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HomeMy WebLinkAboutCity/County Planning Board Minutes 12.02.2004DRAFT Members present: Minutes Laurel City-County Planning Board December 2, 2004 7:00 pm Council Chambers Gerald Shay, Chairman Dan Koch, City Rep. Bud Johnson, City Rep. Hazel Klein, City Rep. David Oberly, County Rep. Clarence Foos, County Rep. Rick Flanagan, County Rep Greg Johnson, County Rep.. Others present: Cai Cumin, City Planner Cheryll Lund, City Secretary Audience (see attached sign-in sheet The minutes of the November 4, 2004 meeting were approved. Motion carded. PUBLIC ItEARING - ZONE CHANGE REQUEST - 904 S. YEI,I,OWSTONE Laura Zahm and Matt Heiney of 904 S. Yellowstone have requested a zone change on Certificate of Survey, Tract A~ from Residential Manufactured Home to Residential Tracts to allow them animal units on their 4.06 acres of land. The home at 904 S. Yellowstone is not a manufactured home but the surrounding area consists of manufactured homes. There are 22 surrounding properties that were notified by mail that have a legal protest. Of those 23 properties the city received 15 protests. Proponent: Laurel Zahm spoke regarding her request for a zone change. She would like to pasture horses on her property and wants to make it legal because according to the RMH zoning they can't have animals. They would like to rent out the pasture. The house was built in 1923 and his stick built. The garage was built sometime in the 60's. They were told by the previous owners of the property and the realtor that they could have animals on the property. There are no covenants for the property. Laura goes on to state that her neighbors, the Hergenrider's and the Marstaeller's have both approached her in regards to renting out their pasture for a horse, and yet they both signed the petition against the zone change. Their pasture was also previously rented to the LaFlex's, who signed the petition against the zone change. She went on to say that her chicken house is 75 feet from the property line that she shares with Hergenriders, and that they were concerned with noise, yet they have 4 noisy dogs and 3 kids. They also had an issue wkh the smell and yet they bought next to the Cenex Refinery. She also stated that the Hergenrider's have a garbage trailer less than 50 feet from their own bedroom. She went on to state that the Murphrey's stated they were adjoined to her property, which they are not. They also have 3 barking dogs. She was told that she needed 5 feet of property between her property line and the neighbors and yet the Hergenrider's put a shed up in the backyard and pushed it ail the way to their property line. She went on to state that the Murphrey's went around and told the neighbors signing the petition that she planned to have a pig farm. OPPONENT S: Walter Murphrey, 403 Badger, spoke. He stated that he was the one Laura Zahm accused of saying she was going to have a pig farm. He did take the petition around but he did not tell anyone she was going to have a pig farm. He stated that he is not against her having horses or cows. He said that it is his understanding that if the zone change was granted she could legally have goats, pigs or chickens as well as horses and cows. He also stated the letter of protest he submitted does say his property adjoins her property but it is within 20 feet of her property. He requests that the board deny the zone change. He does not want chickens or goats, etcetera, due to the smell and the aesthetics. He feels this will put a negative impact on their property value. Gerald Hergenrider, 938 S. Yellowstone, states that his property adjoins Laura Zahm's. They did rent her pasture at one time for their horses. When he bought the property the realtor told him that he could have horses and it was written onto his paperwork for the house. He did not know that he could not have horses when he bought the place. Laura Zahm has chickens and roosters that crow all of the time. Yes, he does have 4 dogs but that is not illegal. He has had the dogs for 6 years and before she moved in. He had 3 kids before she moved in. She was aware he had dogs and kids when she bought the prope~y. She was also aware that his wife ran a Day Care in his home before she moved in. There were no concerns with the previous owners. The shed that Laura talked about is a wood shed for his woodstove and is not a permanent structure. He had it on good authority that she planned to raise chickens and pigs. All the neighbors have lived there longer than she has. He is concerned not only about her owning the property and having chickens, goats and pigs, but if she sells the new owners could also do the same thing if they change the zone. He goes on to state that this would drag down his property value. He stated that he was born and raised on a farm and he knows what pigs can do if they break out. They can turn a lawn into a disaster within 30 minutes. And chickens are loud, are nuisances and carry diseases. Roger Bare, 1021 W. 4th Street, stated that at one time he had a 100 head of pigs and his neighbors never complained. He feels that this is sad for him to hear this. 2 PROPONENTS: Laura Zahm stated she just wants the zone change to be able to legally have horses. Joanie McKenzie, 9224 S. Frontage Rd., Billings, Mt. stated that she has known Laura Zahm for 25 years and Laura has no intentions o£having a pig farm. The public hearing was closed at 7:12 pm. Board discussion. Crreg Johnson stated that he visited the site and that there are quite a few horses in every direction. It is a rural area. David Oberly asked if the board could make a recommendation that would include some animal and exclude others, within the limits of the codes? Cai stated that the only other avenue to address this would be for them to go through a conditional use application. But, this is a zone change request, not a conditional use application and the board cannot change the zoning ordinance. Gerald Shay stated that out of the 23 properties within 300 feet there were 15 legal protests and 9 other protests received. Clarence Foos asked if this was the same situation as the horses in High Point subdivision? Cal stated that the property owner had asked for a land use variance in High Point subdivision and that the ordinance was amended. Hazel Klein questioned how many animals units could be on that land? Cai stated that it would allow 4 horses, or 4 cows, or 8 pigs. Cai read his recommendation of approval into the record (see attached). Motion by Bud Johnson, second by Clarence Foos, to recommend that the zone change from RMH to Residential Tracts for 904 S. Yellowstone be approved. Motion carried 7-0. PUBLIC ltEARING - PRELIMINARY MAJOR PLAT -ZONE CItANGE TO R6000 - SOLID FOUNDATIONS SUBDMSION Pat Davies, Engineering, Inc. spoke in regards to the application. This proposed subdivision is Certificate of Surveys 1330 and 477. It is 6.44 acres and will be subdivided into 24 lots with the minimum lot size 6,000 and the maximum lot size 1.96 acres. The subdivision will request to be annexed into the city. All streets within the subdivision will be built to Montana Public Works standard specifications and will also meet the City of Laurel Public Works Standard. A turn around will be provided at the south end of the street as shown on the plat. Any existing street improvements that are removed as part of the construction of utility