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HomeMy WebLinkAboutCity/County Planning Board Minutes 05.06.2004 MINUTES LAUREL CITY-COUNTY PLANNING BOARD May 6, 2004 7:00 pm Council Chambers PRESENT: Gerald Shay, Chairman Kate Stevenson, City Rep. Todd Linder, City Rep. Doug Poehls, City Rep. Ed Thurner, City Rep. Tom Robertus, County Rep. Clazence Foos, County Rep. Betty Hart, County Rep. Rick Flannigan, County Rep. Dan Ruff, County Rep. OTHERS PRESENT: Cal Cumin, City Plazmer Cheryll Lund, City Secretary Introduction of new members: Dan Ruff, Todd Linder, and Rick Flannigan. Minutes of the March 4, 2004 were reviewed and approve the minutes as read. Minutes of April 1, 2004 were reviewed. Because there was no quorum present the minutes are informational only, no business was conducted. Public Hearine -Zone Change - Randv Swenson -Ward Sub Block 1 Lot 1 Chairman Gerald Shay opened up the public hearing. Randy Swenson has requested a zone change from R-7500 to Residential Multi-Family on property located on the corner of 1~` Avenue and W. 12a' Street to allow him to build two 2-story 8-plexes connected by a common elevator that will provide independent living for the elderly. Opponents: None. The public hearing was closed at 7:03 pm. Cal read his recommendation of approval (see pages 1 & 2 of attachment) of this proposed zone change. Motion by Kate Stevenson, second by Tom Robertus to recommend approval of the Zone Change from residential to multi-family subject to Cal's recommendations. Motion carried 7-0. Public Hearine - Preliminary Plat - Roger Anderson -Anderson Subdivision Chairman Gerald Shay opened up the public hearing. Harland Lund presented the preliminary plat. This preliminary plat consists of 16 gross acres that will be divided into 15 lots each consisting of 1 acre of land. The general location is 1-'/z miles south of Old Highway 10 on Wold Road. The proposed use will be for single-family residences. Water and sewer would be wells and septic systems. Opponents: Al Prochaska, 2703 Wold Road, is opposed to the preliminary plat because of the extra traffic it will create, dust, trash, dangerous to children. Jerilyn Moms, 2619 Wold Road, stated that 7 yeazs ago Roger Anderson subdivided and put 5 spots in. She passed out pictures of the property. She stated that the property is a mess and has caused her property values to go down. Nothing is up to code and the roads are not maintained. There aze no rules or regulations, no easements, no percolation tests were done, lots aze littered with trash and appliances, and no turn around was built for fire suppression. She wants the property cleaned up before the boazd allows another subdividing. Bill Moms, 2619 Wold Road, said that there is not a turn azound for fire suppression vehicles. (At this time there were 3 people speaking at once and a point of order was made that only one person speaks at a time). An unidentified gentlemen stated that he was afraid of hanta virus because of the rats that aze in the area. There are also skunks and he feels there is a health issue because of it. Chairman Gerald Shay asked if anyone from the neighborhood had contacted the County code enforcement in regards to the trash and vehicles? It was stated that they had been contacted but haven't done anything. William Metz, 2750 Wold Road, stated that when Mr. Anderson subdivided the first time around he didn't follow any of the rules and there is no reason to believe that he will follow them this time. He respects the right to subdivide but he doesn't see any indication that any of the rules will be followed this time. Diane McCoy, address not given, stated they had effects in their water and sewer when the first subdivision was put in and she doesn't believe that Mr. Anderson will follow the rules this time around. She stated that Mr. Anderson dug a trench and it has affected their water table. She also feels it is too close to the river. William Metz, 2750 Wold Road stated that he feels Mr. Anderson dug the trench so that the percolation tests would pass. v ' Harlan Lund stated that percolation tests on the first phase of this subdivision were done and they did pass. The same thing will be done this