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HomeMy WebLinkAboutCity/County Planning Board Minutes 12.13.2001DRAFT MEMBERS PRESENT: OTHERS PRESENT: MINUTES CITY-COUNTY PLANNING BOARD DECEMBER 13, 2001 6:00 PM COUNCIL CHAMBERS Gerald Shay, Chairman Bud Johnson, City Rep. Ed Thumer, City Rep. Kate Stevenson, City Rep. Kurt Baltrusch, County Rep. Clarence Foos, County Rep. Tom Robertus, County Rep. Laurel Haggart, City Rep. Steve O'Neil, City Rep. Cal Cumin, City Planner Cheryll Lund, City Secretary The minutes of the November 1,2001 meeting were reviewed and accepted as written with the addition of Ed Thurner's letter and Cal Cumin's recommendation on Little Dude Ranchettes being attached. ZONE CHANGE AND PRELIMINARY PLAT - LITTLE DUDE RANCHETTES Cai stated that the validity of the testing that was done by Aquaneering has been questioned. Cal has taken the issue back to the Bureau of Mines and they suggested an additional pumping test be done for 36 hours. Cai stated that the developer agreed to do a well pumping test for 36 hours at the proposed subdivision site. A1 Hicks, from Pro Pump will help with the test and the Bureau of Mines will read and analyze the results. It was hoped that this test would have been done before the December meeting but due to scheduling conflicts w/th ail involved parties the soonest it could be scheduled was the first xveek in January. In light of this test Cal suggests that the board keep this proposal tabled until next months meeting on January 3ra. Cal contacted the developer and he is in agreement that this should stay tabled until that test is done. Cal states that he personally is not ready to make a recom~nendation on tiffs water issue until he gets more facts on the water issue. The fact that a third party will be reading the test is an advantage. Laurel Haggart questions whether or not the protest letters received matter? Cai states that the protests are important because when 25% of the property owners within the 300-foot radius protest, the ordinance reads that the final decision has to pass by a SA vote by the City Council. Laurel questions whether or not the County Commissioners can deny or approve this, even if the board and the council pass it? Cai clarified that the County Commissioners have no say in the zone change; the City Council makes that final decision. The County Commissioners only have the final say on the preliminary plat. Bud Johnson questions as to whether or not, in Cal's opi~fion, if this re-test indicates a less desirable outcome than what's already been recorded is there any question that the developer is going to change course? In Cal's opinion he feels the developer will t~. to ramrod this through regardless. If the test comes up with less water than desirable Cal thinks he will push it anyway. In Montana there has never been a development denied because of groundwater. Ed Thurner states that this should not be considered without making d~e developer hook up to city water and sewer. He goes on to say that this will impact the city's schools and roads and yet we won't be getting any tax money from it. (Note: These are the only comments I can hear as Ed is not easily heard on the tape recorder I had to use for this meeting) Gerald Shay states that as long as state law allows these subdivisions we can't deny it on the impact to schools. And, county taxpayers do pay school taxes. Bud Johnson states that we maybe we need to review the issues that zone changes are based on. Cai states that the issues we can consider are listed in the report that he passed out at the last meeting (see attached). Cal's written comments cover all of the issues. He reread his comments to the board and reviewed them. Question on whether or not, if this proposed subdivision were within the west-end plan would it pass all of the requirements? Cai stated that yes, it would. Bud Johnson went on to say that the "feel good solution" is always the easy one to take in these issues. He feels that unless we uncover something of real substance in this case that the developer and his representatives could find fault in our decision. The conclusion that comes to his mind is, is following this process with the water situation going to help the situation for the people going to live there? Cai states that the only thing we can do is file the water information with the preliminary plat. Gerald Shay asks if the board could be liable for any decision they make on this if the water issue eventually was a problem for the residents? Cal stated No. If we make our decisions carefully as a board then if and when a judge does look at the case he can see that all of the issues were made based on the infurmation given to the board. This board is responsibly doing "due-process" of planning. Bud clarifies that his question was, are we fulfilling our duties at the highest