the request from ASMSU and the MSU Marketing Association for permis- sion to conduct a street dance on North Bozeman Avenue between East Main Street and East Mendenhall Street on Friday, September 20. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Com- missioner Goehrung and Commissioner Frost; those voting No being Mayor Hawks. Decision - Conditional Use Permit - R.P. , Eva and William L. Myers - allow High Ridge Es- tates of Montana to develop portions of an 18-hole golf course on property located in the S1, Section 32 and WJ, 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 place set for the decision on the Conditional Use Permit re- quested by R.P. Myers, Eva Mae 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 of Section 32 and the west one-half of Section 33, Township 2 South, Range 6 East, and the northwest one-quarter of Section 4, Township 3 South, Range 6 East, Mon- tana Principal Meridian. The subject property is more commonly located east of Sourdough 09-03-91 - 5 - Road, approximately one mile south of Goldenstein Lane. The City Manager reminded the Commission that on May 20, they opened and con- ducted the public hearing on this requested conditional use permit, concluding that public hearing on June 3. He noted that at that time, the Commission directed staff to review the issue, and attempt to develop a plan for a possible alternative roadway to the proposed development. He stated that, as a result of reviewing the public testimony received, staff has proposed some modifications to some of the recommended conditions for approval, as forwarded in the memo from the Planning staff dated August 29, 1991 . Associate Planner Dave Skelton reviewed the proposed modifications to Condition Nos. 4, 9, 11 , 12, and 21 , as contained in the original staff report, as follows. No. 4. The Planner noted that the revision to this condition will provide for a Wa- ter Quality Bureau determination on how detailed the environmental assessment and the en- vironmental impact statement must be. It does, however, still allow for the applicant to submit the necessary data to the State following final site plan approval but prior to con- struction of the golf course. He noted that the State departments desire local approval before application is made to them; and this accommodates that desire. No. 9. The Planner stated that, at the applicant's request, staff is proposing a revision to extend the time for installation of improvements to Sourdough Road to 36 months, to coincide with the time frame contained in the County Commission's approval of the preliminary plat. He noted that approvals are typically for an 18-month period; how- ever, staff feels it is appropriate to extend the time frame in this instance to remain con- sistent with previous actions by other governmental bodies. No. 11 . The Planner stated that the time frame for the installation of these im- provements was extended to 36 months, also to remain consistent with County Commission action. No. 12. The Planner stated that the original intent of this condition was to require review and approval from the Montana Bureau of Mines and Geology as well as the Water Rights Bureau and the Water Quality Bureau for the on-site irrigation plan. He noted that it has been determined that the Montana Bureau of Mines and Geology does not have this type of authority; therefore, this condition has been revised to make their response an advisory recommendation. No. 21 . The Planner stated that this condition is missing some wording, and should read as follows toward the end. ". . .and issuance of a building permit for any public building affiliated with the 18-hole golf course." He then noted that this is a new condition, added to make the developer responsible for construction of a new primary road system, rather than further impacting the existing road system. He then stated that the maintenance shed is the only building located within the four holes of the golf course 09-03-91 - 6 - located in the City's jurisdictional area; and it does not qualify as a public building. Commissioner Frost asked which road would be used more if one paved and one unpaved road led to the same golf course. Associate Planner Skelton stated it is not so much the condition of the road, but the time it takes to get from Point A to Point B that is the determining factor on which road an individual will use. He then stated that if the issue is strictly one of surfacing, people will tend to use a paved surface rather than an unpaved surface. Responding to Commissioner Knapp, the Planner reviewed the provisions of the revised Condition No. 4. He noted that under this condition, the Water Quality Bureau will make a determination of whether a detailed environmental assessment and environmental impact statement are necessary prior to final site plan approval. Commissioner Swanson suggested that Condition No. 21 be revised to stipulate, "That a new primary road system, designed with the intention of being the main ingress and egress of the four holes of the golf course we are reviewing, be reviewed and ap- proved . . ." Responding to Planner Skelton, Commissioner Swanson stated that it would be inap- propriate to attach this condition to the entire 18-hole golf course, since only four holes of that course are located within the City's jurisdiction. Commissioner Swanson then proposed a new Condition No. 22, which would require that the applicant provide updates to the Planning staff concerning compliance with these conditions every six months, and that the staff forward a summary of that information to the Commission. He suggested that this process would probably remain in effect for the next 24 to 36 months, until the project is complete. Commissioner Frost noted that Condition No. 9 stipulates that all improvements to Sourdough Road are to be reviewed and approved by the Gallatin County Road Superinten- dent. He reminded the Commission that the Superintendent's recommendations include two- foot-wide gravel shoulders on Sourdough Road; and the Commission has discussed the pos- sibility of requiring those improvements to include a three- or four-foot-wide paved shoul- der, per AASHTO standards for bicycle lanes. He then asked if this condition should be amended to more accurately reflect the City's desires. Commissioner Frost then suggested that Condition No. 21 be amended to add the requirement that the applicant sign a waiver of protest for the creation of an R.I .D. for improvement of the new primary road system, so that when other adjacent property owners are ready to pave the roadway, this developer will participate. Commissioner Frost also stated support for Condition No. 22, as proposed by Com- missioner Swanson. City Manager Wysocki stated that it is anticipated that the new primary road system 09-03-91 - 7 - will be developed in a two-stage process. He noted the initial stage is to be the develop- ment of the roadway, to County standards; and the second stage is to include paving of that roadway at some time in the future. He stated that one proposal is that the develop- er of High Ridge Estates be required to provide the initial roadway, with the balance of the adjacent property owners to bear the costs of paving that roadway when determined appropriate by the County Road Superintendent. He noted that the developer of the golf course will provide a substantial contribution to the project during the initial phase, par- ticularly in light of the culverts and gravel base that will be required; and that should suffice as his fair share. Commissioner Swanson responded to Commissioner Frost's suggestion for revisions to No. 9, noting that he is the Commissioner who had initially proposed the idea. He stated that he would still like to see the shoulders on Sourdough Road paved; however, he is willing to sacrifice that desire for development of a new primary road system along the ridge. He noted that at some time in the future, residents along Sourdough Road must address the