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RECORD OF PROCEEDINGS
PLANNING & ZONING COMMISSION
AUGUST 22.1989
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Chairman Welton Anderson called the meeting to order at 4:30 p.m.
with members Bruce Kerr, Michael Herron, Mari Peyton, Roger Hunt,
Jasmine Tygre and Rich Compton present. Graeme Means was excused.
COMMISSIONER'S COMMENTS
Roger Hunt told the Commission the committee for the selection of
consultants for the Rio Grande right-of-way met. Kaiser Engineers
was picked unanimously. This will go before the RFTA board for
final selection. They will be putting out the contract by next
week.
Bruce Kerr said the Council has continued the meetings on the
Meadows and has set out an agenda for all of September and October.
These are structured as work session rather than formally con-
stituted sessions. The meetings will be on Wednesday, and Council
is encouraging P & Z members to attend as many of the meetings as
they can.
Tom Baker, planning office, said the process for the Meadows is
that there is going to be a master planning effort with the Council
as the working committee with input from P & Z. Baker said one the
master plan is adopted, the property owners and the non-profit
groups will have the ability to submit a conceptual SPA plan and
take it through the formal process. Council would like to have
P & Z's assistance during the process. Kerr said Council plans to
submit summaries of the meeting to P & Z members so they will know
what is going on.
STAFF COMMENTS
Leslie Lamont, planning office, reminded the Board when they did
the scoring of the Greystone Townhomes, the applicant, Buzz Dopkin,
was directed to go back and look at alternatives for the wall. Ms.
Lamont presented the alternatives he came up with. One thing the
P & Z directed him to do was reduce the size of the fence by 40
percent. Ms. Lamont said the applicant is proposing to take out
every other brick like a lattice work. The consensus of the Board
was they could live with a 4 foot fence, which is a 33 percent
reduction.
MINUTES
JULY 11. 1989
Ms. Tygre moved to approve the minutes of July 11, 1989; seconded
by Hunt. All in favor, motion carried.
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
CODE AMENDMENT
DELICATESSEN AS A CONDITIONAL USE IN NC ZONE
Leslie Lamont, planning office, told the Board the applicant for
this code amendment is Jour De Fete, who is proposing an amendment
to allow delicatessen as a conditional use in the NC zone district.
Ms. Lamont said there is not a definition for delicatessen in the
code. The applicant has created a definition of delicatessen,
which is "delicatessen means an establishment which principally
sells fresh and packaged foods and drink with limited consumption
on premises; counter and counter-type seating may not exceed 15
seats and shall not include formal wait service".
Ms. Lamont showed the Board the two existing NC zones. Ms. Lamont
said staff recommends denial of this amendment. The primary issue
is the definition which would allow seating in delicatessens. The
NC district is intended to preserve locally oriented businesses.
The permitted uses in the NC zone are drug store, food store,
liquor store, dry cleaning and laundry pick-up station, barber
shop, beauty shop, post office branch, record store, etc. The
conditional uses in the NC zone are service station, laundromat,
garden shop, hardware store, paint and wallpaper store, carpet,
flooring and drapery shop, business and professional office and
free market units which are accessory to permitted uses.
Ms. Lamont said staff feels the ability for these type of estab-
lishments to provide seating would increase the pressure in this
zone for more intensive food establishments, like restaurants, to
come in. Ms. Lamont said there are only two small NC zones. There
is a risk of displacing necessary services in these zones. Ms.
Lamont said the applicant is suggesting delicatessens should be a
conditional use in the NC zone; however, conditional uses have
become a problem with enforcement. The applicant currently has 10
seats in their store. Ms. Lamont said in the NC zone along Durant,
the pressure for more tourist oriented businesses could really be
increased due to the gondola and the Little Nell hotel.
Jim Colombo, representing the applicant, said the purpose of the
NC zone is to allow small convenience retail establishments as a
part of a neighborhood, to reduce traffic generation, and to
mitigate traffic circulation and parking problems, and to serve the
daily or frequent needs of the neighborhood. Colombo said Jour De
Fete does that and is not looking for an increase in intensive use.