level to allow this final test to be accomplished regardless of the results'? Cai states that we are doing just that in this review. Clarence Foes asks if the water test comes back with a negative outcome is that a basis for turning this application down? Cai states yes. He reminds the board that we are responsible for reviewing this application so that the city council to make their final decision on. We would be remiss in our job if we didn't ask for every bit of information and testing that was available. Question on whether or not the Bureau of Mines will be giving us an evaluation on the raw data from the new test. Cai states that the Bureau of Mines will only evaluate the test and through that we should be able to make a decision. Kurt Baltmsch questions whether or not there are water rights available for irrigation from the ditch for the Montana Meadow residents? Kurt will look into this issue and report back. This issue will remain tabled until the January 3, 2002 meeting. Discussion was held on the focus, ability and duties of the Planning Board. ENTRY WAY ZONING DISCUSSION Cai would like the board to recommend a 6 months moratorium on zoning within our entry ways to Laurel while the board reviews lfis draft ordinance for entry way zoning. Discussion. Motion by Laurel Haggart, second by Clarence Foes that the board recommend a 6 months moratorium be imposed for interim zoning for 300 feet on either side of the 1-90 interstate entry's to create an entryway zoning district and hold a public hearing at the January 15, 2002 City Council meeting. Motion carried 9-0. Meeting was adjourned at 7:10 pm. Respectfully submitted, Cheryll Lund, Secretary 3 MEMO SLq3JECT: TO: FROM: DATE: Findings and Conclusions Regarding Little Dude Ranchettes Zone Change Request Laurel Zoning Commission Cai Cumin, Laurel Planning Director November 1,2001 LEGAL COMMENTS The Laurel Municipal Code (17.72.050 (G)) requires that, "The planning director shall report his findings and conclusions in writing to the rezonlng commission, which report shall be a matter of publ/c record." State code (MCA 76-2-304) requires that local governments take into consideration during deliberations on proposed zone changes the 'Purposes of zoning': (1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, schools, parks, and other public requirements. (2) Such regnlations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability, for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. State code (MCA 76-2-305(2)) provides that when a protest against a proposed zone change is signed by the owners of 25% or more of the area of the lots within 150 feet from the subject zone change, such amendment shall not be come effective except by the favorable vote of two-thirds of ali the members of the ciff council; there is such valid legal protest. SPECIFICS OF ZONE CHANGE _'REQUEST The applicant has requested a zone change for existing Block ! (less Lot 7) and B}ock 2 of Little Dude Ranchettes Subdivision located east of Montana Meadows in east Laurel. A :equest :'or subdivision :~mendment accompanies th/s Zone Change Request. The :equest is :'rom Suburban Residential :five-acre zoning) to Residential Tracts (a zone :eqt:irlng one-~cre minimum :facts of!and for sing!e-famiiy :esidentiai). Basically, nine o£,.he originai ~en? 5ve-acre ots are being ?roposea :o change to 29 smailer !ors. The property to the west is zoned Residential Tracts and consists of the largely built-up Montana Meadows. To the east is the Mossmain Industrial Park which is beyond the City"s extra-territorial zoning, and the property, to the south is the Light Industrial of railroad activities. The land to the north is farmland and is zoned Agricultural-Open Space. This subdivision was approved in 1995, and, subsequently, the developer requested a re-zoning to smaller lots. The latter request was denied. The present application is again a request for smaller lots. The land is adjacent to the east side of Seitz Ronan Road and consists of 47.132 acres gross and net. The streets and utilities are already in. PURPOSES OF ZONING In reference to 'purposes of zoning': The proposed rezoning complies with the Comprehensive Plan in that residenUal land uses is the long-term use of the area. The proposed zoning is not designed to lessen congestion in the streets; however, the existing roadways can easily carry the increased traffic generated by the additional housing units. The existing capacities and considerations apply for the undue concentration of population and adequate water, schools, parks, and other public requirements wording in the statute. CONSIDERATIONS The main reason the previous re-zoning failed was the issue of groundwater availability and the lack of the developer to prove to the City's satisfaction that there was enough ground water to provided the new homes