HomeMy WebLinkAboutCity/County Planning Board Minutes 07.01.2004DRAFT
MEMBERS PRESENT:
M1NUTES
LAUREL CITY-COUNTY PLANNING BOARD
JULY 1, 2004 7:00 PM
COUNCIL CHAMBERS
Gerald Shay, Chairman
Dan Koch, City Rep.
Bud Johnson, City Rep.
Todd Linder, City Rep.
Clarence Foos, County Rep.
Dan Ruff, County Rep.
OTHERS PRESENT:
Cai Cumin, City Planner
Cheryll Lund, City Secretary
The minutes of the June3, 2004 meeting were approved as written.
Temporary Use Permit - Snow Cone Kiosk - Old North School Lot
Vince Ricci thanked the board for allowing this application onto the agenda. He introduced Dan Dimich
as the owner of the kiosk.
Dan plans to put the 4' X 8' kiosk in approximately the same place as the previous kiosk. He will use
the existing paved driveway for entrance and exit. He will place a small freezer behind the kiosk to
store ice, which is attached to the kiosk.
Cai stated that this application had no information on it. He questioned off-street parking, signage and
whether or not there will be any other items placed on the lot?
Dan stated that there would be no tables or chairs set out on the lot. The sign for the kiosk is on top of
the building and the off-street parking will be on the street. There will be no cars allowed to park on the
site. He plans to run the business through August 2004. Then the building will be removed.
Cai recommended approval subject to Mr. Dimich posting a $1500 cashiers check or money order to the
city before placement of the kiosk, that the description of planned activities and facilities discussed here
be part of the record, and that the Public Works Director approve the application.
Motion by Bud Johnson, second by Clarence Foos to recommend approval of the kiosk
placement for Dan Dimich at Ricci's North School Lot, subject to Cal's recommendations. Motion
carried 4-0 with Todd Linder abstaining from the vote.
Anderson Subdivision Preliminary Plat - Harlan Lund
This preliminary plat has been brought back from the June 3, 2004 meeting with corrections as
requested by the City Planner and the board,
Bud Johnson questioned whether or not ail the corrections to the plat had been done?
Cai read the letter that he sent to Harlan Lund and stated he recommends approval, as all of the items in
the letter were addressed (see attached letter). He aiso adds that the requirements from Department of
Environmentai Quality, County Weed Control, and County Public Works Department be met before
final approvai.
Motion by Bud Johnson, second by Dan Koch, to recommend approval of Anderson Subdiv/sion
Preliminary plat, subject to Cai's recommendations and conditions. Motion carried 4-1.
Public Hearing - Saddleback Ridge - Zone Change and Preliminary Plat
Chairman Gerald Shay opened up the Public Hearing for discussion on the zoning of Saddleback Ridge
Estates.
Gerald stated, for the record, that there was a misunderstanding regarding a letter that was being
distributed regarding this public hearing. That letter was not from Chairman Shay, but a concerned
neighbor was distributing it to the residents of the existing Saddleback Ridge Estates subdivision.
Cai handed out a letter regarding this request. (see attached Findings and Conclusions).
PROPONENTS:
Matt Foggelson, Engineering Inc., spoke regarding the zone change proposed. They are requesting for
zone change from Agricultural Open to Residential Tracts.
The preliminary platting of the same land, 61.8 gross acres that would be broken down into 66 lots,
minimum lot size is .5 and maximum lot size of 2.79 acres.. This use does fit into the Residential Tract
zoning request, because of the availability of central water to the site. Because about two-thirds of the
plat is outside of the zoning jurisdictional area, the requested zone change is only for part of the plat;
the rest to remain unzoned.
OPPONENTS:
There were no opponents for the zone change.
Cai recommended approval of the zone change subject to the approval of the preliminary plat.
2
Motion by Bud Johnson, second by Dan Koch, to recommend approval of the zone change for
Saddleback Ridge Estates, subject to the approval of the preliminary plat. Motion carried 5-0.
Public Hearing for the Preliminary Plat was open.
PROPONENTS:
Matt Foggelson, Engineering Inc., spoke regarding the preliminary plat for Saddleback Ridge Estates.
This is the 2na filing of the subdivision. This is an extension of the existing subdivision.
The preliminary plat will consist of an addition of 66 lots to the subdivision. The lots will range from
.50 acres to 2.79 acres. The streets and roads will be paved and will have 60' right of ways.
The subdivision will be built in three phases.
The generation of additional traffic has been addressed through the traffic assessment study. There will
be a proposed deceleration lane off of Highway 10 for traffic turning onto Golf Course Road.
Streets will be built to county standards that will be approved by the County Public Works Department.
Maintenance of the streets shall be the responsibility of the rural S1D which will be par~ of the
subdivision.
There is a proposed storm water retention plan to collect the storm water runoff There will be one
retention pond on the west side and one on the east side. There should be no more runoffgoing to the
golf course than there has been in the past.
The subdivision will be served by it's own central water service and individual septic systems. DEQ
will need to approve all of those systems.