It is principally a food store and has always served items over the
counter for consumption. This amendment would allow convenience
of customers to sit down and consume the food. Colombo told the
Board Jour De Fete has 80 percent business with locals and has not
catered to tourists. Colombo said a food store is an allowed use
in the NC zone, and that is principally what Jour De Fete is
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
operating. colombo said he does not feel a restaurant with 15
seats and limited hours is going to compete with restaurants.
Herron said he does not have a problem with a code amendment but
does have a problem with stating the number of seats in the
definition. Herron said this could be a condition rather than part
of the definition. Herron said the building where Jour De Fete is
located has deviated from the intent of the NC zone. Hunt agreed
with staff's recommendation on this. Hunt said the definition of
delicatessen could be as great as a 100 seat restaurant or as
limited as a retail store. Hunt said he does not have a problem
with defining delicatessen as a retail store. Hunt said adding
seats makes an establishment become more of a restaurant and less
of a retail store.
Colombo said there would be no additional services but consumer
would be able to sit down. Hunt said as soon as there is sit down
service, there is time and employees involved in bussing the
tables. Ms. Lamont reminded the Board this is a code amendment,
which will address both NC zones. If this amendment passes, then
Jour De Fete would apply for a conditional use. Ms. Lamont said
the concern is how this code amendment will affect other businesses
in the NC zone. Compton said he also supports staff's position.
Colombo said the concern is that the seating would be able to
increase and turn into a restaurant. That is why the number of
seats was addressed in the recommended definition. Ms. Tygre said
this is creating a definition for a delicatessen that is unreal-
istic. Ms. Tygre said delicatessens allover the world have
seating. The applicants are trying to take a word which already
has a definition and trying to exclude restaurant use. Ms. Tygre
said a place that sells food packaged over the counter is a food
service operation which is different from a restaurant, where you
go in, sit down and eat the food. Ms. Tygre said the distinction
is very clear and the applicants cannot get away with calling this
a delicatessen when it is a restaurant to people who are thinking
about where to go and eat.
Colombo said delicatessen does not exist in the city's code.
Colombo said a definition of delicatessen as well as going through
the conditional use procedure was the recommendation of the
planning office. Colombo said food store definition already exists
in the code and that is what this business is under. Ms. Tygre
said the way the definition of delicatessen is written, it is a
restaurant, which is not an appropriate use for the NC zone.
Herron said he feels the Jour De Fete serves the needs of the local
community better than some of the other businesses in the building.
Herron said if the Commission says the applicant cannot have any
seats under any circumstances, the Commission is saying that there
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
are places where local can buy food but cannot eat food, which is
discriminating. Peyton said food store is a permitted store but
it is not defined in the code. Peyton suggested the Commission
work on a definition for food store. Colombo said he cannot think
of a more appropriate use for the NC zone than Jour De Fete.
Kerr said it seems putting seating in this store would lower the
number of people going in and out. Kerr asked why the owners would
want to have seating. Colombo said the applicants are trying to
serve the local population in the NC zone. Colombo said if the
definition of the NC zone district is to reduce traffic generation,
that is what this use does. If the condition is for convenience,
that is what this use does. Olivier Mottier, applicant, told P &
Z the reason for this application is that their local business is
getting bigger and bigger and they need to be able to serve their
clientele in the winter with a place to sit down. Kerr said he
would rather come up with a definition for food store than adding
another definition to the code.
Anderson opened the public hearing.
Glenn Rappaport said this business provides a great service and the
area could use some life. Ms. Peyton said she would rather define
food store and limit the seating to 10. Herron said it would be
better planning to sit down on a case by case basis and determine
what is appropriate for the location. John Walla said at some
point the P & Z has to start saying people cannot rezone to come
up with a new use. This would be a different use as a restaurant
than a carry out and it takes more employees to serve tables.
These employees all have to be housed. Hunt agreed tables and
chairs equate to more employees. Hunt said he would consider
minimal sit down in a delicatessen use.
Kerr moved not to adopt the proposed code amendment and to direct
staff to come up with a definition of food store for the code which
would provide that limited seating for eating on premises would be
permitted, with some number of seats not to exceed 10; seconded by
Peyton.