adequately without detrimental impact to the existing subdivision. The developer subsequently drilled test wells and provided appropriate monitoring to assess proposed impact. The report published concerning this monitoring was part of the application submittal and made available to the Planning Board and reviewing agencies. Copies were also sent to the State Department of Natural Resources and Conservation, Water Resources Division, and the Montana Bureau of Mines and Geolobff for analysis of the information provided by the developer. The groundwater analysis dere,wnined that there would be !ittle impact on area ground water fi.om the new homes, that the analysis done by the developer was sound, that the aquifer supplying water :o Montana Meadows was up~aae and cross-~ade from the new ~eve!opment (and would not seriously impact that existing subdivision), and that the real threat ro ground water in the west-Yellowstone Valley area was long-range de-watering :aused 3y replacing irrigated abmcuiture with :esidentiai subdivisions. This iatxer point is an issue :hat will ~ne 2ay :teed to 3e addresseci 3ut. as a sole detenmnant suixiivision, is not at thru rime Yalid. The next step in development, if zoning approval is =-,ranted by the City Council, is for the recommendation regarding the subdivision plat to be sent to the Board of County Commissioners. If the land area of the development were contiguous to the City of Laurel, the City could require annexation, and the subdivision plat would be reviewed and decided on by the City and not the County Commissioners. As previously noted, the land has already gone through the subdivision process once. Given the considerations discussed herein, my recommendation at this time (before the Public Hearing) is to approve this request for zone change. D-R-A-F-T ENTRY'WAY ZONING DISTRICT (Add to City, Zoning Ordinance) Chapter 17.26. Entt3,way Zoning District Section 17.26.010. Intent. Section 17.26.030. Application and Approval Process. Section 17.26.040. Definitions. Section 17.26.050. Development Standards. Section 17.26.052. Landscaping Standards. Section 17.26.054. Building Design Standards. Section 17.26.056. Additional Provisions for Commercial Uses. Section 17.26.010. Intent. The natural landscape in the Yellowstone Valley is a major influence on the form and character of Laurel. Residents appreciate being able to see the Beartooth Range, the river's corridor of trees, and the large expanse of sky. The intent of the Entryway Zoning District is to promote attractive, high quality development and to provide an appealing image of the City of Laurel to the traveling public and the people of the community and region. Further, it is the intent of this district to maintain a sensitivity toward existing development while preserving scenic vistas and the pastoral tanbience and protecting environmentally sensitive areas. Creativity in meeting these requirements is encouraged with the overall intent of all development representing the image and economy of the Laurel area-and ~ot just a reflection of the same commercfial buildings, signage, and parking lots that are seen alongside the interstate across the nation. Projects in the vicinity of large natural areas/corridors shall be designed to compliment the visual context of the natural area. Techniques include architectural design, site design, use of native landscaping, and choices of colors and building materials shall be utilized in such manner that scenic views across or through the site are protected and man-made facilities are screened from off- site observers and blend with the natural visual character of the area. The intent of this Section is to: A. Promote a unique, attractive physical landscape through topographic variations, water areas, native vegetation, and scenic vistas. B. Create and preserve open space. C. Preserve and enhance unique qualities of the total environment. D. Encourage creativity in design. E. Provide tbr harmonious land design and quality site planning, which will produce a more desirable and attractive environment. ?. Reduce the level of adverse impacts from the transportation system on adjoining lands. G. Promote development patterns in harmony with the goals and objectives of Laurel's Growth Management Plan. Dromote compatible land use transitions with a sensitiv/ty reward existing residential '.lses. use comp plan to preserve op apace use purchased open 67~ace easements &hat else may ~ and [~ndowners want??) der 'd vs under 'd areas geographic area?? incentives?? ~¥empt agriculture.from .special assessments? Section 17.26.030. Application and Approval Process. A. All plans and applications for development and signs shall be submitted to the City- County planmng Board. All applications must be submitted and signed by the property owner, lessee, the contract purchaser, or