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HomeMy WebLinkAboutCity/County Planning Board Minutes 06.01.2000NIINLJTES CITY-COUNTY PLANNING BOARD JUNE 1, 2000 7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Laurel Haggart, City Rep. Clarence Foos, County Rep. Tom Robertus, County Rep. Bud Johnson, City Rep. Gerald Shay, Member-at-Large Kurt Baltrusch, County Rep. OTHERS PRESENT: Cheryll Lund, Secretary Bill Neibauer, Aquaneering Roger Perkins, Aquaneering Dick Stoll, Laurel Golf Club Gary Kindsfather 2 others Motion by Tom Robertus, second by Laurel Haggart, to approve the minutes with a correction on page 2, pazagraph 2 should add the word "who" before the word gentleman. Motion carried. Gerald Shay asked a question on whether or not.the petitioner requesting the zone change can be the agent representing the owner, or if it should be the owner present as the petitioner. He would like that clazified for future meetings. The Planning Board convened and reconvened as the Zoning Commission to hear the zone change request. Public Hearing -Zone Change Request for Saddleback Ridge Estates Bill Neibauer, representing Aquaneering and the petitioner, spoke to the board regarding the proposed zone change from Agricultural to R7500. There will be up to 105 lots ranging in size from 20,000 square feet to one acre. Residentia17500 is the only zone that would fit in with the proposed subdivision. Discussion on what the board should and shouldn't discuss on the proposed zone change. Most of the issues that the board wants to discuss are items that aze to be discussed when the preliminary plat comes through for the subdivision. Sewer will be individual septic systems for each lot and water will be provided by a community water system (well water that is treated through reverse osmosis). Question on how traffic will enter and leave the subdivision. Mr. Neibauer stated that the traffic would come into the proposed subdivision on Golf Course Road, and exit the same way. The sub divider's are responsible for paying for the road. Opponents: Dick Stoll, representing Laurel Golf Club, stated that he is not opposed or a proponent for the proposed zone change. He questioned the time frame of the first and second phases. (Next fall for the first phase) He is concerned about the run off and drainage that phase two could possibly create for the Golf Course property. Gary Kindsfather spoke in opposition of the zone change. He stated that adding more people would not be good for their ditches. People tend to throw garbage into the ditches and plug them up. Question on how the West End Plan in Billings would effect this proposed zone change. Bud Johnson states that the West End Plan stops at 72"d Street West. The West End Plan is also a long ways away from being finalized. There aze many problems coming up on the West End Plan which Bud feels will take many years to figure out. Even if the West End Plan gets approved in the future, the zone change proposed here tonight would be grand fathered in and not be effected. It was again stated by the sub dividers that there would be no sewer lagoons placed at the proposed subdivision. If this zone change is granted it includes the entire subdivision, both Phase 1 and 2. The public hearing was closed at 7:20 p.m. A discussion was held by the boazd. There aze some concerns regazding fire, police, schools, and access to the subdivision. The Chairman reminded everyone that those issues would be brought up in the preliminary plat process. Motion by Bud Johnson tc approve the zone change. The Chairman read the City Planner's recommendations (see attached) into the record. There was a clazification made that the subdivision will be single-family stick-built homes. Bud Johnson feels that the R-7500 zoning would have more positive effects than having one home on 20 acres of agricultural land. Question on legal protest. The only protest that was voiced was Gary Frank from tonight's public hearing. After a short discussion it was discovered that the applicant did not list all people within the 300-foot radius. Bud Johnson withdrew his motion. Motion by Tom Robertus, second by Bud Johnson to delay the decision on the zone change until the July 6, 2000 meeting. Motion carried. The applicant was instructed to bring in a completed list to the Secretary so that she can notify all property owners before next month's meeting. Motion by Laurel Haggart, second by Clarence Foos, to appoint Gerald Shay to a member-at-lazge position for 3 years. Motion carried. Motion by Tom Robertus, second by Laurel Haggart, to appoint Gerald Shay as Chairman. Motion carried. The meeting was adjourned at 8:15 pm. Respectfully submitted, Cheryll Lund, Secretary -., ~ ~ t TY>~.L 115 W. IST ST. fit 4f Laurel PUB WORKS: 628-0796 u WATER OFC: 628-7431 - COURT: 628-1964 P.Q. $pX j0 „s„ REL FAX: 628-2241 Laurel, Montana 59044 PLANNING BOARD DEPARTMENT APPLICATION FORM The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: From Agricultural Open Space Zone To R 7500 Zone 1. Legal description of property: S § of the S i Section 6 T. 2 S.. R. 24 E., P.P.M. 2. General location: At the north end of Golf Course Road, north of the Laurel Golf Course and south of the Cove Ditch 3. Proposed use: Subdivision 4 - Owner (s) Leonard E: -and Anita J. Ventling (recorded owner) 3114-17th Street West. Bi1linQS, MT 59102 (address) 406-259-9600 (phone number) Agent (s) Aguoneering (name) 1555 Sage Circle. Laurel. MT 59044 (address) 4n6-6zs-z2oz {phone number) Covenants or deed restrictions on property: Yes No X (if yes, include copy) I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost in processing, and that the fee does not constitute a payment for a Zone Change/Land Use Variance. Also, that all the information presented is true and correct. PETITIONER MUST SE PRESENT AT HEARINGS. PETITION NO. CJ{ob~C~C FEE PAID ~S~.C`~" / _ fit' I PETITIONER' S SIGNATURE ~ ~'"' Ci" 'iii ~" DATE S~G/ ~ `~'~~~~~'~"~ ~~ ~ ~~ ~ ~~~ CITY OF LAUREL 1, ~ 115 W. 1st City Of Laurel is an EEO Employer P.O. Box 10 Equal Housing Opportunity Laurel, Montana 59044 %~ ~ ~ 1 ~~~ ~ ~ ~~ ~ ~I ~ ~a`l'.1 n) ~~ I I '.