problems along that roadway. Commissioner Frost expressed concern about calling the new ridge road the primary road; however, he feels that traffic will tend to use Sourdough Road instead because it is paved. He noted that in the meantime, the vehicular/bicycle/pedestrian conflicts will re- main, with increased traffic only compounding those conflicts. City Manager Wysocki stated it is the intent that any access to Sourdough Road would be secondary in nature, and available for emergency use only. He stated that the primary access to the golf course would be from the new roadway. Commissioner Frost stated that, no matter what designation an access may have, he feels that people will use the paved roadway to reach the new development. Commissioner Swanson reiterated his position, noting he is willing to not require paving of the shoulders on Sourdough Road in exchange for the new ridge road. Mayor Hawks noted that at the beginning of the hearing on this conditional use permit, it was acknowledged that it is unrealistic to address only four holes of a golf course, but that the impacts of the entire 18-hole course could be considered. He then suggested that, in light of that observation, it might be appropriate to revise the pro- posed addition to Condition No. 21 to refer only to the golf course, rather than four holes specifically. He then noted that it is extremely difficult to design a road which will access those four holes of the golf course which lie within the City's jurisdiction. The City Attorney cautioned that the Commission is not reviewing the whole golf course, since only four holes lie within the City's jurisdiction. Planner Skelton suggested that the impacts of the entire project could be consid- ered, given the fact that the subject four holes are a part of that overall impact. 09-03-91 - 8 - Commissioner Swanson stated he feels it is important that Condition No. 21 refer to the four holes of the golf course. City Manager Wysocki reminded the Commission that Figure No. 8 contained in the applicant's submittal reflects the possible installation of a ridge road, in the general alignment currently under discussion. He noted that the installation of this new road system would help to mitigate the traffic problems in that sector of the community, as well as provide for new development in that area in future years. Mayor Hawks asked for Commission consensus on the proposed revisions to the conditions for approval of this application. The Commissioners concurred in the revisions to Nos. 9, 11 and 12 as proposed by staff; No. 21 with Commissioner Swanson's recommendations; and No. 22 as proposed by Commissioner Swanson. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Conditional Use Permit requested by R.P. Myers, Eva Mae 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 of Section 32 and the west one-half of Section 33, Township 2 South, Range 6 East, and the northwest one-quarter of Section 4, Township 3 South, Range 6 East, Montana Principal Meridian, subject to the fol- lowing conditions. 1 . That the applicant provide documentation of review and approval by the Gallatin County Sanitarian for the sewage treatment system of the maintenance shed prior to final site plan approval; 2. That all portions of the golf course not presently included within the Sourdough Rural Fire District be annexed into the Fire District prior to final site plan approval; 3. That the applicant submit to the Sourdough Rural Fire District, for formal review and approval, a fire protection plan for the golf course, and provide documentation of an agreement with the Fire Dis- trict which guarantees snow and ice removal on access roads to the golf course facilities prior to final site plan approval; 4. That the applicant provide documentation from the Water Quality Bu- reau which determines the status for a detailed Environmental Assess- ment and Environmental Impact Statement of the entire 18-hole golf course proposal including a study of historical features and a conser- vation inventory review of the subject property prior to final site plan approval; 5. That the applicant provide documentation of all required 310 permits for any construction or alterations within the Limestone Creek corri- dor prior to final site plan approval; 6. That a thirty-five-foot (35-ft.) stream setback be designated along Limestone Creek and noted on the site plan of the golf course prior to final site plan approval; 7. That the applicant submit to the Parks, Open Space and Trails Com- mittee (P.O.S.T.) , for review and approval, a linear trail system that responds to the "Public Open Space" corridor designated along Limestone Creek prior to final site plan approval; 8. That a weed control plan for the golf course and support facilities be submitted for review and approval by the Gallatin County Weed Con- trol Board prior to final site plan approval; 09-03-91 - 9 - 9. That an implementation plan for all improvements to Sourdough Road be reviewed and approved by the Gallatin County Road Superinten- dent, and a financial guarantee for all improvements be submitted to the Planning Office prior to final site plan approval, and that all im- provements will be installed within 36 months of final site plan ap- proval; 10. That the applicant provide documentation of a waiver of right-to-protest an R. I .D. and/or S. I .D. for improvements to Sourdough Road and payment of a Sourdough Road impact fee, de- termined by the Gallatin County Commission and Gallatin County Road Office, prior to final site plan approval; 11 . That High Ridge Road be improved to an asphaltic paved twenty-four foot (24-ft. ) wide public road within a sixty-foot (60-ft. ) public road right-of-way, but owned and maintained by the applicant and/or property owner's association, and that it be improved within thir- ty-six (36) months of final site plan approval; 12. That the on-site water irrigation plan for the golf course and facil- ities, including future commercial development, be reviewed and ap- proved by the Water Rights Bureau, Montana Department of Natural Resources and Conservation; Water Quality Bureau, Montana Depart- ment of Health and Environmental Sciences; and that the applicant seek advisory recommendations from the Montana Bureau of Mines and Geology prior to final site plan approval; 13. That the site plan for the maintenance shed identify the location of the septic tank/subsurface drain field system prior to final site plan approval; 14. That the driveway for the maintenance shed off-street parking lot in- clude continuous concrete curbing and that it be noted on the site plan prior to final site plan approval; 15. That the site plan establish a site surface storm drainage plan prior to final site plan approval; 16. That the applicant submit a detailed hydrogeological analysis of the proposed golf course, evaluating the water irrigation systems and use of domestic water by the facilities to the Water Quality Bureau, De- partment of Health and Environmental Sciences for review and written approval prior to final site plan approval; 17. That a new primary road system, designed with the intention of being the primary access to these four holes of the golf course, be review- ed and approved by the Director of Public Service and Gallatin Coun- ty Road Office, shall be constructed to Gallatin County gravel road standards by the developer prior to public use of the golf course and issuance of a building permit for any public building affiliated with the 18-hole golf course; 18. That the applicant provide to the Planning staff an update on compli- ance with these conditions every six months during development of this project, with the staff to forward a summary of that information to the Commission upon receipt; 19. That four copies of the final site plan containing all the conditions, corrections and modifications as stated above shall be submitted for review and approval by the Planning Director within six months of the date of Bozeman City Commission