the authorized agent of the property owner. Approval is required prior to any construction activity. B. Each application shall include, but not be limited to the following information: a. The name and address of the proper~y owner; b. The name and address of the applicant; c. The legal description of the parcel; d. A map drawn to scale showing the dimensions, acreage, location of the parcel, north arrow, streets and adjacent land uses; e. A complete site plan drown to a scale of no less than 1" = 40' showing the dimensions and locations of all structures, streets, paving, parking, landscaping, signage, waterways or other significant features of the development; f. Complete elevation drawings drawn to scale including the dimensions and height of the structure; and g. Signage Plan specifications and location (applications for signs only--see Section 17.26.050), C. ////? Within fifteen (15) working days following the submittal ora complete application, the Planning Director or other City designee shall issue planning Department approval Ibr development or a denial of the application, unless the applicant consents in writing to an extension of the re~/ew period. Should the appticalion be denied, the applicant shall be notified/n whting specifying all areas of noncompliance w/th this chapter. Section 17.26.040. l)efinitions. Terms not specifically defined in this section shall use the same meanings as they are defined elsewhere in the City Zoning Ordinance. The standard dictionary meaning shall be applied to terms not otherwise defined. Section 17.26.050. Development Standards. Si~mage Signage needs to recognize the relationship between a4iacent land uses and the natural ~'eatures of the location such as ex/sting views or proximity. ~o residences. Signs perform a valuable function in providing information concerning services, products, and businesses. A profusion of signs, however, produces a cumulative effect that cancels out individual effectiveness and detracts from the appearance of the commumty as a whole. Signage from individual businesses shall not be allowed to dominate other businesses. All signage shall be reviewed with the following considerations: a. Are the colors subdued rather than glaring? b. Does the location, size, and height avoid obstruction of views of the community, the river corridor, Uadifional open spaces, orthe mounta/ns? c. Is the sign compatible in style, size, shape, and graphic design with other signs within 300 feet? d. Is the sign in permanent, durable mater/als? e. Does the size and location avoid or minim/ze the sense of clutter with nearby signs? f. Is the sign professionally prepared? Setback from interstate or generally parameters allowing billboards closer if standards are met?? height and coverage limitation (1/m/ted to 250 sq f~ in Blgs): If free standing signs are used, they shall be monument style, low in height (specify), and low-key in colors and lighting. The owner must demonstrate that the proposed sign will not disrupt the views of the community, the Beartooth Range, river corridor, or the pastoral sense of the enttTway. removal of non-contbrming signs or old dilapidated ones; Existing billboards that are replaced due to age must meet the new standard; billboards for local community business promotion on/y. spacing between limitation composition OFF-PREMISE/BILLBOARD SIGNS 1. The following chteria will be used in reviewing applications for new signs: These may not be needed if standards are developed that allow sigm' to locate if meet the standard. a. That the location and placement of the sign will not endanger motorists or pedestrians and does not interfere with the clear vision triangle at street, railroad, or street driveway intersections. b. That the sign will not cover or blanket any prominent view ora structure or faq:ade of historical or architectural sigmficance. c. That the sign will not obstruct views of users of adjacent buildings to side yards, yards, or to nearby open space. This requirement does not include views of distant vistas. ri. That the sign will not negatively impact the visual quality ora public open space such as a recreation facility., square, plaza, court yard and the like. e. That the sign cannot be seen from the Yellowstone River or any City, Court .ty, or State park or if it can be seen it must be located at 250 feet from the boundaries of such spaces. f. That the height of sign is compatible with the heights of buildings in the immediate area (300-foot radius from sign). Where the view of the sign is obstructed by a building or buildings on the same or adjacent parcels, or where the view to the business or businesses is located on the same or adjacent parcels would be obstructed by the placement of the sign, the height of the sign may not exceed the height of the building on the same or adjacent parcel by more than 