~1~ ~, I ~ t i- ~_- j i ~' ~ ~ "0 1 '_ _ _ m n I .) m I ^ ~ ~ I `r}. e ~% - ~ a~ ~~ .~ L ;_ ~I II 11 1. \\ I I H ~ o .v~ W o ~ /! h 1 \ / , n 1 ~ 11 ~O9e l ~ , / ~ - ~ ~ ~~ ~~ l . ~ .. ~. m Q o~F oam bi o 1 __ m~ '. ~•Q HO110 e~, M a~ .oti O/EE ~', ,.,1~I / ~`nl;~ I i U 1 111 11~ ~4 ~ lu ~ ~ p ~V n l 1 _ ~~ ~ Ir( ~ 3 I,. I ~ o x( ~) ~ `a i ilk h U i 'N. /, II n o ~~ .~ 0 1 ,-_-_ _ a 1 ~ -_ ~_~ 1 ~- ~~ - /1lx, ~ rN-I ~~ ~~ as '.. mv~":'r .°i1 .. I '`~ d M - ~~I ~ ~ ~~ ~, i 1 i i ~~ -- -__ 1 _ 1 -~. _J ~ ~_ -ms's _~ ~ s _ =. ~ - ~ ~~~ _ I z u I\ I n ~ \ N m o r ; o'- Iii \ m 1 , . 0 1 ~ mlli e°. ~ `., ~~ u j 3 ~_ . ~ \ , \ ~~ I ~ \ o \ A \ \ ' ~ ~ / ~ \ a ~ _ \ o _ o ~ o P oa e e a 06/28/00 FRI 14:57 FA% 408 245 5843 Cal Cumin I~]001 MEMO SUBJECT: Findings and Conclusions Regarding Proposed Saddleback Ridge Estates Subdivision (Leonard and Anita Vending} Zone Change Request TO; Laurel Zoning Commission FROM: Cal Cumin, Laurel Planning Director DATE: May 26, 2000 LEGAL COMMENTS The Laurel Municipal Code (17.72.050 (G)) requires that, "The planning director shall repoR his findirtgs and conclusions in writing to the rezoning commission, which report shall be a matter of public record" State code (MCA 76-2-304) requires that local governments take into considerxti.on during deliberations on proposed zone changes the `Purposes of zoning': {l ).Such regulations shall be made in accordance whit a comprehensive plan and designed to lessen congestion in the streeu; to secure safety from fire, panic, and other dangers; to prumola; 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 regulations 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 mtmicipality. State code (MCA 76-2-305(2)) provides that when a protest against a proposed cone change is signed by the owners of 25% or more of the area of the lots within 150 feet firm the subject zone change, such amendment shall not be come effective except by the favorable vote of two-thirds of ail the members afthe city council; there is such valid legal protest SPECIFICS OF ZON1r Cl-IANGE REQUEST The applicants have requested a zone change oa portions of the South one-half of the South one-half of Section 6, (T?SRZ4B, FPM), a specific area of land generally north of the Laurel Golf Course and south ofthe Cove Ditch; specifically it is 94,6992 acres bounded by the Cove Ditch on the north and the south section line of Section 6-all of oo. -... ov •ua ~=..rv a'tiat YVV L4V JO4J uar Junin the City of Laurel, it will be the City and not the County Commissioners who have review and approval authority. The size and location of lots, blocks, and streets must be engineered on a preliminary plat. This plat requires that all of the lots and streets be surveyed and drawn in detail (as differing from the more generalized sketches of a proposed master plan). The preliminary plat preparation must include an environmental impact assessment that shows the impact of the proposal on everything from schools to lire and wildlife to subsurface conditions. A Traffic Accessibility Study must be prepared that will show the street design standards necessary to properly serve the subdivision as well as the impact on Golf Course Road. An importam part of the platting process is the preparation of and submission by the developers of a Subdivision Improvements Agreement (S1A). This is a contract between the City ar County and the property owners spelling out exactly what improvements, such as streets and sidewallrs, are required, when such improvements are to be constructed, and how same are to be financed. The SIA, once approved by the local government, is a binding cotrtract on the developers_ During the preliminary platting process, the adjacent property owners aze notified by mail of the public hearing before the Planning Board a# which the plat is presented. The Laurel-Yellowstone City-County Planning Board is the board designa#nd by the City Council in Ordinance 16.56.060 (if the site is to be annexed to Laurel) and by the Yellowstone County Commissioners (if it remains in the County) to conduct the public hearing required under State law. At the public hearing, which is advertised in the Ltavrel Outlook, people can speak they minds about the proposal pro or con. The decision as to whether to approve, conditionally approve, or deny the subdivision is up to the City Council--or the County Commissioners-after the latter receives the recommendations of the Planning Board 1tECONIlvIENDATION i recommend that this application to change the'^+++ ~ be approved. 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