improvements shall be replaced to their original condition by the subdivider. Curbs and gutters shall be installed within the subdivision at the time of street construction. Boulevard sidewalks 5 feet in width shall be installed along the frontage of each lot at the time of issuance ora building permit and prior to occupancy. The sidewalk will be the responsibility of the individual lot owner. The subdivider will install a water main within the subdivision to serve the lots. The water main shall be extended from the existing water main located in 4th Street. Water services and curb stops shall be provided to each lot. The subdivider will install a sewer main within the subdivision to serve the lots therein. The sewer shall be a low-pressure sewer main and shall extend to the existing gravity main located in 4t~ Street. Individual sewage grinder ejector pumps will be required for each home and shall be installed by the lot owner at the time the lots are developed. Storm water drainage shall be provided by a combination of surface drainage, curb and gutters, drainage swales, inlets, storm drain lines, and detention areas. A temporary retention area shall be constructed on Lot 12 Block 1 until such time as the drainage system is expanded upon by future development. All public storm water facilities shall be designed and installed in accordance with City of Laurel regulations and shall be subject to the approval of the City Public Works Director. Parkland dedication requirements will be met by cash-in-lieu of land. The Laurel Volunteer Fire Department will provide fire protection. Ail noxious weeds on the latest Yellowstone County noxious weed list must be controlled on all properties in the Subdivision. A noxious weed list must be filed and updated annually for approval by the Yellowstone County Weed Board. It must contain the noxious weeds being addressed and the plan for control of those weeds. Rocky Smith, Laurel Development Corporation, spoke. The proposed development is intended to provide affordable housing within the Laurel area and is also proposed to be part of a Mutual Self Help Housing project that will provide affordable loans to prospective buyers. The prices of the homes will be from $92,000 to $160,000. The existing land use is Commercial vacant. And the existing zoning is Residential Tracts and Highway commercial. Its intended use is for residential development. The zone change request is to Residential 6,000. This zone fits into the surrounding neighborhood zone both to the east off 8th Avenue and to the north of W. 4th Street. 4 The homes are structurally paneled homes that are better insulated and easier to build. They retain their value and are much easier to heat and cool. There are 68 of these homes that have built in Kalispell. There are 4 home styles to choose from starting with a 1632 square foot, 5 bedroom, 2-car garage homes to a single level patio style home with 1337 square feet. All of the homes have garages. Dustin Marquart, 1003 Sunhaven, stated that he is 22 and a nurse's aide. He and his wife are raising a 6- month-old child and this would be a good way for them to own a home and get a good start in life. Kelly Hill, 2311 Monad #9, Billings, stated that her and her husband both work in Laurel and would like to live in Laurel. This would be a great opportunity for them to have a new home so they can raise their 5-year-old daughter in it. Karin Moran, 613 W. 1~t Street, works at Ace Hardware and as a single mother ora 6-year-old child this would be a wonderful opportunity for her to own her own home. OPPONENT S: Shannon Ketterling, 943 W. 4th, asked if she could ask the proponents a question? After Chairman Shay allowed it she asked: why if this is already zoned for 1-acre lots, they can't leave it at that and have 1 house per acre? She also stated that most of the houses in the area are on at least 1 acre. With the addition of 24 more homes there will be too packed in. She statedthat these homes aretract homes, and questioned how the Homeowner's Association will be kept up and who will enforce their rules. John Becker, 917 W. Main, stated that his property borders the project on 2 sides; he stated that someone is starting a project without following standard procedures; he stated that the LDC has city employees, council people on it which he feels is a misuse of power; they started the project before they got the go ahead and are getting away with it; they've hauled in a ton of dir~: where will the water drain to; he stated that he talked to the state and they are concerned with water drainage because of possible groundwater contamination from the septic tanks; the plat doesn't show the neighboring properties; it does not show existing drain fields; the plan says ground water is 15 feet and it is at 3 feet, is the groundwater going to into his crawlspace which is right next to the pond; stated there were no perc tests done; his property values will go down; where is drainage from street going, to the pond right between the houses; he did some checking on the internet and found a draft from the City-County Planning board, 2~ paragraph talking about their land use plan and that they discourage the development of businesses along arterial ways; the property should be used for a commercial venture; he thinks there is too much conflict; municipalities should not be involved in development; they should assist small businesses with development; they have made provisions to waive DEQ assessments and provisions for low and middle-income houses; he is against the zone change because it won't fit 24 houses; property value impact; the area is developing itself right now; too much controversy. Roger Bare, 1021 W. 4th, said the sewer is too small to handle more people and will require a pump that will make the homeowners electricity bill higher than normal; he has nightmares about his sewer overflowing his toilet; his dad had a saying that "poor people do poor ways"; insufficient 8 inch pipe that picks up a lot of groundwater and it already runs half full. Linda Sturman, 1009 Old Highway 10 West, is on the le~ side of the project. Why the tons of dirt, what are they trying to hide as far as contaminated dirt; grass doesn't grow in one corner of their land; she doesn't want a pond due to mosquitoes; totally against project; can't see putting 24 houses on this land; when they tried to sell their land a buyer wanted to put 2 homes on 3 acres and they would not allow it. Neta Bare, 1113 W. 4th Street, stated that she grew up in a low income family and is not against this project for that reason; it seems that since the LDC was formed they can do anything they want to do without checks and balances; $20,000 that the council gave to start the project seems to allow them to do anything and because of this she has Iow confidence in the process; she chooses to raise her children in the quiet country development; because they live in the county they must call the sheriff's department whenever city dogs or human trespassers are bothering them; with 23 more houses added to the lane there could be more dog problems and children from the city camping out in their pastures; how is it that 3 city officials that they cannot vote on (because they are in the county) and one appointed official that no one votes for, why cannot the Yellowstone County Planning Board decide what will be developed in their neighborhood; and she stated