The Laurel Volunteer Fire Department will provide fire protection. There will be 2 additional 10,000
gallon tanks installed, and all other requirements required by the LVFD will be met as they request.
They are requesting concurrence by County Public works with Cal's recommendations of the stop signs
in the subdivision.
Opponents:
Rick Blaskovich, representing the Laurel Golf Course, stated that they are not opposed to the project,
but they have 3 concerns: 1) they would like the retention ponds to be lined; 2) golfers need to be
protected from liability to the surrounding homes on hole #7; 3) they are suggesting an 8 foot high chain
link fence be installed on the boundary line to between the subdivision and the golf course to eliminate
conflict between golfers and home owners.
Discussion on liability and safety issue between golfers and homeowners, walking path easement,
entrance to the subdivision.
Sam Piccard, owner, stated that they will look into the issue of liability through legal counsel.
Matt Foggelson, Engineering, Inc. stated that they have run across this issue before (in other
subdivisions) and that people who typically buy the lots are golfers that would be aware of the problem.
He doesn't feel that an 8-foot high fence is going to take care of the problem. He would like to suggest
that this be taken care of in the documents, where the owners provide a statement to the buyers that the
possibility of injury or damage exists.
Matt went on to state that people who buy next to a golf course typically would fence their yard in.
Gerald Shay stated that a fence would also serve to keep kids and dogs on their own property and not
wandering onto the golf course where they could get hit by a ball or play in the water hazards that are on
the golf course.
Matt Foggelson stated that there are no plans to line the retention ponds, and that the ponds have been
engineered to drain quickly so there will be no catastrophic amount of water that could act like a lake or
dam to break. This issue is covered in the submitted documents for the preliminary plat. Matt stated
that he would be happy to provide the golf course with a complete package of the subdivision for their
review.
Len Ventling stated that he has owned the land for 9 years. During that time he flood-irrigated the land
many times during the summer months. He stated that when you flood-irrigate you get a lot of run of[
He stated that the subdivision drain offwill be much less than when he flood irrigated the land.
Mr. Ventling stated that the golf course put in a drain to handle the runoff from the flood-irrigation.
He also stated that also he collected the largest percentage of golf balls from proposed lots 27-28 and 29,
which are located in the middle of the lower 1/3 of the subdivision.
Sam Piccard stated that they want to do the best for the buyers of the land and the golf course. They will
work hard on a solution to the liability issue.
Rick Blaskovich, representing the golf course, stated that they will encourage their golfers not to try to
retrieve any balls that land on private property.
The public hearing was closed at 7:55 pm.
Discussion by board.
Dan Koch questioned whether or not the two 10,000 storage tanks are opened or closed?
The tanks are closed.
Gerald Shay questioned the lot sales. Will they be sold in Phases?
Matt Foggelson stated that this would be based on how soon the improvements are done. If the
improvements are done right away the buyers would have a choice of any lot in the entire subdivision.
4
Gerald Shay is concerned about the build up of traffic onto GolfCourse Koad ifa major catastrophe
were to happen to block that road, the only access into the subdivision area.
Cai asked Rick Blaskovich to encourage the golf course to look at putting in 27th Street. The golf course
had a committee put together at one time to consider land development options, and this possibility
should be looked at.
Cai recommended approval subject to:
1. Subject to approval by the County Park Board.
2. Address the identification of Ranch Trail Road outside the platted area.
3. Subject to approval from Cove Ditch Company for ditch crossing.
4. Put "Pedestrian Crossing" signs on:
a. South side of Cove Ditch on Ranch Trail.
b. Between the pedestrian easements on Ranch Trail between Lots 15-16, Block 4 and the
park to the south.
c. Between lots 6-7, Block 4 and Lots 8-9, Block 5, across Ranch Trail
d. Connection the park lands on either side of Ranch Trail in Phase III
e. At the very west end of Saddleback connecting the pedestrian trail on either side.
f. Connecting the park lands on either side of Saddleback on east side of Lot 30, Block 1,
and the same between parks east of Wild Horse and Lot 27, Block 1
g. Move the drainage easement fi'om the west side of Lot 20, Block 1 to the east side so it
could allow a pedestrian connection to the easement on the north side of Saddleback and
put in a crossing sign.
5. Remove temporary cul-de-sac south of the ditch on Ranch Trail.
6. Install stop signs at:
a. Both ends of Wild Horse
b. W. end of Ranch Trail
c. Saddleback at Wild Horse
d. Saddlehorn and Ranch Trail
7. Change wording on page 6 of the SIA referring to "no street improvements will be required in
Phase I" to reference specific work required or no paving.
8. Page 8 of SIA; The wording referring to Exhibits "substantially in the Form of" needs to be
deleted. No exhibits are attached. Assume they will accompany the final.
9. Reference to attaching of Air Navigation Easement needs to be made in the SIA similar to the
reference in para 9, page 9.
10. Para 14, page 10 of SIA: this paragraph needs to state something about the time frame in which
fire fighting service, medical assistance, and County Sheriff can respond, since it is a ways away
from each.
