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HomeMy WebLinkAbout1990-01-29 .,".'., ~~.... - .--!.-' -- ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 29, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 29, 1990, at 2:30 p.m. Present were Mayor Hawks, . Commissioner Goehrung, Commissione.r Frost, Commissioner Knapp, Commissioner Swanson, City Manager Wysocki, 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 I tems be removed for discussion. Minutes - January 15 and January 22 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting ~f January 15 b(! approved as submitted. The motion , carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost,Commissfoner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. : , , Action on the min~tes ef the regular meeting of January 22, 1990 was deferred for " a period of one week. re sale of recreational vehicles - Gene tr'eet The City Manager submitted to the Commission a letter from Mr. Gene Badgley, Rocky Mountain R/V, dated January 24, 1990, requesting that the Commission make a de- termination of whether his business could be classified under "equipment sales and ser- vice, II which is a permitted use in the B""2, Community Highway Business, District. He then reminded the Commission of the memo they had received from the City Attorney last week, dated January 19, 1990, concerning this recreational vehicle sales operation. Mr. Greg Morgan, Attorney representing Mr. Badgley, stated that in the Spring of 1989, Mr. Badgley applied for a business license to sell recreational trailers; and at that time he was told he did not need one because he already had a retail sales license. He stated that, based on that information, Mr. Badgley began his recreational trailer sales. On April 24, Mr. Badgley decided, for business reasons, to change the name to Mike's Rocky Mountain R/V, and made application for a new business license. Mr. Morgan noted at that time, the Planning staff determined that recreational trailer sales was not listed as a permitted or conditional use in the B-2 zone; and at the staff's suggestion, on July 11, 1989, Mr. Badgley applied for a zone code amendment. He then 01-29-90 - ' ~; ~. '\.. .i~ ".. ...."t .. , . - 2 - questioned the need for that zone code amendment, particularly since equipment sales and service is listed as a permitted use in the B-2 zone; and the definition of "equipmentll is broad enough to include recreational trai lers. Mr. Morgan stated that on September 26, the Zoning Commission conducted its pub- lic hearing on the zone code amendment and recommended approval. On October 16, on a 3 to 2 vote, the City Commission voted to approve the change as recommended by the Zon- ing Commission. On October 20, 1989 ,Mr. Badgley then made application for a new busi- ness license; and that license was issued on December 5. In the meantime, on November 20, the Commission provisionally adopted an ordinance to allow recreational vehicle sales as a conditional use in the B-2 zone; and that ordinance was finally adopted on December 4. Mr. Morgan stated he feels that the City Commission's action, through adoption of the ordinance establishing recreational vehicle sales as a conditional use in the B-2 zone, was unlawful since it was contrary to the Zoning Commission's recommendation and the City Commission's previous approval. Mr. Greg Morgan then stated Mr. Badgley does not want to go through the condi- tional use process; and he feels that his operation should be grandfathered because of the City's varying actions during consideration of this issue. He noted that no one has stated the sales operation should not be allowed on the subject property; the only question raised is how they should be allowed. Mr. Morgan then requested that the Commission either de- termine that this operation falls within the parameters of equipment sales or determine the use is a permitted use. I n response to a question from Commissioner Goehrung, the City Attorney stated that he had submitted his January 19 memo to the Commission outlining his intended course of action on this item, in response to what appeared to be their stated intent. He noted that, since he had received no objections from the Commission, he had proceeded with in- forming Mr. Badgley that he must obtain a conditional use permit or cease operation. Mayor Hawks noted this type of situation will hopefully be avoided under the new zone code. He then stated that, following review of the ordinance based on the zone code amendment, the Commission concurred that this use was more appropriate as a conditional use in the B-2 zone and voted accordingly. He then asked if action on this item should be deferred for a period of one week to allow time for legal advice. City Attorney Becker indicated he will prepare a legal memo to address the respec- tive claims submitted by Mr. Morgan. Mayor Hawks requested this item be placed on next week's agenda for further con- sideration. 01-29-90 ,,- ". ~" . ~ ... ,- ., f~\. \'; ~,. ... ~ ~ - 3 - Decision - adoption of 1989 Bozeman Area Master Plan Update City Manager Wysocki reminded the Commission that a committee, including Commis- sioner Knapp and Commissioner Goehrung, worked during the past week to develop proposed revisions which appear to be acceptable to both the City Commission and County Commission. Planning Director Epple distributed to the Commission copies of the proposed re- visions, as prepared by the committee. Mr. Roger Craft reviewed the proposed changes, noting they were developed by a committee comprised of two City Commissioners, three County Commissioners, members of the City-County Planning Board representing both the City and the County, and represen- tatives from both Planning'staffs met for several hours to develop these revisions; and they represent a consensus of that committee. He stated that in preparing these re- visions, all testimony submitted by all persons was carefully considered and addressed in some manner. Mr. Craft then proceeded to highlight the revisions to the master plan, as con- tained in the page-by-page listing of proposed changes. Mr. Craft stated that there has been much discussion about the 20-acre minimum in the agriculture suburban land use designation. He noted that provision was included in the 1983 master plan; however, it was not carried out because the old zone code, which remained in effect after adoption of the new master plan, remained at a 10-acre minimum. Mr. Craft noted that the preamble to the goals section has been a topic of consider- able discussion. He noted that I nsert No. 4 in the proposed changes provides revised verbiage for that section; and it was accepted by the committee. Mr. Roger Craft then stated that the rural residential section has been slightly revised to provide more flexibility in development of those areas. He noted that clustered development is an option; and another option added was to utilize the planned unit devel- opment process to develop the urban residential densities, so long as 50-percent open space is maintained. In response to a question from Commissioner Frost, Mr. Craft indicated that the recommendations forwarded by the Recreation Advisory Board have been included in the proposed changes, as Insert No.5. In response to another question from Commissioner Frost, Mr. Craft stated the con- cerns raised by Director of Public Service Forbes have been incorporated into the proposed changes. He noted that the chart for the capital improvements program will be adjusted as necessary. He then indicated that flexibility in street standards has also been accommodated in the revisions. In response to a question from Mayor Hawks, Mr. Keith Swenson stated the entry- 01-29-90 ? '.;~ .. I . { ".. . .1 ~ - 4 - . way corridor section has been written to provide a basis for the entryway corridor regu- lations and sign ordinance portions of the zone code. He noted this section states that entryway corridors are extremely valuable to the community and are built at the public taxpayers' expense. He stated that the appearance, as well as the safety, of those corri- dors is extremely important. Planning Director Epple made a correction to the proposed change on Page 59, to read "... Enlarge Rural Residential Note to include a total of ~ acres with ..." Commissioner Frost asked if there are any items contained in these changes that have not been previously addressed or heard by the Commission; Mr. Craft responded