to Cai Cumin directly that if he is going to continue planning for Laurel's future than he should consider moving to Laurel so that he can support Laurel's economic development with his lifestyle instead of only making plans that only effect those of them that live in the area. Leonard Lawver, 1303 W. 4th, stated that he has been told by the City that the fire hydrant located by him would not have sufficient pressure to fight a fire with; questioned how anyone can say that it is surrounded by R6000 residences because R6000 is only on one side of W. 4th; he questioned if they ever did an Environmental Impact on the property; he is against it. Marg Holden, 837 Old Hwy 10 W, questioned why the contractor doing the building is coming from out of state. Tamara Wheeler, 1015 W. 4th Street, she is kitty corner from the proposed development; last year her taxes tripled; they have agricultural land they can't do anything with because of alkali; they have no access to the back of their property; if they are annexed into the city their taxes will be raised so much that they would lose their property; are they going to be lef~ with paying for the curb, gutter, water and sewer for the development when they have already paid for it; she is against having so many units added. Kathy Herger, 852 W. 4th, concerned as to where the young children will play when there is a great big house on a itty bitty lot, will they cross the street to go to the playground or will they come and play on her land; she is against the project. Ron Herman, 828 W. 4th, has lived in the area 56 years; question on the thunderstorm that comes thru Laurel every 5-6 years, where will the water go; it's on a floodplain; developers haven't done their homework and they do not care. Lee Warier, 836 W. 4th, asked how much money is going to be generated for the so called "non-profit" organization in charge of the project; why can't the people just go get FHA loans to build; how is the money being shifred around between all of these people. David Bare, 1113 W. 4th, stated he is not against "low-income" housing; it was stated that wouldn't the owners of subdivision want other people to enjoy what they have, when 23 residents are packed in so 6 tight and the only the access offofW. 4th Street then that changes their once quiet neighborhood; when he goes to bed early at night it is a quiet neighborhood and he wants it to remain that way; the first 3 words of the Declaration of Independence are "We the People". The Public Hearing was closed at 8:00 pm At this time it was put into record that there were 6 protests out of the 11 surround properties and 29 protests from other people. PROPONENTS REBUTTAL: Pat Davies spoke. Storm water storage retention/detention ponds are always a big issue for residents. Almost all municipalities, including DEQ, counties, Billings and Laurel require some type of storage for storm water be provided. The reason for it is because of the runoffincreased by new developments. So what they want you to do is create a detention area for storing the water temporarily and let it drain offas it does historically so the people downgrade will not be impacted. At the time this plat goes forward the developers have to submit a plan to the city and they have to approve it, per the Laurel City standards. The reason for curb and gutter is to carry the water down the street into the detention/retention area of some sort and discharged offthe site. The 8 inch sewer line has been reviewed by the city and calculated by the engineer and can serve up to 130 homes. He thinks they are approximately 25 houses hooked into the sewer line at this time. They did take into account the ground water flow when the calculations were done. Based on their calculations the sewer system will be able to service all of the homes in the area. In regards to the cost of operating the grinder pump systems the systems are economical from a power standpoint. They are small pumps that run for 2-3 minutes at a time. The city has done hydrant flow tests and there is adequate pressure to fight fires. This was done with the study done when the City was working on their new water plant project. Perc tests are not required for this kind of development. Perc tests are done for drain fields to find out how fast the water infiltrates the soil. This subdivision will be served by city public utilities and perc tests are not required. Groundwater depth information comes from the Montana Bureau of Mines website. They have well logs from all the existing wells in the area so they take and average what is recorded on those wells. They do not have monitoring wells on site to monitor depths. The 15-foot number is an average number and does not account for seasonal water changes. He would not be surprised if the water is at 4-5 feet. That is something that needs to be taken into account when construction is planned. The improvements costs will be done at the developers cost, not the adjoining neighbors. 7 John Becker, with the Chairman's permission (because the public hearing was closed), questioned where the storm water retention pond would go? Pat Davies stated that would be looked at during the plat process. He explained how that is calculated. He will pull the statistics from the area and determine which will be the least impact. Mr. Becker stated that there is several drain fields that are not listed on a map. He also stated that if the developer is looking for approval on the subdivision tonight, on a project that has already been started, that they should have the storm water issue all figured out. Rocky Smith spoke. In regards to the home structures being called "Pre-Fab Modular Homes" is not correct. The wall panels they buy as wall panels. Everything else is standard constructed home. The panels are 6 inches thick foam and are being used in most parts of the world and in Montana because they make for a much better insulated home. The rest of the home will be conventional stick built frame on a foundation. The developer will control the Homeowner's Association for 10 years. They retain the ability to take complaints and follow through with eviction and can even re-sell the home should the homeowner's not comply with the rules made by the Association. Rocky stated that the reason they can't develop 1-acre lots is because of the huge amount of money to it will take to develop the subdivision with curb, gutter, sidewalk, road, and sewer and water lines make it cost prohibitive to do 1-acre tracts. If they were selling 1-acre tracts they would have to sell the lots at about $100,000 a piece in order to make the project work. Rocky goes on to say that as far conflict of interest is concerned there needs to be an individual gain by some individual or persons. They are a 501(3)(C) non-profit corporation. None of the Board of Directors has any financial interest or are paid anything. Everyone shares his or her own time for the benefit of the project. As far as the Environmental issues on the property they have a Phase I Environmental Study done on the property that shows no environmental issues whatsoever. That study was done up to a 100-mile radius of the property. A copy of that study was submitted with the plat. A contractor is not building these homes and they did not hire a contractor from out of state. What they are doing is teaching the families how to build these houses and the families are being supervised