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HomeMy WebLinkAboutCity/County Planning Board Minutes 03.10.1977 /—N /"~ MINUTES OF THE LAUREL - YELLOWSTONE CITY - COUNTY PLANNING BOARD LAUREL, MONTANA 59044 March 10, 1977 Meeting called to order at 7:35 p.m. by John Hawley Smith, President, with the following members present: John Hawley Smith, President (City Representative) William Siegel, Vice President (City Representative) Otto Preikszas, Executive Secretary (City Representative) Herman Michael (City Representative) Dick Metzger (City Representative)(new member) Leo Kamp, Jr. (County Representative) R. M. Williams (County Representative) members absent: Kenneth Christian (County Representative) Don Ronan (County Representative) Alan Richardson (Member at Large) Jim Seaton (County Representative)(new member) also present: John MacMartin, Cumin Assoc., Billings Terry R. Fink ) Clarence Sonstegaard ) Jim Smith ) SMF Partnership Pat Mullaney ) Herman Hauck Bob Graham Loretta Metzger Frank C. & Mina A. Riesinger Clarence & Kayla Eastlick James L. Redman Donald J. & Mary Bell Hoppel Minutes of previous meeting read and approved. Bills read and approved for payment: Laurel Outlook - advertising for Bob Graham in the amount of $110.00, advertising SMF Partnership in the amount of $6.00, and to the Building & Safety Dept. in the amount of $150.00 for administrative services for March, 1977. HEARING OF #PB 77 - SMF PARTNERSHIP PETITION FOR A ZONE CHANGE: A zone change has been requested on Lots 9 - -17, Block 1, Whitfield Subdivision, and the E of Sec. 9, T2S, R24E, MPM, Yellowstone County except that p rt of E 4 NE 4 as follows: beginning at the SE /corner of E "NE thence running north 430 thence running west 87', thence running south 430', thence running ast 87 to the point of beginning also excepting the north 50' of E from R -1 Interim Zoning to allow R -4 Zoning. The owner proposes multiple dwellings and professional use. The property is located on the north of Maryland Lane south of llth Street on the east and west side of Montana Avenue in Block 10 known as "Hageman property." -1- emN e"1 Pat Mullaney presented a map showing the property indicated in red as the property owned by SMF Partnership. 2 lots belong to 1rhit- fields and they are included in the zone change requested. Green indicates the commercial area to the west inside the city limits already zoned. Zone change request is for R -4 to allow multiple dwellings and perhaps an addition to the Clinic. Mr. Mullaney presented a letter regarding restrictive covenants the owners are willing to place on the use of the land which will prohibit the use of the land for a filling station or other commercial enterprise. Explanation and discussion. Board suggests Mr. Mullaney put in an exception to allow for a clinic. What is the intended use? They want to get the land zoned first and then build multiple housing. John MacMartin recommends approval contingent upon annexation. Department Heads recommended that the rest of Whitfield Subdivision be approved as R -4 and the unplatted half block approved as R -)t subject to the ownership being cleared up. Mr. Graham asked about the Council policy of bringing in less than a block at a time for annexation. Discussion. This is completion of a block plus more than 1/2 of another block. Alley will be dedi- cated. Clarence Eastlick, 1102 Montana Avenue, requests that this meeting be overthrown as all property owners were not properly notified. Petition for the people who would not like to see this go through was presented. Mrs. George Metzger asked if they put an apartment house in could they force Metzgers to fence their property? or change the use? Answer: No. Can not make you change the use of your own property which is outside the City limits. The Health Department may have a say so. Discussion of junk vehicles, etc. Letters of protest read from property owners: Smith, Brown, Kelly and Ellingson, signed petition from Eastlick, etal. John MacMartin pointed out discrepancies in instructions given out to the petitioner. Question of radius of 300' of within 300' of boundaries. Discussion of valid protests within 150' of property. It takes 20% protesting and then it would require 3/4 affirmative vote of the Council to override. Only the City property owners protests would be valid, county citizens have no recourse through the Council. Discussion of forced annexations. Discussion of whose error this was in sending the notices out to a 300' radius. The County Clerk and Recorder, Building Department secretary, and Mueller Engineers concur- red with petitioner's thinking. Petitioner also went around person to person contacting other property owners and did what he thought was right. Leo Kamp, Jr. stated that since all people have not been notified, then postpone the hearing until next month, readvertise, and hold another hearing. Petitioner to pay for the additional postage. Notices should go to property owners within 300' of the property lines (inside and outside City limits). SMF is bound by commercial on the west and on the east by commercial uses -- are we asking for the proper zoning? Discussion. Jim Smith asked if the Board was going to change the rules again next month? Jim Redman asked about upgrading property when being annexed. What is better than the R -1 Interim Zoning? -2 - /'1 Discussion. Question as to who is making the money off of these apartment complexes. This is more of a commercial venture with more than Lt families being involved. Merritt Williams states they now have to provide off - street parking which the developer has to provide. Mr. Eastlick asked if these rules have been in existance since 1957, why was Mr. Turner allowed to continue to build on the same property? These are some of the reasons the Planning Board hired John MacMartin of Cumin Associates -- the City Zoning Ordinance needs to be updated. Complain to the City Council, not to this Board. Discussion of ideal zoning conditions providing buffer zones, etc. Audience dispursed. PB #77 -I BOB GRAHAM and HERMAN HAUCK re. Block K, Casa Linda Subdivision presented their plans for the Planned Community Develop- ment Act. They wanted the Board's approval. John MacMartin recommends approval from this Board and by the City Council. The reason for the haste is the gas connections. William Siegel moved to approve, Otto Preikszas seconded. Passed. John MacMartin presented an "Existing Land Use" map of our mile jurisdictional area for discussion and an "Existing Land Use" map of the City for discussion as per contract agreement. These were correct the summer of 1976. Permanent copies of these maps will be presented at a later date. Another map of the Central Business District is in the process of being prepared. Housing analysis to come. It was strongly suggested that a wall of bulletin -board type material be supplied in the Council Chambers for display of these maps. Cumin Associates presented an invoice for the State in the amount of $2,000 less 10I holdback or $1,800. Motion to approve for payment. Passed. John Hawley Smith signed as President. Larry Herman's name to be withdrawn from the signature card. Zone Change and Timetable Requirements procedure finalized. Motion to accept. Passed. Meeting adjourned at 9:3b p.m., however discussion continued for a short while afterwards. Respectfully submitted, 4r/Preikszas Executive Secretary Pi -3-