11. The County Park Board will probably not want these parks, but the land can be credited to
satisfy the parkland requirement and maintained by the Homeowners Association.
12. Para 3 on page 3 of SIA: Recommend 5" of compacted road mix and not gravel or bark or some
other suitable surfacing agreeable to the County Park Board. This has to go before the County
Park Board July 7th for recommendation.
13.2na para in para 8 page 4 of SIA: Include paths, parks, and irrigation system in maintenance
provisions.
14. Subject to DEQ approval
15. Subject to approval by County Public Works Department.
16. That the developer pay for 50% of right turn lane on Highway 10.
17. All land is zoned by Residential Tract. This will require expansion of the Laurel Zoning
Jurisdictional Area.
18. Liability issue be worked out between developer and County Commissioners and the Golf
Course.
Motion by Todd Linder, second by Bud Johnson, to recommend approval of the preliminary plat
subject to Cal's conditions. Motion carried 5-0.
Preliminary Plat - Erlenbush Subdivision - North Star Land Services
PROPONENT S:
Tom Kelly, North Star Land Services, spoke regard'rog the proposed preliminary plat.
They have submitted their application for water and sewer systems to the Department of Environmental
Quality.
The High Ditch comes down on the south side of the property and goes in a northeasterly direction.
That is the dividing line between the two tracts. The easement on the plat is what the High Ditch
requested. There are two secondary lateral ditches with easements. There is a concern with property
owners that easements remain intact. The ditch on the most southern end of the subdivision is marked
"temporary" and only because the owner isn't sure they want to leave the ditch there and pipe it, or
move it to a different location on the south end along Airport Road. If they choose to move the ditch
they will work with the people that have an interest in the ditch. They have no plans to disrupt ditch
water.
The gross area of the proposal is 6.870 acres that will be split into two lots, minimum lot size will be
3.299 and maximum will be 3.571 acres.
Subdivision will be served by on-site water supply and sewage disposal. It will be serviced by County
Sheriff's Department and Laurel Volunteer Fire Department. The site will be accessed offofYard
Office Road. The subdivision will not interfere with any irrigation system or present any interference
with agricultural operations in the vicinity.
Present covenants and restrictions will remain on both of the proposed lots.
OPPONENTS:
Ed Melby, 8903 Laurel Airport Road, voiced his concerns over the "temporary" ditch being removed
and covenants remaining the same. He would like the ditch to be covered, not moved. He has
knowledge that the ditch has been there for at least 10 years.
Cai recommends approval subject to: 1. The low spot be identified on the plat and 5 copies of the plat be made
2. Airport Area of Influence needs to be written on plat as adjacent zoning
3. Requirements by the County Weed Department be met
5~
6,
7.
Requirements by the County Public Works Department be met
Air Navigation Easements be signed for both lots
Requirements by the DEQ be met.
Para 12 of the SIA needs to state that the lots for fire, ambulance and sheriff's department
are some distance from the site.
"Temporary" needs to be removed from the ditch identified on Lot B.
Integrity of existing ditches needs to be maintained.
Motion by Dan Ruff, second by Bud Johnson, to recommend approval of Erlenbush Subdivision,
subject to Cal's recommendations.
A letter received from Matthew and Kisha Miller, regarding covenants, ditches and drainage (see
attached). This will be made a part of the record.
GROWTH MANAGEMENT PLAN
Motion by Bud Johnson, second by Todd Linder, to recommend approval of the GIVIP, as
written, to the Laurel City Council. Motion carried.
Miscellaneous
None.
Public Input
None.
Cai reported that Iron Horse Subdivision will be considered at the Laurel City Council meeting on July
6th.
The meeting was adjourned at 8:45 pm.
Respectfully submitted,
Cheryll Lund, Secretary
7
CITY OF LAUREL
TElVlPORARY USE PERMIT
2.
3.
4.
5.
Name of business: ~M~:~ - ~,i,
Address of applicant: t5- oc/4c,u'ctT
Proposed address of b~iness/tempor~ use:
T~e oftempor~ use:
~ Group 2 Tempor~ Use. This group consisU oftempor~ uses ofprope~
con~u~g for longer ~ fo~-eight (48) ho~s but less ~ t~ (30) days. Exmples of
Group 2 Tempa~ Uses ~e c~v~s, circuses, C~is~as ~ee s~es.
Group 3 Tempor~ Use. T~s ~oup consists oftempar~ roes ofprape~
confining for.longer ~ ~ (30) days but less ~ one (1) ye~.
a. ~ follow~g tempor~ uses may be ~lowed ~ ~s ~oup:
(1) Gree~o~es or o~er simil~ semo~-odemed ~es, as dete~ed by ~e
Plmg Bo~d, shall be exempt ~om below subsection (b) Location ~d
Time Resffictians; ar
(2) O~er uses, such ~ c~out espresso st~&, ~ allowed ~ ~e appropriate
zomg ~s~c~.
b. Location ~d Time Resection.