every step of the way. The families will be living in the homes are actually doing 65% of the building of the homes. The guy that was hired from Washington is a "Self Help Housing Construction Supervisor" and has been for 6 years. It is a big benefit to have him on this project. The LDC will be paying for the curb and gutter and 100% of the improvements. As far as where the children will play there is a playfield about 300 yards at West School. In regards, once again, to these being low-income houses he reminded everyone that the largest home they would be building appraises at about $160,000. Because there is no labor involved a homebuyer will be able to get into that house for $128,000. As far as the other models of homes they appraise from 8 $92,000 to $96,000. These homes are anything but low-income homes. Homeowners have to reach a certain level in order to qualify for these homes. These homes are not HLrD Homes. They are not Habitat for Humanity homes or Section 8 Housing. Those homes serve a certain nitch of people. In- between that nitch and the people that can just go out and buy a home is an unserved area that no one is taking care of. With these homes they don't need to make a down payment if they can make the mortgage. So the homeowners labor (sweat equity) goes into the home. The plumbing, electrical, concrete and some of the other technical jobs are contracted out. Board discussion. David Oberly stated for the public that he serves on the Planning Board free and he does it in the best interest to help the community. He is disturbed when he hears inference about low income and low- income people. He looks and values everyone in his neighborhood and community as equal and he does not like inferences made about this type of project. He will vote on the law and not on the bias. Clarence Foos questioned Rocky Smith as to what government agency is financing his project. Rocky stated that the Department of Agriculture Rural Development Program. They are funded by a 523 federal grant from Rural Development that pays for all of the administrative funding for the project. It is not FHA. Chairman Shay questioned where the prospective homeowners get their loans? Rocky stated that there are a couple of ways. Predominantly they qualify for a Rural Development 502 Direct Loan. That is a construction loan with a zero down and they draw down as they are building their home. Once the home closes they start making their payments. They are allowed to use their sweat equity. They can finance it conventionally also and there are several ways to do that. Question on the run off of storm water. He understands the process that the water catch basin and run off rate but in the event on a downpour that sometimes takes place and floods that area. Is there technology or a planning process to adjust or to prevent the normal run off?. Pat Davies, Engineering, Inc., explained that each municipality establishes storm frequencies that they have to design to with the probability that those storms will occur. Typically those storms are in the ranges of 25-50-100 years. LanreI's standard is 50 years. He stated that you can't design for every storm but you have to design to Laurel's standards. Clarence Foos asked what the purpose was of hauling in all of the dirt? Rocky Smith stated that originally they thought they would have to raise up one end of the property and they were able to buy that dirt at a good price. It will also be used for roads and other things as needed. Hazel Klein asked about the tum around area and a corridor connecting to the highway that states it will be gravel. Rocky stated that the one of the things they look at during construction is a temporary turn around for emergency exit only, under lock and key, in case of emergency. Hazel also questioned whether or not the property below where the houses are located is being planned for future development? Rocky states that there is no plan for development and it will probably be sold eventually. Clarence Foos asked whether or not there would be an exit onto Old Highway 107 Rocky stated that the neighbors were concerned about entering onto Old Highway 10 because of the higher speed limit and the concerns about kids from the proposed subdivision playing close to the highway. The only exit will be offW. 4t~ Street. Hazel Klein asked if the water run off could be channeled to the area not designated for property. Pat Davies stated that they are looking at doing that. Question on what the next step will be for approval of this subdivision and whether it will be annexed into the City. Chairman Shay stated that the City Council would hold another public hearing for zoning and for the preliminary plat. The property will also have to be annexed in to receive city services. Clarence Foos asked where the $20,000 that the City contributed was? Cal stated that it was to give the LDC a jump-start. Rick Flanagan asked if this was the last time this preliminary plat came to the Planning Board? Chairman Shay explained that this would go to the City Council with the Planning Board's recommendation. Hazel Klein stated that she was concerned about the water table and the sewer pumping and asked if the City was going to scrutinize it more in depth before it was approved. Cai commented on this proposed preliminary plat and zone change. He stated that there have been a lot of questions about capacity on everything from roads to sewer lines to surface water run off He feels that if communities were affected by what individual people think about these kinds of standards it would be an incredible mess that would never go anyplace. Over the life of this country communities have gotten together and established standards so they don't have to argue over whether an 8 inch line will handle sewage. That is what professional engineer and City engineers are for. We need to let the professionals do their job. There are standards set for traffic, water run off, sewer lines, water lines, roads, etc. There are standards set in all of those areas and those issues are going to be addressed before the subdivision is approved. 10 One of the biggest problem that is being faced by the people in the audience is transition and change. It would be nice if the City never came out to them. Laurel is growing and there is another small subdivision to the west of them that is coming in. The City is growing. Cal recommended approval of this subdivision subject to the following conditions: 1. Addresses on the plat are wrong. 2. SIA lA(l) states that "the design cross sections of the streets shall be submitted to and approved by the City of LaureI Public Works". It should say "submitted for" approval. 