12 feet. For safety reasons, the minimum clearance ora sign shall never be less than 8 feet. Heights of signs located in undeveloped areas (no buildings within 300 feet) shall not exceed 22 feet above grade. h. No new off-premise advertising sign shall be approved along ..... . Signs located in these areas shall be removed within 24 months of the effective date of this amendmenti Sign faces removed from these locations may be relocated to other approved sites within the city on a one-for- one basis. Cell Towers (See Section 17.21 of the Zoning Ordinance.) Lighting All site and building lighting must incorporate cut-of shields to direct light downward. Luminaries shall not be visible from adjacent streets or properties. Sign's lighting will not cause hazardous or unsafe dfiv/ng conditions for motorists and will not glare, reflect, or spill onto adjacent bus/ness or residential areas. Turn offafter certain hour? Existing Businesses ? Section 17.26.052. Landscaping Standards. Landscaping in the form of trees, shrubs, and groundcover serve several purposes-the softening of harsh building forms and paved areas, the absorption of grotmd water, the reflection of seasonal color change, and urban wildlife habitat. A. Definitions: Canopy tree: A species of tree which normally bears crown fbliage no lower than six feet above ~ound level upon maturity. Minimum size of canopy tress shall be 2.5 inches in caliper. Evergreen tree or shrub: A tree or shrub of a species which normally retains leaves/needles throughout the year. Minimum size of evergreen trees shall be five feet in height. B. Interstate Frontage Landscaping. All commercial zones are required to place a bufferyard (landscaping strip) adjacent to and along the length of I-90. Such landscaping buffer shall extend from the edge of the r-90 right-of-way to a depth of S00 feet. The developer shall have the option ofbufferyard widths (see options below). Placement and 4 landscaping design shall be at the discretion of the developer. It is recommended that a design professional or local nursery be contacted for assistance with the development of the landscape design. Bufferyard Requirements The developer shall have the option of one.(1) of the following three (3) bufferyards. Bufferyard depth is measured from the property line inward. Any buffer area which overlaps another buffer area shall be subtracted from the total to avoid double counting. Number of trees and shrubs required per one hundred (100) feet of frontage: 1. 25 foot wide bufferyard: 5 Canopy or evergreen trees, 10 Shrubs 2. 20 foot wide bufferyard: I 0 Canopy or evergreen trees, 15 Shrubs 3. 15 foot w/de bufferyard: 15 Canopy or evergreen trees, 20 Shrubs The following criteria shall also apply to the bufferyards. 1. The landscape strip may be contoured. Berming shall be one foot of rise to four feet of run with a minimum of three feet in height. Depress/om shall be no lower than the existing grade of the site. 2. All landscaped areas shall contain ground cover such as sod, shrubs, flower beds, or organic materials. No more than ten pement of the landscaped urea shall contain rock, bark chips, stepping stones or similar material. 3. All landscaped areas shall be sub-imgated, maintained, and kept free of weeds, debris, and litter. Failure to do so constitutes a zoning violation. Existing mature trees and shrubs should be preserved. 4. Depth of bufferyard shall depend on density of vegetal/on. C. Off-Street Parking Lot Landscaping. Landscaping shall be provided within all parking areas as follows: Parking lots containing more than ten spaces shall contain internal areas of landscaping totaling at least ten pement of the parking area. Each planting area shall contmn at least 300 square feet and at least one major tree and groundcover w/th irrigation. There must be a clearly designated pedestrian route from the parldng lot to the street or main entrance. parking space. A minimum oftwen .ty ,20) square t~et of landscaped area shall be provided ±hr each 2. Two canopy and/or evergreen trees and five shrubs shall be required for every nine parking spaces. 3. All landscaped areas shall contain ground cover such as sod, shrubs, flower beds or organic materials. No more than ten pement of the landscaped area shall contain fountains, rock, bark chips, stepping stones or similar material. feet. The min/mum width and/or length of any parking tot landscaped area shall be five 5. Intemal parking lot landscaffmg prov/ded shall be proportionately dispersed, at the developers discretion, in order to define aisles and limit unbroken rows of parking. The maximum horizontal or vertical unbroken length shall be limited to one hundred feet. Landscaped areas provided shall be in a scale proportionate to parking lot. 6. Any development that has parking abutting a required bufferyard, may extend the width of parking landscaping plant material. The minimum bufferyard width and that bufferyard a minimum of five (5) feet and include the additional required landscaping material is required in addition to the parking landscaping. and litter. All landscaped areas shall be irrigated, ma/ntained and kept free of weeds, debris D. Protection of Landscaped Areas. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs, exlraded asphalt or other approved permanent bamers. E. Commercial Uses Abutting Residential Uses. All commemial uses abutting residential uses shall install a bufferyard. The bufferyard shall be ten (10) feet wide and shall contain ten (10) evergreen and/or canopy trees and ten (10) shrubs per one hundred (100) lineal feet. A solid fence or wall that is architecturally compatible in color and&sign with the building, shall be requited on the property line. The fence height shall be a minimum of six (6) feet. Chain link or other wire fencing material is prohibited. F. Recommended Tree T,vpes. It is recommended that the developer work with a local greenhouse operator, landscape architect or other desi~ma professional to determine the species of trees that are most suitable for each sitnal/on. The use of nalive, drought-tolerant plant material is strongly encouraged. Evergreen trees are encouraged for bufferyards and canopy trees are encouraged for parking areas, however, the planting of trees should be done in such a manner as to provide maximmn solar efficiency throughout the site. G. Fractions in the Calculation of Number of Trees and Shrubs. In the calculation of trees and shrubs fbr buffewards or parking landscaping, all fractions shall be rounded m the nearest whole number. Section 17.26.054. Building Design Standards. A. All buildings shall be completed on all sides w/th one of the following finishing material: br/ck, fluted block, colored temured block, glass, stucco, amhitectural concealed fastener metal panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed seam metal buildings shall be prohibited unless covered with an acceptable finishing material. B. Roofs shall be finished with a material that is architecturally compatible in color and design with the consmiction of the building. Metal roofs, fascia, and mansards shall be limited to the following: standing seam, metal shakes or shingles and architectural metal treatments. All mechanical equipment placed on top of any roof shall be screened by a parapet or other similar architectural apparatus being at least the height of the mechanical equipment. Pitched roofs are encouraged whenever possible. C. Long, flat facades that from on the interstate highway having having more than one hundred lineal feet are prohibited. Buildings over one hundred feet in length shall incorporate one of the following: recesses, off-sets, angular forms, landscaping features or other architectural features such as bell towers, clock towers, to provide a visually interesting shape. The break in the facade shall be minimum of eight (8) feet in length. A single uninterrupted length of a facade shall not exceed one hundred (100) lineal feet. It is encouraged that each offset area contain landscaping or other similar amenities wh/ch wilt complement the offset area. Section 17.26.056. Additional Provisions for Commercial Uses. A. Storage of Merchand/se. Any permitted storage of merchandise outside an approved buildLng shall be within an area enclosed with a sight obscuring fence at least six feet in height that is architecturally compatible in color and design with the building. However, promotional displays, vehicle sales lots and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the bus/ness d/splays the bulk of its goods for sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials. Bufferyards or required landscaping shall not be used for the displaSang of merchandise. B. Site Lighting: than: All outdoor lighting shall be designed, located and mounted at heights no greater a. Eighteen l~et above gr~e for non-cutoff lights; and b. Thirty-five feet above grade fbr cutoff lights. 2. Maximum Illumination. All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property, line shall not exceed three- tenth s ( 0.3 ) tbotcandl e for non-cutoff Iights and one and fi ve-tenths ( 1.5 ) footcandles for cutoff lights. Storage of Junk. No person shall store junk, part/ally or completely dismantled vehicles, or 7 salvaged materials in any commemial zone outside a building. In the case of automobile repair shops, such mater/als must be enclosed within a building or an area having a sight obscuring fence at least six (6) feet in height. D. Solid Waste Area. All solid waste storage facilities shall be located within an area enclosed with a sight obscuring fence or wall that is architecturally compatible in color and design w/th the building. Enu'yway Zoning (PB).doc