there are not. I n response to a comment from City Manager Wysocki, Mr. Swenson suggested that the language in the third paragraph under entryway corridors be changed from "... cer- tain arterial routes on the periphery of the City ... II to II... within the jurisdictional area " . . . Mr. Swenson then suggested that the language on Page 61 under Rural Residential Node be revised to include II... and all off-site community (County, City, School District or public agency) impacts are satisfied by construction or cash-in-Iieu payments." Commissioner Knapp noted that the proposed language for Page 61, as contained in the memo submitted, represents a compromise reached after eight hours of deliberation. City Manager Wysocki asked if waivers of protest for various improvements was dis- cussed. Mr. Swenson indicated it was discussed ; however, it was not accepted by the Coun- ty. He then suggested that provision could be added later if determined desirable. Commissioner Frost noted that items have been added during this review and asked how the Commission can be sure that all of the proposed revisions have been incorporated into the new document. He also asked if there is some procedure for adding those items that may have been inadvertently omitted during the revision process. Mr. Keith Swenson suggested that the Commission adopt the master plan with the revisions submitted so the zoning process can be pursued. He noted that after the re- visions have been made and the plan reprinted, a period of time could be allotted for mak- ing any corrections caused through typographical errors before the finalized document is printed and distributed. Commissioner Swanson asked if a committee will be appointed to review the document to ensure its accuracy prior to final printing. Planning Director Epple responded it will be carefully reviewed on a page-by-page basis. He then noted that approval of the document, with revisions, at this time would help to move the process forward. 01-29-90 -'- ~ '" - -"- .. , . 1 '-: f . t. . 4 . . " - 5 - . . , In response to a question from Commf-ssioner Swanson, Mr. Keith Swenson reviewed the third alternative for development of rural residential properties. He noted these prop- erties are located in the outer ring around the city, just barely within its jurisdictional a rea. He stated that a developer may, through contributions to offset the impacts gen- erated and through provision of central services, develop a parcel to urban residential densities so long as 50 percent open space is maintained. He noted that the size of lots may be mixed as determined appropriate; however, a minimum of one unit per acre based on the total acreage in the project must be maintained. Mr. Swenson stated this alterna- tive is acceptable to the County Commission, because they are concerned about the impacts of residential development on County services. Mr. Gene Cook, owner and developer of property, asked about how these proposed modifications to development of residential properties might affect his parcels; Mr. Roger Craft and Mr. Swenson responded. Mr. Cook stated it is not practical to expect a developer to install a sewage treat- ment facility so he can develop a parcel to urban densities, due to the cost of such facil- ities. He noted, therefore, the only practical option is to tie onto City services, which are not available for much of the rural residential area. Ms. Daria Joyner, Bozeman Area Chamber of Commerce, encouraged the Commission to not take action on this item until after they have had an opportunity to carefully review the written revisions where submitted at the beginning of this agenda item. Commissioner Goehrung stated he was involved in developing the proposed re- visions, since he served on the committee. He then highlighted some of the changes which he feels are important. He noted that the revisions made to the Rural Residential Node, as listed on Page 61 of the master plan, reflect a compromise with the County Commission; and those revisions seem to have caused confusion. He noted there are three alternatives for suburban development and three alternatives for rural residential development under the master plan as revised. The Commissioner stated that he agreed to the revisions con- tained in the document distributed at the beginning of the meeting on behalf of the Com- mission; however, he feels each Commissioner should determine for himself/herself if they are acceptable. He then suggested the possibility of revising the date on the front of the document from 1989 to 1990, since it is being finalized in this calendar year. Mayor Hawks asked if the Commissioners are comfortable with the master plan and its proposed revisions; each Commissioner in turn responded affirmatively. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission conceptually approve the Bozeman Area Master Plan Update, containing the No- vember 22, 1989, document as prepared by BRW, along with the proposed revisions dated January 29, 1990; and that the finalized document be prepared and final ized following an 01-29-90 - , Jt'~~~\ -I - 6 - adequate review period to ensure its accuracy. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Commissioner Goehrung asked if the master plan is to be printed locally; Mr. Craft responded it will be. The Commissioners then thanked the Planning staff, ad hoc implementation committee and former Commission for their dedication to this process. Break - 4:17 to 4:23 p.m. Mayor Hawks declared a break from 4:17 p.m. to 4:23 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. City Manager Wysocki presented Ordinance No. 1300, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1300 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 3 OF ORDINANCE NO. 1235, AS CODIFIED IN SECTION 12.20.035 OF THE BOZEMAN MUNICIPAL CODE, BY DELETING THE PHRASE "CURBS, GUTTERS OR COMBINATION THEREOFII. The City Manager reminded the Commission that the former Commission had directed staff to prepare this ordinance. He noted that the length of time from notification to re- pair of the sidewalk is thirty days; and he feels that is a reasonable period of time. He then recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. In response to a question from Commissioner Frost, the City Manager indicated this ordinance is very similar to the ordinance proposed late last year. He noted one differ- ence is that the length of time from notification to repair of the sidewalk was ten days, which he feels may have been too short a timeframe. Mayor Hawks stated he will not repeat his previous objections to adoption of this ordinance; however, he noted he is basically opposed to shifting liability to the private property owners for improvements in the public right-of-way. The Mayor stated he feels a comprehensive review of sidewalk policies and programs is needed, suggesting staff under- take that process as soon as possible. He then indicated support for adoption of this or- dinance at this time, since it eliminates curbs and gutters from the property owners' re- sponsibility. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the 01-29-90 ... -, .. ..J ..:i"~ \. i ~f - 7 - . . Commission provisionally adopt Ordinance No. 1300, amending Section 12.20.035 of the Bozeman Municipal Code, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Memorandum of A Coordinatin Committee; dis- cussion re role 0 The City Manager reminded the Commission that they had considered this item at last week's meeting, concurring with the revisions recommended by the State Department of Highways. Planning Director Epple submitted to the Commission revised drafts of the Memoran- dum of Agreement and By-Laws for the Transportation Coordinating Committee. He noted the changes approved at last week's meeting have been incorporated into these documents. He then stated the County Commission requested that the terms for citizen members be set as two-year terms; and that change has also been added, as follows: liThe citizen mem- bers of the Committee shall be appointed by the appropriate governing body for terms of two years. II He noted that the County has established December 31, 1991 as expiration of the term for its citizen member. The Planning Director stated that he and Mr. Roger Craft, Chairman of the City-County Planning Board have already signed the documents. He indicated that after the Mayor and Clerk of the Commission have signed them, he will take them to the County for signatures, then forward them to the State Department of Highways to obtain their sig- natures. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Memorandum of Agreement and By-Laws for the Transportation Coordinating Committee, and authorize and direct the Mayor to sign said documents. 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, none. Appointment of Commissioner Liaison to City-County Planning Board City Manager Wysocki stated that Mayor Hawks had requested this item be placed on the agenda. Mayor Hawks stated that for several years, a Commissioner Liaison was appointed to the City-County Planning Board; however, no such appointment has been made the past few years. He noted that with the changes on procedure that are proposed under the new 01-29-90 .f ...,~) :11. .L . I , :;. - 8 - . . master plan and zone code, he feels it is important that a Commissioner be appointed to observe the actions of that body and report to the Commission as deemed appropriate. The Mayor suggested that, due to the importance of observing these actions, it may be appropriate to appoint an alternate as well as a liaison. He then asked if any Commission- ers are interested in serving in this position. Commissioner Frost stated an interest in serving as the liaison; Commissioner Knapp volunteered to serve as alternate. Commissioner Swanson asked how the Commissioners Liaison will report back to the Commission. Mayor Hawks responded it would be appropriate to submit a report under IIFYI Items, II possibly following the City Manager's weekly report. It was moved by Commissioner Goehrung, seconded by Commissioner Swanson, that the Commission appoint Commissioner Frost to serve as Commissioner Liaison and Commis- sioner Knapp to serve as Alternate Commissioner Liaison to the City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Swanson, Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. Discussion -' Capital Improvement Program for Fiscal Year 1990 City Manager Wysocki submitted to the Commission the listing of proposed projects to be funded in Fiscal Year 1990, along with a five.,.year listing of capital projects by de- partment and a listing of vehicles currently in the City's fleet. He then briefly highlight- ed those projects proposed for funding in Fiscal Year 1990, noting a majority of those items are replacement vehicles. He also indicated that two of the projects have already been completed, the second exit at the Fire Station and purchase of land for a future surge basin. The City Manager stated thisisa nine-month fiscal year, which will then place the capital improvement program on the same fiscal year as the operations budget. He stated that, in response to comments from the auditors, this is the last year the capital improve- ments items will be separated from the operations budget. The City Manager stated that capital items are listed in three basic categories: critical items are those needed to maintain operations; essential items are those which will ensure that existing services are maintained or enhanced; and desirable items are those items which are not needed but would be nice to have. City Manager Wysocki stated that funding for the capital improvement items will be from the General Fund and the three enterprise funds, which include the Water Fund, Sewer Fund and Garbage Fund. 01-29-90 ... ,.. 't... J i~ 'f. \~ -....l ~ - 10 - , , - , - 9 - Mayor Hawks asked how these capital improvement items tie to the goal-setting pro- cess. The City Manager responded that a number of the items contained in the funding list are in response to the Commission's goal-setting process from last spring. He stated the response to capital needs caused by this year's goal setting will be much quicker, since the capital improvement items will be contained in the operations budget. Commissioner Frost suggested that a user fee be established for the tennis courts in the parks, to help defray the costs of items such as repair of the bat board which is contained in the listing of projects to be funded. The City Manager responded it would be very difficult to charge those fees, noting it would require having someone stationed at the tennis courts at all times. Mayor Hawks asked if the major work done on the restrooms at Cooper Park last summer will defer the project listed in the capital improvement program for Fiscal Year 1991 . The City Manager noted that the work done last summer was surface type work. He noted that if the project can be slid for another year, it will be. Commissioner Frost asked if the monies for the tree maintenance district are to come from assessments for that district; the City Manager responded affirmatively. The Commissioners then reviewed the five-year listing of capital improvement pro- gram projects, asking questions to which the City Manager responded. Commissioner Frost asked what I NTERCAP is. The City Manager responded that is a State loan program, under which pooled monies are loaned to local governments for up to five years at a low interest rate. He noted this program was utilized for the recent re- modeling of the swim center as well as purchase of the System/38 computer. Commissioner Frost noted that, ideally, a number of major purchases are listed for Fiscal Year 1991, questioning how a determination will be made on which will be funded. The City Manager responded that the goal-setting process will help to determine what items are needed during the next fiscal year. He noted that if an item is not determined to be extremely critical during the budget process for the upcoming fiscal year, it is pushed out another year. He then indicated that the next year after the current fiscal year in a five-year plan is typically overloaded because of projects that have been pushed out from the current year to meet the monies available. City Manager Wysocki stated that over the past few years, vehicles moved from the police car line have been sifted into various departments to meet their vehicle needs. He noted that this allows those cars to remain in the City's fleet for a few more years, in a capacity that is less demanding. He indicated he plans to continue utilizing this process, thus reducing the need to purchase new ones. He stated it is important to maintain one 01-29-90 . .. _J. ~ I. "'""",,- J' p 0;; , " - 11 - of priority projects. Although dealing with the same interchange, this activity is separate from those being carried on with Senator Baucus. (7) Police Chief George Tate is in the hospital, following a mild heartache. (8) The budgeting process for Fiscal Year 1991 has begun, with budget request forms being distributed to department heads for completion by February 9. (8) Commissioner Goehrung reminded the Commission of the meeting on recycling to be held at the Pilgrim Congregational Church at 7:00 p.m. Commissioner Swanson noted a meeting has been scheduled for the City and County Commissioners at 3: 15 p. m. that day at the same location as well. (9) Commissioner Goehrung noted that the deadline for renewal of dog and cat licenses is February 15. He then requested that discussion on dissemination of information in conjunction with licensing or animal control be placed on next week's agenda. (10) Commissioner Goehrung noted the RFP Committee is currently checking the references for the four firms interviewed last week. He noted that a firm should be se- lected within the next two weeks. (11) Commissioner Frost suggested that a get well card be forwarded to Pol ice Chief Tate from the Commission. Clerk of the Commission Sullivan indicated she will bring a card to the evening ses- sion for the Commissioners to sign. (12) Commissioner Swanson thanked Commissioners Knapp and Frost for the time they spent during the past week serving on a sub-committee to prepare revisions to the master plan. Mayor Hawks stated his thanks as well. (13 ) The City Manager distributed to the Commission a memo from City Attorney Becker expressing his concerns about some of the provisions of the proposed zone code, which is to be considered for adoption under the interim zoning ordinance this evening. Mayor Hawks noted the memo just received from the City Attorney should be for- warded to the Chairman of the City-County Planning Board so he has an opportunity to review it prior to this evening's public hearing. He then indicated he wi II take a copy to the Chairman immediately following this session. The City Manager then distributed to the Commission a revised interim zoning ordi- nance. He noted the revised document includes three additional "whereases" to ensure there is no misunderstanding that the City intends to enforce the current zone code in the one- to three-mile radius outside the city limits. Consent Items The City Manager presented to the Commission the following Consent Items. 