(1) ~y ~oup 3 tempo~ use/~cmre exis~g upon adoption offs
chapter, s~l be deemed a leg~ noncoffom~g use. ~1 e~s~g Ieg~
Group 3 noncoffo~ing tempor~ ~es/smc~es, as of~e effecfi,e ~te
of tbs chapter or ~y men~en/hereto, s~l be removed or become a
pemment ~e by comply~g ~ ~e U~fo~ B~ld~g Code, ske
development st~d~ds, ~d ~y o~er feder~, state or loc~ req~rements
~n ~o (2) ye~s from
~en~ent hereto.
(2) The o~/opemtor may, at ~y t~e d~ng ~e ~o (2) ye~s ~ a Group
3 tempor~ ~e, become a pem~ent me by complying ~ the Umfom
Bulldog Code, site development ~d~ds, md ~y o~ fe~e~, state, or
loc~ mq~rements.
(3) ~y Group 3 tempor~ use/s~c~e, w~ch does not e~st upon adoption
of tbs chapter, s~l meet the supplement~ smd~ds in below subsection
c ~d sh~l ~so be removed when
above subsection (1) expires.
St~d~ds:
m Two (2) si~s not to exceed thi~-~o (32) squ~e feet in ~ea ~d eight (8) feet in heist
shaI be ~lowed, excluding A-frme signs. ~d sh~l be removed ~ong wi~ the
tempor~ use when the approved time limit or tempor~ us~'srmc~e pe~it h~
expired.
b. The mmpor~ ~e must provide sufficient space to acco~odate the stmc~re ~d off-
s~eer p~g for customer ~d use-related ve~cles. The p~g ~em ~ving I~es.
e~'ess/in~ess sh~l be paved, and the sire shall be approved by the city Eng~eer
wit~n ~he m~icipa~ limits of La~el or by the CounW Office of Public Works if locatad
outside of La~el but wit~ its one (I) mile zoning j~is~ction.
c. Clear sight v/sion for site ingress m~d egress shall be provided as approved by the City
Engineer if witkin the Laurel murficipal limits or by the County Office of Public Works if
outside of Laurel but within its one (1) mile zoning jurisdiction.
d. Access to public right-of-way shall be approved by the City Engineer ifwithSn the
municipal I/m/ts of Laurel or by the County Office of Public Works kf outside of Laurel
but within its one (1) mile jurisdiction.
e. Application for a temporary use/structure permit shall be made at the City Public Works
Department to the Plarmmg Board at least one (1) month ahead of the Planning Board's
regularly scheduled meeting date accompanied by a one hundred doll ($100) application
review fee.
Permit required:
Before any Group 2 or Group 3 Temporary Use or Structure is established the property
owner shall obtain a temporary use/structure permit, as delineated above. In addkion, the
property owner shall post a fifmen hundred dollar ($1500) money order or cashiers check
with the City of Laurel to ensure timely removal of the use and/or structure.
A copy of this site plan showing the above referenced requirements must accompany this
application.
Approval of proposed plan by City Engineer/County Public works Office:
Signature
Approve/deny Date
10.
A/tot approval by the Planning Board, applicant needs to obtain a business license from the
City.
Jun O? O~ 09:51a
CITY HALL
115 W. IST ST.
PUB WORKS: 628-4796
WATER OFC: 628-743 l
COURT: 628-1964
FAX: 628-2241
June 4, 2004
Harlan Lurid
5008 Creekmore Drive
I-Iuntley, MT 59037
~06-245-5843
p.1
City Of Laurel
P.O, Box 10
Laurel, Montana 59044
PLANNING
DEPARTMENT
Dear Harlan:
As I indicated to you, this Board reversed itself after your departure (through~he proper
and rather complicated parliamentary procedures). It moved to approve your plat of
Anderson Subdivision 3*a Filing subject to your preparation ora carefully and neatly
revised plat for resubmittal to this Board before its next meeting which meets the
conditions I discussed at the meeting and which are as follows:
On the plat itself:
a. In the SW comer of Lot 7, remove the one-foot non-access strip from the
public access easement
b. Correct the easement dimension in Anderson Lane from 50' to 60' (don't
just scratch over it).
c. On the S end of Lot 2, clean up the 40-50' printing so that the easement
dimension is clear.
cl. In the same area delete (don't scratch-out) the reference to the 10' private
road.
e. In the stone area delete the reference to temporary turnaround.
f. Remove the 40' retbrence in Lot 4.
g. Remove the 40' refL~ence in Lot 5.
h. Delete the reference to a 10' private road in Lot 20.
In the Subdivision Improvements Agreement, there is a typo in paragraph N.
page 3.
A draft Findings of Fact must be submitted (see Laurel Subdivision
Regulations).
P~rovid~ copies of just the corrected plat to the City Public Works Office Secretary by
~s June 28, 2004 ha order tbr this plat to be placed on the next agenda.