time around. The DEQ strictly enforces water and sewer requirements and the County won't approve the final plat without the tests being done and passed. The public hearing was closed at 7:32 pm. Cal recommended approval subject to his recommendations (see attached page 3). Discussion. Motion by Ed Thurner, seconded by Clarence Foos to send the preliminary plat back to the surveyor to make the corrections (as per Cal's recommendations) before approval of the preliminary plat. Motion carried 7-0. Public Hearine - Minor Preliminary Plat -Saddleback Ridge -Block 2 -Lot 14 Mac Fogelsom, Engineering Inc., presented the minor preliminary plat. This minor preliminary plat consists of 1.98 acres that will be divided into 4 lots consisting of 21,655 square feet. The proposed use will be for single-family dwellings. Discussion. Cal recommends approval of this subject to his recommendations (see attached page 8). Motion by Kate Stevenson, second by Clarence Foos, to recommend approval of the minor preliminary plat for Saddleback Ridge. Motion carried 6-1. Recommendation to City Council Regarding a Prouosed Moratorium on RT Zoning There was a public hearing held on this issue on April 1, 2004 but because there was not a quorum present there was no action taken after the completion of the public hearing. Discussion. A motion was made by Ed Thurner, second by Clarence Foos to recommend that changes be made to the ordinance (attached as presented by Cal) instead of a moratorium. Motion carried 7-0. Growth Management Plan Motion by Rick Flannigan, second by Dan Ruff, to hold a special meeting to review the GMP on May 27, 2004 at 7:00 pm. Motion carried 7-0. Proposed Resolution of the Yellowstone County Plannine Board March 9 2004 Motion by Rick Flannigan, second by Dan Ruff, to direct Cal to write a letter of support to the Yellowstone County Planning Board in regards to their proposed resolution (see attached). Motion tamed 7-0. Recommendation to City Council -Land Use in Residential Tract Zonine 1. Set public hearing for zone change request from R7500 to RMF for Lot 1, Block 1, Ward Subdivision. 2. Set public hearing for changes to the Residential Tracts Zone involving animal units allowed and time frame for continuance ofnon-conforming uses. Respectfiilly submitted, Cheryll Lund, Secretary 4 MEMO SUBJECT: Findings and Conclusions Regarding Swenson Zone Change Request TO: Laurel Zoning Commission FROM: Cal Cumin, Laurel Planning Director DATE: May 6, 2004 LEGAL COMMENTS The Laurel Municipal Code (17.72.050 (G)) requires that, "The planning director shall report his findings and conclusions in writing to the rezone commission, which report shall be a matter of public record." State code (MCA 76-2-304) requires that local governments take into consideration during deliberations on proposed zone changes the `Purposes of zoning': (1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote 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 peculiaz suitabffity for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. State code (MCA 76-2-305(2)) provides that when a protest against a proposed zone change is signed by the owners of 25% or more of the area of the lots within 150 feet from the subject zone change, such amendment shall not be come effective except by the favorable vote oftwo-thirds of all the members of the city council; there is such valid legal protest. SPECIFICS OF ZONE CFIANGE REQUEST The applicants have requested a zone change for existing Lot 1, Ward Subdivision, located at the southwest comer of 12t° Street and 1" Avenue North in Laurel, a lot area of about 17,700 squaze feet. The request is to change the existing Residentia17500 on this tract to Residential Multi-family (RMF). The existing assisted living units adjacent to this site to the west serve 11 elderly on each of two lots similar in size to the subject lot. This assisted living facility (Tender Nest) was subjected to a Special Review prior to receiving approval by the City for construction. Property directly across 1~` Avenue is zoned RMF as is that land to the northeast across the street. Land to the south and west is zoned Residentia17500, asingle-family zone. Land to the north