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HomeMy WebLinkAboutCity/County Planning Board Minutes 01.12.1978 MINUTES OF THE LAUREL-YELLOWSTONE CITY - COUNTY PLANNING BOARD LAUREL, MONTANA 59044 January 12, 1978 Meeting called to order at 7:30 p.m. by John Hawley Smith, President, with the following members present: John Hawley Smith, Pres. (City Representative) Jim Seaton (County Representative) Kenneth Christian (County Representative) Tom Bradley (City Representative) Otto J. Preikszas, Exec. Sec. (City Representative) Leo Kamp, Jr. (County Representative) R. M. Williams (County Representative) members absent: Ed LaPrath (County Representative) William Siegel, V. Pres. (City Representative) Donald Ronan (County Representative) Jack Mayes (City Representative) also present: John MacMartin, Cumin Assoc., Billings LeRoy D. Zuck, 1607 Alderson, Billings Peter L. Peterson, 1607 Alderson, Billings John G. Zuck, 1304 16th West, Billings Tom Astle, Billings Gary, Jackie, and Henry Kindsfather Willis Jones, Billings Albert and John Robertus Ray Wallila Alex and Roger Hart Fred Ketron, P. 0. Box 1716, Helena Gerald, Clyde A. & V. E. Shay Gerald Aisenbrey Leona and Louis A. Sticka John Wm and Robert Fox Charles Roth R. F. Heiser Ed Kern Raymond K. Carl others who did not sign roster Minutes of previous meeting read and approved. Bill from Eng. /Bldg. Dept. for Administrative Services, Jan., $150 approved for payment. Reappointment of R. M. Williams to 1978, letter read from County Comm. Same form for Kenneth Christian to 1979. Same form for James Seaton to 1980. The Board is short a member -at- large. I PAGE 2 MINUTES Planning Board January 12, 1978 HEARING OF PB 77 -20, HOVEN TRAILER PARK SUBDIVISION PRELIMINARY PLAT: Tom Astle, Sanderson /Stewart /Mueller Eng., representing Hoven, presented summation of the preliminary plat request for 132 trailer spaces on the basis of need, effects on agriculture, effects on local services, effects on taxation, effects on natural environment, effects on wildlife and habitat, and effects on public health and safety in writing, copy attached to these minutes. Cumin Assoc. recommends, after review by the Plat Review Committee, that a conditional approval be recommended to the County Commissioners. The recommended conditions are: 1) The provision of a second access from the trailer park onto 48th Ave. 2) The use of the words "Traffic Control Devices" in the Subdivision Improvement Agreement and the Waiver of Protest 3) 50' of half right of way needs to be shown for U. S. Highway #10. Willis Jones, lawyer, Billings, rpresenting the protesters, presented two petitions for denial of the subdivision listing reasons: 1) no need in the neighborhood 2) surrounding housing will be adversely affected and will have depreciating effect on natural environment 3) concentration is detrimental to wildlife, agriculture, aesthetic values and will increase burden on highways, law enforcement and schools. 4) concentration increases danger to life and property because of inadequate fire protection and other facilities 5) adverse affect on agriculture because of interference with irrigation and drainage ditches and natural problems arising from the keeping of livestock and feedlots in the neighborhood 6) high water table and use of septic lines and tanks can only invite future pollution and disease. Water assessment is incomplete for this hearing. Has been turned down by the State Health Dept. Quality and quantity of water has not been sufficiently studied. The need has not been established. The ground water is 8 to 10' according to EIS. Need to consider added sewage. Effect on agriculture will be minimal. Feed lots within the area -- odors, birds, and other diseases will be a problem. Also kids, dogs and people will cause problems in the agricul- tural community. Situation between Billings and Laurel cited. Taxation -- will cost more for children going to schools -- about $70,000 cost to the city taxpayers. Suggests leaving the property as is or developing into single family units. Gerald Shay lives south of proposed development, and is especially concerned that the concentration of people will make it nearly impossible to carry on agricultural busi- ness next to something like this. He does not feel this is the right time or place for this development. Nothing adjacent to the area is built up at the present time. Al Richardson farms in the area and rents area adjacent to the proposed plat running lambs, sheep and ewes on the property. Dogs would be a very real problem to his farming life. PAGE 3 - MINUTES Planning Board January 12, 1978 Gary Kindsfather lives east and is concerned about sewer water getting into the open drains which he recently installed. Kids have been a problem from single family subdivisions already. Vandalism, B -B guns, etc. Saturday nights are especially bad, is worried about ditches -- they seem to be favorite playing spots. Doug Markegaard lives about two miles away and operates a feed lot. Concentration of people worries him about State Board of Health saying that he is in violation, and worried about his investment. His taxes are more at the present time than will be generated. Could have a "mexican stand- off." 70% of his taxes go to schools. Gerald Shay, Sr. has been around since 1909 and stated this is a solid farming community. Hank Little questioning need for development and aesthetic effect. Requests that agricultural land remain agricultural. Tom