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HomeMy WebLinkAboutCity/County Planning Board Minutes 07.13.1995 MINUTES CITY-COUNTY PLANNING BOAP~D JULY 13, 1995 7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: OTHERS PRESENT: John Smith, Chairman Chuck Dickerson, City Rep. Donna Kilpatrick, City Rep. Lonnie Kellogg, City Rep. Gerald Shay, Member-at-Large Jim Ziegler, County Rep. Donald Gudgell, County Rep. Clarence Foos, County Rep. Billielou Lance, County Rep. Bob Dantic, City Rep. Harlan Lund, 847 Bench Blvd, Blgs. Henry & Zella Mayers, 3011 Kincaid Rd., Blgs. Jennifer Draper, Laurel Outlook Scott Koterba, McGee & Company Dan McGee, McGee & Company Lynn Jordan, 1219 Deerhorn Dr. Rae Lynn Jordan, 1219 Deerhorn Dr. Diane Hayden, 2816 Pronghorn Byron Guenthner, 1227 Deerhorn Dr. Doug & Lila Carpenter, 1303 Deerhorn Dr. Kenneth Hanify, 1313 Deerhorn Dr. David & Heidi Smith, 411 8th Ave. JoAnn & Larry Thomas, 101 1/2 E. Main Roger Beeter, Billings Cheryll Lund, City Secretary Cal Cumin Gay Easton, City Councilman Joe Leckie, City Attorney Mike Zuhoski, City Police PUBLIC HEARING- SMITH SUBDIVISION ZONE CHANGE This area is presently zoned highway commercial. The zone request is to change it to RE 20,000. David Smith spoke regarding the reason for the zone change. They would like to change the zone so that they can build a residence. Motion by Billielou Lance, seconded by Donna Kilpatrick, to close the public hearing for the zone change. Motion carried unanimously. At this time Larry Thomas spoke to the Board regarding the clarification of his position on the board for the last year. (Larry's appointment was up on June 30th of 1994 and he was not reappointed to the position by the Mayor.) His name has been entered into the minutes as a member yet he was not reappointed. He is wondering what that did to all of the decisions that he was a part of? Does that make all of the decisions he helped make null and void? He states that by state law he cannot be taken off of the board in mid-term. Joe Leckie spoke stating that the Mayor did not see when the term expired and when it was discovered that Larry's term had expired the Mayor then asked for those interested to.submit letters of intention to serve in the position. He then appointed Bob Dantic because he'submitted a letter of interest to be on the board. As for the state law, Joe states that because Larry was not reappointed he was not taken off the board in mid-term. He was just not reappointed. Larry questions as to what his status was for that year that he sat on the board? He feels that since the Mayor allowed him to sit on the board for that year that is an appointment, in itself. Joe states that does not make it an appointment. He also stated that he needed to review the minutes to see if a decision was made on anything where the voting was close enough to make a difference. If there is anything, then that will need to be reconsidered. Or, if someone brings something up we will need to look at ft. Larry states that he wants the Board to vote on reinstating his appointment. Gerald Shay states that because, in his opinion, it is a Mayoral appointment the board cannot do anything about it. The Planning Board is an advisory board only, to the council. Larry stated again that to remove him in mid-term would be against state law. Joe Leckie states that because Larry was not reappointed no laws have been broken. Larry's term was up in June of 1994 and he was then no longer on the board. Cal questions as to whether or not the board wants to take any action on this matter. No one comments. Motion by Billielou, seconded by Donna Kilpatrick, to approve the minutes of the June 1, 1995 meeting. Motion ~arried unanimously. Motion by Donald Gudgell, seconded by Gerald Shay, to approve the bills of $3,375 for Cumin Associates, and $200 for Administrative Services. Motion carried unanimously. ZONE CHANGE- SMITH SUBDIVISION (Continued) Question on whether or not there will be commercial enterprises built around the proposed residence? Cal states that yes there could be commercial enterprises built in the area, because of the highway commercial zoning. The zoning on the north side of this property is zoned RE 20,000. Motion by Billielou Lance, seconded by Donna Kilpatrick, to recommend approval to the City Council for the Smith Subdivision zone change from highway commercial to RE 