across 12s' Street is outside the municipal limits of the City and zoned Residential Tracts. PURPOSES OF ZONING In reference to `purposes of zoning': The proposed rezoning complies with the draft Growth Management Plan in that residential land uses are the long-term use of the azea, and the Plan supports greater density within the City. The proposed zoning is not designed to lessen congestion in the streets; however, the existing roadways can easily carry the increased traffic generated by the additional dwelling units. The existing capacities and considerations apply for the undue concentration of population and adequate water, schools, parks, and other public requirements wording in the statute. CONSIDERATIONS The existing Tender Nest facility is full and has operated in a professional and competent manner since it was constructed. Laurel is in need of more and varied housing for the elderly. The developer proposes to build two eight plexes on the lot connected with an elevator allowing eight above and eight units below. The type of unit will be what is termed an independent living facility that allows more independence than the assisted living-type units which aze basically one central dwelling unit with 11 bedrooms. This is not an introduction of multi-plex units into the neighborhood, as there are existing such units across the street. Furthermore the State supports the placing of group homes and this type of facility in neighborhoods. There will also be no problems with transportation as the two adjacent streets provide a more than adequate level of service. The site is served without need for increased capacity with all City services from fire protection to water and sewer. Details of access, building type, landscaping, and signage will have to be approved by the City Public Works Department at the time of Building Permit Application. Given the considerations discussed herein, my recommendation at this time (before the Public Hearing) is to approve this request for zone change. The Planning Boazd will make a decision as to recommending approval; denial, or conditional approval to the City Council. The latter will also advertise and hold a public hearing before reaching its decision. SUBJECT: Anderson Subdivision Plat, 3'~ Filing (Preliminary) TO: Laurel-Yellowstone City-County Planning Board FROM: Cai Cum?n City Planner DATE: May 6, 2004 The following are my preliminary comments on this submittal and aze provided to you for your consideration during our Planning Board meeting. Input from the audience during the public hearing and comments from the Board may change my final recommendation which I will make before the Planning Boazd votes on its recommendation. 1. Final plat must conform t recommendations of the County Public Works Department (attached). (-ppN,~ 2. Final plat must addre~ ss"c cerus of the County Weed Department (attached). 3. Subdivision Improvements Agreement (SIA): a. Include three 10,000-gallon storage tanks for water: One at southeast comer of Lot 7, one at northwest corner of Lot 16, and one at the northeast corner of Lot 20. b. Fire Department also wants radii at cut-de-sacs increased to 60 feet. County standazd is 54 feet with 43.5-foot surface. I think this is adequate. c. Page I of SIA: "Yellowstone County Planning Board" needs to be changed to Laurel- Yellowstone City-County Planning Boazd and the dates need to reflect 2004. Item 2.A.: The blanks need to be filled in, i.e., "All streets" including-. d Page 2, Item H: Delete: ("-shall not berequired-" and indicate no streets lights aze planned. Item J.: Street name and stop signs will be installed per County Standard. e. Page 4: All dates will need to be changed to 2004. f. The attached Grant of Easement must reflect the road name changes required by County Public Works and should include all roads. g. All references to Montana Department of Health and Human Services should be to Montana Departrnent of Environmental Quality (DEQ). h. Easements must be provided utility companies in all roadways. i. SIA needs to state that all emergency services must be obtained from Laurel or Billings which involves a time delay not associated with developments in, adjacent to, or neazer the providing communities. 