Loading...
HomeMy WebLinkAboutCity/County Planning Board Minutes 01.03.2002Members present: Others present: MINUTES CITY-COUNTY PLANNING BOARD January 3, 2002 7:00 pm Council Chambers Gerald Shay, Chairman Laurel Haggart, City Rep. Steve O'Neil, City Rep. Kate Stevenson, City Rep. Betty Hart, County Rep. Kart Baltrusch, County Rep. Ziggy Ziegler, County Rep. Ed Thumer, City Rep. (arrived at 7:15 pm) Cal Cumin, City Planner Cheryll Lund, Secretary The minutes of the December 13, 2001 meeting were reviewed and approved. The Planning Board was closed and the Zoning Commission was opened. Zone Change - Little Dude Ranchettes This application has been tabled since the November 2001 meeting due to the issue of groundwater availability for the proposed subdivision. The Bureau of Mines has been conducting a water-pumping test for the past 24 hours. Those complete results will not be ready for another 24 hours, but Cai feels that the board should be able to make a decision from what the tests have shown so far. If the board decide5 to deny this zone change that will be our recommendation to the City Council. They in turn will advertise the board's recommendation and hold another public hearing before the City Council. If the board recommends approval of the zone change the zoning commission will be closed and the planning board will reconvene to go over the application for preliminary plat. If the board doesn't approve the zoning then the preliminary plat will be tabled until the City Council's decision on the zoning. Cai stated that there is a valid legal protest from adjacent property owners against the zone change request. Jon Reiten of the Bureau of Mines spoke. They've been pumping and monitoring a well since January 2, 2002. There are some variations from the previous pump tests done mainly because of the different time of the year. The previous tests pumped at a higher rate of 100 gpm (gallons per minute). The new test showed the well pumping at 60-65 gpm for one day. Today the well has been pumping at mound 45 gpm. A realistic long-term pumping rate of that well is probably going to be at 40 gpm. The data shows the values that were used are basically similar to what was previously determined. They are seeing a little bit more of a draw down even at a lower rate at the furthest well. That could be because of background conditions. When the previous test was done a nearby farmer was irrigating. That could have increased the water levels at the furthest well. The well is 160 feet away. It dropped 1/10°' of a foot during the summer test. Today it dropped 2/10th of a foot. Once the irrigation season ends the groundwater level drops. The results of this testing appear to be similar to what was previously obtained. Question on how long the test was done? The well was pumped continuously for over 24 hours. They monitor the drawn down from nearby wells with a tape. Question on how many households could draw water when it's pumping at 40 gpm? The DEQ states that each household should have 300 gallons per day. A single well that pumps 5-10 gpm would adequately maintain a household. But you have to differentiate between what is needed in the summer as opposed to what is needed in the winter. Question as to whether or not the water is good quality? It is drinkable water. Question on how this subdivision will affect the surrounding area? Right now the pumping shows that there is adequate water. Question on whether or not the big ditch crosses this land? It is about a ¥2 mile north and probably does contribute to the aquifer. The big concern is if the irrigation of the surrounding land is ever stopped. There will be serious implications without that irrigation as it is an artificial aquifer originally created when irrigation started in the valley. Mr. Reiten showed a chart of the typical water situation in Montana Meadows. He explained that the peaks and valleys shown on the chart indicate different times of the year when the water levels are affected. A suggestion was made that the subdivision could go with a community well system as opposed to the individual wells on each lot. 2 Mr. Reiten that if the irrigation within the area stops it will cause a serious water shortage within subdivisions in the area. Because there is no way of anyone knowing when the irrigation will stop because of future subdivisions or individual circumstances the issue of water will be a problem in the future. Betty Hart pointed out that the homes would be there for more than 10 years. Jon Reiten will put together a report when the testing is done. Cal stated that Montana statutes limit local governments when reviewing subdivisions. If this subdivision had no water at all and they were going to use cisterns, the board could not deny it on the issue of water. Cat suggested that what the board can do is provide information to the buyers of the property, such as a deed restriction, that water is an issue. He does not want a buyer to come back to the city or county at a later date inquiring why the property was approved if there was a problem with the water. Kate Stevenson questioned if there was anything we could do to guarantee that the buyers will be made aware of the water problem? Cal stated that you would have to be careful about affecting the marketability of the lots. Cai can make that a part of his recommendation. Gerald Shay asks about the aquifer. Is it a moving stream, a puddle with an inlet and an outlet? What is the nature of it? Jon Reiten states that it is the sand and gravel that water moves through. In some places at this location the water saturation starts at 11 feet and ends at 30 feet. In other areas it can start at 19 feet. In some places it ends with shale at 30 feet. Water runs towards the east and south. It is recharged through irrigation. Gerald Shay asks if it's a possibility that the area proposed as Little Dude Ranchettes has plenty of water, but maybe Montana Meadows doesn't? Mr. Reiten states that in his opinion if cisterns have to be placed in Little Dude Ranchettes then they will probably have to be on cisterns in Montana Meadows also. That whole area will be affected if the main source of recharge, irrigation, is taken away. Motion by Laurel Haggart, second by Ed Thurner, to