20,000. Motion carried unanimously. SMITH SUBDIVISION- PRELIMINARY PLAT Cal states that the reason they have to plat this piece is because this particular piece was originally a piece of the subdivision that was exempted from the subdivision agreement process by the use of an agricultural exemption. You can subdivide land smaller than the amount of land that qualifies as a subdivision if you use various exclusions or exemptions from the state subdivision law. One of those exemptions is if the land will continue to be used as an agricultural operation and a covenant is entered into the local government that the landowner and government agree that the land can be subdivided down to a small size if it is not going to be used as a subdivision. When that covenant is changed, or requested for a change, they have to go back and subdivide it. Basically what you are doing now is seeing that covenant be changed by the review and approval of this board. This is a one lot subdivision that is being removed from the agricultural exemption. Cal wonders whether or not the name of the subdivision should be Smith Subdivision or Amended Westbrook? Dan McGee states that he will call it whatever the board would like him to. He also states that Westbrook sub. already has 4 or more amendments to it. He finds that it is just easier to rename the subdivision when there is a change rather than to have it read "the amended amendment, etc., etc.". But, he will do whatever the board feels is appropriate. Earlan Lund states that there is already a Smith subdivision in Billings. Question on whether or not this plat can be subdivided into smaller lots? Yes, it can. But, they will have to come before the board to again to do so. Cal states that he sees no problems in approving this preliminary plat. He does stipulate that he would like the landowners name to be put on the east side of the plat and that elevations and utilities be put on the plat. Motion by Donna Kilpatrick, seconded by Bill£elou Lance, to recommend approval of this preliminary plat to the City Council, with Cal's recommendations being placed on the plat. Motion carried unanimously. LITTLE DUDE P~B_NCHETTES- PRELIMINARY PLAT & ZONE CHANGE The decision on Little Dude Ranchettes preliminary plat and zone change was delayed from the June 1, 1995 meeting. Cal had sent Harlan Lund a letter with questions and comments he had on the subdivision agreement. 1) Ditches on the existing property will be filled in. 2) Adjacent property owners need to be listed on plat 3) Existing and proposed zoning Vegetation on east side of plat 5) Material from old dump site to be removed 6) Lot 4- obvious high ground water 7) Ground water quality and quantity (Aquaneering did an analysis and it was determined that there would be no significant impact) 8) Need to show utilities and power lines on plat 9)' County Surveyor needs to be notified and road dedications and encroachment permits need to be taken out. A 54 ft. road width will be adhered to 10) Question on the lower lot (4/10 of an acre). What will be done with it? (Cal recommends it be brought up before the County commissioners and dedicated to the road). Cal read the Covenants that were submitted to him by Harlan Lund. 1) Houses must be no smaller than 1500 square feet. 2) Each residence will have no less than a 2 car garage. 3) Stick built houses only. No modular. 4) Fences need to comply with City of Laurel zoning Ordinances. 5) All utilities will be underground. 6) No outside storage of vehicles will be allowed. 7) No businesses will be allowed to be run out of the homes. 8) Recreation vehicles (RV's, etc.) stored only in enclosed garages. 9} No vehicles over 8000 GVW allowed on the property, unless stored in an enclosed garage. 10) No more than 3 horses allowed on property. 11) No more than 2 animals (dogs-cats) allowed. 12) No signage, billboards, satellite dishes, trash. 13} Lawns must be mowed. Shrubbery must be maintained. 14) No noxious weeds. A yearly statement must be filled out regarding the weeds. 