4. Environmental Assessment: Item 2.8: Anderson Subdivision is in the Laurel Growth Management Area. This does not require submission of a correction. MEMO TO: Cal Cumin FROM: Craig Mamey, Civil Engineer Specialist DATE: Apri126, 2004 SUBJECT: PRELIlVIINARY PLAT OF ANDERSON SUBDIVISION, THII2D FILING After reviewing the proposed preliminary plat of Anderson Subdivision, Third Filing, Public Works recommends approval subject to the following conditions: PLAT 1. Plata 1' No-Access easement, in Lot 7, along the entire frontage of Wold Road. 2. Label the existing southerly road as "Anderson Road". 3. Change the north south "50' private road easement" to "50' Public Access and Utility Easement". Also change the road name. 4. Due to fixture subdividing to the east, the width of the east west road easement should be 60 feet in width and not 50 feet. Label the easement as a "60' Public Access and Utility Easement". 5. Label the document number for the additional 10' easement across Lot 1, Anderson Sub. ACCESS EASEMENT 1. The access easement needs to be worded so as to be for "the benefit of the Public", not Yellowstone County. The width stated in the easement needs to correlate with the platted width. GENERAL INFORMATION 1. An easement will need to be obtained from the current owner of Lot 1, Anderson Sub. The plat should also be amended to reflect the easement. 2. Amend Lot 6, Anderson Subdivision, Second Filing, to reflect the Public Access and Utility Easement required for Cazlin Street. RSID PETITION 1. The attached map does not depict any boundary. 2. The attached map must be the same as the recorded plat. If you have any questions, please contact me at 254-7924. J WEED CONTROL (406) 256-2708 (406) 254-7939 (FAX) 3319 King Avenue Ear. Billings, MT 59101 DATE: April 7, 2004 T0: Roger D. Anderson 414 No. Kedrick Glendive MT, 59330 LS ~ U APR' - 9 2004. D FROM: Yellowstone County Weed Control Spencer Fisher, Weed Foreman 5r RE: Anderson Subdivision-3`d filing CITY OF LAUREL The Yellowstone County Weed Department has received your preliminary plans for the above- mentioned.subdivision. Before-final plat approval, the enclosed noxious weed management plan must be completed and filed with our department. The Yellowstone County Weed Department must also inspect the property with die Subdivider and/or owner for noxious weeds prior to any construction and after any weed control measures have been taken. This inspection insures that any current noxious weed infestations are addressed and to prevent spread that occurs through the construction process. Cost for inspection is $75 for a minor subdivision uro to 100 acres and $150 for a maior subdivision up to 100 acres due at the time of inspection The management plan must be updated yearly for the next three years. It is,the sole responsibility of the Subdivider/owner to contact the Yellowstone County Weed Depamnent to review any,weed control regulations. Buyer assumes all responsibilities for noxious weed contrdf on said property: Note: Upon inspection of your preliminary plan, it was noticed in your S.I.A. that you are planning on using a broadcasted seed mix of Crested Wheatgrass, Smooth Brome and Winter Wheat. We strongly recommend using one of the enclosed seed mixes and seeding methods may be by either broadcast or by drill seeding. Yellowstone County Weed Control reserves the right to revise these recommendations based on their required site inspection. Please be detailed when filling out the management plan and ]lave it completed and ready to sign upon meeting-with Weed department personnel. To set up-the inspection appointment, please call our office Monday -Thursday between the hours of 7:00 am and 5:30 pm. at (406) 256-2708.. Thank ycu. Apri17, 2004 TO: Cal Cumin Laurel City/County Planning Department FR: Yellowstone County Weed Control Spencer Fisher, Weed Foreman RE: Anderson Subdivision-3`a Filing For this subdivision I would like to see: 1. Use a different seed mix for revegetation plan. 2. They need to have a management plan on file with us. 3. Must have an inspection of the property completed before final approval. SUBJECT: Saddleback Ridge Estates Subdivision