approval. A final site plan must be approved prior to issuance of a building permit for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, two signed copies shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 20. That if improvements are not installed prior to final site plan ap- proval, the applicant shall enter into an improvements agreement with the City of Bozeman. Detailed cost estimates, construction plans and methods of security shall be made part of that agreement; 21 . That a building permit must be obtained within one year of final site plan approval. Building permits will not be issued until the final site 09-03-91 - 10 - plan is approved by the Planning Director; and 22. That if occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be com- pleted by the applicant within nine (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Knapp, Commissioner Goehrung, Commissioner Swanson and Mayor Hawks; those voting No being Commissioner Frost. Discussion - authorize City Manager to sign contract re operation of East Gallatin Park - Montana Department of Fish, Wildlife S Parks City Manager Wysocki submitted to the Commission a proposed Memorandum of Lease Agreement between the City, the County, and the State of Montana Department of Fish, Wildlife and Parks for operation of the East Gallatin Park. He noted that this is a draft document, which the Fish, Wildlife and Parks Commission will consider at their September 23 meeting if the City Commission has taken its action prior to that time. The City Manager stated he has suggested revisions to this document, as follows. Article Two, Section 2. The City Manager requested this be revised from ten years to five years. He stated that he has spoken with Mr. Walker from the local Fish, Wildlife and Parks office; and that is acceptable to the Department. Article Two, Section 3. The City Manager requested this be revised from a 180- day termination notice to stipulate written notice by November 1 or November 15, so that all parties know what will happen at the end of the term. He also noted this will allow ample time for those parties remaining in the agreement to make arrangements for the fol- lowing season. Article Two, Section 6. The City Manager requested authorization to work with Mr. Walker, or someone else in his office, to rewrite the user fee section of this document. He expressed concern about the language "providing fees are reasonable and equitable to fees charged for like services in the general area," noting it is ambiguous. Article Two, Section 9. The City Manager requested that the names contained be deleted, with the positions only being designated. Article Three, Section 2. The City Manager requested the language in this section be revised to more appropriately reflect the terms involved in governmental accounting practices. City Manager Wysocki stated that the County is not in a position to participate in the way that has been anticipated. He suggested, however, that the Commission authorize him to sign the agreement, including the revisions which he has outlined above. 09-03-91 - 11 - Commissioner Goehrung noted that under Article Three, Section 2, the second (h) should be changed to an (i) . Mr. Ray Heagney, Parks Operations Specialist in the local Fish, Wildlife and Parks office, stated that today, the process of applying for funding through the FWP's County Parks Funding Program was started; and the County's participation is to be removed from this agreement. Mayor Hawks asked about the County's participation in road maintenance. Mr. Heagney responded that he will be meeting with County Commissioner Deb Berglund to discuss what types of County participation might be included in this agree- ment. The City Manager indicated a desire to leave the County in this agreement, rather than deleting them completely. He also indicated an interest in pursuing that issue. City Manager Wysocki then asked if the $5,000 listed under each of the participat- ing entities in Article Three is an annual cost, suggesting that the language be adjusted to so reflect. Commissioner Knapp noted that the County has taken some weed control steps in that area, along with its road maintenance. She then expressed an interest in having that issue addressed within this agreement. Mayor Hawks stated he feels it is important that the County participate in this agreement is some manner. Commissioner Swanson noted it is gratifying to see a city government, county gov- ernment, a state agency, and a non-profit group of volunteers working on the same proj- ect, to the same end. He noted the East Gallatin Park is a great facility and an asset to the community. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission authorize and direct the City Manager to sign the Memorandum of Lease Agree- ment for the East Gallatin Park between the City, the County Commission and the Depart- ment of Fish, Wildlife and Parks, as revised per the above discussion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Com- missioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those vot- ing No, none. Ordinance No. 1332 - adopting the final zone code, dated August 19, 1991 , and attendant zoning maps, and repealing all ordinances in conflict therewith The City Manager presented Ordinance No. 1332, as reviewed by the City Attorney, entitled: 09-03-91 - 12 - ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE "FINAL DRAFT, BOZEMAN ZON- ING ORDINANCE," AND "ADDENDUM" DATED AUGUST 19, 1991 , ATTACHED HERETO AS EXHIBIT "A" WHICH IS INCORPORATED HEREIN BY THIS REF- ERENCE AS THOUGH FULLY SET FORTH HEREIN, REGULATING AND RE- STRICTING THE USE OF LAND AND THE USE AND LOCATION OF BUILD- INGS AND STRUCTURES FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND STRUCTURES AND DETERMINING THE PERCENTAGE OF LOT COVERAGE AND ESTABLISHING THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING THEM; REG- ULATING AND RESTRICTING THE DENSITY OF POPULATION; ESTABLISH- ING REVIEW BOARDS AND PROCEDURES: ESTABLISHING DEVIATIONS AND VARIANCES AND REVIEW GUIDELINES AND PROCEDURES THEREFOR; ES- TABLISHING ENTRYWAY, HISTORIC AND NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; ENACTING A SIGN CODE; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISION; ADOPTING BY REFERENCE THE "FINAL DRAFT OFFICIAL ZONING MAPS FOR THE CITY OF BOZEMAN AND THE EXTRATERRITORIAL ZONING JURISDICTIONAL AREA" DATED AUGUST 19, 1991 , WHICH MAPS DIVIDE THE CITY OF BOZEMAN AND ITS EXTRATERRITORIAL JURISDICTIONAL AREA INTO DISTRICTS, SHOWING BOUNDARIES AND CLASSIFICATION OF SUCH DISTRICTS; AND REPEALING ORDINANCE NOS. 1329, 1328, 1317, 1315, 1314, 1308, 1307, 1303, 1302, 1294, 1282, 1275, 1271 , 1270, 1258, 1239, 1238, 1237, 1234, 1225, 1224, 1223, 1222, 1221 , 1219, 1217, 1214, 1213, 1212, 1211 , 1209, 1199, 1198, 1197, 1193, 1192, 1191 , 1183, 1182, 1178, 1177, 1165, 1162, 1158, 1157, 1156, 1153, 1151 , 1149, 1148, 1144, 1143, 1139, 1128, 1105, 1099, 1096, 1095, 1092, 1090, 1089, 1088, 1087, 1078, 1073, 1072, 1071 , 1070, 1069, 1068, 1066, 1051 , 1050, 1049, 1048, 1034, 1031 , 1030, 1028, 1022, 1021 , 1016, 1013, 1012, 1008, 1006, 1004, 1003, 992, 991 , 990, 987, 985, 979, 976, 975, 974, 970, 969, 968, 967, 966, 965, 943 AND 935 AND ALL OTHER ORDINANCES AND PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of August 19, 1991 . He then recommended that it be finally adopted at this time. Commissioner Frost stated he feels this zone code meets the public concerns which have been included in the master plan, meets some of the goals which the City Commission has set, and meets the Chamber of Commerce's No. 1 goal for Fiscal Year 1990-91 . He stated he feels this is a very good document, and he supports its final adoption. Commissioner Swanson stated he feels that adequate public comment has been re- ceived on this zone code document. He noted that three work sessions were conducted; and those sessions were extremely lightly attended. He then stated that he would be sur- prised and disappointed if there were not some very meaningful revisions to the document as a result of the review period which is underway. Commissioner Goehrung reiterated his position regarding the zone code document. He noted that, while he agrees with the general direction which the zone code has taken, he will withhold his final approval until after the amendment process has been completed. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Ordinance No. 1332, adopting the final zone code, dated August 19, 1991 , and attendant zoning maps, and repealing all ordinances in conflict therewith. The motion carried by the following Aye and No vote: those voting Aye being Commission- 09-03-91 - 13 - er Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No being Commissioner Goehrung. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (1 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, September 4, in the Commission Room. (2) Copy of a letter from Kathy Close, Sweet Pea Race Director, to Chief of Po- lice Boyer, dated August 20, thanking him and his department for their assistance during the Sweet Pea races. (3) Copy of a letter from the City-County Planning Office to Amanda Cater, Chair of the POST Committee, dated August 26, regarding the process for adoption of the Parks, Open Space and Trails Plan. (4) Copy of the notice that the Commission meeting would be held today rather than yesterday, due to the holiday. (5) Copy of the notice that garbage will be picked up one day late this week due to the Labor Day holiday. (6) Minutes from the Bozeman Area Bicycle Advisory Board meetings of August 13 and 27, 1991 . (7) Notice of a BABAB meeting scheduled for 7:00 p.m. on Tuesday, September 10, at the Carnegie Building, to discuss bicycle education programs. (8) Copy of the resolution adopted last week regarding the performing arts cen- ter, as revised. (9) Agenda for the County Commission meeting which was held today. (10) Daily minutes of the County Commission for the week of August 19. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, September 4. (12) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Wednesday, September 4. (13) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, September 5 in the Commission Room. (14) The City Manager submitted his weekly report, as follows. (1 ) Reminded the Commissioners that Mayor Kemmis is scheduling a joint meeting between the Missoula City Council and the Bozeman City Commission during the League Convention being held in Missoula in mid-September. (2) Attended a meeting last week regarding Valley Unit Subdi- vision and future strategies for disposing of properties within that subdivision. (3) An- 09-03-91 - 14 - nounced that the deadline for responses to the draft EIS for the Missouri River Basin, which includes impounded water on Sourdough Creek, has been extended for two weeks. He noted that the City's Environmental Engineer, Mike Morgan, is preparing the City's re- sponse to the document. (4) Announced that the tree trimming contract is substantially complete. (5) City crews are trimming trees near the intersection of South 6th Avenue and West Cleveland Street. The "high ranger" is in the repair shop for ten days, so tree trimming is limited to those around stop signs and above sidewalks. (6) The various con- tracted street projects are nearing completion. (7) Water usage for the past week dropped to an average of 8 million gallons per day. (8) Environmental Engineer Morgan will attend an industrial waste pretreatment program meeting in Denver in the near future. (9) An- nounced that the deadline for applications for City Attorney is today at 5:00 p.m. He then asked that one Commissioner be selected to serve on a committee to review the appli- cations and interview the top candidates. He noted that the first meeting will be scheduled for Thursday; and interviews will be tentatively set for October 1 and 2, with the selection to be made thereafter. (15) Commissioner Swanson submitted the following. (1 ) Announced his willing- ness to serve on the committee to review City Attorney applications. (2) Noted the great enhancement which the widening and resurfacing of West Lincoln Street from South 11 th Avenue to South 19th Avenue and the widening and resurfacing of West College Street from South 11th Avenue to South 19th Avenue have provided. (3) Noted that in her let- ter, Ms. Close has thanked Chief Boyer for going above and beyond what was requested. He noted it is important that the Commission recognize those words of praise for specific City staff members. (4) Stated appreciation for the concentrated effort which the Police Department is taking to address crosswalk safety. (5) Noted the Swim Center is looking good after its two-week closure for cleaning and painting. He thanked Recreation Super- intendent Harkin and her staff for the nice work. (6) Noted in the minutes of the Plan- ning Board meeting of August 20, Mr. Robert Leigland noted the professionalism he en- countered while working with Planner Kevin Wall and Planning Director Andy Epple on his project. (16) Commissioner Swanson noted that the minutes from the Planning Board meet- ing also reflect Mr. Clair Daines' observation that the PUD process has been lengthy and horrendous and needs to be streamlined. He then stated his interest in taking advantage of the offer from the Gallatin Development Corporation to facilitate meetings regarding the zone code, suggesting that one Commissioner and a member of the Planning staff meet with Mr. Daines to determine how the process might be streamlined within the next couple weeks. Mayor Hawks noted that the minutes also reflect Ms. Ellen Kreighbaum's observation 09-03-91 - 15 - that the process was slowed beyond the normal time frame, as the DRB waited six to eight weeks for responses from the applicant. Commissioner Swanson stated he feels that some revisions might be appropriate, noting that the developer may be able to show where some of the problems exist. He then suggested it may be appropriate to invite Ms. Kreighbaum to the meeting as well. (17) Commissioner Swanson noted that harvest in the Gallatin Valley is nearly complete. He then noted that there are three powerhouse economic ingredients in the Gallatin Valley, those being agriculture, Montana State University and tourism; and ag- riculture is the No. 1 ingredient. He stated the Commission receives little information on the status of agricultural issues, and requested that a farm report be placed on the agen- da within the next four weeks, so the Commission is more aware. (18) Commissioner Knapp distributed copies of a letter from the Montana State Li- brary, dated August 21 , 1991 , announcing her appointment to the Montana Library Ser- vices Advisory Council, with a term to expire on April 30, 1993. She noted that this Council meets quarterly; therefore, it should not conflict with her duties as City Commis- sioner. Mayor Hawks congratulated Commissioner Knapp on her appointment. (19) Mayor Hawks submitted the following. (1 ) Attended a meeting with members of the DRB last week to discuss its status, problems and issues. (2) Had lunch with the Mayor of Fredricksborg, Denmark, last week. He noted the community is located in a rel- atively remote area of the country, with a poor transportation program. (20) Commissioner Goehrung submitted the following. (1 ) Reminded the Commis- sion of the barbecue to be held at the Senior Center on Saturday. (2) Attended the last day of swimming at Bogert Pool on Sunday, noting there was a large crowd. (21 ) Commissioner Frost submitted the following. (1 ) Has attended Planning Board meetings and two DRB meetings in the past few meetings. (2) Attended Mayor Hawks' recent organizational meeting of the DRB, noting a lot of good ideas were shared at that meeting. He noted that concern was expressed about the elimination of a liaison per- son from the Planning Board, and the potential problems which could arise from lack of continuity and information. (22) Commissioner Frost requested that the tree ordinance be placed on next week's Commission agenda for action. (23) Mayor Hawks stated he has discussed the 1992 sidewalk program with Direc- tor of Public Service Forbes. He then noted that, given the major set of hurdles sur- rounding the North 7th Avenue and South 3rd Avenue sidewalks, he feels that the pro- gram should be considered in the near future. He then requested that the Director submit to the Commission a proposed time schedule, involving the various actions necessary, for 09-03-91 - 16 - the program. (24) City Attorney Becker stated that the notice of appeal in the case of the City versus Gallatin County and the Attorney General has been filed. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "United Way Days" - September 10, 1991 to October 31 , 1991 Mayor's appointment - Howard Busching - City's representative - Bozeman Committee for U.N. Recognition Claims It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commission- er Goehrung, Commissioner Frost, and Mayor Hawks; those voting No, none. Recess - 4:57 p.m. Mayor Hawks declared a recess at 4:57 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 at 7:00 p.m. , for the purpose of conducting the scheduled public hearings. Public hearing - variances to Sections 18.43.050(E) , 18.50.100.D.5.d. , 18.50.100.D.5.i. , and 18.50.120.B.1 and 18.50.120.B.6 - Montana Power Company - to allow applicant to construct a new 12-foot by 30-foot utility building on Tracts 13 and 14, Northeast nnexation (2600 block of North Rouse venue This was the time and place set for the public hearing on variances, requested by Montana Power Company, to allow the applicant to construct a new 12-foot by 30-foot utility building on Tracts 13 and 14 of the Northeast Annexation, as follows: to Section 18.43.050(E) , to not require a 25-foot landscaped open space along North Rouse Avenue; to Section 18.50.100.D.5.d. , to not require landscaping of the right-of-way with one tree every 50 feet of frontage and 75- percent live vegetation; to Section 18.50.100.D.5.i. , to not require irrigation of all required landscaping; and to Sections 18.50.120. B.1 . and 18.50.120.B.6. , to not require paving and curbing of all driveways and parking areas. The subject site is more commonly located along the east side of the 2000 block of North Rouse Avenue. Mayor Hawks opened the public hearing. Assistant Planner Debbie Arkell presented the staff report. She noted that the 09-03-91 - 17 - subject site is located immediately across the street from The Filling Station and VFW Club. She further noted that City-owned property generally surrounds the subject site, with a portion being in horse pasture and the remainder housing some of the City's warehouses. She stated the subject property is zoned M-1 , Light Manufacturing, and is located in the North Rouse Avenue entryway overlay corridor. The Planner stated that the applicant has removed an existing building from the subject site and now wishes to construct a new building to protect the machinery and pip- ing necessary to provide natural gas from this facility to the northeast part of the city. She noted that this facility is used to reduce the pressure from the natural gas trans- mission line to allow for distribution to the community; and it also is the location of a nat- ural gas transmission line regulator station. Planner Arkell stated that Montana Power Company has operated on this site since the 1940's. She then indicated that the lot is irregular and narrow, measuring 54 feet by 270 feet within the fenced area, as well as some land which lies between the fence and North Rouse Avenue. Planner Arkell then reviewed each of the four requested variances, as follows. (1 ) From Section 18.43.050(E) , which requires a 25-foot landscaped open space area between North Rouse Avenue and the parking or building area. The applicant can maintain a 25-foot setback between the new building and the right-of-way; however, ster- ilization of the soil in each of the past several years makes it extremely difficult to land- scape with live vegetation. Also, due to the narrowness of the lot, the 25-foot setback area is needed to gain access to the structures and equipment on the site. (2) From Section 18.50.100.D.5.d. , which requires landscaping of the right-of- way with one tree for every 50 feet of frontage and 75 percent live vegetation. There are three cottonwoods along the road right-of-way at this time; and this provision would re- quire five. The Planner noted that the State Highway Department has requested that no vegetation which will exceed 40 inches in height be planted within their right-of-way. She then stated that the right-of-way and private property between the fence and the pave- ment are currently not maintained, noting that the right-of-way is irregular, extending anywhere from zero to eighteen feet. (3) From Section 18.50.100.D.5.i. , which requires irrigation of all required land- scaping. The applicant suggests that the area between the fence and North Rouse Avenue is naturally well irrigated because of the slopes on both sides of that strip, as evidenced by the lush grass. The property is not connected to City water; and there are no full- time personnel on the site to maintain an irrigation system. (4) From Section 18.50.120.B.1 . and B.6. , which require surfacing and curbing of all driveways and parking areas. Due to the fact that this site houses machinery only, 09-03-91 - 19 - the property, noting that they usually use the standard products, like Rodeo and Round- up. He noted it would be unfair to prohibit the use of chemicals allowed by law on this specific site, particularly since other sites in the immediate area use those same products. He stated that in other areas, the Company has been limited to using those chemicals, not- ing a willingness to accept that requirement here as well. Mr. Asay stated that the Montana Power Company would be willing to plant more trees and landscape the area outside its security fence. He reiterated their position that irrigation should not be required, due to the natural wetness of that site. He also noted that, since there is no City water on the site, such a condition would require that a water line be run under North Rouse Avenue. Mr. Asay emphasized that the issue is one of safety and fire hazards that live vegetation on the site would create. Mr. Tom Caddy, MPC Engineering Division in Butte, stated the building on the northern end of the site houses the main natural gas transmission line from Dry Creek to Butte. He noted that the above-ground assembly also includes a main block valve. Responding to Commissioner Frost, Mr. Asay stated that the existing trees on the site are regrowth, since they were cut down several years ago. He reiterated the Compa- ny's preference to keep all vegetation completely out of this type of site. Further responding to Commissioner Frost, Mr. Asay stated that any vegetation outside the security fence but within fifteen feet of the building will create a fire hazard. He then noted that this site is not a good one; however, the Company is attempting to minimize the problems as much as possible. Commissioner Frost rioted that right now, the grass is dry, thus creating a fire hazard. He then asked why the grass on the site has not been maintained to date. Mr. Asay responded that the Company is required to minimize the fire hazards; however, no one has required them to maintain the grass which does exist on the site. Commissioner Knapp asked if there are any long term plans for moving this particu- lar facility to a location which is not so close to a major roadway, and, therefore, not so vulnerable. Mr. Asay responded it is anticipated that North Rouse Avenue will be widened at some time in the future. He stated that when that occurs, they will probably attempt to acquire some additional property from the City, and move its facility further back from the road. He stated that when that occurs, the MPC will comply with the City's landscaping requirements, since the site will be large enough to accommodate both without conflict. He then observed that this type of facility must be located in areas of load; therefore, it must be in a residential area. No one was present to speak in opposition to the requested variances. Mayor Hawks closed the public hearing. 