01-29-90 ... " '.. ,.J ...4-..,',~'::'''''''~ ~' \.; '\.. , . - 12 - A A Ski Club rounds - e ruary 2, 1990 It was moved by Commissioner Frost, seconded by Commissioner Swanson, 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 Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Recess - 5:25 p.m. Mayor Hawks declared a recess at 5:25 p.m., to reconvene at 7:00 p.m., at the ~ Community Room of the Gallatin County Courthouse for the purpose of conducting the scheduled public hearing. Reconvene - 7 :00 p.m. Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearing. Public hearing - interim zoning ordinance This was the time and place set for the public hearing on the interim zoning ordi- nance, as reviewed by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO 76-2-306 MONTANA CODE ANNOTATED, ESTAB- LISHING AS AN INTERIM ZONING ORDINANCE THE DRAFT CITY OF BOZEMAN ZONING ORDINANCE DATED JANUARY 18, 1990, AND THE DRAFT CITY OF BOZEMAN SIGN ORDINANCE DATED JANUARY 3, 1990, AS PRE- PARED BY THE CONSULTING FIRM OF BRW, INC., AND REVISED BY LO- CAL OFFICIALS, WITH SAID INTERIM ORDINANCE EFFECTIVE WITHIN THE CITY LIMITS AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD OF SIX (6) MONTHS FROM THE DA TE OF ADOPTION OF TH IS ORDI NANCE. Mayor Hawks opened the pl.:'bllc hearing. City Manager Wysocki reminded the Commission that this public hearing is being held on the slightly revised ordinance which was distributed just prior to close of the af- ternoon session. He then noted the Commissioners have received a memo from City Attor- ney Becker, dated January 29; a memo from Mary Vant Hull, 416 East Story, dated Janu- ary 29; a letter from Donald and Gloria Kreitz, 2001 Fairway Drive, dated January 29; a letter from Lee Stroncek, 818 South Black Avenue, dated January 22; and a letter from James and Lois Martin, 1330 South Church Avenue. Mayor Hawks stated the Commissioners have also just received a letter from Debbie 01-29-90 i -!.' 'I' }"~":~':' f. ~ .' '. "- . .~.\ - 13 - , Berglund, 803 South Church Avenue, in addition to letters from William Sebena and the Bozeman Child Care Team. Planner Ron Brey presented the staff report. He reminded the Commission that the interim zoning ordinance would include the January 18, 1990 draft of the proposed zone code and the January 3, 1990 draft of the sign code. He noted these documents have been prepared over an extended period of time by BRW and local advisory boards, in con- junction with the updated master plan which was adopted in revised form this afternoon. He reminded the Commission that the master plan provides the conceptual groundwork, while the zone code implements that plan. Planner Brey reminded the Commission that, per State statute, the interim zoning ordinance will apply only to the city and one-mile beyond the city limits. He then high- lighted the various sections of the proposed zone code, which include the various zoning districts, historic preservation and conservation districts and overlay districts for the entryways to the community. Planner Brey reviewed the changes to the draft zone code which were made as a result of the January 8, 1990 public information meeting. He briefly highlighted the A-S, Agriculture Suburban, District as well as the R-S, Residential--Suburban Country Estates, District. He noted the R-2A, Residential--Single-family--Medium-density, District was in- advertently omitted from the draft document but was added following the January 8 meet- ing. He noted a copy of that section has been forwarded to the Commission for their re- view. The Planner stated that an R-3A, Residential-- Two-family--Medium-density, district has been included in the new zone code; and there was no similar designation in the past. The Planner then reviewed the proposed revisions in the B-3, Central Business, District; and the BP, Business Park, District, which replaces the TR, Technology Re- search, District. He then indicated the historic mixed use section is designed to ensure that only compatible development is allowed in the historic areas. He noted there are sev- eral overlay districts included in the document; and design criteria have been established for entryways. Planner Brey stated that screening and landscaping are emphasized in the new doc- ument; and mature live vegetation is allowed and encouraged as a form of screening. A provision for cash-in-Iieu payments for parking has also been added. The section on home occupations has been expanded to allow a greater opportunity for home businesses, includ- ing provisions to allow use of an accessory building and to have a half-time employee. The Planner stated that the review procedures have been dramatically revised. He noted that any development except single-family or two-family projects, would be subject to site review, including notification to property owners in the immediate area. Minor site plans would be subject to review and approval of the Development Review Committee 01-29-90 ~ ri' ; ~}:'.. ~..' !l~, ~ " - 14 - . (DRC). Major site plans would be subject to review by the DRC, with recommendations to be forwarded to the City-County Planning Board, which would have the final approval. The Planner stated that decisions made by the Planning Board could be appealed to the City Commission, by individuals with standing, within two working days. Documentation for the appeal must then be filed within three days. The City Attorney is to review the appeal and make a determination on whether it is applicable within three working days; and a hearing must then be held within fourteen days. Planner Brey then briefly highlighted the provisions of the sign code. He stated that under the new code, portable signs are prohibited; and the allowable height of free- standing signs ranges from 8 to 28 feet, depending on the zoning district and location of the sign in relationship to the front property line. No free-standing commercial sign is , , allowed in a residential district. Tht!! face of a :free-standing sign may range from 48 to 96 square feet, depending on the locati.on of the sign in rela~ionship to the front property line. The Planner noted that historical signs ate to be addressed as such; and all other non-conforming signs in tbecommunitywould be subject to an amortization schedule set @ forth in the code. .' Planner Brey stated that the City-County Planning Board has recommended that the composition of the Development Review Committee be revised to include lithe Recreation Superintendent or designee" prior to adoption of the interim zoning ordinance. He then noted that, although the composition of the DRC is set forth in the code, that does not preclude the addition of someone with desired expertise to review a specific proposal. The Planner stated that under the new zone code, public notice would be sent to property owners within 200 feet, or a greater distance if determined necessary by the Planning Director, for any project larger than a two-unit residential development. This will eliminate problems, such as were incurred with the recent construction of a Pizza Hut on West Babcock Street, in a basically residential area. He noted that all conditional use permits and planned unit developments will be advertised in the newspaper, as they have been in the past. The Planner stated that the setback requirements in the entryway corridors have been revised downward. He noted that the Class I setbacks have been changed from 80 feet to 50 feet; and the Class II setbacks have been decreased from 50 feet to 25 feet. Planner Brey stated that the City-County Planning Board has appointed several sub-committees to work toward a final draft of the zone code. He stated that the interim zoning ordinance would be based on the January 18 draft of the zone code and the Janu- ary 3 draft of the sign code; however, those documents will be revised as determined ap- propriate prior to final adoption. He then suggested that if the Commission decides to adopt the interim zoning ordinance, the fee schedule from the existing zone code should be 01-29-90 -"",,,,-,--_.._~" . "'"' ~''IIII!':". "I"~,.J... <J;. ' 