Plat (Preliminary Amended Plat of Lot 14, Block 2) TO: Laurel-Yellowstone City-County Planning Board FROM: Cal Cumin, City Planner DATE: May 6, 2004 The following are my preliminary comments on this submittal and are provided to you for your consideration during our Planning Board meeting. Input from the audience during the public hearing and comments from the Boadd may change my final recommendation which I will make before the Planning Board votes on its recommendation. This is a minor plat (five or fewer lots} and does not require a public hearing or environmental assessment. It is pretty straight forward in that the roads and improvements aze mostly in. 1. A weed management plan must be on file with the County Weed Department and a final inspection ofthe property made before the final plat can be filed. 2. Subdivision Improvements Agreement (SIA) references the creation of a new RSIDM on page SAI-3 and SIA-4. This is unnecessary as Lot 14 is already within an RSIDM. _ 3. t.o9' s t z.¢r G~a.,.2. -Iv la-e, Yy a.eh.e ~ s r ~ . May 12 04 09:59a Cal 406-245-5843 p.l C.f'f I~"r~U ~i S ~~>) Q0../ 1 ~ ~-- +Jvir(//T/ Livestock Livestock Class ~ Uuils 17.08.640 at. in or adjoining a private residence where hunting dogs or other dogs or cats are kept for the hobby ofthe householder in using them in shows or field or obedience trials or for the guarding or protecting the householder's prop- ertv. The occasional raising ofa litter ofpup- pies or kittens al the kennel should not change the character ofresidential property (no more than one litter of puppies or kittens shall be allowed in a calendar). In residential districts each household shall not possess more than two adult dogs or cats (an adult dog or cat is herein defined as any dog or cat over the age of twelve months.) (Prior code § 17.20.3 I S) 17.08.650 Livestock. "Livestock" means horses, bovine animals, sheep, goats, swine, reindeeq donkeys, mules, llamas, c[c. (Prior code § (7.20.320} 17.08.65] Livestock units. "Livestock units," for the purposes of this title, shall be defined as follows: Livestock Livestock Class Units Cow, mature 1.D0 Cow with calf 1.00 Bull, mature 1,25 Bull, yearling .57 Call; weaned ,60 Calf, under six months .25 Steer, one-year old ,70 Steer, two-year old q0 Steer, three-year old L00 Heifer, one-year old ,67 Heifer, two-year old ,gs Heifer, three-year old I.00 Horse, mature -1-5$- /.00 Horse with colt I,g0 Colt, weaned .75 Ewe, mature 20 Ca-~-A 1~[ ~ E 373 Lwe with lamb Lamb, weaned Lamb, under six months Ram, mature Goat, mature Goat with kid Kid, weaned Kid, under six months Hog, mature Hog, weaned Fow•I: hens, roosters, or ducks OR Sl~l~r-q2 Fowl: turkeys or geese orb S1M~LA 7Z 20 .10 .20 .50 .20 ?0 .OS .ID .50 ~0 2at~~ L~r Fey ~2'rJ- / V -~ . 2 S Livestock units for animal s not [is[ed herein shall be determined by the planning director. (Ord. 96-5 (part), 1996} 17.08.670 Lot. "Lot" when. used alone, means. unless the context cleazly indicates otherwise, "zoning lot" as defined in this title. (Prior code § 17.20.330) 17.08.680 Lot, corner. "Comer lot" means a zoning lot at the junc- tion of and abutting on two or more intersect- ingstreets when the ittteriorangle ofintersec- tion does not exceed one hundred thirty-five degrees. Any zoning lot adjoining a calved street at a point where the street boundary• de- scribed an arc subtended by an angle of one hundred thirty-live degrees or less, shall be considered a "corner lot.° (Prior code § 17.20.335) 17.08.690 Lot depth. "Lot depth" means the mean horiwntal distance between the front and rear lot lines, (Lourcl i•V:) May 12 04 09:59a Cal 17.12.020 zone. This residenria! zone is designed for sin- gle-fatu~7y residenda[ homes on a minimum 406-245-5843 G. PUD -Planned L'nit Developraerrt; & RP-ResideniialProfessional; L NC -Neighborhood Commercial; J. C$D -Central Business District; I{. CC-CommuaityCommercial; L. HC-I3ighway Commercial; M- LI-Lightlndusirial; N. Hl - I3eaw Industrial; O. AP-Airport, P. FP - Flocdplain; Q. P-Public; R SR.-SuburbanResideatial Zone; S. RT-ResidertualTractsZone.