Cai Cuxm~ AICP
Planning Director
City Of Laurel is an EEO Employer
Equal Housing Opportunity
MEMO
SUBJECT:
TO:
FROM:
DATE:
Findings and Conclusions Regarding Saddleback
Ridge Estates Subdivision, 2~d Filing, Zone Change
Request
Laurel Zoning Commission
Cai Ckanin, Laurel Planning Director
July I, 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 rezoning 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 onproposed 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 fi:om 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 regalations 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 municipality.
State code (MCA 76-2-305(2)) provides that when a protest agalmt 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 of two-thirds of all the members of the city council; there is such valid legal
protest.
SPECIFICS OF ZONE CHANGE REQUEST
The applicants have requested a zone change on the SW ¼ and SE ¼ of Section 6,
T2SR24E, PMM, Yellowstone County, generally and area approximately one-half'mile
west of Golf Course Road and north of and adjacent to the Laurel Golf Course---and are
of 61.831 acres. The request is fi.om Agricuiture0Open Space to Residential Tracts, a
zone requiring one-half acre minimum tracts of land for single-family residential dwelling
units with central water provided.
PURPOSES OF ZONrNG
In reference to 'purposes of zoning': The proposed zoning is not designed to lessen
congestion in the streets; however, the traffic circulation system as designed will
accommodate traffic in accordance with local and national appropriate design standards.
The same applies to considerations for undue concentration ofpopalation and adequate
water, schools, parks, and other public requirements. Subdivisions such as thi~ located at
the distance it is from the City of Laurel and central sewer are considered sprawl. As
such, developments Ike this are discouraged by the Draft Growth Management Plan for
the Laurel Planning area. However, the State Legislature does not give local governments
the power to stop such sprawl developments.
Regarding reasonable consideration to the character of the distx/ct and its peculiar
suitability for this subdivision as proposed: This is an extension of an already developing
subdivision and conforms to the same time ofhonsing and lot size as presently exits in the
CONSIDERATIONS
This development is going through the subdivision and zoning process concurrently. The
subdivision plat will be forwarded by the Planning Board to the Yellowstone County
Commissioners, and the zoning recommendation will be sent to the Laurel City Counc/1.
The latter, which exercises extra territorial zoning one mile beyond its municipal limits,
will also hold a public hearing on the zone change request and consider the planning
Board's recommendation in their decision.
Subdivision is the detailed planning that is required for actual platting of the land. During
the subdivision planning process, all of the issues that might impact locating housing on
the site must be analyzed, documented, and presented to the Planning Board, the public,
and the County Co,--i~qsion for review, discussion, and decision. 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 prellminary plat preparation mnst
include analysis of soil and subsurface conditions and the impact of such things as soil
stability and stormwater drainage on housing location and road construction. The
transportation system must show what is proposed on-site as well as the impact of the
whole development on the roudn offthe property that lead to it. If off-site improvements
are required, such as a turning lane on Highway 10, for example, the developers will have
to share in the cost of doing that. The/mpact on municipal services such as fire, police,
schools, etc. must be documented.
2
An important part of the platting process is the preparation of and submission by the
developers of a Subdivision Improvements Agreement. This is a contract between the
local government and the property owners spelling out exactly what improvements are
required, when such improvements are to be constructed, and how same are to be
financed. Such improvements as landscaping requirements and park land maintenance are
also spelled out in this Agreement~-wkich is a binding contract on the developers.
As part of the platting and zoning process, adjacent property owners of record to the
development site are notified by mail of the public hearing before the Planning Board at
which plat and requested zoning are presented; the Planning Board is the board designated
by the City Council in Ordinance 16.56.060 and the County Commissioners to conduct the
public hearing required under State law. At the public hearing, which is advertised in the
Laurel Outlook, people can speak their minds about the proposals pro or con. The
decision as to whether to approve, conditionally approve, or deny the subdivision is up to
the County Commissioners.
3
· ~rTY HALL
1 i5 W. IST ST.
PUB WORKS: 6284-796
WATEK OFC: 628°743 I
COUKT: 628-1964
FAX: 628-2241
ity Of Laurel
P.O. Box 10
Laurel, Mon~ua 59044
APPLICATION FOP. M
PLAArN ING BOARD
DEPARTMENT
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
To Residential Tracts
Zone
Zone
Legal descm~ption of DroDertv:.SW 1/4 and SE 1/4 of Section 6,
T.2S., R.24E., P.M.M.7. Y~llo~stone Uoun~y, Montana
General location: Northwest of Laurel, approximately 1/2 mile
West of Golf Course Road and nort~ o~ the Laurel Gol~ Course
3. Proposed use: Residential tracts, 1/2 acre minimum size
4. Ow/ler (s) :
Leonard E. and Anita J. Ventling
(recorded owner)
3114 17th Street West; Billings, MT 59102
(address)
406/259-9600
(phone number)
5, Agent ( s ) :
Engineering, Inc.
(name)
1260 South 32nd Street West; Billingst MT 59102
(address)
406/656-5255
(phone number)
Covenants or deed restrictions on property: Yes
(if yes, include copy) --
No X
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 BE PRESEI~T AT KEARINGS.
~EL=__ON NO.