3. SIA lA(6) issues of culverts and ditches need to be included in the project 4. A copy of the Homeowner's Association Rules need to be included Cai stated that the issue of conflict of interest is being addressed by the County Attorney's office. They are the professionals on this issue. Bud Johnson stated that he would abstain from voting. Rick Flanagan stated that he has some concerns on water drainage and the water table that have not been addressed. He faces the same issue of the city moving out to his home. He is concerned that things have not been though out and finished and he does not want this to Pass through this board and not be addressed again. Cai stated that he usually has many more conditions that he lists out but in this subdivision the Subdivisions Improvements Agreement includes issues such as fire suppression, Department of Health and several others. Water, Sewer and Storm drain is included in the SIA, which is a contract between the City and the developer. The developer has to meet the City's required standards before the subdivision is approved. Rick Flanagan questioned who would review the water and sewer because it states that there is only a verbal agreement now. Cai stated that the City Engineer would review that. He also reminded Rick that the submittal is from professional engineers. Cai stated that the developers have requested annexation but the City has not agreed to that yet. Rick Flanagan asked if it was just this tract that would be annexed in and not the two adjacent properties? Cai stated yes. At this time John Becker requested to speak. This impacts him; he thanked Bud Johnson from abstaining to vote; he requested that Cal Cumin not vote (Cai does not vote); he stated Cai should not even make a recommendation to the board because he has "interest" in the property; Cai is too involved and it is a personal issue for him he pays insurance every month (?); it comes down to professional ethics. Greg Johnson stated that a comment was made about the LDC knocking businesses in Laurel. The comment was about arterial business. The Planning Board is trying to keep businesses in Laurel. From 11 what he has seen Cal is for business growth in Laurel and if not for him and the LDC they wouldn't have subdivisions being built in and around Laurel. Where was the audience 5 years ago when they were starting the LDC? From what he has seen in the past 3-4 months this board is helping the town grow. He did not like the comments he heard saying that the board is not "anti-growth". Growth is going to happen in Laurel. He chose to sit on the board for the betterment of the community. Clarence Foos stated that he thought the people were not against growth but against the type of project. Hazel Klein stated she had to abstain from voting because of some people construing her as having a conflict of interest and for the betterment of the board. She feels there is a need for this type of development and when you live in the country the development grows to you. The community needs this type of development. Rick Flanagan asked what would happen if they tabled this until some of the unresolved issues? What impact would that have? Chairman Shay stated that it would delay the project. David Oberly stated that he is not in favor of tabling this subdivision and that a decision needs to be made. The SIA is a binding agreement and if the City approves it the developers have to follow and comply with the laws. The Board's purpose is to see if it complies with the rules and laws and meet the criteria. Rick Flanagan stated that he likes to see the development go but doesn't feel comfortable approving it at this time because it has too many issues that he feels are not complete. Motion by David Oberly, second by Dan Koch, to recommend approval of this zone change and preliminary plat subject to Cal's conditions and the SIA, Environmental Impact Statement and all of the other documents submitted. Motion carried by a vote of 3-2. This preliminary plat and zone change will go to City Council with a recommendation of approval. Mark Mace thanked the board for taking the time to go through the two-hour public hearing process. Doug Poehls also thanked the board and stated that there were many good comments that came from the hearing. The meeting was adjourned at 9:00 pm. Respectfully submitted, CherylI Lund, Secretary 12 MEMO SUBJECT: TO: FROM: DATE: Findings and Conclusions Regard/rig Zone Change Request Prom Residemial Manufactured Home to Residential Tracts for Tract A of Certificate of Survey 826 Laurel Zoning Commission Cai O~mln: Laurel planning Director December 2, 2004 LEGAL COMM]ENTS The Laurel Municipal Code (17.72.050 (G)) requires that, "The planning director shall report his findings and conclusions in writing to the rezoning commissioI1, which report shall be a matter of public record." State code (MCA 76-2-304) requires that local goveramems take into consideration during deliberations on proposed zone changes the 'Purposes of zoning': (1) Such regulations shsll be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety fxom 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 requiremems. (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 municipality. State code (MCA 76-2-305(2)) provides that when a pretest 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 of two-thirds of all the members of the city council. There is a valid legal protest against this request. SPECIFICS OF ZONE CHANGE REQUEST The parcel of land for which a change has been requested is approximately 4.086 acres in size, exceeding the minimum for which a zone change can be requested where such zone is a new zoning district being introduced into an urea. Ifa Residential Tract Zone akeady here existed, for example, a much smaller parcel--such as a single city lot (50 by 140 feet)--could be changed by expanding the existing zone. The parcel is generally located in the southerly most part of Laurel usually accessed by the South 8t~ Avenue Overpass. Land to the east is generally open space, a large-lot residence is located to the immediate south, and a larger residential lot is located to the nortb, CONSIDERATIONS In reference to "purposes of zoning:" The first issue the Zoning Comrnission and the City must consider under State law is compliance with the adopted Grow Management Plan. The changing of one residential zone to another does not conflict with the Draft GMP. The , t~5 proposea zoning ,~s-not affect street Izaffic. The issues of"fire, panic, and other dangers" can be addressed by local emergency service providers. Adequate light and ak, the overcrowdi~4~ of the land, and preventing undue concentrations of population are not issues here, nor are anticipated impacts on schools, parks, and other public facilities. The fact that the applicant wants to change the zoning to a much lighter density than could be allowed (if all prerequisites were met) will actually lesson any impact. In considerin~ the character of the area and its particular suitability for zoning which allows animals, this area akeady has animals throughout the neighborhood grand fathered in from long-time use. The change to Residential Tracts will also not affect property values. After the Plaxming Board makes its recommendations on this request, it will be forwarded to the City Council of LaureL Even though the site is located in the County, it is within the one-mile zoning jurisdiction of the City of Laurel. RECOMMENDATION The original problem in the neighborhood arose because the applicant kept chickens adjacent to the neighbor's house, and the crowing of roosters at all hours of the day and night were a legitimate nuisance issue. Given the semi-rural nature of the neighborhood and the number of animals in the area, this appears to be a problem between neighbors, and may have to be resolved by the enforcement of laws relating to disturbance and nuisance. The Zoning Ordinance should not be used to resolve and then ultimately try to enforce such issues. Given the considerations discussed herein, my recommendation is to approve this request for zone change. 