1 ' .' - 15 - adopted by resolution because the updated fee schedule for the new zone code has not yet been developed. In response to a question from Mayor Hawks, Planner Brey stated that a third op- tion for development in the rural residential areas has been established. He noted that this revision brings the zone code into compliance with the master plan as adopted. Mr. Sherm Jahnke, 415 North 17th Avenue, submitted a copy of his testimony to the Clerk. He stated he feels it is important that newspaper advertising for conditional use permits and planned unit developments be retained, particularly since those projects may affect more than just the immediate neighborhood. Mr. Jahnke then expressed disapproval of the appeal process as opposed. He sug- gested that the proposed process is restrictive, providing that the City Attorney make a determination on whether an appeal is valid, and establishing an extremely short appeal period. He suggested this process should be revised to provide that the City Attorney review the appeal and make a recommendation to the next higher body, rather than making a decision. He also noted that new evidence may not be considered on appeal, questioning why not. Mr. Jahnke then spoke on behalf of the Headwaters group of the Sierra Club, stat- ing opposition to the proposed rezoning of the area generally along Ice Pond Road from RS-l to R-3A. He noted the subject area is located along Sourdough Creek; and it is im- portant to protect those fragile riparian areas. He further reminded the Commission that Goal No.2, as listed on Page 45 of the Master Plan states, "Support the establishment and maintenance of greenbelts and/or open space, Including the preservation of trail and open space corridors along creeks, ditches, and utility easements"; and one of the implementa- tion policies proposes purchase of land along Sourdough Creek for eventual park and open space corridor development. Ms. Monna Stasney, 513 South Tracy Avenue, asked questions about the historic district regulations and sign code, to which the Mayor responded. She then stated they have lived in their present home for twenty-one years. She noted they have made several improvements to the property and plan to make more, expressing concern that the zone code could establish government1\tontrol of which she does not approve. She then stated she feels the same way about the sign code, noting that people who have invested in the community and established businesses should be given the opportunity to choose their signs. Ms. Stasney noted that if the master plan and zone code are restrictive, a lot of taxpayer money could be expended in the appeals process. She also stated she feels it is important to encourage and attract business, but restrictive regulations could drive busi- ness away. 01-29-90 . <j""'! oo!'~ ':f':"}''''' ......' . r ,. ; - 16 - . ; Mr. Stephan Custer # 511 West Spring Creek Drive, submitted a written statement, which he highlighted. He stated the master plan is implemented by the zone code; and both documents are designed to protect the health, safety and welfare of the Bozeman ar- ea. He then stated he is generally satisfied with the master plan as adopted; however, he does have some concerns about the proposed zone code. He noted that the zone code seems to limit public input, through lack of advertising to notify the general public of proposed projects. He then requested that the Commission retain the present notification requirements, particularly the newspaper advertisement. Mr. Custer stated the present code allows any taxpayer to appeal a decision; however, under the new code, only the ap- plicant or a party owning or possessing an interest in the subject property may appeal; and the time for appea I is I imited to two days. He stated he feels this process is inade- quate because it does not allow concerned parties to appeal, nor does it allow time to con- tact an attorney. He then suggested that a week would be a more reasonable timeframe. Mr. Custer then expressed concern about increasing the zoning density along Sourdough Road, which already incurs hazardous traffic situations. He also noted that a portion of that area is located in the flood way ; and increased densities are not compatible with such overlays. He then reminded the Commission that the public health, safety and welfare must be addressed, since protection of those elements is the basis of this docu- men t . Mr. Custer then encouraged the Commission to not adopt the interim zoning ordi- nance, particularly due to the zoning controversies which would arise because of the dis- trict designations that would be changed by the document. He also noted that pUblic ac- cess to the process should be addressed prior to adoption of any document. Ms. Shannon Walden, 2124 North Rouse Avenue, stated that existing residences in non-residential zones are not adequately protected. She then stated opposition to the proposed sign code with its lengthy schedule attached, suggesting that a committee of con- cerned individuals who are impacted by the code should participate in its development. Ms. Lisa Moellenkamp, 421 Staudaher, member of the Bozeman Child Care Team, noted they have submitted a letter to the Commission suggesting zones in which "day care centersll should be inserted. She requested that the Commission add this to the zone code prior to adoption of the interim zoning ordinance. She noted that they have worked closely with the Planning staff in preparing this recommendation. Ms. Marie Gambill, 512 North Bozeman Avenue, stated she owns six lots on North Montana Avenue and asked how the new zone code would affect them. Planner Brey responded that if the lots are undersized, the use could be limited, even though there is no zone change in that area. He noted that if the lots are contigu- ous, they could be combined in some way to comply with the zone code. 01-29-90 . . f'."" \. .... - 17 - ) Mr. Jim Vernon, 1008 South Church Avenue, stated support for the testimony that has been previously submitted. He then stated opposition to the proposed down-zoning from RS-l to R-3A for the property along Sourdough Creek, particularly due to the flood- plain and topographical constraints. He stated the existing neighborhood is nice, and he does not want to see it changed. Mr. Vernon then stated that traffic access would be dif- ficult if the density were increased, particularly with the speed at which traffic travels along South Church Avenue. Mr. Scott Heck, 1725 West Koch Street, stated he will soon be moving to 700 Dell Place. He then noted that in the older ,residential areas, such as along East Story Street and Dell Place, the streets are narrow with parking on both sides and only a single lane of traffic. He noted that lack of garages and off-street parking areas adds to the traffic problems; and higher density zoning will only compound those problems. Mr. Heck stated he does support notification by mai I of the property owners near proposed new construction; however, he does feel the two-day appeals period is too short. Mrs. Sarah Zimmer, 299 Donnegal Drive, asked how the change in the master plan from ten to twenty acres under the AS designation will affect her property. She stated objection to implementation of that requirement through the interim zoning ordinance be- cause of the impacts it could cause for those who own ten-acre parcels. Planning Director Epple stated that one may still obtain a building permit to improve a ten-acre AS parcel. He noted that the only way the parcel could be subdivided would be through the planned unit development process, with central services. Mrs. Zimmer stated the only practical way to utilize central services is through ty- ing onto City services; and those'are not available to many of the AS zoned properties. She then expressed concern that this requirement will cause people to jump outside the ju- risdictional area to develop. Mr. Michael Delaney stated he owns a number of parcels in the community that will be affected by the master planning and zoning processes. He stated he is generally in support of the plan, noting that flexibility seems to be one of its most important aspects. He noted that, due to changes in the market, he would suggest that language be added at the beginning of each zoning district section that would stipulate that if an applicant has property which abuts or is across the street from a different zoning district, those uses could be applied as a conditional use to that parcel. He noted this would trigger the pub- lic hearing process and would ensure that impacts of the activity would be mitigated. Mr. Lee Stroncek, 818 South Black Avenue, stated his property is on the edge of the down-zoned properties. He indicated he would prefer to see the property remain zoned RS-l instead of being changed to R-3A as proposed, noting the integrity of the area should be considered rather than the additional dollars that could be realized by the 01-29-90 " ..,;. ..