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Motion by Councilmember Elvig, seconded by Councilmember Cook, to approve the proposed <br />site plan for the PACT Charter School contingent upon compliance with the following items: <br /> <br />a) Compliance with City Staff Review Letter dated September 12, 2003, revised September <br /> l 9, 2003. <br />b) Approval of the final plat of Town Center Addition. <br />c) The Applicant entering into a Development Agreement with the City. <br />d) Final approval of the Town Center Zoning District. <br />e) Final approval of the Town Center Development Guidelines <br />f) Approval of a Conditional Use Permit as required by the Town Center Zoning District <br /> Ordinance. <br /> <br />g) Entering into an agreement with the City for use of and maintenance of the open space on <br /> the west side of Peridot Street. <br />h) Compliance with letter dated September 23, 2003 addressed to Ramey Town Center LLC, <br /> identifying scope of services and cost estimates. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Cook, Pearson, <br />Strommen, and Zimmerman. Voting No: None. Abstaining: Councilmember Kurak. <br /> <br />Councihnember Elvig was excused from the meeting at 9:40 p.m. <br /> <br />Case #12: <br /> <br />Request to Rezone Property from E-1 Employment District to Planned Unit <br />Development (PUD); Case of Basalt Properties, LLC <br /> <br />Assistant Cornmunity Development Director Trudgeon advised that Cases #12, 13, and 14 are <br />interrelated. He explained that Basalt Properties, LLC is proposing to develop two commercial <br />buildings on 2.62 acres along Basalt NW, south of Highway 116. The subject properties <br />currently consist of three separate parcels platted as Gateway North. As part of the development, <br />the Applicant has also applied for a minor subdivision to combine the three lots into one lot and <br />site plan approval of the buildings to be constructed. As part of their request, the applicant is <br />also asking that the property be rezoned to Planned Unit Development (PUD) to allow for two <br />principal buildings on the property and a reduced rear yard setback for one of the buildings. The <br />property is 2.62 acres in size and is currently vacant. It was previously used for outdoor storage <br />by the previous owner. The applicant is proposing to develop two principal buildings that will be <br />used for storage and industrial uses. He stated the City will be expending significant funds and <br />would like to maximize the use of the property. <br /> <br />Mayor Gamec suggested the contract address joint parking so there are no future problems with <br />joint access or easements. <br /> <br />Assistant Community Development Director Trudgeon stated the main entrance will be towards <br />the north, where the parking is. The Code addresses the front yard as being the eastern elevation <br />which meets the front yard setback. He stated this looks more like a side yard setback but, <br />technically, it is a rear yard setback. He stated staff supports the request for a reduced rear yard <br />setback of 26 feet instead of the required 35 feet. <br /> <br />City Council/September 23, 2003 <br /> Page 32 of 41 <br /> <br /> <br />