Herron asked whether the seating as part of a food store would be
a conditional use. Kerr said he does not have a problem with that
concept. Compton said seating includes tables and he would like
to see if restricted to counter-type seating. Compton said he
would rather see the number of seats be 7 so there is no room to
congregate. Anderson said if this is a conditional use, the
definition could state "minimal seating not to exceed 10". The
Board can then review the number of seats.
Anderson said he is concerned about creating a pressure on the NC
zone as there has been on the C-1. Anderson said the proposed
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
motion defines the limits and makes the seating clearly secondary
to the food vending operation. Peyton asked if the motion could
be amended to state no wait service. Kerr said he would agree;
however, this motion is only to ask staff to prepare proposed
changes and to have it come back to P & Z. Hunt said he is very
concerned about restaurant type service in the NC zone. Hunt said
the Board should address areas allocated with where people can eat,
either seated or standing, like a percentage. Herron said he does
not see why locals should have to stand up to eat.
Anderson closed the pUblic hearing.
All in favor, motion carried.
MAROLT RANCH EMPLOYEE HOUSING
CONCEPTUAL PUD/REZONING
Tom Baker, planning office, said this is implementation of the
housing plan dealing with the Marolt Ranch. Baker said staff is
looking for direction from P & Z in the proposed conditions of the
project. Baker said the formal action for rezoning will not take
place until final PUD, when P & Z will also be looking at GMQS
exemption, conditional use review for affordable housing in the
public zone, and special review for parking. Baker said staff
would like conceptual approval on the entire parcel and final
approval come back in segments much like the Rio Grande parcel.
Jim Adamski, housing office, said staff is dealing with the
challenge of building quality housing on a quality site for low
income category with 8 months of rent. Adamski said they have had
about 15 meetings with a task force and have received a lot of
input. Susanne Jackson, Design Workshop, told P & Z said they used
the 4.3 acre parcel which was voted upon in the ballot and which
was reduced from the original 10 acre parcel. Ms. Jackson said the
remainder of the site is a large open meadow with a river gorge
running along the edge. There is an existing trail through the
property coming out on Castle Creek road.
Ms. Jackson pointed out the uses on the parcel are the community
garden, a hang glider landing area, a single family house, and some
barns which the historical society is proposing to use. Ms.
Jackson said most of the more developed area runs along the river
gorge. Ms. Jackson said in developing a conceptual plan for the
entire site, they tried to preserve as much of the agricultural
meadow in the highway 82 corridor and put the uses along the river.
Ms. Jackson said the location of the proposed employee housing is
appropriate because it is near the Castleridge housing, the
hospital development and the M.A.A. campus.
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
Ms. Jackson suggested relocation of the community garden. The
trail would be relocated to go around the development and come out
somewhere near the bus stop on Castle Creek. The entrance would
be where the community gardens are currently located. There is a
parking area outside of the 4. 3 acre envelope. There are 5
building masses each consisting of twenty units. The total number
of people to be housed is 300 music students in the summer and 150
seasonal employees at other times of the year. The thought is to
cluster the units around a common open space to create a campus
feeling and a nice social space. Ms. Jackson said they hope to
remove vehicular traffic as much as possible from the interior
spaces.
Ms. Jackson said they considered auto disincentive programs and
additional parking which could be provided at the M.A.A. campus in
the winter. The parking calculations are .6 cars per unit. Ms.
Jackson said there would be a shuttle van which would operate
between the housing development, Truscott place, and the M.A.A.
Ms. Jackson said irrigation ditches would have to be relocated to
allow for planting and screening.
Harry said the design of the units is an extension and coordination
of the site planning. Harry said this type of housing is very
unusual, seasonal dormitory type housing. Harry said they were
trying to create a site plan and units that create a campus feeling
and to create a place that had a sense of whole. Harry said this
is based on using modules for economy and speed of construction.
Harry said this units are very simple. The circulation is
external, covered but not heated. The units provide two types of
spaces; one in the front that would relate to the public side, and
a space in the back that is quiet and private.
Harry said these units will be 3 bedroom units with a common room
with 2 complete bathrooms. In the winter these will be two
autonomous one-bedroom units. There are 3 lockable storage units
per unit. Harry pointed out the rooms would have kitchenettes; the
cafeteria is not part of the proposal. There are no practice
rooms. Harry Truscott, housing board, said they are prepared to
sign the contract on the residential part of the project. The
M.A.A. is seeing what they can do about the cafeteria. Truscott
said the housing authority is prepared to go ahead with the
residential only, recognizing the space may be filled with the
cafeteria in the future.