15) No splitting of lot lines, or subdividing. Ail of these covenants will be upheld by a written 80% of the property owners. Donna Kilpatrick recommended that we do not accept any park dedication. Cal agrees. Comment was made on the fences that are needed to keep horses behind. Will the City ordinance be enough to keep horses inside the fences? Cal states that there is a clause in the agreement stating that one strand of barbed wire on top of woven wire is acceptable. Cal feels that this should stay in the agreement. This would take care of the horses. Question on the 54 ft. road. It is stated that if in the future a wider road is requested the property owners will be responsible for paying for it. The irrigation ditches that are to be covered are ditch~s that do not serve anyone but the individual property owners. And, thsy have no water rights. They will be filled in. Cal states that the ditch on the west side (barrow pit) needs to remain intact. They will not disturb it except to put in culverts. Cal recommends that the subdivision be approved subject to the change in the declaration of restrictions and that the developer pursue the vacation of that highway on that 4/10ths of an acre. Question from gentleman in the audience (did not identify himself) regarding water rights. If these new property owners drill wells and it takes their water table down, who has the water rights, and what is everyone going to do if the water runs out? He would like to see something written into the agreement concerning water rights. He thinks the new people should have to 5 put in cisterns. That subdivision (Montana Meadows) uses a lot of water to keep their homes going and also to water their acre lots. Cal states that this gentlemen needs to let the County Health Department know of his concerns. That department is the one that will determine whether or not the quantity and quality will remain the same because of the impact of this new proposed subdivision. Cal also states that the board cannot be in a position of telling a subdivision that they do not have rights to the water found underground. If one person is not allowed to drill a well because of others in the area being afraid their water level'will go down, where would this stop? It could go up and down the valley. Cal feels that 5 acre tracts are the least amount of impact that this area will see. But, he also states that this gentleman can carry his concerns to the County Health Department. Motion by Billielou Lance, seconded by Gerald Shay, to recommend approval of this subdivision subject to the changes made. Motion carried unanimously. The next step in this process is to the County Commissioners. Then it will come back to the Planning Board for a final plat. Cal stated that you cannot have horses in a RE 20,000 zone. The covenant on that will have to be changed, or they will need to redo the zone change. Harlan Lund thanked Cal for pointing this out. FOX PIT- ALDER RIDGE Cal states that there is a piece of property in the northwest corner of Alder Ridge Mobile Park that the new owners of Alder Ridge would like to obtain. It is called Fox Pit. If this can be obtained by Alder Ridge they plan to expand their park and put in a large building that he can store the machinery he uses to maintain the subdivision. Cal isn't sure if he agrees with what they want to do. He would solicit any comments that the board members would like to give him. Cal appologized for the mix up on Larry Thomas's appointment. He did also state that there is a state law that states that there has to be a unanimous vote when there are only 6 members that show up. We will make sure that we keep this in mind from now on. Cal also reminded the board that we are the council. The council has the final do. only an advisory board to decision on everything we ZONING VIOLATION- RICHARD BARNHAP. DT Cal stated that there has been a complaint Barnhardt stating that he is keeping horses in a business and that he is giving lessons and rides is not an allowable use for the zone he is in. against Richard shed behind his for a fee. This Motion by Lon~ie Kellogg, seconded by Donna Kilpatrick, to authorize Cal to send a letter to Richard Barnhardt regarding this zoning violation. Motion carried unanimously. ZONING VIOLATION- 1819 W. MARYLAND- O'TOOLE A mobile home has been moved onto a permanent foundation in Hudson Subdivision. This was done in a real fast time frame and done without the City's consent. There are some very nice homes in that area, and the zoning does not allow a mobile home. The owner's are stating that Pierce Homes told them that the home they bought was a modular home (which are allowed in that area). The proof that they brought into the office did not state that the home they