FEE PAiD
tilT, OF LAUREL
SADDLEBACK RIDGE ESTATES, SECOND FILING ZONE CHANGE
SADDLEBACK RIDGE ESTATES, SECOND FILING ZONE CHANGE
SUBJECT:
TO:
FROM:
DATE:
Saddleback Ridge Estates Subdivision, 2ad Filing, Preliminary Plat
Major Subdivision)
Laurel-Yellowstone City-County Planning Board
Cai Comin~ City Planner
July 1, 2004
The following are preliminary notes and comments on this subdivision; other issues may develop
during the public hearing and Planning Board meeting.
1. This is the Second Filing of Saddleback of which the First FHing is akeady under
construction. The Second Filing consists of 66 lots in three phases. Existing residents on
Saddleback Drive are concerned about new traffic going by their homes. Zone change being
applied for also to allow half-acre lots (with central water system).
2. A Traffic Accessibility Study was required to show daffy traffic volumes in area.
~ .(~ Subject to approval of the County Park Board.
4. Conforms to Laurel's adopted BikPed Plan
5. Need dral~ Findings of Fact.
6. This plat goes to the Board ofCoumy Commi.~sioners for action with this Board's
recommendation.
7. Zoning goes to Laurel City Council with our recommendation.
Address the idemification of Ranch Trail Road outside the ditcE
¢,(~ Subject to approval from Cove Ditch Company for ditch crossing.
· { ~& Put "Pedestmn Crossing" signs (as part of the traffic calming recommended in the TAS)
on:
a. S side of Cove Ditch on Ranch Trail
b. Between the pedestrian easements on Ranch Trail between Lots 15.16, Block 4
and the park to the south
c. Between Lots 6-7, Block 4 and Lots 8-9, Block 5 across Ranch Trail
d. Connecting the park lands on either side of Ranch Trail in Phase III
e. At the very W end of Saddleback connecting the pedestrian trail on either side
fi Connecting the park lands on either side of Saddleback on E side of Lot 30, Block
1 and the same between the parks E of Wild Horse and Lot 27, Block 1
g. Move the drainage easement l~om the W side of Lot 20, Block 1 to the E side so it
could allow a pedestrian connection to the easement on the N side of Saddleback--and put in a
crossing sign.
(~Remove temporary cul-de-sac S of the ditch on Ranch
Trail.
Install stops signs at:
a. both ends of Wild Horse
b. W end of Ranch Trail
c. Saddlehack at W~d Horse
d. Ranch Trail and Wild Horse
e. Saddlehom and Ranch Trail
Change wording on page 6 of the SIA referring to "--no street--improvements will be
reqmred-- in Phase I" to reference specific work required or no paving.
~,Page 8 of SIA: The wording relLm/ng to Exhibits "--substantially in the Form of--" needs
to be deleted. No Exhibits are attached. Assume they will accompany the final.
~ Reference to attaching the Air Navigation Easement needs to be made in the SIA similar
to the reference in para 9, page 9.
whi¢firPara 14, page 10 of SIA: This para needs to state something about the time flame in
e fighting service, medical assistance, and County SheritTcan respond, since it is a ways
away fi:om each.
1~)I don't believe the County Park Board will want these parks, but they can be credited to
sati~nc3~ the park land requirement--maintained by the Homeowners' Association.
11~ Para (3) on page 3 of SIA: Recommend 5" of compacted road mix alld not gravel or bark
or some other suitable surfacing agreeable to the County Park Board. (This has to go before the
Co Park Board July 7th for recommendation about the parks.)
(~. 2nd para in Para (8) page 4 of SIA: Include paths, parks, and/rrigation system in
maintenance provisions.
~2~f20) Subject to approval by the State Departmem of Environmental Quality.
(21~ Subject to approval by the County Public Works Department.
June 24, 2004
The Laurel-Yellowstone City-County Planning Board
l15W. laSt.
Laurel, MT 59044
RE: Preliminary Plat for Erlenbush Subdivision
Dear Board Members:
CITY OF LAUREL
As adjoining property owners to the proposed Earlenbush Subdivision we would like to
address the following concerns and make the planning Board aware of existing deed
restrictions and geographic items of concern.
The said property is currently subject to deed restrictions/covenants as put forward in our
warranty deed filed September 1997 per document #1891384. The property to be
subdivided is described as Parcel C. We have attached a copy of these deed restrictions
and would request that the Earlenbush Subdivision adopt these restrictions. This would
require an amendment to the restrictions/covenants to include the new legal description of
the two parcels of land which now are described as Parcel C. Because the property to be
subdivided is currently within a subdivision it arcady should have these restrictions as
part of legal record that should bind the property to said restrictions.
Another concern is for the easement of a ditch in the N.E. area of Lot B, currently this is
the only access for ditch water rights from Cove irrigation ditch. We request that this
easement be acknowledged and placed into record so that we can maintain our water
usage on the Cove ditch.
In closing we wish to bring to the Board's attention an area of drainage or Iow point on
the property proposed as Lot B. This area is a natural drainage and should be noted on
the topographical survey.