Adamski said they are trying to get 50 units to be occupied by June
and the cafeteria may have to come later. Harry said the cafeteria
would prevent traffic and improve the quality of life in this
space. Adamski told P & Z if they cannot get these units on line
by June, the M.A.A. will be occupying the permanent area at
Truscott Place.
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
Baker said the parks department has outlined a list of things they
would like to see in the park zoned area. Baker said the appro-
priate time for these specifics is at final PUD. Baker said this
review for the park zoned area can be done independent of the
housing program. The concerns of the sanitation district on the
easement has been addressed. Baker said staff has asked RFTA if
there can be a more direct connection between this housing and the
bus stop. Right now it means walking up hill and across Castle
Creek drive. Hunt asked if there is a more direct route to get to
the Marolt barn and is this area going to be lighted.
Baker said the engineering department has concerns about the access
road, which may be a cut in the hillside. The water department was
concerned about the 20 inch transmission line and relocating that.
The applicant is working with the water department to create an
easement so that the line does not have to be disturbed. The
applicant is addressing the concerns about fire hydrants and
sprinklers. The county engineer is concerned about access to the
site, and the dangerous sight lines on the curve. There is likely
to be more traffic on Castle Creek road with this project and the
M.A.A. campus. Baker said the city should re-initiate efforts in
getting a trail between the music school and the Marolt property.
Baker said the first review standard for this project is consist-
ency with the city's plans. Baker said generally this is consis-
tent, however, there is some discrepancies with the adopted Marolt-
Thomas concept plans. Baker said this will be addressed later.
Baker said another review standard is off street parking. Baker
said the housing authority will be doing similar auto disincentive
things as they are doing at Truscott place. Someone with cars will
be paying more. There will be a shuttle system.
Baker pointed out the landscape plan is very sketchy. The plan
talks about berming on the north side of the site. Baker said he
would like direction from P & Z about the landscape plan. Baker
said he toured with Al Blomquist on the irrigation system on the
Marolt. Blomquist has expressed concerns that the conceptual plan
show a more elaborate irrigation system with a different configura-
tion so that when the highway department comes in to develop the
entrance to town, there is an adopted document to keep in place
things the city needs on this property like trails, ditches and
park land.
Baker said staff finds the conceptual layout of the architectural
site plan very acceptable. Baker said P & Z should look at the
design strategies, discuss the merits, and give the applicants
direction if this proposal is acceptable or P & Z wants another
concept explored. Baker said the traffic and pedestrian circula-
tion is another design standard, which revolves around the access
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PLANNING & ZONING COMMISSION AUGUST 22. 1989
point and safety consideration. Baker said there is a proposal to
move the access further south.
Al Blomquist, PCPA, told Council they met on the site. Their
recommendation is that the on-site parking be moved. Blomquist
said PCPA feels the landscape screen or berm should be very
significant and have planting on top. The roadway access should
be off the hospital intersection. Blomquist said there are some
problems with the irrigation on site. Blomquist said PCPA feels
much of the site should be reserved for athletic fields and other
park uses and this should be pedestrian oriented. Blomquist said
in order to get people riding the buses, something has to be done
with the design to make it an attractive way to travel.
Blomquist said this property is served by two ditches. The Holden
ditch is also the source of 50 percent of the golf course irriga-
tion. The Marolt ditch also crosses the property and goes to the
golf course. Blomquist said the parks department has applied for
$50,000 to clean these ditches. The only way to get to the Holden
ditch is through this site, which is very narrow. Blomquist said
PCPA feels the ditch cleaning work should be done this fall as part
of the fast track of this project. The ditch should be run to the
edge of the trees and a pond installed, paid for by the city.
Blomquist said the location of the highway will affect how the
access the trails and the irrigation are handled.
Harry Truscott, housing authority, told the Board they have a tight
schedule for these units. Truscott said these suggestions will
require more design work. Truscott said the housing office has
never considered the irrigation work as part of their application.