09-03-91 - 25 - 7. The proposed expansion creates safety hazards for the general public and interferes with traffic, both on Main Street and in the alley. Commissioner Frost asked if all seven of these factors are directly related to the Design Review Board's review and decision; staff did not provide an immediate response. Mr. W.J. Sullivan, appellant, stated that establishing the property line is the first issue which must be addressed. He stated that he purchased his building at 124 East Main Street, which has a 30-foot Main Street frontage, in the 19501s, under the name of Gallatin Realty. He then indicated that the applicant's measurements at the back of the buildings are 3.5 feet short of being 30 feet; therefore, a portion of the applicant's structure en- croaches onto his property by 3.5 feet. Mr. Sullivan stated that today, he met with Chief Building Official Kyle Harlan, who indicated that he would not issue a building permit until the property line has been estab- lished. Mr. Sullivan stated that the main issue of his appeal is the property line, noting that the remainder of the issues are self-explanatory. Mr. Don McLaughlin, AIA, applicant, submitted to the Commission written responses to four of the factors listed in the appeal. He showed the Commission a model of the proposed building expansion, stating he was trying to be sensitive to the neighborhood in his design of the addition. Mr. McLaughlin then stated he does not understand the City's ruling on the prop- erty line, noting he feels the issue should be cleared up as quickly as possible. He then noted that his surveyor has been working on that issue; and he has been directed to for- ward his information to Mr. Sullivan's surveyor in an attempt to resolve the problem. He gave a brief history on the problem, noting that some buildings were deeded and built be- fore the block was platted. He stated that subject building, of which he owns part and Mr. Sullivan owns part, was originally constructed as the Cooper Block. He noted that an error was made in the 1860's, at which time the same 3 feet 6 inches was deeded to two different people; however, surveyors have not been able to determine which was in error. He stated, therefore, the total frontage of the building deeds is 303 feet 6 inches in a platted block of 300 feet. He further noted that the total of the facades along Main Street equals the deed total of 303 feet 6 inches; however, the problem arises along the rear lot lines. Mr. McLaughlin stated that his proposed addition is proposed to end 20 feet short of the alley; and it is significantly lower than the 65-foot height allowed by the code. He noted that these items help to mitigate impacts on the air, light and view of the adjacent property owners. He also noted that if he had extended the building to the alley, it would be difficult for Mr. Sullivan to park at his residence and open the doors of his 09-03-91 - 26 - vehicle. He stated that with the reduced height of the structure, the walls on the third floor are only six feet high. He stated that the common wall is a fire wall; therefore, no openings are allowed along that side. He noted, however, that he has attempted to create an attractive building and entrance from the alley to minimize any negative impacts which the additional structure might create. Mr. McLaughlin stated that this proposed addition does not expand the ground level of the building; and it does not eliminate any of the existing parking spaces. He con- curred that there are parking problems in that area; however, he stated that this proposed expansion will not aggravate those problems by creating less parking spaces. Mr. Don McLaughlin stated that the new second and third floors of this structure will not add any new load to the existing structure. He stated, rather, that the new floors will be constructed on their own footings; and there will be no attachment of those walls to the walls of the existing structures. Mr. McLaughlin then stated his desire to proceed with this project as quickly as possible, noting the demand for Main Street floor space. Mayor Hawks noted it appears that a building permit cannot be issued until the property line has been established. Assistant to the City Manager Ron Brey stated the Commission may approve the site plan for zoning purposes, without the property line being finally established. He noted that the building permit will not be issued to the applicant, however, until the Chief Building Official is satisfied that the property line has been correctly identified. The As- sistant then stated he feels that this issue can be adequately addressed through adminis- trative procedures. City Attorney Becker stated this is not the proper forum in which to determine property lines, rather, those issues must be addressed in a court of record. Mr. W.J. Sullivan stated he has a complete history of the abstract for this proper- ty, which dates back to 1872, for anyone who needs to review that information. The Assistant to the City Manager suggested that the applicants be required to for- ward their information regarding the property line to Chief Building Official Harlan for this review, prior to a decision on the issuance of a building permit; the Commission con- curred. Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission deny the appeal by W.J. and Peggy J. Sullivan of Design Review Board and Design Review Committee decisions on Application No. Z-9198, to allow construction of second and third floors to a building located on the east 1 .5 feet of Lot 4 and west 17 feet of Lot 5, Block B, Original Townsite. The motion carried by the following Aye and No 09-03-91 - 27 - vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Public hearing - Conditional Use Permit - Clair W. Daines, Inc. - allow applicant to devel- op a technical services center on property located on Lot 2, Block 2, Phase 11 of the Ad- vanced Technology Park (925 Technology Boulevard South) This was the time and place set for the public hearing on a Conditional Use Permit requested by Clair W. Daines, Inc. , to allow the applicant to develop a technical services center on Lot 2, Block 2, Phase II of the Advanced Technology Park. The subject prop- erty is more commonly located at 925 Technology Boulevard South. Mayor Hawks opened the public hearing. Associate Planner Dave Skelton presented the staff report. He stated that under this application, Mr. Daines proposes to construct five buildings, some of which may house retail services and personal/convenience services, in a BP, Business Park, District. The Planner stated that retail uses and personal/convenience services are not listed as princi- ple or conditional uses in the BP zone; however, they may be approved as a part of this conditional use permit for a planned unit development. Planner Skelton stated that staff has reviewed this application in light of the six criteria set forth for review of conditional use permit applications. He then reviewed the staff findings on each of those criteria. He noted that the zone code requires a 35-foot front yard setback and 25-foot side and rear yard setbacks; however, the Land Use De- velopment Guidelines for the Advanced Technology Park establish 35-foot setbacks for front, side and rear yard setbacks. He noted that this requirement may be waived by representatives of the Advanced Technology Park; and Mr. Flair, President, has done so. The Planner noted, therefore, that the City's zoning requirements must now be met. He then stated that the proposed building in Phase 1 encroaches into the 35-foot front yard setback; and the applicant must either relocate that structure or seek a variance prior