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HomeMy WebLinkAboutCity/County Planning Board Minutes 04.03.2003MINUTES LAUREL CITY-COUNTY PLANNING BOARD Apri13, 2003, 7:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Gerald Shay, Chairman Doug Poehls, City Rep. Kate Stevenson, City Rep. John Ostlund, County Rep. Clarence Foos, County Rep. Tom Robertus, County Rep. Laurel Haggart, City Rep. Steve O'Neil, City Rep. OTHERS PRESENT: Cal Cumin, City Planner Cheryll Lund, City Secretary Jon Rutt, Laurel Chamber of Commerce Charles Miller Pat Davies, Engineering Inc. Rick Leuthold, Engineering, Inc. Clint Reynolds Dennis Soelter, Soelter Surveying Motion by Steve O'Neil, second by Doug Poehls, to approve the minutes of the March 6, 2003 meeting. Motion carried 7-0. Preliminary Plat -Elena Subdivision - 2nd Filing -Bruce Wasner This preliminary plat consists of 171ots with a minimum lot size of 1.010 acre and maximum lot size of 1.391 acre. The zoning is residential tracts. Drain fields and individual water wells will serve the lots. This subdivision is located east of the Laurel Golf Course. The roads will be paved and the developer has been creative with his parkland that is placed throughout the subdivision. There will be a pond in the larger pazk with some water features. A 30,000-gallon underground storage tank will provide fire protection, which will meet the requirements of the Laurel Volunteer Fire Department. The developer would also like to distribute irrigation water to the lots because of the close location of the ditch. Discussion on water rights, irrigation water, pazkland ponds, discharge and easements. Pat Davies assured the board that there is plenty of water for the property. It has been irrigated for many years, as agricultural land, with the existing water rights. Chazles Miller, 1045 Golf Course Road, had a list of comments and questions regarding the proposed subdivision. His property lies to the east of Lot 2, in Block 1 of the subdivision. (see attached list) Mr. Miller is concerned about the irrigation ditch transition on the west end of Millers/Cantrells property where the irrigation ditch would intersect with Woods Way. Pat Davies of Engineering, Inc. stated that they would work with Mr. Miller on his concerns on the irrigation ditch. Cal explained that many of Mr. Miller's concerns could be addressed through the existing zoning ordinances. Some of Mr. Miller's concerns will be up to the developer's discretion and it was suggested that Mr. Miller contact Bruce Wagner with those concerns. Cal recommended approval of this preliminary plat subject to the following: I) DEQ approval of the water/sewer/irrigation permits; 2) Utility easements provided as requested by utility companies; 3) Grading and drainage plan to address the concerns of the Public Works departments concerns, except for item #3 of the SIA; 4) concerns of the Laurel Volunteer Fire Department must be addressed;, 5) Paragraph 7 of the SIA has a typo stating "groundwater system" that needs to be corrected; 6) that the irrigation concerns brought up by Mr. Miller be addressed; 7) that the developer add to the SIA to include underground power, cable tv, gas, and telephone. Motion by Kate Stevenson, second by Doug Poehls, to recommehd approval for Elena Subdivision preliminary plat subject to the above 7 items being included. Motion carried 7-0. Preliminary Plat -Clark's Fork River Ranch Subdivision Dennis Soelter of Zuck-Soelter Surveying presented the proposal for the Clazk's Fork River Ranch Subdivision. The proposal is for 5 lots with a minimum lot size of 3.8886 acres and a maximum lot size of 6.0053 acres. The existing use of the land is a vacant pasture. The proposed use or purpose is for residential land. There is a proposed Homeowner's Association established and the road proposed into the subdivision will be private. The road will be built to county specifications. There will be onsite septic systems and the water system will be off-site. Aquaneering will handle the engineering of the water and drainage systems. Cal stated that the that the road will need to be made public so it can have a rural improvement district applied to it instead of a Homeowner's association. In the past Homeowner's associations have not been as effective as they should be. Mr. Reynolds stated that he is planning on making it a public road. John Ostwalt stated that making it a public road would make it easier for future development. Utility easements will be provided as the companies have request. A discussion was held on easements. Question on whether or not this property is part of the Korb property located in close proximity? This property is not