Blomquist urged the housing authority ask Council to fund the ditch
work to be done this fall. Baker said the recommendations of PCPA
can be addressed when P & Z goes through the conditions. Baker
said the rezoning issues are addressed in the SPA. The city will
not take final action on the rezoning until the final PUD.
Baker said the adopted Marolt/Thomas plan shows water features for
either alignment. The P & Z has discussed the ponds on this
property in the past. Baker said staff does not have a problem
with re-routing the ditches but needs to figure out an acceptable
way to deal with this so that it does not affect the housing
proposal. Baker said there is a conceptual plan with the existing
highway and the trails work on this. Baker said staff would like
to see a conceptual plan with the direct connection for the highway
and showing how the trails system would work. Baker said the
highway EIS will be coming in soon. If the city has conceptual
plans which buttress the need for trails and ditches, there is more
leverage to get the highway department to help fund the changes.
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
Baker recommended conceptual PUD approval with conditions. The
first condition deals with a more direct pedestrian route between
the housing development and the RFTA bus stop. Hunt agreed with
Blomquist's access suggestion opposite the hospital road for both
pedestrian and cars. Ms. Jackson told the P & Z they looked at
this for the access. with the steep grade and the lines of sight,
it is difficult for safety and turning reasons. Hunt said he would
like it designed so that it can be safe. Ms. Jackson pointed out
it would require large road cuts. Ms. Tygre agreed the vehicular
access has to be at the same point at that to the hospital. Ms.
Tygre said this project should be able to use the existing bus
route with greater frequencies to the bus service. Jim Adamski,
housing director, said a road cut at that point on the property is
impractical. Adamski said he will work with the design team to see
if anything can be done. Baker said he will change the condition
to add, "the applicant is to investigate a better solution to the
access road that brings it closer to the hospital and that the
pedestrian access is going to be changed to reflect what the PCPA
proposal illustrates, and that RFTA headways should be improved."
Anderson said the last part may be premature; that RFTA will
increase their headways when the demand is there.
Baker said the second condition is to improve the lighting along
the pedestrian ways. Adamski said they will do this on their
property. Baker said this condition only suggests on the Marolt
property. Hunt said he feels ultimately lighting has to go along
the path to the bridge. Anderson said lighting to the bus stop is
the highest priority and eventually they would like to see it to
the pedestrian bridge.
Baker said the next condition deals with maintenance and requests
that city staff come to a maintenance agreement on what walks
should be shoveled. Compton pointed out currently the bridge is
being used as a ski trail in the winter and shoveling is not
compatible. Baker said there is 4 feet width available on the
bridge for pedestrians.
Baker said the fourth condition deals with the shuttle system and
how it is going to be operated. Baker said these details should
be supplied at final consideration. Adamski said they would like
to see how the shuttle system works at the Red Roof, how the
intersection is going to work, and design around this. Adamski
said there will be a shuttle service for occupants of this project.
The fifth conditions deals with the cafeteria and how food service
will be handled for the winter resident. Adamski pointed out there
are some cooking facilities available. Harry Truscott told P & Z
the housing board has discussed with the lessees of the restaurants
at the Red Roof about starting food service for winter use.
Truscott said they have been told that seasonal people will not use
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
a cafeteria. Truscott said they would like to leave the cafeteria
as an M.A.A. possibility. It is doubtful that it will be used for
seasonal employees. Ed Zasacky said he feels that public projects
should be held to the highest standards or the city will be left
open to criticism. Zasacky said P & Z should be extremely careful
with this project; make sure the landscaping is done right, have
a feasibility study done.
Hunt agreed the cafeteria will not be used by winter residents.
Hunt said he feels the units should have an efficiency kitchen at
least. Truscott said the employee housing was successful last
winter with a microwave only. Hunt said this is setting the
seasonal employees up as second class citizens. Baker said he will
add that the applicants are going to investigate a more elaborate
eating facility in the units.
Hunt said the sixth condition deals with trail between the music
school and the Marolt property and who should take the lead in
that. Baker said he feels PCPA and the parks department ought to
take the lead, that it is inappropriate to expect the housing
authority to do this.
Baker said the museum is being accessed from the trail. Baker said
the trail should be adequately built to handle service traffic.