Astle's rebuttal: "Nobody wants a trailer park next door no matter where they live" but the need is here. Higher priced homes are being built towards the north; moving west and south will be lower classed residences. Nearer to the highway will be an ideal location for a trailer park. Drainage will be easier. No plat can be filed without the State Board of Health's complete approval. Letter read from the Department of Health and Environmental Sciences, Helena, regarding their review of this preliminary plat. Developers will go through tests required. Need is expressed by the 1% vacancy rate. Laurel needs 1100 new units per year to stay even with the population growth. Ideal vacancy rate would be 5 to 7 %. Harley Hoven spoke for his subdivision. The growth area is westerly. Demand is for low cost housing. Willis Jones questioned regarding park dedication, street dedication, etc. Tom Astle replied lots are not for sale and the subdivision is exempt from dedication. They will dedicate half of 48th Street. Gerald Aisenbrey farms farther south and states the ground absorption will be a problem with the run off going down the drains to his property and into his irrigation ditches. Gerald Shay likens this development to the town of Park City on 35 acres of ground in the middle of a farming community -- this would be "hop scotched" urban sprawl. PAGE 4 - MINUTES Planning Board January 12, 1978 Motion from Jim Seaton to deny request, seconded by Otto Preikszas. Motion amended by Leo Kamp, Jr., seconded by Kenneth Christian to state pursuant to public opinion and agricultural under Sec. 11 -3866 (b)(c), both motions carried. Recommendation for denial will be directed to the Board of County Commissioners. Discussion. Protesters dismissed. HEARING OF PB 77 -21, MOUNTAIN BELL REQUEST FOR ANNEXATION AS C -2: Fred Ketron of Mountain Bell presented his request for annexation as C -2. Preliminary feelings of the board was requested on October 14, 1976. Discussion of lot area, 110 x 268 fronting Highway #10. Cumin Assoc. stated their recom- mendation to accept the annexation request but to deny the C -2 zoning. Tom Bradley recalled that H & R Oxygen was denied a zone change nearby and discussed spot zoning. C -1 and C -2 zoning specifications read. Cumin Assoc. recommended denial of the zone change in conformance with past actions of the board. New zoning ordinance is to include permission for utility subdivisions. Leo Kamp, Jr. argued for Mountain Bell proposal. Robert Smith suggested Mountain Bell has a good track record as opposed to others in the area. Leo Kamp, Jr. motioned to recommend annexation as C -2 be granted, seconded by Kenneth Christian. Motion passed with Tom Bradley voting "no." RE: JOHN G. ZUCK ETAL: Prospecting for feasability study for land west of Laurel by John G. Zuck etal just east of proposed Hoven Trailer Park (see attached letter). Explained development generally to be high density facing Highway #10 and residential north with main sewerage and water lines to lie along Highway #10. Concensus of board was against commercial north of Highway #10 with high density residential on south side of area fading into residential north. John MacMartin suggested a PUD. Tom Bradley reminded of probable trouble with commercial on north side of Highway #10. RE: FOX SUBDIVISION: Mr. Fox is filing with the City Council for annexation. Leo Kamp, Jr. suggested a special meeting to consider the proposed zoning ordinance on January 25, 1978, at 7:00 p.m. Accepted by consensus of board. Leo Kamp, Jr. moved that the board approve $2,500.00 payment (County share) as per contract to Cumin Assoc. for Oct., Nov., and Dec., 1977, seconded by Kenneth Christian. n PAGE 5 - MINUTES Planning Board January 12, 1978 At the end of the meeting there was discussion about absentee members and the fact that the Board may be short two members. The consensus of the group was to ask Gerald Shay to be the member -at- large. Meeting adjourned at 9:45 p.m. Respectfully submitted, Otto J. Preikszas Executive Secretary pi 1/11/78 Planning Board Laurel, Montana Gentlemen: This is to explain our ideas 85 proponents to the proposed subdivision West of Laurel on 116.8 acres. We intend to phase this development over a period of several years. Ten years being a time limit as of this date. Our proposal on development is: 256 residental building sites, being 11,200 sq. ft. in size. 24 multi - family building sites, being 7,200 sq. ft. in size. 11.5 acres of commercially zoned land on the south end of the plat, next to Highway #10. 7 acres of public park. Our intention on satisfying the contiguous rule to annexation is to come from the south west corner of Casa Linda Bubdivision, continue in a south westerly direction using Lot 2 of C/S 1262 as the final parcel of land touching the northeast boundary of this proposed subdivision. We intend to bring utilities to the land as per recommendations from Laurel Engineering Dept. Tentatively bringing water and sewer west on Highway #10 right of way. The development of this subdivision will meet all state and local rules and regulations. Financing of the utilities, curbs, streets, etc. is being proposed by using "Special Improvement District" facilities. At this date developers have purchased a feasability study time for this development and would appreciate a written opinion on the feasability of this proposal prior to February 21, 1978. Yours truly, Jo - Zuck L -�0. Zu Leslie H. Zuck Peter 1. Peterson