to final site plan approval and issuance of the building permit. The Planner then stated that the applicant must comply with the requirements of both the City's zone code and the Land Use Development Guidelines for the Advanced Technology Center. He noted that this includes a 10-foot buffer strip, and a creek zone buffer strip, which the Advanced Technology Park has included to ensure that a campus- like, park-like setting is maintained. He also noted that sidewalks will be required along the driveways as well as West College Street. Planner Skelton then reviewed the land uses which the applicant is proposing be allowed within this development. He noted that the proposed use list is divided into four categories: (1 ) professional offices, (2) light manufacturing, (3) retailing and (4) ser- vices. He stated that after reviewing this proposed use list, staff has determined that 09-03-91 - 2a - any impacts on adjacent residential development to the north have been mitigated through the guidelines for development of this parcel. Planner Skelton stated that concern was raised with the initial elevations proposed for the structures to be developed on the site. He indicated that, following revisions to those initial elevations, the Design Review Board has approved the proposal, which does not include any identical structures. He further noted that, as each project goes through the building permit review process, there will be revisions to the structures so they meet the needs of the occupant. He indicated that staff plans to take those exterior revisions to the Design Review Board to ensure that they meet the guidelines for both this project and the overall Tech Park. Planner Dave Skelton stated that, following its public hearing on this application, held on August 20, the City-County Planning Board recommended approval, subject to 22 conditions, which he carefully reviewed. He stated that the parking for the entire devel- opment has been established, based on a total of 25,000 square feet for the five struc- tures. He noted that those parking spaces must meet all of the parking requirements for the entire development; and the size_ of the last structure will be adjusted as necessary to meet the available remaining parking. Mayor Hawks noted that, while the list of uses has been decreased from the original submittal, three of the categories contain the phrase "include, but are not limited to. " He expressed concern that the phrase, in essence, takes away any limitation on uses within this development. Commissioner Frost noted that in the staff report, reference is made to including proposed signs on the detailed elevations on the site plan. He then asked if that should be included in a condition for approval of this application. Planner Skelton responded that the applicant must apply for a sign permit, provid- ing a detailed drawing of the sign and its location. He stated that he feels this process will adequately address any concerns, without the need to add a condition. Responding to Commissioner Frost, the Planner stated that Condition No. 4 should include reference to the exterior parking lot light fixtures. He noted that the light fix- tures installed for this project must comply with the guidelines for the light fixtures which have already been installed in the Tech Park. Further responding to Commissioner Frost, the Planner stated that all buildings in all phases must comply with all of the setback requirements, even though they are not specifically listed within the conditions for approval. Responding to Commissioner Frost, the Planner stated that, through an oversight, the City Engineer's memo dated August 6 was not included in the Commissioners' packets. He then reviewed the contents of that memo, noting the only item not already addressed 09-03-91 - 29 - within the conditions is the establishment of easements for infrastructure, including water and sewer main installations. Responding to Commissioner Frost, Planner Skelton stated that support facilities are allowed within the Tech Park, as long as they remain support services to the primary ac- tivities to be conducted within the overall development. He then stated that this applica- tion for a planned unit development is the first of this type; and any future proposals must be carefully reviewed to ensure that the appropriate balance is maintained between primary uses and support services. Mayor Hawks noted that in the development guidelines for this application, refer- ence is made to a development committee comprised of three members, who will oversee the development of the structures in the different phases, with some coordination with the Planning Director. He then asked what committee this is. He further noted that, in the past, when the Commission has approved this type of project, the City has been included as a party to the covenants. Planner Skelton suggested that a Condition No. 23 be added to make the City a party to any modifications to the guidelines for this project. Commissioner Frost asked if another condition is needed to specify that minor modi- fications go through the Design Review Board and major modifications go through the pub- lic hearing process. Planner Skelton responded that the zone code stipulates that the Planning Director must make the determination of whether a modification is major or minor; however, in this instance, the Director would like the DRB to make that determination. He noted that if the modification is determined major, it must go before the Commission; and if it is minor, the DRB will review it. Mr. Lowell Springer, architect representing Mr. Bill Schafer and Mr. Clair Daines, applicants, stated that they have carefully reviewed the conditions, discussing them in depth with the Planning staff and the Design Review Board. He then indicated the appli- cants agree with the conditions as forwarded to the Commission, noting a willingness to respond to any questions. Responding to the Mayor's question about the proposed added condition, Mr. Springer stated that anything not specifically addressed within this application will be covered by the blanket design standards for the Tech Park; and those are very stringent. He then stated that everything contained within this application meets or exceeds the re- quirements. Responding to Commissioner Swanson, Mr. Springer indicated that the phrase "to include, but are not limited to" was inserted in the use lists to allow flexibility. He noted that a list of permitted and conditional uses is already contained in the covenants for the 09-03-91 - 30 - Tech Park. He indicated that the applicants do not wish to limit any uses which are ap- provable under the comprehensive list of uses. Commissioner Frost suggested that, rather than including the phase "but are not limited to," it may be better to include the list of uses allowed in the BP zone under the Land Use Development Guidelines for the Advanced Technology Park. Mr. Bill Schafer, applicant, stated that the building to be constructed in Phase 1 is for his business, Schafer and Associates. He noted their firm is involved in environmental and engineering services. He then stated that this planned unit development provides real advantages for a firm such as his, which employs fifteen people. He stated that they work closely with the University on a number of projects; and being close to that facility will be an advantage. He noted there are other businesses like his who would like to be close to the University but who cannot afford to develop a three-acre parcel. Mr. Clair Daines, applicant, addressed the questions raised about the language "but are not limited to" contained in the proposed use lists. He noted there are a lot of back-up documents on what activities can be located in this facility which will apply to this PUD. He then stated an interest in creating as broad a list of uses as possible, to facili- tate in development of the project. He noted that the uses allowed within the BP zone are very