recommend denial of the zone change for Little Dude Ranchettes, due to the concerns of the neighbors. Vote was 3- Yes, 3-No, and 1-Abstain (Baltmsch). (Chairman Gerald Shay broke the tie of 3-3 with a No vote.) End vote count was 3 - Yes, 4 - No, 1- abstained (Baltmsch). Motion not carried. Discussion. A point of order on voting on a negative motion was made. Motion by Steve O'Neil, second by Ziggy Ziegler to recommend approval of the zone change for Little Dude Ranchettes. Motion carried by a vote of 4-3 with 1 abstaining (Gerald Shay broke the tie of 3-3 with a vote of Yes) (Kurt Baltmsch abstained). Richard Dolan, the Attorney representing Tom Llewellyn, was present and gave clarification of the super majority vote that will need to be taken because of the legal protest of the surrounding owners stating it was two-thirds not ttxree-fourths of the City Comacil. The Zoning Commission meeting was closed and the Planning Board reconvened. PRELIMINARY PLAT - LITTLE DUDE RANCHETTES Cal read some information he obtained from the County Transportation Planner since it was a concern to the neighbors. The average number of vehicles that travel the highway per day is 1421. The maximum capacity of cars that the road can handle per day, according to Cai, is approximately 6000. The speed analysis could not be determined due to the curve in Seitz Ronan. A speed analysis can only be done on a long straight stretch of road. Cal believes that the City of Laurel can petition the Department of Highways for an evaluation of that intersection because it is not a safe intersection. We can also require stop signs at the intersections of the subdivision streets with Seitz Ronan. The utility companies have requested a change of the easement. The Laurel Volunteer Fire Department (LVFD) recommends installing a water system capable of pumping 250 gallons of water per minute for 2 hours. The onsite storage needs to be 30,000 gallons of water stored in a water vault accessible to the Fire Department via a dry hydrant system. If this water system is not developed, the LVFD is recommending that NFPA 13D sprinkler systems be installed in all residences. Mr. Llewellyn would prefer to put wells on the site, not tanks. But, he will do whatever he needs to do. Question on water rights on the property? Mm. Llewellyn has not researched water rights on the property. Cai stated that he would like to see Mr. Llewellyn maintain some sort of flood-irrigated parkland. If the land has water rights, the proposed flood-irrigated parkland would be helpful in recharging the aquifer. A1 Hicks agrees with the idea of the flood-irrigated parkland. He feels it would take care of any concerns he and the property owners in Montana Meadows subdivision have on the water issue for the area. 4 Gerald Shay suggests that the board and County Commissioners will probably have to address the issue of water more and more as developments take over irrigated land. Cai asked Richard Dolan, Attorney for Mr. Llewellyn if he had any suggestions for the issue of water. Richard Dolan stated that he would not recommend putting any restrictions onto the deeds for these lots. The developer would be concerned with doing that because it could possibly affect the selling of the lots. There are too many unknowns at this point and he wouldn't advocate his client to speculate on future problems that may or may not happen at this development. Question on whether or not Mr. Dolan has ever heard of the "Code of the West"? It's a planning document that becomes part of the record telling the buyer that they will not have some services available in certain rural areas. Mr. Dolan has heard of it. At this time he wouldn't recommend that Mr. Llewellyn do anything, until he talks with him privately. Cal recommends approval subject to the following requirements: 1) that approximately 2 acres of park be established (from the required park land dedication requirement for the new subdivision); that the surface of this park land be contoured to hold and absorb flood irrigation; that the park land be flood irrigated on a regular basis from snrface water rights in the area; that the flood irrigation occur on a regular basis during the time there is water in the nearby irrigation canal; and that the developer create a park maintenance district to create and administer the flood irrigation process as delineated; 2) that the concerns of the LVFD be addressed; 3) that stop signs be provided accessing Seitz Ronan; 4) that the utility relocation easements be provided as requested; and, 5) that the subdivision meet the Yellowstone County weed management provisions. Motion by Kate Stevenson to recommend approval of the preliminary plat for Little Dude Ranchettes with the following requirements: i) that approximately 2 acres of park be established (from the required park land dedication requirement for the new subdivision); that the surface of this park land be contoured to hold and absorb flood irrigation; that the park land be flood irrigated on a regular basis from surface water rights in the area; that the flood irrigation occur on a regular basis during the time there is water in the nearby irrigation canal; and that the developer create a park maintenance district to create and administer the flood irrigation process as delineated; 2) that the concerns of the LVFD be addressed; 3) that ~top signs be provided accessing Seitz Ronan; 4) that the .utility relocation easements be provided as requested; and, 5) that the subdivision meet the Yellowstone County weed management provisions. Question on whether or not there are any other irrigation ditches within the area that could help with the recharge of the water? Mr. Llewellyn states no. Betty Hart seconded the motion by Kate Stevenson. Motion carried by a vote of 5 - Yes, 2 - No and 1 abstained (Kurt Baltmsch). ENTRYWAY ZONING Cal needs the board to comment on the draft of the Entryway Zoning Ordinance that he provided to the board a few meetings ago. Discussion. It was detemfined that the board needs more discussion on this issue to clarify a few questions that they have. This will be discussed in depth at the February meeting. The meeting was adjourned at 8:15. Respectfully submitted, Cheryll Lund, Secretary 6