~, ..j.s.~ ft- <, r " - 18 - . rezoning and attendant development. Ms. Hilary Dustin, 425 Ice Pond Road, stated she purchased her home in December, partially because of the open space, natural vegetation and wildlife. She then stated op- position to the proposed down-zoning of that area. noting that more intense development should not be encouraged. She also stated support for Mr. Jahnke's comments. Mr. Ted Lang, 521 West Olive Street, stated opposition to the historic preservation section of the zone code. He reminded the Commission of the attempt to create a tax in- crement financing district in the downtown area several years ago, noting the prediction at that time was that it would become a shambles if the district was not approved. He noted that the ensuing years have shown improvement of many of the downtown buildings. Mr. Lang stated he does not feel it is in the community's best interests to create regulations on how improvements may be made to historic structures in the community. He noted that older homes are being purchased and upgraded; and he feels it would be regressive to im- pose the proposed regulations and add a fee to the process. Mr. Lang also questioned how much the proposed regulations in the proposed zone code will cost the residents of Bozeman, and whether they are willing to pay these addi- tional costs of government. Ms. Janis Bullock, 507 Ice Pond Road, submitted to the Commission a letter from Mr. and Mrs. Robert SuHivan,405 Ice Pond Road, and Mr. and Mrs. George Roemhild, 417 Ice Pond Road, stating opposition to the proposed zoning change from RS-l to R-3A on their properties. They cited the fact that they had received no written notice of this proposed change, and noted they feel that this proposed change would compromise the in- tegrity of the neighborhood. Ms. Bullock then presented to the Commission a petition dated January 1990, con- taining 25 signatures, requesting that the Commission not rezone the property in the area of Ice Pond Road to R-3A, but rather retain an RS-l or R-l zoning designation. S he noted that the low-residential designation is consistent with the character of the neighborhood, and is more realistic given the physical limitations of the area. Ms. Bullock stated that, clearly, a majority of the people in the Bozeman Creek area support the existing zoning designation rather than the proposed designation. Mr. Robert Lee stated he is representing Hugh Reid, owner of the property at the end of Ice Pond Road. He stated support for the concerns raised by the residents of Ice Pond Road, noting that property is subject to physical constraints that Mr. Reid's proper- ty is not. He suggested that if the Commission determines that RS-l is not an appropriate city zoning designation, it should change the zoning to a designation which is similar rath- er than increasing the density to a medium-density status. He noted that one small corner of Mr. Reid1s seven-acre parcel is located in the 500-year floodplain; and surrounding 01-29-90 .. ''',' ... , 7:' """,:~ ;,f~~ ,( fa i , . '. - 19 - ! , properties are zoned medium-density residential. Mr. Lee then stated he feels it would be in everyone's best interests to consider the zoning along Ice Pond Road and Sourdough Creek separate from other zoning designations In that area. Mr. Charles Paden, 507 Ice Pond Road, noted he had submitted a letter dated Janu- ary 19 concerning this issue. He stated support for the comments which have been previ- ously submitted, particularly those pertaining to the zoning of the Ice Pond Road area and the appeal process. Mr. Paden stated that he feels that under the appeal process, the City Attorney review should be eliminated. He also stated the length of time should be lengthened from two days ~ a week. He stated that the limitation on who can appeal should also be elim- inated, noting that no frivolous appeals have been filed under the present system. Mr. Paden then addressed the proposed rezoning along Ice Pond Road from RS-l to R-3A. He stated the statutory intent of the interim zoning ordinance is to protect the public health, safety and welfare; and up-zoning that area from lOW-density to medium- density residential is contrary that intent. Mr. Paden then stated it is clear that a major- ity of the property owners in that area are opposed to the proposed rezoning. He noted they are also concerned about the lack of notice and question whether their legal rights have been violated by this proposed zone change. He also noted that if the zoning is changed under this interim zoning ordinance, it would be very difficult to get it changed back to its current status prior to adoption of the final document. He stated he and the residents in the area have no problem with changing the zoning designation to R-l if the Commission decides it does not wish to retain the RS-l zoning, since that is inappropriate for an urban designation. Mr. Charles Paden then reminded the Commission that a medium-density zoning des- ignation would be inconsistent with the master plan designation of low-density residential for that area because of its physical constraints and unique characteristics. He noted that the Sourdough Creek area should be protected as much as possible; and that issue is spe- cifically set forth in the master plan. Mr. Paden stated that in February 1984, the Commission asked the Planning Board to study the feasibility of protecting streams by im- plementing lOW-density residential designations. He noted the study was never undertak- en, but the interest was stated. He then reminded the Commission of the January 19 let- ter from the Recreation Advisory Board which encourages protection of that area and re- quests that any change in zoning designation not be made until after an assessment has been made. Mr. Paden reminded the Commission that the zone code is simply an application of the master plan; and the proposed zoning is not consistent with the master plan land use designation. He also noted the subject property is located within the floodplain and has a 01-29-90 ~ .~. .'.'t;~. .' ., . - 20 - 11I,\<1 . high water table. He noted there are no City services to a majority of the area; and to extend them would be costly. He further reminded the Commission that Sourdough Road is a sub-standard, two-lane collector roadway; and increased traffic would be a hazard. Mr. Paden then concurred with Mr. Lee that Mr. Reid's property should be con- sidered separate from the residences along Ice Pond Road. He noted there are currently five non-conforming commercial warehouses on that property, with limited traffic access. He encouraged the City to continue a dialogue with Mr. Reid in an attempt to find a zon- ing designation that would be appropriate for that site, suggesting that such a zone change should be made through the proper hearing process. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated support for the historic mixed use portion of the zone code. She stated, however, that she feels the decisions of the Historic Preservation Advisory Commission should be strictly advisory rather than mandatory. She noted that the entryway corridor setbacks have been revised downward; and she supports that change. Mrs. Joyner then commended the 'ad hoc committee that has worked diligently on the sign code. She suggested that the size of the sign should be proportional to the bui Iding, rather than within a set nmge of sizes. Mr. Jeff Rupp, 3116 Sourdough Ridge, stated he was on the ad hoc committee that helped draft the document presently under consideration. He stated that the process can be strenthened by increasing the provision for citizen input; and he feels that can be en- hanced by a provision for mandatory newspaper advertisements for all zone code changes and any other actions . He also stated the appeal period should be extended to five days; and all citizens should be allowed to participate in that process. Mr. Rupp noted that the sign code, planned unit development section and the his- toric overlay section are subjective at this time, but they can be replaced with objective review elements. He then stated that the master plan and zone code are only as good as their enforcement provisions. He noted that adequate time must be taken to address these issues. Former City Commissioner Mary Vant Hull, 416 East Story Street, stated general support for the interim zoning ordinance. She noted the ordinance can be adopted at this time; and people will know approximately what the procedure will be under the new zone code. She stated there are some areas which should be changed prior to adoption of the interim zoning ordinance, such as maintaining the zoning along Ice Pond Road and revising the appeals process. She suggested the possibility of an automatic appeal upon a split vote of the City-County Planning Board or where publiC opposition has been submitted at the public hearing. She also noted that the issue of heliports as a conditional use in the M-l zone should be reviewed prior to adoption of the interim zoning ordinance. 01-29-90 _~.___L~_~ . . . . -, . - 21 - . Ms. Vant Hull then stated that many of the people in her area would like to see the zoning upgraded from R-3 to R-2 rather than changed to R-3A as proposed in the new code. Ms. Vant Hull statec;tthatshe has submitted to the Commission a memo setting forth several minor changes; and she feels it is'important to incorporate those changes prior to adoption of the ordinance. Break 9:00 to 9:08 p.m. Mayor Hawks declared a break from 9:00 to 9:08 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Public hearing- interim zoning ordinance Mayor Hawks recessed the public hearing for the purpose of working with the staff and ad hoc committee members to address the concerns raised and draft revisions to the interim zoning ordinance document prior to action. The Commissioners then considered the various comments which have been received, going through the document page by page. In response to a question froffi.Cornmissloner Frost, it was noted that the Develop- ment Review Committee was established as a committee of professional City staff members to perform initial review of the application In a "one-stop shopping atmosphere." Following discussion, it was determined that the committee should remain as proposed, with the addi- tion of the Recreation Superintendent or designee. City Attorney Becker expressed concern about the format for listing of uses allowed in the various zones, noting that under the header "permitted uses" are listed "principal, II "conditional" and "accessory" uses; however, under the definitions it states "... cannot be properly classified as a Permitted Use In a particular district... II Planner Brey stated the structure of the new code was taken from the existing zon- ing code. He suggested that revision of the definitions might be easier than changing the headers on each of the applicable sections of the code. Commissioner Frost asked if the suggestions from the Bozeman Child Care Team are to be incorporated in the appropriate sections of the code; the Planning staff responded they are. Commissioner Goehrung noted a typographical error on page 35, in the word "mini- mum." In response to a question, Planner Brey stated that mobile homes are not specifical- ly allowed in any of the zonjng desIgnations. He indicated a willingness to discuss the is- sue with the City Attorney to determine if they could be included as a conditional use in 01-29-90 ~.' -" " ,~. ,~' ,'j:'};:',,,:, ,......... - . l\', '1.-...... .~', ,('";r;'~-' \ ",.'4 - 22 - some of the zones. Mayor Hawks expressed concern that the 100-foot lot width requirement in the R-O district could make it difficult to convert a residence to an office use. Mr. Roger Craft responded the intent of this code is to make offices the primary use in this district, with residential development occurring under the conditional use pro- cess. City Attorney Becker stated that under the existing zone code, existing residences were specifically permitted in the various business, commercial and industrial zones; how- ever, they have been eliminated in this new document. Mr. Craft responded that the existing code was revised to accommodate those resi- dences in the northeast sector; however, that problem has been addressed in other ways in this new document. City Manager Wysocki raised the issue of the second-floor residences along Main Street, noting they would be non-conforming under the new code. On page 43, reference to II R-3A II is missing under the "building heightll re- strictions. Commissioner Frost questioned the IIComm.ercial--Light Manufacturingll title on the M-l district. Mr. Swenson suggested the title could be changed to "Light Manufacturing", with a stipulation in the "intentll section which specifies that certain types of commercial develop- ment are to be allowed. Commissioner Goehrung questioned allowing heliports as a conditional use in the M-l zone, as currently listed on page 52. Mayor Hawks noted that as a conditional use, impacts on residential neighborhoods can be addressed. Following a brief discussion, the'G0r11missiontoncurred that "heliportsll should be deleted from the interim zoning ordinance. They further concurred that heliports and " personal airfields should be re-4Ivaluated prior to 'adoption of the new zone code. Commissioner Goehrung. questioned the fact that nO height limitations are Included in the "PLI" zoning district. Planner Brey responded there are no height restrictions for "PU" in the present code. Mr. Keith Swenson noted the provisions of the historic preservation overlay district could be very difficult to apply and may create a legally vulnerable type of situation. He noted that under this section of the code, any new construction or remodeling would be required to conform with the period and style of the existing neighborhood; and that would be accomplished through a negotiation process. 01-29-90 ~ - .. , "'. f.,'" ~~'- . ,,~:.,t:::'L';"'\....: -' .." . - 23 - , . Commissioner Frost stated this section has met with negative public reaction. He also expressed concern about the power given to an advisory board in this section, stating he feels their decisions should be strictly advisory. He also questioned the cost of imple- menting this section. Mr. Swenson stated his guest column in Sunday's edition of the Bozeman Daily Chronicle set forth the process and costs incurred under the new code. He questioned how the new code would interfere with people's property rights, especially since zoning was first implemented in Bozeman in 1949. Mr. Swenson stated the neighborhood conserva- tion and historic preservation overlay districts are designed to provide relief from the underlying zoning designation and provide flexibility in renovation or construction. He noted this section removes the bureaucratic actions required under the present code, such as variances; therefore, this new district results in less cost in time and money. He stat- ed that the possibility of making this section voluntary was suggested; however,' he noted that approach does not seem to work. Mr. Swenson noted that in the historic neighborhoods, some of the homes are being upgraded through renovation; however, some homes are being downgraded because the people are not aware of the manner in which renovations should be done to upgrade them. City Attorney Becker expressed concern about the authority given to the Historic Preservation Advisory Commission under this section. He noted that the code provides for appeal of HPAC decisions to the City Commission; however, he cannot find any statutory authority for that process. He stated the State statutes empower only the City Commission and the Board of Adjustment to make decisions concerning zoning issues, with no provision to delegate that responsibility. Mayor Hawks asked the City Attorney if he is challenging the power of the Zoning Commission. The City Attorney responded the Zoning Commission has advisory powers only. He then stated he is not aware of any Zoning Commission with other than advisory authority in Montana. In response to a question from Mr. Swenson, the City Attorney stated one of his major concerns is that the proposed zone code circumvents the procedure of going to the Board of Adjustment and the courts. He also expressed concern about the length of time provided for the appeal process--two days to file and five days to perfect the appeal-- noting that appeal of a Board of Adjustment decision to District Court must be filed within 30 days. Mr. Swenson cited a legal interpretation issued twenty years ago in another state which provided latitude on the deciSion-making authority. Commissioner Swanson asked if the City has some type of degree of certainty from BRW that the document is legally defensible. 