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HomeMy WebLinkAboutCity/County Planning Board Minutes 03.09.1995 MINUTES CITY-COUNTY PLANNING BOARD MARCH 9, 1995 7:00 P.M. COUNCIL CHAMBERS The meeting of the City-County Planning Board was brought to order at 7:00 p.m. with the following members present: John H. Smith, Chairman Gerald Shay, Member at Large Lonnie Kellogg, City Rep. Chuck Dickerson, City Rep. Merrill Watkins, County Rep. Clarence Foos, County Rep. Larry Thomas, City Rep. .Billielou Lance, County Rep. Jim Ziegler, County Rep. OTHERS PRESENT: Cal Cumin, City Planner Jim Flisrand, City Engineer Cheryll Lund, City Secretary William & Gladys Bernhardt, 607 Bernhardt Rd. Dave Penny, 1503 Eo Railroad Dennis Rutt, 245 Ave. B, Billings Bill Strauch, 1315 4th Ave. Richard & Gail Klose, 511 Cottonwood Terry Krum, 1311 E. Railroad Gay Easton, 1011 4th Avenue Bob Graham, 819 6th Avenue Leroy Zuck, 1607 Alderson, Billings Brad & Pam Anderson, 3013 Arnold Palmer Dr., Billings Bruce Wilson, 1138 Nutter Blvd., Billings Bob Dantic, 1030 10th Ave. Curt Riemann, 702 W. Maryland Puff Anderson, Laurel Outlook Robert Marvin, 1127 Alderson, Billings Jim Worthington, 1055 Montana Avenue John Decker, 1130 Ridge Drive Rob Engh, 1033 7th Avenue Darrell McGillen, 511 W. llth Chuck Rodgers, 626 W. 13th Motion by Billielou Lance, seconded by Jim Ziegler, to approve the minutes of the February 9, 1995 meeting. Motion carried. Motion by Gerald Shay, seconded by Billielou Lance, to approve the bill of $200 for Administrative Services. Motion carried. ZONE CHANGE & PRELIMINARY PLAT- ENTERTAINMENT SUBDIVISION Brad Anderson, 3013 Arnold Palmer Drive, Billings, the developer of Entertainment Subdivision spoke regarding the preliminary plat and the zone change from R7500 to Highway Commercial. The project they propose is a family entertainment center. Their original plan was to find 5 acres of land to build a go cart track and a miniature golf course on. When they saw this piece of land available, with Highway frontage, they decided to expand their project and control the entire subdivision to fit in with a family entertainment theme. They have an agreement with Yogi Bear Jellystone Park to put in a campground that will hold between 120 and 150 campsites. (Phase II) They also have a buy-sell agreement on 5 acres for a maze, with Billy Wray. (Phase I) Additionally they have approval from 2 different franchise groups for a motel (Phase III), and a buy-sell with Hoffman's Greenhouse to buy the furthest east 5 acres. The entire project will be done in Phases. The first phase will include bumper boats, the main building, go-cart track and golf course. The main building will be approximately 7,000 sq. feet. There will be concessions in the main building along with party rooms for children's parties, along with tot games. They would like to leave the main building open on week-ends throughout the year and book church groups, and various other organizations. Cal questioned as to whether or not they plan to have a bar or casino within the property? Brad stated that there would be no bars or casinos, that this is a family oriented project. There would be no bars or casinos on his 17 plus acres. Bruce Wilson, general manager of the park, spoke regarding this project. He gave background information on himself which includes being a resident of Miles City, Bozeman and Billings. He has been in Bozeman since 1972. He and his brothers ran restaurants in Billings for 15 years. He will be responsible for keeping this park~ up and running. He will make sure the park stays neat and clean. He likes the concept of a park that it brings the family together. These days there is a limited number of activities that families can do together. He is working with Zoo Montana regarding joint promotions. He feels there will be a good partner relationship with the zoo. They have had several inquiries from different fast food companies. He has gathered information and input from them. The marketing of this project is of a broad scope. They will do state, regional and local advertising. He has contacted day cares, churches, nurseries and Karst Stages (bussing company) in regards to getting people out to the park. He wants the customer to be king and he and those he employes will keep that philosophy for the park. Darrell McGillen, 511 W. llth, spoke in favor of the project. He owns the 2 ~Hlace, Lanes in Laurel. He and his father started their business in 1971. His business also brings families together and can be considered a family entertainment, of sorts. He admitted that Jon Dehler, one of the developers of this project, is a good friend and that he has some of Jon's gaming machines in his establishment. He states that he will promote any business that brings traffic to Laurel. He also reminds the board of the many empty commercial buildings in Laurel that used to house thriving businesses. He would like to get back some of the traffic that Billings has taken from Laurel. Darrell states that Jon Dehler is a sincere person. He also states that this project is an advantageous venture. Anything that brings family entertainment, to town will help both his business and other businesses in town. Roy Zuck, 1607 Alderson Avenue, Billings, Mt. spoke in favor of the project. He is the engineer on the project. He states that they will improve Bernhardt Road and put in curb and gutter. They will also do some work along E. Railroad Street and bring