2 CITY HALL I15W. IST ST. PUB.WORKS: 628-4796 WATER OFC: 628-7431 COUKT: 628-1964 FAX: 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FORM PLANNING BOARD DEPARTMEN~ The undersigned as property requests a Zone Change/Land Use Variance the City Zoning Ordinance: owner or agent of the following described as outlined in Zone Zone 1. Legal description of property: 2. General location: 3. Proposed use: (recorded owmer) (addres s) (phone number) Agent (s) : (name) (address) (phone nuraber) 6. Covenants or deed restrictions on property: Yes No / (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 ~o~nstitute a payment for a Zone Change/Land Use V~rianqe. Also, that al'i~ne inf~on presente~ ~s true an~ correct. PETITIONER MUST BE PRESENT AT ~EARINGS. PETITION NO. [o~.- OZf FEE P~ZS ~5-~. ~o PETITIONER'S S IGNATI/R~ ~ City Of Laurel is an EEO Employer Equal Housing Oppornmity CITY OF LAUREL !15W. tst ~0. Box 10 LaumI, Montana 59044. 17 23 22 CS 1222 'ffil ST 2O CS 1529 TR1 PoW 904 S. YELLOWSTONE 904 ~.YELLOWSTONE Petition against the proposed zone change from Residential Manufactured Home to Residential Tracts for the following described property: Certificate of Survey 0826, Tract A, Address of 904 S. Yellowstone Avenue, Laurel, Montana It is understood that the requested zone change from Residential Manufactured Home to Residential Tracks would allow the property noted above the right to animal ~mits on that property which could include chickens, pigs, goats, etc. The residents noted ~elow respectfully request that this zone change be denied. Name Address Petition against the proposed zone change from Residential Manufactured Home to Residential Tracts for the following described property: Certincate of Survey 0826, Tract A, Address of 904 S. Yellowstone Avenue, Laurel, Montana It is understood that the requested zone change from Residential Manufactured Home to Residential Tracks would allow the property noted above the right to animal units on that property which could include chickens, pigs, goats, etc. The residents noted below respectfully request that this zone change be denied. Name Address Signature November 12, 2004 Laurel City-County Planning Board PO Box 10 Laurel, MT 59044 RE: Public Hearing Scheduled for December 2, 2004 on Proposed Zone Change for 904 S. Yellowstone Avenue, Laurel, MT Certificate of Survey #826, Tract A Dear Planning Board Members: We live at 403 Badger Square, Laurel, Montana. Our property is adjacent to the property noted above. We understand that the requested zone change would allow for animal units on that property (animals such as chickens, pigs, goats, etc.). We are requesting that the Board deny this zone change. The 4 acres at 904 S. Yellowstone is surrounded by residential lots. We do not want chickens, pigs, goats, etc. next door to our property (basically out our back door) due to the noise, smell, and aesthetics of our neighborhood. We also feel that this zone change will have a negative impact on our property value. We are against this zone change and request that it be denied. Thank you. Sincerely, ,,~ Walter and Marian Murphrey 403 Badger Square Laurel, MT 59044 Laurel City-County Planning Board PO Box 10 Laurel mT 59044 Public He~ng Scheduled for December 2, 2004 on Proposed Zone Change for Certificate of Survey #826, Tract A, address of 904 S. Yellowstone Dear Planning Board Members: We live at 938 S. Yellowstone Ave. Our acre lot is adjoining to the acreage in question. We are requesting the board deny this zone change that as understood would allow for animal units on this property (animal units such as chickens, pigs, goats, etc.) Zahnl hn~ in tile past had roosters and chickens on thi~ property. The hen house is less than 50 feet fi'om our bedroom window. The roosters on this property in the past have crowed around the clock. I did complain about the crowing after having been awaken at 2:00am, 3:00am, 4:00am, etc. Z,~hm currently has a horse on her property, which, none of us take issue with mainly because the weeds in the pasture have taken over and the horse will take care of the fire haT, rd. 'When we purchased our house we were specifically told that we could have horses or cows, however, absolutely NO swine or fowl. After speaking to numerous neighbors this is the way it ka~ been in this area for at least the past 15+ years. We all have to question if this zone cbange is allowed what kind of animals will be brought in, what noises, smells, and aesthetics will be changed and just as important, how will it impact the value of our property. We respectfully request that you please deny this zone change. There would be absolutely no benefit in having swine or fowl allowed on this property. Thank You Sincerer and Karcy Hergeurider 938 S. Yellowstone Ave. Laurel, MT. 59044 NOV 2 3 2004 CITY OF LAUREL City of Laurel P.O. Box 10 Laurel, Montana 59044 EILE APPLICATION FOR PRELIMINARY PLAT APPROVAL 1) Name of Subdivision: Solid Foundations Subdivision 2) Locstion: a) General Description b) General Location C/S 1330 and C/S 477 1,000 feet west of intersection of 8th Avenue and West 4th Street 3) Subdivider. Address: Telephone: Laurel Development Corporation P, O. Box 421; [.aural, MT 59044 406/245-5843 4) Agent: Address: Telephone: Engineering, Inc. 1260 South 32nd Street West; Billings, MT 59102 406/656-5255 5) Description Data: a. Gross area of subdivision in acres: 6.44 b. Number of lots: 24 c. Minimum and maximum lot sizes:6,000 SF rain; 1.86 acres max d. Lineal feet of streets: 732 e. Existing land use: CommemiaWacant f. Existing zoning: Residential Tracts and Highway Commercial g. Intended use or purpose: Residential Development 6) Park requirement payment: a. Land N/A acres or b. Cash 'I-BD dollars 7) Variances requested from terms of the SubdMsion Regulations: None 8) List of materials submitted with this application: Preliminary Plat (24 copies), SIA (24 copies), and Application Fee of $500.00, Environmental Assessment (24 copies), Findings of Fact (24 copies) 9) Engineer: Address: Telephone: Engineering, Inc. 1260 South 32nd Street West; Billings, MT 59102 406/656-5255 10) Attorney: Address: TeJephone: I declare that I am the owner of record and have examined all statements and information contained herein, the bast of my knowledge and belief, it is true and correct. Owner Date P:0:04122_ Prel Plat App (10-29-O4)dml DAVH) BARE 1113 WEST 4TM STREET LAUREL, MT 59044 November 24, 2004 City/County Planning Board/ City of Laurel To Whom It May Concern: We appose the Solid Foundations development projected to be built on West 4th street. Following are the reasons why: 1. The current sewer system is not adequate to support the increase in demand that would be caused by the addition of 10-23 additional houses. The proposed pumps on each of the houses will fill other houses with sewer if there is a blockage between the main on 8t~ Ave. and the numns. 2. The road system on W. 4~ St. is not designed for the increase in t~affi~. 3. In the proposed plans for the Solid Foundation project, there appears to be no safe play area to accommodate the children who will be living in the houses. With one child per house (most likely some will have none, some will have more), there will be an average of 23 children living in the development. With the small 6,000 sq. ft. allotted for each space, it seems that there will not be much space available for safe play for the children. Where then will the children play? On the street or on other peoples land? 4. W. 4th SL is a quiet neighborhood. The environment of our street has been preserved by generations in the past and we are working to preserve it for gener, atious in the future. David's parents.moved here 40+ years ago and rn~sed their 3 boys. We have chosen to live on West 4m Street to raise our 2 children in the quiet country neighborhood. 