Baker said the community gardens will be part of the final PUD.
Hunt asked if the more direct trail routing to the pedestrian
bridge is part of condition 7. Baker said he will add this in one
of the conditions, number 7 might not be the right one. Baker said
this direct route can be looked at at final PUD. Baker told P &
Z the papers for the sanitation district's process for the
emergency line extension have been addressed.
The tenth condition addresses the water line and determination if
the housing can be sited in such a way as to eliminate the need for
relocating the 20 inch main transmission line. Ms. Jackson showed
this would required some relocating of buildings to accommodate a
20 foot easement with no buildings around the water line. Ms.
Jackson said they need to know the exact location of the line water
before siting the buildings.
Baker said the 11th and 12th conditions will be dealt with; these
are fire hydrants and sprinkler systems. These are required by the
building code. Baker said condition 13 states that the staff has
some concern about the pedestrian bridge over the access road.
Baker said he does not know if this is essential to keep the grade
down or to separate pedestrians from traffic. Baker said getting
a pedestrian bridge high enough to allow trucks under will make it
quite visible from the highway corridor. Baker said the applicant
should address redesigning the pedestrian access to the bus stop
and if that bridge is needed. Ms. Jackson said they can take some
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
cross sections from the highway to determine how visible this
bridge will be. Baker said the rationale for this is to keep the
snow on the cross country trails for the winter. Baker asked
whether this is a good enough rationale as opposed to just taking
one's skis off and walking across the road to the downside of
visibility and cost. Ms. Jackson said this bridge would create a
gateway to the project.
Compton said he would like to see a bridge studied to see if it
feasible. Adamski said they tried to make this project something
that is not hidden with a berm. Hunt said he hopes the pedestrian
bridge becomes unnecessary with the realignment. Hunt said he
could live with a bridge and some recontouring.
Baker said condition 15 the city wants to know what the applicant
proposes to do in terms of paving the trails. Adamski said
anything they are putting on the site should be paved. Baker said
bike racks on the project should be part of the final presentation.
Compton suggested that the bike racks be designed into the
buildings rather than out in the open. Baker said recycling
containers should be provided on-site.
Baker said condition #18 is the conceptual SPA issue and showing
the direct connection and a trails system that works with that
direct connection. Anderson asked who should be responsible for
this and how will it effect their application. Anderson said the
highway connection will affect how trails and irrigation are
planned throughout the property. Baker said the highway connection
does not affect the housing. Baker said staff can recommend to
Council that PCPA work with the parks department on developing a
conceptual plan that will address the highway entrance, trail
alternatives and irrigation.
Kerr said he fails to see the rationale of moving the parking
anywhere but to the east of where the buildings sites are. Kerr
pointed out there are acres of open space to the north of these
buildings and he does not see a reason to create a separate parking
lot when it can be put along the access road into the site. Ms.
Jackson said the idea was to create a campus atmosphere. Filling
this up with cars minimizes the open space. Harry said these are
minimal units, tightly packed, and the amenity is to make the open
space pretty great. Baker said the direction he needs from P & Z
is whether this proposal seem excessive, rather than actually
designing the parking. Tygre said the parking is excessive and it
can be reduced somewhat, brought closer to the buildings. Tygre
said the plan should be discouraging automobile use as much as
possible and should be reduced. Tygre said the smaller paved
parking lots are, the more attractive it is and the more likely
people will use other forms of transportation.
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PLANNING & ZONING COMMISSION
AUGUST 22. 1989
Hunt said he feels the same number of parking spaces can be
condensed into less area. Hunt said the parking is in the
appropriate place. Hunt said the applicants should address the
ability to maintain the ditches in the future. Hunt said these
buildings are rather major monoliths and if they can be broken up
and angled more, it would make it a nicer project. Compton said
he generally likes the plan. Hal Clark said P & Z should address
how the other users of the property will be handled. Ms. Jackson
showed how some of the buildings will be broken up.
Tygre moved to approved conceptual PUD for Marolt Ranch with the
conditions as listed in the planning office memorandum as amended
at this meeting; seconded by Hunt. All in favor, motion carried.
The meeting adjourned at 7:20 p.m.
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(Now you know why they were so good!)
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