everything up to grade. This will be done as the development of the project proceeds. All facilities inside will be hooked to the public water and sewer facilities. Everything within the facility will be done well. A question from the audience is raised on the planned traffic flow into the facility? cal states that this will be addressed by the traffic study engineer later in the public hearing. Bill Thorndahl, of 909 3rd Avenue, who is also Chamber of Commerce President, spoke in favor of the project. He states that personally he feels that this is going to be a good project for the betterment of the City and this is the type of project that the Chamber would generally support. Bob Marvin, Traffic Engineer on the project, spoke concerning the traffic study he did and gave the high points of the study. He began by stating that this was one of the more unique studies that he has conducted due to the seasonal nature of the park. The main traffic impacts will only occur about 6 months out of the year. It is something that you have to design for peak conditions and still keep in mind that its not a constant problem or irritation all year. With the development being done in Phases the problems with traffic can be accomplished over a period of time, easily. On an average weekday in the summer this development will have approximately 3200 vehicle trips a day. One thousand of those trips will be people going within the park only, say from the motel to the park. About 640 of those trips would be passerby trips from the interstate (trips that would of been there anyway). They turn off to access the site. The highest impact will be on South Washington Avenue. At this time are 400 cars that travel that street per day. That will increase to 2006 cars per day, which is still well under its capacity, as it is a wide street that is in good condition. E. Railroad Street vehicle traffic will increase about 15%. Total cars will be just a little over 1000 per day. S.E. Fourth Street will double in existing volume. Traffic analysis were performed at all of the intersections. In that analysis they defined 5 projects that need to be done. Those are: 1) The reconstruction of the intersection of E. Railroad and S. First Street is definitely needed. The intersection is in bad shape at this time. All left turns would be prohibited at that intersection. 2) S.E. Fourth Street and S. First would need a traffic signal installed. 3) The west bound ramps of Highways 212 and 300 intersection meets the warrants of a traffic signal, at this time. It is a unsafe intersection and will become more so when this development is complete. He has contacted the state on this issue. The corner of S.E. 4th and S.E. Washington (actually a non-standard design- a curve in the road) needs to have a center line installed. 5) E. Railroad Street and S. Washington. E. Railroad should be widened to provide a left turn lane and the proper signing and channelization be installed to route traffic along S.E. Fourth to the new signal. There are some impacts with this development but he feels that they can all be resolved. Percentages of increase on the intersections will be: E. Railroad and First South- 8 % S. 1st and S.E. 4th- 30% W. Ramp at 212- 18% S.E. 4th and S. Washington- 300% E. Railroad and S. Washington- 400% Question on the elimination of all left turns off of E. Railroad onto S. First. What recommendation does the traffic engineer have to re-route that traffic? No recommendations at this time. It will be studied further. They did a traffic count on a Thursday in December between 4:30 p.m. and 5:30 p.m. and there were only 8 vehicles that turned left onto S. First. General discussion is held on the 5 proposed projects. Cal states that this is the recommendation from a professional and that this recommendation is not cast into stone. All of these areas will be addressed. 4 D~scussion on the elimination of left hand turns. Gail Klose spoke. Her husband is a semi truck driver and she is upset that he and other drivers will not be able to make a left hand turn. She states that the impact of this project is going to cause problems for all of the semi-truck drivers that turn onto S. First. People have a hard time getting along with larger trucks. She thinks we need to look at this problem. She is not opposed to the development but is worried about injuring tourists. Rob Engh, 1033 7th Avenue, spoke. He has a business on S. Washington. He feels that the route to the site has more turns than he feels comfortable with. He would like to see a different route made, such as coming right off of the interstate directly to the site. A Statement is made that the developers did try to buy a strip of land that went directly in to the site from S.E. 4th and the owners were unwilling to sell, at least at a fair price. Darrell McGillen made a point that at one time there was a Convoy Company (still there), Boise Cascade, which employed about 250+ employees, and a Burlington Northern Railroad car shop that employed between 300 - 400 people daily. All of those people traveled E. Railroad Street onto S. First at that time. Now a developer comes in and wants to bring in people to the community and all of the sudden we have a traffic problem. Those roads have not changed for 44 years, the underpass is still there, and S.E. 4th is, to him, considered a fairly new road and development. What makes this development any different when there were 700+ people traveling that road 