5. We are accountable to the county Sheriff if a stray dog or human intruder is bothering us or our land. Why then is it that elected & appointed officials of the City of Laurel, which we, living in the county, have no say over, are the ones who are striving to determine the environment that we raise our children in? 6. It certainly appears that there is a definite conflict of interest with the Laurel Development Corporation consisting of City Planning Board members & City Council member, Concerned Citizens, David & Neta Bare L C!TY'0F LAUREL WE THE UNDERSIGNED; DO PETITION THE YELLOWSTONE COUNTY PLANNING BOARD ALONG WITH THE CITY COUNSEL OF LAUREL TO VOTE AGAINST THE SOLID FOUNDATION SUBDIVISION. THE FOLLOWING IS A LIST OF REASONS AND CONCERNS: 1. WE FEEL THERE IS A DEFINITE CONFLICT OF INTEREST SURROUNDING THIS PROTECT. 2. THE EFFECTS OF TInS SUBDIVISION ON THE MUNICIPALITIES WATER AND SEWER SYSTEM COULD HAVE BEEN UNDERESTIMATED. WHAT WILL HAPPEN IF THERE IS A BLOCKAGE BETWEEN THE SUBDIVISION AND 8TM AVENUE? THE PUMPS WILL CONTINUE TO PRESSURE AND TAKE A PATH OF LEAST RESISTANCE AND WILL BACK UP INTO ANY RESIDENCE. 3. STORM WATER RUN OFF IS OF MUcH CONCERN TO THE AREA BECAUSE OF OUR HIGH WATER TABLE, PROPERTIES LOCATED NEXT TO THIS STORM WATER RETENTION AREA HAVE A WATER TABLE DEPTH OF 4 TO 5 FEET ON AN AVERAGE. 4. THERE iS NO EVIDENCE OF ANY PERCOLATION TESTS DONE WITH RESPECT TO THIS PROJECT. 5. THE PLANS SHOW A STORM WATER RETENTION AREA, THIS IS IN THE IMMEDIATE AREA OF SEPTIC DRAIN FIELDS WHICH WILL RESULT IN HYDRAULIC MOUNDING OF THE GROUND WATER TABLE AS A RESULT OF THE STORM WATER RETENTION AREA. THIS WILL DECREASE THE SOIL AREA REQUIRED FOR PROPER FILTERING OF SEPTIC SYSTEMS AND RUN OFF WATERS. 6. THE FOUNDATION STREET WILL MINI~Ig~ PROBLEMS OF ROAD EROSION BUT WFIERE THE ROAD STOPS; IT WILL CREATE A GREATER DRAINAGE AND EROSION PROBLEM BECAUSE OF THE EXCESS WATER RUNNING FROM NORTH TO SOUTH WHICH IS TH~ NATURAL DRAINAGE PATH. 7. THE SURROUNDING AREA CONSISTS OF RESIDENTIAL ACREAGES; SOME WITH BUSINESSES WHICH ARE AN AVERAGE OF 2 TO 5 ACRES. THE SIZE OF THE PROPOSED LOTS AND HOMES WILL NOT BLEND WITH THE SURROUNDING AREA AT ALL. 8. WE FEEL THIS IS NOT THE AREA FOR THIS TYPE OF SUBDIVISION 9. THE LOCAL AREA IS CONCERNED ABOUT THE INCREASE OF TRAFFIC ON 4TM STREET. 11 12. 19. 20. 21. WE ~ UNDERSIGNED; DO PETIT/ON THE YELLOWSTONE COUNTY PLANNING BOARD ALONG WITH TI-~ CITY COUNSEL OF LAUREL TO VOTE AGAINST THE SOLID FOUNDATION SUBDMSION. THE FOLLOWING IS A LIST OF REASONS AND CONCERNS: 1. 'NE FEEL TI-IERE IS A DEFINITE CONFLICT OF INTEREST SURROUNDING THIS PROJECT. 2. TFfE EFFECTS OF TI-US SUBDIVISION ON THE MUNICIPALITIES WATER AND SEWER SYSTEM COULD HAVE BEEN UNDERESTIMATED. WHAT WILL HAPPEN IF THERE IS A BLOCKAGE BETWEEN THE SUBDIVISION AND 8TM AVENUE? THE PUMPS WILL CONTIZ~JE TO PRESSURE AND TAKE A PATH OF LEAST RESISTANCE AND WILL BACK LIp INTO ANY RESIDENCE. 3. STORM WATER RUN OFF 1S OF MUcH CONCERN TO THE AREA BECAUSE OF OUR HIGH WATER TABLE, PROPERTIES LOCATED NEXT TO THIS STORM WATER RETENTION AREA HAVE A WATER TABLE DEPTH OF 4 TO 5 FEET ON AN AVERAGE. 4. THERE IS NO EVIDENCE OF ANY PERCOLATION TESTS DONE WITH RESPECT TO THIS PROJECT. 5. THE PLANS SHOW A STORM WATER RETENTION AREA, THIS IS IN THE IMMEDIATE AREA OF SEPTIC DRAIN FIELDS WHICH WILL RESULT IN HYDRAULIC MOUNDING OF THE GROUND WATER TABLE AS A RESULT OF THE STORM WATER RETENTION AREA. THIS WILL DECREASE THE SOIL AREA REQUIRED FOR PROPER FILTERING OF SEPTIC SYSTEMS AND RUN OFF WATERS. 6. THE FOUNDATION STREET WILL M1NIMIZE PROBLEMS OF ROAD EROSION BUT WHERE THE ROAD STOPS; IT WILL CREATE A GREATER DRAINAGE AND EROSION PROBLEM BECAUSE OF THE EXCESS WATER RLrNNING FROM NORTH TO SOUTH WHICH IS THE NATURAL DRAINAGE PATH. 7. THE SURROUNDING AREA CONSISTS OF RESIDENTIAL ACREAGES; SOME WITH BUSINESSES WHICH ARE AN AVERAGE OF 2 TO 5 ACRES. THE SIZE OF THE PROPOSED LOTS AND HOMES WILL NOT BLEND WITH THE SURROUNDING AREA AT ALL. 8. WE FEEL THIS IS NOT TFIE AREA FOR THIS TYPE OF SUBDIVISION 9. THE LOCAL AREA IS CONCERNED ABOUT THE INCREASE OF TRAFFIC ON 4TM STREET. NAM~ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. WE THE UNDERSIGNED; DO PETITION THE YELLOWSTONE COUNTY PLANNING BOARD ALONG WITH THE CITY COUNSEL OF LAUREL TO VOTE AGAINST THE SOLID FOUNDATION SUBDMSION. THE FOLLOWING IS A LIST OF REASONS AND CONCERNS: 1. WE FEEL TFIERE IS A DEFI2qITE CONFLICT OF INTEREST SURROUNDING THIS PROJECT. 2. TI-~ EFFECTS OF THXS SUBDIVISION ON THE MUN~CIPALITTES WATER AND SEWER SYSTEM COULD HAVE BEEN IJNDERESTIMATED. WHAT WILL HAPPEN IF THERE IS A BLOCKAGE BETWEEN TI-~ SUBDIVISION AND 8TM AVENUE? THE PUM~S WILL CONTINUE TO PRESSUlt. E AND TAKE A PATH OF LEAST RESISTANCE AND WILL BACK UP INTO ANY RESIDENCE. 3. STORM WATER RUN OFF 1S OF MUcH CONCERN TO THE AREA BECAUSE OF OUR HIGH WATER TABLE, PROPERTIES LOCATED NEXT TO THIS STORM WATER RETENTION AREA HAVE A WATER TABLE DEPTH OF 4 TO $ FEET ON AN AVERAGE. 4. THERE IS NO EVIDENCE OF ANY PERCOLATION TESTS DONE WITH RESPECT TO THIS PROJECT. $. THE PLANS SHOW A STORM WATER RETENTION AREA, THIS IS 1N THE IMMEDIATE AREA OF SEPTIC DRAIN FIELDS WHICH WILL RESULT IN HYDRAULIC MOUNDING OF THE GROUND WATER TABLE AS A RESULT OF THE STORM WATER RETENTION AREA. THIS WILL DECREASE THE SOIL AREA REQUIRED FOR PROPER FILTERING OF SEPTIC SYSTEMS AND RUN OFF WATERS. 6. THE FOUNDATION STREET WILL MINIMIZE PROBLEMS OF ROAD EROSION BUT WHERE THE ROAD STOPS; IT ~ViLL CREATE A GREATER DRAINAGE AND EROSION PROBLEM BECAUSE OF THE EXCESS WATER RUNNING FROM NORTH TO SOUTH WHICH IS THE NATURAL DRAINAGE PATH. 7. THE SURROUNDING AREA CONSISTS OF RESIDENTIAL ACREAGES; SOME WITH BUSINESSES WHICH ARE AN AVERAGE OF 2 TO 5 ACRES. THE SIZE OF THE PROPOSED LOTS AND HOMES WILL NOT BLEND WITH THE SURROUNDING AREA AT ALL. 8. WE FEEL THIS IS NOT ~ AREA FOR THIS TYPE OF SUBDIVISION 9. THE LOCAL AREA IS CONCERNED ABOUT THE INCREASE OF TRAFFIC ON 4TM STREET. 10. II. 12. 13, 14. 15. 16. 17. 18. 19. 20. 21. WE THE UNDERSIGNED; DO PETITION TI-IE YELLOWSTONE COUNTY PLANNING BOARD ALONG WITH THE CITY COUNSEL OF LAUREL TO VOTE AGAINST THE SOLID FOUNDATION SUBDMSION. THE FOLLOWING IS A LIST OF REASONS AND CONCERNS: 1. WE FEEL THERE IS A DEFINITE CONFLICT OF INTEREST SURROUNDING THIS PROJECT. 2. THE EFFECTS OF TI-IlS SUBDIVISION ON THE MUNICIPALITIES WATER AND SEWER SYSTEM COULD HAVE BEEN- UNDERESTIMATED. WHAT WILL HAPPEN IF TI-IERE IS A BLOCKAGE BETWEEN THE SUBDIVISION AND 8TM AVENUE? THE PUMPS WILL CONTINUE TO PRESSURE AND TAKE A PATH OF LEAST RESISTANCE AND WILL BACK UP INTO ANY RESIDENCE. 3. STORM WATER RUN OFF IS OF MUcH CONCERN TO THE AREA BECAUSE OF OUR HIGH WATER TABLE, PROPERTIES LOCATED NEXT TO THIS STORM WATER RETENTION AREA HAVE A WATER TABLE DEPTH OF 4 TO 5 PEET ON AN AVERAGE. 4. TI-IERE tS NO EVIDENCE OF ANY PERCOLATION TESTS DONE WITH RESPECT TO THIS PROJECT. 5. TI-IE PLANS SHOW A STORM WATER RETENTION AREA, THIS IS IN THE IMMEDIATE AREA OF SEPTIC DRAIN FIELDS WHICH WILL RESULT IN HYDRAULIC MOUNDING OF THE GROUND WATER TABLE AS A RESULT OF THE STORM WATER RETENTION AREA. THIS WILL DECREASE THE SOIL AREA REQUIRED FOP, PROPER FILTERING OF SEPTIC SYSTEMS AND PUN OFF WATERS. 