bought meets uniform building codes, which is what they need to do in order to be allowed to put it in that zone. Lonnie Kellogg questions as to whether or not we have a legal basis to pursue this? Cal states yes, we have ordinances to cover this situation. Motion by Donald Gudgell, seconded by Chuck Dickerson, to authorize Cal to direct the City Attorney to proceed with direct action to proceed on this zoning violation. Motion carried unanimously. Question on sidewalks in the area of Helena Chemical? Cal states that there are no sidewalks in that area because that subdivision has been there awhile. He states that this is an issue that should of been taken care of when the subdivision came in to existence. Comment from John Smith regarding the carnival that was in town during the 4th of July. While they were there they stole electricity from his building, without permission, and accidentally tore down his phone line. His business was without a telephone for more than a day and U.S. West is just now getting things straightened out. Lonnie states that John needs to write a Committee and City Council so that they consideration for next year. The meeting was adjourned at 8:25 p.m. letter to the Park can take it into Respectfully submitted, ~Lund, Secretary 8 C, C7 0 MEMO SUBJECT: 1995 TO: DATE: Planning Activities Report for Second Quarter of Laurel-Yellowstone City-County Planning Board July 13, 1995 The following planning-related activities are indicative of the City-County planning activities occurring in the Laurel area during the period April through May 1995: APRIL Draft Airport Industrial Park Master Plan Refinement of Marvin's Traffic Accessibility Study--Entertainment Sub Airport Planning Committee meeting Firearms and Home Occupation City Council meetings Planting Board meetings Treftz: minor plat submittal procedures Brad Anderson and wrap up of project--meeting; advertise for zoning hearing Preapplication meeting with Treftz Meet with landowners around airport LEDO meeting 9th Street Park complaint Treasurer: misc: home owners on Mosher Dome Road HKM and airport plan Wood and planned park SID attorney (Murray Heights) Resubmittal of Entertainment Sub 1VJAY County Surveyor and High Point Sub paving requirements CTEP and Fireman's Park building Dart and extension of zoning boundary along Thiel Road Dupree and sub and annexation questions Campbell and grants Kaufman and multifamily in CBD area Approval letter for Entertainment Sub Budget review Airport Planning Committee meeting Planning Board Meeting City Council meetings DOT and Maryland Avenue status Grants meeting Road closure (Braswell) Village Sub: Alder Park and Fox pit issues Modular in Westbrook Sub (Smith) Flisrand and setbacks and layout: Foos Findings of Fact for Lund Lot use in Valley Drive (Duke) Dupree: Sth and Juniper: leasing in R20 Field work: Little Dude Ranchettes Sub Revise Entertainment Sub SIA Planning Board meeting Airport Planning Committee meeting Tolliver and Alder Park Letter to Board of Adjustment re: Frank variance Meeting with Flisrand: misc Letter to County Finance Director re: park funds for Laurel Look at Figgins property and zoning violation City Council meeting Entertainment Sub: final plat Removing Agricultural Exemption (Smith Sub) Weed complaint: Maryland Avenue Park Hollycross: sub process E a : • GEORGE R. PIERCE,INC. 333 Moore Lane P.O. Box 30777 Billings, Mt. 59107 To Whom It May Concern; George R. Pierce, Inc. as the builder/Supplier of the 1996 Fleetwood Chadwick home serial number IDFLSO4A18993CW13, certifies this home Li' & Manufactured home as defined by Montana Codes amsnded 76-2-20-_ and 76-2-302. This home was placed on a permanent foundation certi- fied by, Wes Krivonen, a licensed Montana Engineer on Lot 3 Block 1 of Hudson Subdivision, AKA 1819 West Maxyland. In compliance with'the State Statues, the home meets the following requirements: 1) It is a single family dwelling build by Fleetwood Homes, offsite in a factory. 2) The home is placed on a permanant foundation and is 1694 Sq. Ft. 3) The exterior is comparable to homes in the area with a pitched shingle roof and composition wood siding. 4) The home was built after June 1, 1990 and is in compliance with the applicable prevailing standards of the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD Code) as evidenced by the seal number on the home of 147114 and 147115. i