restrictive; and the Tech Park had problems attracting tenants until that list was ex- panded. Mr. Daines stated that at this time, he does not anticipate that many of the uses contained on these lists will actually be located within the PUD; however, he does not wish to eliminate the possibility. Mr. Daines questioned the possible determination that changing something like the pitch of the roof could be construed as a major modification, requiring it to go back through the public hearing process. He then stated that, after several meetings with the Design Review Board, the drawings of the elevations of the five buildings have been changed substantially to meet their desires; and he is not particularly happy with the re- sults. He stated that he feels some modifications should be allowed without requiring an- other review of the project. Mr. Daines then stated that it would be most cost effective for him to construct five 5,000-square-foot buildings. He noted, however, that in reality, he must be more flexi- ble, constructing the size and configuration of building which will meet the guidelines of this PUD and best fit the needs of the tenant. Responding to Mayor Hawks, Mr. Daines stated that the internal design committee referred to in the guidelines is for his protection. He stated that, should he sell a phase to another party, he still wants to be involved in any discussions about change. He noted that to remain involved in any changes to the guidelines established at this time will help him to protect his investment. He then noted that within their document, Advanced 09-03-91 - 31 - Technology, Inc. , includes its provisions for review and approval of designs and uses proposed within the Park. Commissioner Frost stated it is his assumption that the zone code definition of light manufacturing will ensure the compatibility of that type of development with the surround- ing uses. He then stated his concern about the proposed use categories of professional offices, retailing and services. He noted that these uses are B-1 and B-2 uses; and the Advanced Technology Park is a tech park, not a retail park. He once again reiterated his concern about the phrase "but not limited to. " Mayor Hawks suggested that the Tech Park use list be added to the list of uses within this PUD, deleting the phrase "but not limited to." He noted this would provide more flexibility, while creating definite parameters. Mr. Roger Flair, President of Advanced Technology, Inc. , stated that they shared the same concerns about the proposed list of uses. He noted that any uses other than light manufacturing and professional services must be submitted to their Board for review and approval, to ensure compatibility with surrounding development. He stated that, in addition to their approval, the use must also be determined to be in compliance with the City's zone code; therefore, he feels the necessary safeguards are in place. Mayor Hawks stated it is in the City's interest to ensure that this does not develop into a full commercial retail district. He noted that the guidelines for the Tech Park have changed over time; and the City must have the necessary assurances that those changes will not result in a retail district. Mr. Flair stated that Advanced Technology, Inc. , is seeking the same assurances. He noted that businesses like Schafer and Associates are what they would like to see with- in the Tech Park. He noted, however, that there is no demand for the size of lots which are contained in the Tech Park; and businesses like this do not need, and cannot afford, a 25,000- to 35,000-square-foot building. Mr. Flair then noted that Mr. Daines had the same difficulties before the Advanced Technology Board that he is incurring with the City Commission. He further noted that Board review of each proposed use before a permit is issued was the result of those con- cerns. Mr. Clair Daines stated that everything on his proposed use lists is allowed under the zone code. He once again reiterated his desire to retain as much flexibility as possible in the uses allowed. Mayor Hawks closed the public hearing. Mayor Hawks suggested that, since Advanced Technology, Inc. , shares the City's concerns, there may be adequate safeguards to ensure the compatibility of future develop- ment with existing development as well as the guidelines for development. He also 09-03-91 - 32 - suggested that to expand the use lists for the PUD by referencing the listed uses in the land use guidelines for the Tech Park would be appropriate, rather than encouraging the traditional light manufacturing uses. Commissioner Frost noted that the Tech Park permitted use lists include light man- ufacturing which is conducted entirely indoors. Responding to the Mayor, Planner Skelton stated that, typically, the Design Review Board considers only development within the entryway corridors; however, he feels their expertise would be beneficial in reviewing architectural issues for this PUD. He then not- ed that Planning staff and DRB members change; however, he feels that with the specific expertise on the DRB, the philosophies will not change so dramatically that they will create problems. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission waive the customary one-week waiting period for land use decisions. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the Conditional Use Permit requested by Clair W. Daines, Inc. , as set forth in Application No. Z-9196, to allow the applicant to develop a technical center on Lot 2, Block 2 of Phase 11 of the Advanced Technology Park, subject to the following con- ditions: 1 . That all metes and bounds, and dimensions of the property's legal description be identified on the site plan prior to final site plan approval; 2. That the seven (7) foot wide sidewalk easement along West College Street be noted on the site plan, that a five (5) foot wide sidewalk be installed, to City standards, within the easement to the western edge of the property, and that it be noted on the site plan, prior to final site plan approval; 3. That both private drive accesses onto Technology Boulevard South be realigned such that they are ninety (90) degrees to the public right-of-way and that they be depicted on the site plan prior to final site plan approval; 4. That the site plan designate snow removal storage areas, provide dimensions of all off-street parking lots, driveways, driving aisles, typical and compact parking stalls, yard setbacks, utility easements, and locations and design of exterior light fixtures, for review and approval by the Development Review Committee prior to final site plan approval; 5. That the applicant provide five (5) foot wide sidewalks, built to City standards, along both access driveways that would extend to the existing sidewalk along Technology Boulevard South, and that they be noted on the site plan prior to final site plan approval; 6. That the landscape legend identify the quantity, installation size and maturity size of each landscape species, that reference to a landscape irrigation system be provided, and that the legend include the calculations necessary to determine the landscape requirements of the 09-03-91 - 34 - Building, Street/Sanitation, Water/Sewer, Engineering and Fire Departments, and one signed copy shall be retained by the applicant; 21 . That the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 22. That the first building permit must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a building permit is issued; 23. If occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; and 24. That within sixty (60) days of final completion of all site work for each phase, the applicant's licensed architect or engineer overseeing the project shall certify to the City-County Planning Department that all improvements have been completed in accordance with the approved final site plan. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Adjournment - 9:49 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. 09-03-91