10 years ago? More discussion on the mixing of tourists and 18- wheel vehicles. Cal questions as to whether or not the state has been contacted about these problems? Bob Marvin states that he has not spoke to the state regarding the E. Railroad and South First intersection. Bill Strauch, 1315 4th Avenue, questioned who would be responsible for the funding of the proposed road improvements? Cal stated that it would not be fair to ask the developer to pay for the improvements when the road problems have existed for many years. But, Cal feels that this is an issue that needs to be addressed. Mr. Strauch also feels that the figure of 8% traffic increase seems to be low. He also wonders if the state has been contacted about the problems? Mr. Marvin states that he did contact the state on some of the problems with the roads. Curt Riemann, 702 W. Maryland, spoke in favor of the project. He states that he is in favor of the project as it is written on the proposal here tonight. He feels it will be good for the community, but he does have some reservations on the additional acreage proposals. Cal commented that the public hearing process will have to be done for every piece of acreage that exists in the subdivision, and the board will have a 5 chance Fo review the pro~ uses on the remaining acreage. He did state that if the n~oZe~ ~oes choose to put in a bar within the motel, we cannot control that. The ~[2e controls the liquor licenses and we cannot interfere with the states decision. Gail Klose wondered how the additional traffic that comes into the downtown and residential areas will be handled. Again, she is not opposed to this project, she wants to make sure the town people remain safe. She feels there will be a need for more stop signs and police once this project comes in. Cal states that the subdivision review process can only study and recommend so much. Any amount of increase in spendatures because of this project, will have to come out of the common fund (taxes). It would not be fair to the developer to have to pay for every change that comes about, in the future, from this project. OPPONENTS Terry Krum, 1311 E. Railroad St., spoke in opposition. He has lived on E. Railroad Street for most of his life. He has watched the traffic change on that street. It is different now than it was 10 years ago, as there are more semi-trucks using the street. He doesn't feel we should mix tourists with heavy truck traffic. He is also wondering how we will keep our kids safe, and who will be responsible for how many get killed? It will happen. William Bernhardt, 607 Bernhardt Road, spoke. He is not opposed to this project, but wants to make sure that the developer keeps his ditches intact, as they have been for the past 100 years. If they are not kept intact his livelihood will end. It was stated that Mr. Bernhardt was called personally by the developer and told him that they wanted to be good neighbors. The developer feels that there is a simple solution to the problem and they will add~ess it. Cal states that this is an issue that needs to be addressed, and be part of the subdivision agreement that is signed. Developers have good intentions and an agreement will hold them to promises. The public hearing was closed at 8:02 p.m. Cal passed out the subdivision improvement agreements that the developer gave to him. Cal stated that he would like the following items considered to be put into the subdivision agreements: 1) 3) 5) Drainage on Railroad Street- the refitting of the south barrow pit. Fire hydrants need to be put down on the South portion of the street, for fire protection. Leaving the irrigation ditches intact. Bernhardt Road needs to be with a cul-de-sac at the end of it, with curb and gutter installed. Developer has to participate in off-site improvements of the intersections that need to be worked on. This will be subject to 7) 8) 9) ~o) the impact it creates. Signage comments made in the transportation plan be complied with by the developer. (Signs that help tourists find the project) Utility easement of 20 feet. That all of the easements of record be kept within the subdivision. Pedestrian paths need to be provided in the interior of his project- which carries along to the motel. These must meet the A.D.A. requirements. A turn lane on E. Railroad and Washington, as per the traffic study. All landscaping and off-street parking requirements, as per Ordinances, be met. Lonnie Kellogg brought up the need for an additional police officer for the amount of extra traffic this will bring to Laurel. He is wondering if this issue can be addressed? Cal states that this is not gomething that can be addressed in a subdivision review. Brad Anderson stated that the time frame for this development is subject to chan~e. The first phase is set to be done by May 1996. The last two phases time frame will depend upon on how they do financially. Cal questions the traffic engineer on whether he can get the number and types of vehicles that make left turns at S. First and E. Railroad. Question on traffic control device put in at S.E. Fourth and S. First? Is this correct? Yes. Question on the 8% increase at Railroad and S. First? Is this correct? Yes~ when you consider that there are about 10,000 cars that travel on S. First, 8% of that figure would mean 800 cars. The signage would have the traffic travel on S.E. Fourth to the site. Comment that the traffic signal at S.E. Fourth would cause a traffic jam coming off 1-90. Question on the funding of the improvements to state roads. Does the state plan to make these improvements and pay for them? Cal states that we will have to ask the state that question. Chuck Dickerson questions as to whether or not we can change the speed limit in that area to 15 m.p.h.? Cal states that this would have to be taken up with the police department and City Council. Billielou Lance suggested that because the majority of the traffic would be routed onto S.E. Fourth Street, following the signage, the traffic on E. Railroad Street will probably remain the same as it is now. Tourists generally follow signs. 