associated with that owner or that property. Cal recommends approval of this preliminary plat subject to the following: 1) approval by DEQ; 2) that fire suppression be as per the Laurel Volunteer Fire Departments request; 3) that the utility easements be provided as requested by utility companies; 4) that the road become a public road; 5) that points #2, #3b, #3c, #3 e, #4, and #5 in Cal's letter to Mr. Reynolds (see attached) be followed. Motion by Steve O'Neil, second by Laurel Haggart, to recommend approval of the preliminary plat for Clark's Fork River Ranch subdivision subject to Cal's five recommendations. Motion carried 7-0. GROWTH MANAGEMENT PLAN fGMPI -HOUSING & SOCIO-ECONOMICAL ELEMENT IMPLEMENTATION Cal gave each of the boazd members notebooks with the Laurel Growth Management Plan (draft) that the board is working on. As the board discusses each of the elements of the plan they will be given a copy of that element to place in the notebook. Jon Rutt, representing the Laurel Chamber of Commerce, attended the meeting. Cal sent the Laurel Chamber of Commerce a copy of the draft of the Socio-Economical Element of the GMP. As a businessman in Laurel Mr. Rutt doesn't see anything in the draft that he feels would cause problems. Mr. Rutt commended Cal and the board for their ideas. He questioned the time frame on the GMP. He also questioned if there is asub-committee that would be willing to integrate some of the chamber members into. Cal told Mr. Rutt that he would contact him in the neaz future in regards to meeting with the Chamber members. Cal questioned whether Mr. Rutt thought the Chamber would be willing to help with the financing of a Economical Development person if the City agreed to come up with part of a salary for that person? Mr. Rutt stated that he thought it would have a better than 50% chance of support from the Chamber to help with hiring an Economical Development person. Before the GMP is finalized there will be a public hearing. Then the City Council will make the final decision on the GMP. Conditional Use Ordinance Proposal Laurel does not have a provision in its zoning ordinances for conditional uses that might fit into a particular zone(s) but are illegal under the existing zones. Cal would like the board to consider how we can fit some type of businesses into certain zones without impacting neighborhoods. The purpose of this is to consider how we can promote growth and change based on possible impact. The board faces this problem when reviewing home occupation applications. The existing ordinances do not give any leeway to these types of businesses. Cal feels that it is time to look at this issue. Under a conditional use pemut this board could put conditions on applicants so that a specific use could be allowed. The legal implication that hangs on conditional uses is that you try to describe the conditions in your ordinance. You have to have a list of specific conditions in your ordinance so that they can be reviewed by the board and finalized. Cal suggested that the board read the Conditional Use proposal for mext months meeting, as a public hearing will be held. Cal would also like to include 17.48.020, Structures exempt from height limits, to eliminate "radio towers", due to Laurels new ordinance that deals with cell towers. This is just a housekeeping issue. John Ostlund thinks there is a new law that states that all cell companies have to do is notify a city as to where they will be placing a tower. John will try to find out more and get a copy of the new law. Miscellaneous Business Steve O'Neil questioned why the City doesn't annex properties that lie right outside of the city limits? There are many new large subdivisions that build right outside of the city limits. He is wondering why the city doesn't force them into annexing? Cal states that there are state laws regarding annexations. The City would have to be able to provide anyone that annexes into the city with water and sewer services. The city would also have to be able to support them with police protection. At this time the city wouldn't be able to do that because of the money involved. Also, most developers couldn't afford to run water and sewer to the properties, such as to Pheasant Brook Subdivision that is located far from any city water/sewer connections. Cal suggested that the city needs to hire an Economical Development person. This would be a big benefit to the City. The meeting was adjourned at 8:10 pm. Respectfully submitted, Cheryll und, Secretary ELENA SUBDIVISION Comments from C. Sam Miller and Selina Miller Apri13, 2003 We feel the layout of the Elena Subdivision was performed giving privacy to most every lot within the Elena Subdivision. We complement the developer and designer with the design, and have several concerns about the Elena Subdivision plot plan with the effect upon our property value and privacy: 1. No description of irrigation ditch transition on west end of Miller's / Cantrell's property where the irrigation ditch would intersect with "Woods Way". 