(Ord. Old (part), 2001; Amended during 4-97 supplement; prior code § 17?4.020) 17.12.D30 AgricnJturai-apes space {AO) zone. The agricultural-open space zone is in- tended to preserve iaad for agricultural and related use. Land widrin ibis zone is usually unsubdivided and witlt a minimum of roads, streets, and other utilities. ;t may be culti- vated acreage or land less suitable for culti- vation, yet suiffible far various agricultural enterprises using the broadest scoge of the agricultural den'nition. Laud witlria this zone may be Eot:uted adjacent to highways and arterial streets. The AC? zone is.further in- tendad to discom$ge the scattered intrusion of uses not compatible with an agriculturat nrml envuoament. (Prior code § 17.24.020(A)) 17.12.031 Suburban residential(SR) zone. This zone is limited to single-family resi- dential tracts on a minimum of five acres of land and on which agricultural uses may be conducted with the eYCeption that animal units shall not ezceed~u4l; per five acres (see ~~ (~~e aoz( ~ ~sz "Livestock units" in Section 17.08.65]). (Ord 9b-5 (part), 1996) 1',.12.034 ResidentiaE tracts (RT) p.2 of one acre of land, steels-is-e•lasNad-azt•}~; ~'fy~,e a^~ + - else „a, ,,.,.,s ' calaaiE-regnire=- zone. 17.L?.050 liesideutiai-75DD (R-75D0) zone. Tire residential-7500 zone is intended to provide an area for meditun, urban-density,. smgie-family, residential- euviroament ou lots that are served by a public sewer and sewer system. (Prior code § 17?4.020(C)) 17.12.060 Residential-60D0 (R-SD00) coos. The residential-b000 zone is imended to Livestoelc is limited to two livestocs - units per acre with additional utriSs allowed per additional half-acre. iac:ements in conformance with Section 17.08.651 ofthis Ordinance. No livestock is allowed in the City limits, and all livestock mast be removed when annexation occurs. May 12 04 09:59a Cal 406-245-5843 p.3 1736,040 s... 1756.040 APplit~b0itywhen 6¢ildiag damaged or destroyed. A ]f any braiding in w.bich them is a nonconforming use is damaged by fire, flood, explosion, wind, war or aWez catas- trophe, is an amauat equal to or greater thanfiitypezcent ofits assessedvaluation, it sltallnot be again usedorreconstrncted to betrsedforanyuseexcept one comply_ ingwith the previsions ofthis titre iawhich it is located. B- Ia addition, repairs and mainte- nanro irk ~Y be carried oat each year is as amount not to exceed twenty-five percent of the assessed value of the burid- iagforthatyear. Suchrepaits andmainte- nance work sha]l not increase the cubical content of the brtriding, nor the floor area devoted to rite .nonconforming use. Nor shad it mcrease the mtmber of dwelling units provided in a braiding. G Nothing in this citaptez shall be. deemed to prevent the strzagdteaiag nor repair of a bu>7ding which tray be neces- sary torestore the building to a safe con- dition ar to ' tmprove the sanitary wadi. lions of the braiding; provided, shat such ~'°n~~B andrepairmaynotbeused to restart a braiding 1A the provisions of Section 1756.040 of this chaptez. (Prior code § 37.64.010(B) (pazs), lam) 17S6A50 Restrictions an moving building. Any bt»lding in which there is a non-. conforming use shag not be moved unltss ills moved to a districtinwhich theusefor which the buildingwas desigaedispermis_ led by this title. if any braiding m which therein anoncanfortaiaguse ismoved any distance whatsoever, the butidiag shall thereafter be used only in campli once with the provisions of this title for the district in which it is ]ocated. (prior code § 17.64.010(D)) 1756.060 Continuance and.dtaage, A noaconfoffiing use may be c~ntin- ued in accordance with the provisions of this chapter, bunt shall not be changed to anyotheruse except the onewhich would bepermitted as a new use in the district in which the buSding is located. (Prior code § I7.64.010(E)j 1756.070 Diaeontinnaa~ ~ A if for any reason a noac of m than days, e d shall ~ of be compli_ aacevvith asof titieforthe use ing shaIl for ~ for a toarmuous . ths, the build- be except in visions histi2le t5isirict is wh~;h the is (Priorcade § 17.64.OI0(F')j ~i,If for any reason a nonconforming use ceases for a period of six months . 'any new use must contotm to the ;provisions ofthis title far the district is which the use occurs, and the ! nonconforming use no longer allowed. 431.' r~^"