6. THE FOUNDATION STREET WILL MINIMIZE PROBLEMS OF ROAD EROSION BUT WHERE THE ROAD STOPS; IT WILL CREATE A GREATER DRAINAGE AND EROSION PROBLEM BECAUSE OF THE EXCESS WATER P, LrNVNING FROM NORTH TO SOUTH WHICH IS THE NATURAL DRAINAGE PATH. 7. THE SURROLrNDING AREA CONSISTS OF RESIDENTIAL ACREAGES; SOME WITH BUSINESSES WHICH ARE AN AVERAGE OF 2 TO 5 ACRES. THE SIZE OF THE PROPOSED LOTS AND HOMES WILL NOT BLEND WITH THE SURROUNDING AREA AT ALL. 8. WE FEEL THIS IS NOT TIlE AREA FOP, THIS TYPE OF SUBDIVISION 9. THE LOCAL AREA IS CONCERNED ABOUT THE INCREASE OF TRAFFIC ON 4TM STREET. 11. 12. 13. 14. 15. 16. 17. 18, 19. 20. 21. WE TIlE UNDERSIGNED; DO PETITION THE YELLOWSTONE COUNTY PLANNING BOARD ALONG WITH THE CITY COUNSEL OF LAUREL TO VOTE AGAINST THE SOLID FOUNDATION SUBDMSION. THE FOLLOWING IS A LIST OF REASONS AND CONCERNS: l. WE FEEL THERE IS A DEFINITE CONFLICT OF INTEREST SURROUNDING THIS PRO~ECT. 2. THE EFFECTS OF THIS SUBDIVISION ON THE MUNICIPALITIES WATER AND SEWER SYSTEM COULD F_AVE BEEN UNDERESTIMATED. WHAT WILL HAPPEN IF TI-IERE IS A BLOCKAGE BETWEEN THE SUBDIVISION AND 8TM AVENUE? THE PUMPS WILL CONTINUE TO PRESSURE AND TAKE A PATH OF LEAST RESISTANCE AND WILL BACK UP INTO ANY RESIDENCE. 3. STORM WATER RUN OFF IS OF MUcH CONCERN TO THE AREA BECAUSE OF OUR H1GH WATER TABLE, PROPERTIES LOCATED NEXT TO THIS STORM WATER RETENTION AREA HAVE A WATER TABLE DEPTH OF 4 TO 5 FEET ON AN AVERAGE. 4. THERE IS NO EVIDENCE OF ANY PERCOLATION TESTS DONE WITH RESPECT TO THIS PROJECT. 5. THE PLANS SHOW A STORM WATEK RETENTION AREA, THIS 1S IN THE IMMEDIATE AREA OF SEPTIC DRAIN FIELDS WHICH WILL RESULT IN HYDRAULIC MOUMDING OF THE GROUND WATER TABLE AS A RESULT OF THE STORM WATER RETENTION AREA. TI-~S WILL DECREASE THE SOIL AREA REQUIRED FOR PROPER FILTERR,IG OF SEPTIC SYSTEMS ~ RUN OFF WATERS. 6. THE FOUNDATION STREET WILL ~E PROBLEMS OF ROAD EROSION BUT WHERE THE ROAD STOPS; IT WILL CREATE A GREATER DRAINAGE A2qD EROSION PROBLEM BECAUSE OF THE EXCESS WATER RUNNING FROM NORTH TO SOUTH WHICI-I IS THE NATURAL DRAINAGE PATH. 7. THE SURROUNDING AREA CONSISTS OF RESIDENTIAL ACREAGES; SOME WITH BUSINESSES WI-l/CH g,3RE AN AVERAGE OF 2 TO 5 ACRES. THE SIZE OF THE PROPOSED LOTS AND HOMES WILL NOT BLEND WITH THE SURROUNDING AREA AT ALL. 8. WE FEEL THIS IS NOT THE AREA FOR THIS TYPE OF SUBDIVISION 9. ~ LOCAL AREA IS CONCERNED ABOUT THE INCREASE OF TRAFFIC ON 4TM STREET. 10. 11. 12. 13. 14. t5. 16. 17. 18. 19. 20. 21. WE THE UNDERSIGNED; DO PETITION TI-i~ YELLOWSTONE COUNTY PLANNING BOARD ALONG WITH THE CITY COUNSEL OF LAUREL TO VOTE AGAINST THE SOLID FOUNDATION SUBDMSION. THE FOLLOWING IS A LIST OF REASONS AND CONCERNS: 1. WE FEEL THERE IS A DEFINITE CONFLICT OF INTEREST SURROUNDING THIS PROJECT. 2. THE EFFECTS OF THIS SUBDIVISION ON THE MUNICIPALITIES WATER AND SEWER SYSTEM COULD HAVE BEEN UNDERESTIMATED. WHAT WILL HAPPEN IF THERE IS A BLOCKAGE BETWEEN THE SUBDIVISION AND 8TM AVENUE? THE PUMPS WILL CONTINUE TO PRESSURE AND TAKE A PATH OF LEAST RESISTANCE AND WILL BACK UP INTO ANY RESIDENCE. 3. STORM WATER RUN OFF IS OF MUcH CONCERN TO THE AREA BECAUSE OF OUR HIGH WATER TABLE, PROPERTIES LOCATED NEXT TO THIS STORM WATER RETENTION AREA HAVE A WATER TABLE DEPTH OF 4 TO 5 FEET ON AN AVERAGE. 4. THERE IS NO EVIDENCE OF ANY PERCOLATION TESTS DONE WITH RESPECT TO THIS PROJECT. 5. THE PLANS SHOW A STORM WATER RETENTION AREA, THIS IS IN THE IMMEDIATE AREA OF SEPTIC DRAIN FIELDS WHICH WILL RESULT IN HYDRAULIC MOUNDING OF THE GROUND WATER TABLE AS A RESULT OF THE STORM WATER RETENTION AREA. THIS WILL DECREASE THE SOIL AREA REQUIRED FOR PROPER FILTERING OF SEPTIC SYSTEMS AND RUN OFF WATERS. 6. THE FOUNDATION STREET WILL MINIMIZE PROBLEMS OF ROAD EROSION BUT WHERE THE ROAD STOPS; IT WILL CREATE A GREATER DRAINAGE AND EROSION PROBLEM BECAUSE OF THE EXCESS WATER RUNNING FROM NORTH TO SOUTH WHICH IS THE NATURAL DRAINAGE PATH. 7. THE SURROUNDING AREA CONSISTS OF RESIDENTIAL ACREAGES; SOME WITH BUSINESSES WHICH ARE AN AVERAGE OF 2 TO 5 ACRES. THE SIZE OF THE PROPOSED LOTS AND HOMES WILL NOT BLEND WITH THE SURROUNDING AREA AT ALL. 8. WE FEEL THIS IS NOT ~ AREA FOR THIS TYPE OF SUBDIVISION 9. THE LOCAL AREA IS CONCERNED ABOUT THE INCREASE OF TRAFFIC ON 4TM STREET. ADDRESS 9,7' .¸ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. West 4th Street Laurel, Montana 59044 November 17, 2004 Gerald Shay Laurel City-County Planning Board City of Laurel P.O. Box 10 Laurel, Montana 59022 RE: Solid Foundation Subdivision on West 4th S~'eet, Laurel Dear Mr. Shay; The purpose oftkis letter is to protest the proposed subdivision by Solid Foundation on West 4t~ Street in Laurel. One reason we picked this street to live on is because k is a quiet, dead end street, with little traffic. So little, in fact, the neighbor hood kids frequently fide bikes, drive go carts, and ride horses on it. They will not be able to do that if the subdivision goes in. There will be a consmt flow of traffic from the twenty new homes- which will most likely be two car families. We are concerned about our water rights, as we are down stream from the property. We use the water for irrigating our pastures, watering our horses, and maintaining our yard. A ditch may be insignificant to some, but it is a very important feature to the homeowners on this street Most have acreage and animals that depend on it. We live next to this property. We enjoy watching the deer, pheasants, and small animals that live there. On Novembel 1, 2004, a brown "office" trailer was parked right outs'g~e our living room window. Now, we will have to took at it for the next two years! Finally, we feel there is a conflict of interest between Solid Foundation and the City of Laurel. We think that what is best for the City may be overlooked, as the Solid Foundation members profit from the new subdivision. In conclusion, we ask that you STOP the development of the Solid Foundation subdivision on West 4t~ Street. Sincerely, Ty and Cathy Parker November 23, 2004 Laurel City/County Planning Board Laurel, Montana Dear Board Members, Tkis letter of concern is in regards to the housing project offof West 4~ Street. I don't have a problem with the new homes going up as long as it is being annexed into the city of Laurel, bm I do have a concern over the sewer system. Why is this sewer not going down hill to Highway 10 and over to eighth avenue, instead of north (pumped uphill) to West 4~ Street? By pumping into West 4t~ Street you are creating a sewer backup problem for residents west of the project. The small eight inch sewer line is a dead end line at the end of West 4t~ Street. Liabilities and lawsuits are sure to be in the making for you if you choose this system. I also did not see a park on the building plans where kids can play. The neighbors do not want children playing in their fields and pastures and the nearest playground is the West Elementary School grounds. I also do not like the idea of a dead end street where all traffic has to congest back out onto West 4~ Street. Twenty homes means at least twenty vehicles cramming to exit. This project from what I understand is being contracted to outside contractors and I feel the City of Laurel is being unfair to the Local builders in this matter. Was this project up for bids or did the City of Laurel just contract it out to an outsider? Again, please do not pump the sewer into the West 4t~ Street sewer system.