2. Will the Elena Subdivision have a Home Owners Association (HOA)? If so will it have a monthly fee? 3. We would like to see no horses/cows/sheep/goats/chickens/..Wallowed in the Covenants far the subdivision. Also no home business that would create a nuisance to neighbors. 4. Comments on the Pazks: a. Prefer a requirement where no liquor is allowed in the pazk ... No alcohol beverages allowed. b. Will the Elena Subdivision have a required HOA monthly fee to maintain the parks? Who maintains the pazks and pays/monitors the watering, weeds, trash pick-up? Will there be a pazk maintenance contract for say the first 5-years until the Home Owners Association become more active? c. Who will enforce any park rules and late nigh[ noise (late night parties/kids "hanging out" at park, laud radio/music, etc.)? What recourse do we (Miller's/Cantrell) have with park disturbances? d. Is the Park a public park or private pazk (subdivision only)? We would like to see our kids be allowed to use the pazk. e. What (if any) rules have been set for pazk usage? f. A Home Owners Association is only as good as the members want to make it. Not being a member of the Elena Subdivision we will have no voice in issues with the subdivision (and thus our neighbors to the east of us). Placing a 6 foot block wall (or heavy duty fence) between us and the Elena Subdivision will separate the two subdivisions. A park pathway to the east of the Miller/Cantrell properties will also aid in separating us from our neighbors. If a fence is installed this creates a leaf barrier to catch tree leaves. 5. What size will be the minimum square foot of the residents and what will be the minimum price of houses allowed in the Elena Subdivision? We do not want to see our property values deflated based on ]ow end homes being built behind us. We would prefer [o see minimum homes priced a[ $275,000 with minimum 2500 square feet on the ground floor (single above ground level) of a ranch design; two floor design having 1700 squaze fee[ at ground level and above ground level at least 1300 squaze fee[. JvIinimum of a three caz gazage. 6. We have a concern with who maintains the irrigation ditch and weeds east (behind) our house. We would prefer to see a bike trail along side the ditch or park similaz to around other lots in the Elena 5 ubdivision where maintenance is required. 7. Will the irrigation ditch on the east side of our property create a problem with our septic ]each field in our back yard? We do not want to see the ground become saturated and pose a problem to our septic system. 3. We have a concern that our property is the only one with three adjacent neighbors of all the lots (except one of the Cantrell lots). We would like to have a similar buffer between us and Lot 2. The location of a house on Lot 2 would need to be directly behind our house decreasing our privacy over the privacy given Co the other lots. Special Gaze has been paid to provide a subdivision layout allowing a high degree of privacy, but we are required to have three adjacent neighbors versus two adjacent neighbors for others in the Elena Subdivision. CITY HALL 115 W. 1 ST ST. PUB WORKS: 628<V796 WATER OFC: 628-7431 COURT: 628-1964 FAX: 628-2241 Mazch 19, 2003 Mr. Glint Reynolds 2737 Troon Circle Billings, MT 59101 Dear Mr. Reynolds: City Of Laurel P.O. BOX 10 Laurel, Montana 59044 Regazding your proposed Clark's Fork River Ranch Subdivision: IIY „oUlµt PLANNING DEPARTMENT 1. The care and maintenance of the access road should be the responsibility of the Homeowners Association rather than individual lot owners. 2. The Preliminary Review Criteria indicates under LB.lb that the subdivision will use on-site water supply. This is not correct. 3. Subdivision Improvements Agreement: a. Under (3): When will the road be constructed? (And again, this maintenance should be under the Owners Association.) b. Under (5): When will the water system be installed? How will the future easements for the locations ofthe water lines be recorded? c. Under (7): Change the word "must" to will throughout this pazagraph. d. Under (7): The road cut will be the major area of disturbance and this needs to be addressed here, .including who will be responsible. This should not be left to the individual lot owners. e. A grading plan must be provided for the road construction. 