7 Mrs. Klose states that tourists do get lost. She questions as to what t~ percentage is of people that follow signs? The traffic engineer does not have that type of figure. Chuck Dickerson states that the truck traffic can go east on Railroad. Billie!ou Lance points out that the route through S.E. Fourth is through business property, not residential. Lonnie Kellogg states that the area needs street lights for this project. He feels this should be addressed now in the subdivision agreement, and not through an S.I.D. He also stated that it is much easier for the police department to patrol a lighted area. The project engineer states that the project will be well lighted for security and safety reasons. The developer states that the area will be lit up like a used car lot, for obvious reasons. He also reminded the committee that the park will be running only 12 full weeks out of the year, and on week-ends in the winter. He also indicated that he has contacted Montana Power concerning lights, and they do plan to have lights installed. Chuck has heard concerns about security at the park. He is also concerned with transients using the park as a haven. He stated that the police department will not be able to keep watch on the transients. The developer questions when Chuck wants security? While they are open, or closed? He states that those concerns will be addressed when they come up. The building Will be hooked up to an alarm when it is not in use. They are also planning to have a permanent caretaker at the Camp Ground (Phase II). Cal wants clarification on when Lonnie feels the lighting should be up and on. Does he want it to be there just 12 weeks out of the year, or year around? Lonnie states that he would like the police department and engineering department to discuss. Jim Flisrand states that he doesn't think the lighting issue should be put into the subdivision agreements. The Lighting District would normally involve all adjacent property owners including; the railroad, Fiberglass Structures & others. Cal suggested that a recommendation be made to the council that the lighting plan for the park facility and maze be submitted to the city engineer and police department for review. Cal also stated that the exact status of the ditches will have to be worked out, to Mr. Bernhardt's satisfaction. Cal again went over his final list of recommendations for approval of the zone change and preliminary plat. 8 2) 3) 4) 5) 6) 7) s) 9) 10) Refitting of the south barrow pit on E. Railroad Street to take care of the 100 year storm drainage. Placement of fire hydrants as per City code on the south portions of this property. The delineation of the establishment of the irrigation ditches to continue with their present level of service. Bernhardt Road be built to a full width road with curb and gutter and a cul-de-sac at the parking lot. Off-street traffic improvements that have been discussed here tonight will be worked out in detail as to who, when and where. Signage in compliance with the recommendation in the traffic study, both on the interstate and in the city limits. Utility easements- 20 feet as per requested. Subject to all easements of record. No bars or casinos will be placed on this Phase I property. Handicapped pedestrian paths be placed within the interior of the park. All storm drainage on site must be taken care of. Landscaping and off-street parking requirements, per City code, be addressed. Mr. Bernhardt spoke again in concern over his ditches. He stated once again that he is not opposed to this project, he just wants the ditches to remain with uninterrupted service. Ziggy Ziegler told the Board that he would direct the state to the problems we have brought up here tonight. They will be in Billings on April 3rd. Motion by Billielou Lance, seconded by Merrill Watkins, to recommend approval of this zone change and preliminary plat to the City Council with the above recommendations. Motion carried with all members present voting "Yes". (9--0) Cal stated that there is a bill before the legislature to redo the Montana Subdivision and Platting Act. This is a complex bill which involves many changes and effects everything. It opens up the opportunity for the developer to sue the government in cases where he feels like he didn't get a fair deal. Cal feels that the subdivision laws as they are now are good. Cal would like us to contact Senator Ken Miller regarding this bill (#473) and urge him to vote against it. This bill has passed the house and is now in the senate. Suggestion is made to draw up a letter from the Planning Board to Senator Miller and fax it to him in Helena. Cal will draw up the letter and Cheryll will send it. Motion to adjourn the meeting made by Larry Thomas and seconded by Lonnie Kellogg. Meeting adjourned at 8:53. Respectfully submitted, Cheryll Lund, Secretary 9