01-29-90 .....-,..;' . . >t::,n. .. " ..,.';,.". ..~j ~ . ,. , "!" . - 24 - . Mr. Keith Swenson stated that BRW has submitted a document which is legally de- fensible as to form. He indicated the City Attorney has the final say on whether the con- tents and provisions of the document are legally defensible. City Manager Wysocki suggested the Commission may wish to seek an Attorney General's opinion on the authority of the Historic Preservation Advisory Commission. He noted that he had previously raised the question of legal review; and he was assured at that time that the document from BRW would be legally defensible. Commissioner Frost suggested that the City seek an Attorney General's opinion on this item, making any necessary changes after that opinion is received. Mayor Hawks raised the question of rezoning along Ice Pond Road, which has been extensively protested. Commissioner Knapp suggested that proposed areas which are contested because of proposed zoning change which increase density, such as the Ice Pond Road area, will be designated in the interim zoning ordinance as they are presently zoned. S he noted those areas could then be addressed prior to finalization of the zone code. Following discussion, the Commission concurred with the proposal, noting that the proposed rezoning for that general area be included in the interim ordinance, except for along Ice Pond Road, which will remain RS-l. City Attorney Becker stated he has concern about the provisions of the entryway overlay district, since it provides for an advisory body to make decisions. Mr. Swenson stated that in other parts of the country, decisions involving historic preservation and community aesthetics are made by bodies comprised of professional people specifically skilled irl; design; and those decisions seem to carry more weight in court. He stated that it is important that the decisions made by the body are clear and uniform, without subjectivity. Planner Brey stated the setbacks for the entryway overlay district have been reduced, as noted earlier in the public hearing. He then stated that under Section 18.43.040, on page 78, the section referenced should be changed from 18.44.020 to 18.43.030. Commissioner Frost stated that Section 18.44. 180 establishes an appl ication fee for floodplain permits, suggesting that should be relocated to the front of the document along with the other fees; Planner B rey concurred. Commissioner Frost suggested that subsection g. on page 103 was revised to include "decorative wall or landscaping;1I staff concurred. Commissioner Frost noted subsection d. on page 104 specifies that corrugated metal is prohibited. He then asked if that provision should be extended to apply to any M-l building facing or adjacent to a residential area. 01-29-90 .;.. -~------'--"------.. ..- i Of.) .; A . '..':" '. --:, .:~:"'<. -. '.' ~!.~' . - 25 - . . Following a brief discussion, the Commission concurred the concept might be nice; however, they concurred it should not be included. City Attorney Becker asked' what the process is for granting permission for an ac- cessory use under Section 18.50.050. Planner Brey stated accessory uses and structures would be subject to the site plan approval process, noting that accessory structures to single-family structUres would not be subject to such review. He suggested that ,issue could be further addressed by the sub- committee formed to review this documeht. , In response toa question from t11e City Attorney, Planner Brey stated that acces- sory uses to permitted uses are allowed under the present code. He noted that the pro- cess for allowing accessor;yus~s' to conditional uses is unclear in the present code. '. ~ ': - ~ Ms. Debbie Berglund' noted that sub-sections C. and E. under Section 18.50.050 address the same thing and should be combined. In response to a question from Commissioner Frost, Planner Brey stated that sub- section 2.a. on page 113 applies to accessory uses; and those uses are subject to land- scaping and setback provisions. He indicated that these provisions will be reviewed and adjusted if necessary prior to final adoption of the code. Mayor Hawks suggested that trees which are trimmed to a certain level be excepted from the provisions of Section 18.50.080. He noted there are many trees along the public right-of-way that would not meet the provisions of this section if they were not excepted. Planner Brey suggested the poles for free-standing signs in the site triangle should also be addressed under that section. At the bottom of page 116, reference to Section 18.50.100.D.b. must be corrected. Under Section 18.50.100.A. on page 117, delete the word "causing" at the begin- ning of line 4. Planner Brey noted an, error in the table on page 134, noting it will be corrected prior to adoption Of the interim zoning ordinance. Mayor Hawks questioned whether "full time equivalentll could be substituted for lIemployee" for IImedical and dental offices II in the parking requirement table on page 143. He noted that many employees are hired on a part-time basis; and this would provide a more accurate reflection of the number of parking spaces needed. Mayor Hawks expressed concern about the provision under subsection D. on page 156, which specifies that appeals about home .occupations be submitted to the Board of Ad- justment. Planner Brey stated that the zoning administrator usually makes decisions on issues such as home occupations; and those decisions are appealable to the Board of Adjustment. He suggested this section could be revised so the City Commission makes the decision. Mr. Roger Craft raised a question about the language of Section 18.50.160.D. on ""~ ~ 01-29-90 , .. '\k:"'~' .~ ":~, -, ;"-;."'~',,,(,,':' ,,~\,:,':'I..,) .' .., --r- . - 26 - page 157. Following discussion, the Commission concurred the language should remain as it is; however, it should also be reviewed prior to final adoption of the zone code. Under subsection b. on page 158, the zoning districts R-3A and R-2A were in- advertently omitted. The Commission then moved to the appeals process, which has received a substan- tial amount of public input. Mr. Roger Craft highlighted the process as set forth in the new zone code. He re- minded the Commission that under this new code, all development except single-family and duplex structures will be subject to review. He noted that the public will be informed at the beginning of the review process, which includes the Development Review Committee cons ideration. He noted this extends the timeframe for appeal, since one will have a good idea of the issues of concern prior to the final decision on a project. He indicated that under the standard format, an individual will usually have 14 days of review time, followed by 2 days to file an appeal and 3 days to complete the information for that appeal. Commissioner Frost stated the appeals process may be adequate for minor projects; but he does not feel it is ,adequate for planned unit developments or conditional use per- mits. Mayor Hawks suggested that the length of time for appeal after the Planning Board's decision be extended. The Commissioners discussed this issue at length, concurring that the time should be extended, but failing to reach a consensus. Due to the late hour, Mayor Hawks and Commissioner Frost expressed a willingness to serve on a sub-committee to work with staff in reviewing the appeals process and other issues through the remainder of the document, with a recommendation to be prepared prior to next week's meeting. Commissioner Swanson asked what type of legal review could be accomplished prior to next week's meeting. City Attorney Becker responded he must seek an answer on whether an advisory board may make planning decisions. Mayor Hawks reconvened the public hearing. He then continued the public hearing to 2:30 p.m. on Monday, February 5,1990. Adjournment - 11 :25 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. 01-29-90 ~:":,._-","-~::,,. ~ ----------~~-_.._----~