4. Some sort of length distances must be shown for the access road. 5. A deed restriction or other method of specific notification to future property owners stating that fire protection is not available except by volunteer firefighters based in the City of Laurel; that there are no regular law enforcement patrols in the area, and that emergency medical services are dispatched out of the City of Laurel or via helicopter out of Billings. I hope the easements needed for access into the subdivision aze cleaz as this will be a majo issue wit Le County Clerk and Recorder. _. ' Cal Cumin, AI Planning Director (245--5843) cc: Laurel-Yellowstone City-County Planning Board; Yellowstone County Public Works City Of Laurel is an EEO Employer Equal Housing Opportunity D-R-A-F-T P-R-O-P-O-S-E-D CONDITIONAL USE PERMIT AN ADDITION TO THE LAUREL ZONING ORDINANCE Chapter 17.62 CONDITIONAL LAND USES Sections: 17.62.010 Purpose 17.62.020 Requirements 17.62.030 Applications Process 17.62.010 PURPOSE. 03Apr03 The purpose of conditional land uses is to provide for specific rises, other than those aheady allowed in each zoning district, which may be compatible uses in the district under certain safeguards or conditions. The conditional land use permitting process is intended to provide a detailed and comprehensive review of such proposed, compatible developments and to insure the interest of the public, the community, and the lazger neighborhood area are protected. 17.62.020 REQUIREMENTS. No structure or land use maybe used for any purpose other than those allowed within a zoning district as specified in the Zoning Ordinance unless either a variance has been granted (under Chapter 17.60 or 17.64 of this Ordinance) or a conditional land use permit therefore has been provided. The Zoning Commission may recommend and the City can require any information that will allow the decision makers to comprehensively evaluate and decide on applications for condiiional uses brought before them. The Zoning Commission may recommend and the City can require, after consideration of the application far conditional use, those conditions under which such land use may be allowed to include but not be necessarily limited to the following: A. Adequate ingress and egress with concern for vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access as reviewed and approved by the City Public Works Director; B. adequate off-street parking and loading with attention to vehicular and pedestrian safety, and traffic flow; C. conditions that control, specify, or plan for the generation of odors, noise, hours of operation, signage, or impact on the neighborhood or natural systems; D. adequate landscaping, screening, mitigation of impact on adjacent property, and buffering; and E. compatibility with adjacent and neighborhood land uses and Laurel's GMP. 17.62.030 APPLICATION PROCESS. Twelve copies of the Conditional Use Application Form and required review fee shall be submitted to the Planning Board Secretary thirty working days prior to the regularly scheduled Zoning Commission/Planning Board meeting at which the application will be considered. The Planning Board Secretary shall note the time of receipt, keep one copy, send one copy to the City Planner, and forward the remainder to the members of the Zoning Commission. A. The Zoning Commission shall publish notice of public hearing in the local newspaper at least 15 days prior to the Zoning Commission meeting at which the application will be considered; adjacent property owners of record within 150 feet of the application property shall also be notified by mail by the Zoning Commission. The applicant or the authorized agent must attend the public hearings before both the Zoning Commission and the City Council. B. The Conditional Use Application shall include twelve copies of: (1) Conditional Use Application Form. (2) Legal description of the property. (3) Address or general location of property. (4) Existing zoning. (5) Land Use Variance requested. (6) Reason for request. (7) Scaled drawings of the subject property, proposed use, existing buildings and improvements, adjacent land use, fences, etc. (8) Other information as may be needed by the Zoning Commission. (9) Name, address, and telephone number of owner of record. (10) Name, address, and telephone number of agent of owner of record. (11) Review fee. C. After the public hearing for the conditional use, the Zoning Commission shall delay its recommendation to City Council no longer than 30 working days. The City Council shall publish notice of and conduct a second public hearing before the Council, consider the recommendation of the Zoning Commission, and make its decision.