T.= tmO RsZ=NBD
TH~ PUB'r.tC
' ? -' :. oa%.ed:
Recorded:
Book Page
DOcument#:.
W~, the Estate of Marie A. Wyant,cby and through the
personal representative, Arlet A. Wyant, owners of the hereinafter
described real property located in Yellowstone County,' Montane,
wit: ..~ ~
PARCE~ A: ~
PARCEL
That part ef the SE%SE% of section 34~
ToWnship I South,. Range 24 East, M.P.H.,
.described'es Tract 8-B-2 of Amended Tract 8-B
of AmendedTract 8. of Certificate of Survey
Number i878, Yellowstone County, Montana,
.according to' the official' plat thereof as
filed of record in the office of the Clerk'a~d
Recorder of Yellowstone County, Montana,.under
Document Number 1447157.
That part of the. SE~ of Section 34, Township'l
South, Range'24 East,'M.P.M., 'described ae
Tract 8A~ Amended, of Cartif~cats- of Survey
Number 1878,..Yellowstone County, Montana,
according' tO the offic~a.1 plat~ thereof as
filed of.reCord in the office of the Clerk and
Recorder of Yellowst0ne County,' Montane.
PARCEL ¢: ~'! (/'~
Tha.t part of the SEa. of SeCtion 3~, Township 1
South, Range 24 East, ~.P.M., described as
Tract lA of.A~ended Tract 1 of Certificate of'
Survey Number 2454, Yellowstone County,.
Montana, .according to the' '0fficial Plat
thereof as. filed of' record in the office of
the Clerk. and. Recorder of Yellowstone County,
Montana.
PARCEL D:
; at part of of section 34, °wnehip. 1
South, Range 24' East, M.P.M., described as
Tract lB of Amended Tract I o£ certificate'of
Dec~..Restr.' Doc.·
· ' '~age 2
Survay'No.'2464';'Yil'lowstone County,. Montana,
according to 1:ha. OffLc~al pla~ therso£
f~led of record ~n'~he off~cs of ?ha Clerk a~
Recorder of Yellowstone County, Montana.
That par2 of th'e S~ of Section'34, Township
South, Range 24. East; M.P.M.,. described as
T~act 2 of Ce~cificate of SurveY. No.. 2464,
Yellowstone County,.Hontana, according to the
'offiCiaLPlat thereof as f~l'ed o£'r~cord Xn
· the off,ce, of: the clerk, and .Recorder
Yellowstone county; Hontana..
wan~s,'.?he ~%ate:'of Harie .A, ~Fant,. by and through'the
personal representative, Arlet'A. #yant, is the equitable o~ner and
desires to place bu~ld~nq restrictions on the above-described
premises.
How,. ~BFOR~, Ln cons~derati~n of the
undersigned', hereby establishes and. declares
" restr~ctions' which:shal~ be.applicable to all
described real estate:
pren~ses, the
?ho follOWXnq
of the above-.
All persons and corporatiOns'who sha]Z herea£~er acquire any
· ~nterest in and to. the &boYs-described real estate, shall be.taken
'and held to agwee and covenant'~l~h the ~eners of the above-
described property, and w~th ?heir heirs, devisees, trustees and
assigns,' to confor~ to and ObServe the following covenants,
restrict~ons and stipula2ionS.as tothe use thereof, and as tot. ho
construction of residences and /nproVensnts thereon.
oH nv2" xH
(A) Any ~uture division of '-*he sUbject proper~F, shall be ~n
compliance w~th all of the laws of the .State of ~ontana and in
co~pliance with th9 regulations.of ~he'County of Yellowstone.
'(B) ~n the ev'en~ that the sub~ect property is divided into
lo~s smaller than two (2) acres in el~e,, each lot shall be knovn
and described as. a residential lot 'and. shall'be use~ Solely for
Deol. Rests. Doc. #.
resident~al purposes~ ~.. s~-uctUre, shall be erected, .altered,.
.placed or p~i~ted upon any such residential Lot, o~her~han, one
detached s£ngle.
· Page 3"
(C) NO: lot Shall he subdivided 'for ~s pUrpose of
construct~nq =ore ~an one'(l) dwelling on any lot ss platted.
, (D) ~o tralls~, .bassmsnt~ tent, ehack~ or other
outbu~ld*ng erected on Said.. lots shell at any ~a~r~q~ us.d a. a.
residar~ce, te~porar~ly or. permanently* or 8halI any 8~c2~0 o~ a
~pora~charac~.~used as a resLdence, and~e~er~or o~e
d~ell~gg shall be ~n~shed ~n ~ts entirety before it can ~
occupied. ,'..
'" (E) Any =6~idence'erected onan~ o~ the above-described 2o~s
.shall have a ~round floor"ares o£ ".he main st=Ucture~ exclusive of
open porches and. garages,'of no~ less than 1250 square
.bu~lding o~. residence,erected, on sa~d' lots' shall be
construction.end no'b~lding O=buildings shall be moved onto sa~d
pre=lees.
(F) ~o const~uCtion equip~ento~ ms~er~ale o£ any n~ure can
· be =eyed onto a lot un~il ~thin 30 ds~e o£ ~he start of
'construction, and any building s~ced ehaX1 have its ex~erior
completed wi2hin one year from the time of starting.
(¢) All buildings shellbe s~ded ~ith conven2ional siding,
~2h ~he exception ~ha~ 'pole barns nay be cons~-ucted as
ou~bu~ld~ngso ..
(N) Basenent walls'Which are exposed more than 12" shall be
sided with c°nvent[onal siding or a coat of stucco.
(~) A~ houses and' res~dences,.£nc!uding ~tteched '
shall from th. p=op l ns. p=.u t_togths
requirements of~heCoUnty Suz~e~or for YeLlowstone county.
(J), Sidewalks, curbs and ~t=ers conS~ed shall c~ply
wit~ the retirements of ~h· County sure,or of Ye11~s~one count,
(X).. No trash or =a2e~aL shall ~ aLLo~ed ~o ac~ulakeon:..''
an~. of ~ha above-described lots ~o.~a. a~en~ ~ha2 such
Dec1.' Restr; Doc. '# ' '
~age 4 '.
ecns~lcute a menace or ~sance'. tO ad,scent property, or to the
exCent 'chat the same becomes
(L)' Use of the property as
the eventthe property ~sfurther subdivided, shall not at an~ time
'~ncl~de tho us~ £or. ~he purpose of .'gny ~rade, profession,' ·
man,fracturing or business o£any descrlpt~on,.lnclud~nqthe use'of'
~he property to 8~ore equipment related ~to sn~. b~sinsse, trade or
ProfeSsion.. , . ·
'not ~) ?he u~e of thepropertZshall be done ~n such a nanner as
interfere ~th the continued use of the easements ~n
ex~stence for ~rrigat~on and dra~naqe.
· . . (~) .Tbs.'property may he us'ed 'for the'care· and.running of
.horges. for recreation.' ~ho uso o~ the'
proper~y shall not Lnclude
'the raising o£',poultr~ or cloven hoofed'animals.
(o). The Lnval~dation'of an~ o~ these covenants b~udgnent of
'a court shall'~n no ~ay.'a£fect an~ of the other prov~s~ons which
sha~l =eua~n ~2. fulZ force and.effeCt.
· (P) ~esec~venants and =estr$ct~ons are to run ~$th~e land
and shall be b~nd~nq on all pa~es ahd al~ p~rsons cla~m~ng under
thom. '
7he' restrictions hereLn'set forth shall'runvith the land and
bind ~he present o~ners, their heirs° devisees, trusteaS':'and
ass~qns and any and.all other part,es cla~m~ng by,'throuqh or under
then, shall be taken to hOld:,sqr.ee and Covenant~ththe o~ners of
said lots, their heirs, devisees, trustees and-assigns,' and v~th
each o~ the. ovners of sa~d lo28, to co~o~:to and obse~e.sa~d
~es~r~Ct~OnS as .2o ~he use of s.a~d lo~s and ~e ~onst~c~on
· ~provenen~s~eon, ~ no.re~r~ct~ons h~e~n setfor~shall~
pecsonall~ b~nd~nq upon an~ corporat~on,'peFson or persons ex~p~'
~n res~c~ ~o ~reaches co~ed during ~s~ h~s, or ~he~r seizing
of, or ~2~e 2o sa~d land, and. the presen~o~ner, of future o~ners
of an7 of ~h~ above, lands, sha~l..ba~e ~e r~ght ~o 'sue for a~d.
obtain an Ln3~Ct$on, proh~b$~ve oF ~ndato~, .to.~even~ 2he
breach lo~ or ~o enforce ~he 'chesterSOn of ~he restrAc~ons above
set forth, ~n add~2~on.2o, ordinal, legal action 'Esr damages; and
~e failure cE ~e present o~e.rs~
Decl. ~estr. D==, # '"
Page S." ~i'
lot, in ~his aubdivSsion, ~0 'enforce the restrictions.herein set ''
forth, at th~ time of any vl61atiofi'thereo~ shall he in no event
construed as. a., waiver, of ..the right to do so. '~he above
restric=ions naM~'aX=e~d or~ded a=~y ~e~on~e~A~en ·
consen~..~hereto~' ~e presen~ ~er, Harie:A. w~an~', bM' and
rough her personal epro n s ye, let
described property.
MARIE A. WYANT
· o~the Estate of ~ie A. Wyant ·
STATE OF ~ .
' ' On 2his ~'da~ of , X993, be~0re ne,
~ndersiqned ~2a~.. Pub~ p~o~~~ed. Mlet A. ~yant,
~knowm to mo. to ~e ~e p~son~epreaen~ative o~ tho Es2a~e o~
~arie A. ~Man~ end whose name is. ~bacribed 2o the within
inst~men2 amd a~owledged to ne ~a~ he ~e~2ed ~e same·
IN WI~ESS_~F,_i_~aVe.,her~n~~nd .and affixed
.~.. , .~ ·
·,
/