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MINUTES
LAUREL CITY-COUNTY PLANNING BOARD
SEPTEMBER 7, 2006 7:00 PM
COUNCIL CHAMBERS
Gerald Shay, Chairman
Bud Johnson, City Rep.
Deb Homing, City Rep.
Hazel Klein, City Rep.
Todd Linder, City Rep.
Clarence Foos, County Rep.
David Oberly, County Rep.
Greg Johnson, County Rep.
Dan Koch, City Rep.
Cal Cumin
Mark Richards
Cheryll Lund
Chairman Shay introduced and welcomed newly appointed board member Deb Homing
and Mark Richards the new City Planner.
The minutes of the July 6, 2006 meeting were approved.
Public Hearing - Special Review - Town and Country - 315 S. First Avenue
Proponents:
Josh Start, with Town and Country Supply, spoke regarding the application.
Town and Country is in the process of purchasing the Cheerio Bar and their liquor
license. They intend to close down the Cheerio and moving the liquor license to 315 S.
First Avenue.
They are hoping to do this because of their desire to build a nice convenience store for
the citizens of Laurel. Economically to do a nice convenience store and gas pttmps they
are proposing to put in a small casino. Their plans include transferring the liquor license
to this convenience store and propose putting in a bar that only sells beer and wine.
Their long term plans include trading the full liquor license for a beer and wine only
liquor license.
The building will be well landscaped and have a log exterior similar to other buildings
located on SE 4th Street. The building will be 3000 square feet with 1000 square feet
devoted to the casino and bar.
Josh passed out a preliminary site plan.
Wes Burley, general manager of Town and Country supply spoke.
He stated that they will be adding more jobs to Laurel with the addition of the casino and
it will be a boost for the economy of Laurel.
Opponents: There were no opponents present.
Chairman Shay read a letter of opposition from Lawrence and Annella Wells from
Centennial, Colorado into the record. They own the Western Drug store property at 209
S. First Avenue in Laurel.
Josh Start from Town and Country responded to some of the concerns voiced in the letter
of opposition.
Town and Country does not plan to have a full liquor bar available to the casino
customers, it will be beer and wine only. Town and Country feels that there would be no
net gain to the community by providing a full alcohol bar. They are willing to sign an
agreement in regards to that, if necessary.
As far as the addition of traffic in the area Josh referred to the traffic signal that is going
to be added to the intersection by the Wal-Mart Corporation.
The public hearing was closed at 7:14 pm by Chairman Shay.
Board discussion:
Todd Linder asked for clarification on whether or not they intend to use the full liquor
license.
Josh stated that they will only sell beer and wine and are hopeful that they can eventually
trade the full liquor license for a beer and wine only license when one becomes available.
Deb Homing asked how they resolve the conflict of serving alcohol and provide gasoline
for vehicles in the same location. She is straggling with that concept.
Josh stated that in Town and Country's perception is that when a full bar is provided then
alcohol consumption is the main focus not necessarily for gaming with beer and wine
being served. Their staff will have the responsibility of providing only so many drinks to
each customer per hour.
Cal stated that this application has been before the Public Works department in regards to
access, parking, landscaping and has been thoroughly gone over by the department. Cal
feels comfortable with the application.
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Cai went on to state that Deb Homing raises a interesting question on alcohol and
gasoline. However liquor licensing is governed through the State of Montana.
Cai recommended approval with an addition of the City Council not holding a second
public hearing.
Motion by David Oberly, second by Bud Johnson, to recommend to the City Council
approval of the special review for Town and Country Supply for 315 South First Avenue
to allow a bar within a casino. Motion carried 8-0.
Public Hearing - Preliminarg Maior Plat and Zone Change - Brookwood
Subdivision
Jeff Heidner from Engineering, Inc. spoke representing Yukon Development
Corporation.
This is a proposed 101 lot subdivision for single family homes that is located off of
Airport Road and Sietz Ronan Road.
Streets will be built to Yellowstone County Standards.
There will be an RSID-M created prior to the filing of the f'mal plat.
The lots will be served by individual water and sewer systems installed within the
subdivision and constructed as approved by the State of Montana Department of
Environmental Quality.
There will be an irrigation system to supply irrigation water to the lots. This system may
be constructed in phases that coincide with the phases of the subdivision. It will consist
of a large pond that will be filled with water from the ditch.
The lure protection system shalI consist of two 15,000 gallon underground water storage
vaults equipped with all necessary devices and appurtenances required to deliver water
from the tank.
The first tank will be installed as part of the Phase 1 improvements and prior to the
occupancy of the first home.
The required parkland dedication is 5.22 acres. The developers have plans for 18.31
acres of parkland with a water feature going down the middle. This will be similar to the
water feature in Pheasant Brook Subdivision located directly to the west.
Stormwater ponds will be used for water detention throughout the subdivision. Road
runoff will be conveyed to those areas and be discharged back off site at a restricted rate.
At this time Bob Anderson from Hydrometrics spoke regarding water issues. Bob is a
Hydrogeologist.
Bob stated that the water wells in Brookwood subdivision are proposed to be used for
domestic use only and not for lawn irrigation.
An average subdivision uses only 10% of its water for domestic use and 90% for
irrigation.
Bob did an extensive evaluation impact study not only for Brookwood subdivision but
also for the surrounding area.
Through the/_r testing they were able to determine that this aquifer can provide large
quantities o£water to all 101 wells in Brookwood Subdivision with relatively little draw
down. This was based on using water wells for domestic use only and not for irrigation.
They then took the tests one step beyond and determined that there would still be plenty
of water available if water was used for both domestic and irrigation.
Bob stated that he will have a written report done within 1 or 2 weeks.
OPPONENTS:
Ken Hannify, 1313 Deerhorn, stated that he is about a mile east of the proposed
Brookwood subdivision. His well brought up sand this spring for the first time in 8 years.
There has been a drought for 8 years. He wonders if there are any plans for recharge
ponds put within the subdivision.
No other opponents spoke.
PROPONENTS:
Rick Leuthold spoke and stated that they do have a recharge system planned for
Brookwood subdivision with water features planned.
Clarence Foos asked how the developers planned to make sure property owners used
their wells only for domestic use and not for irrigation?
Chairman Shay stated that question would be answered during the board's discussion.
Chairman Shay closed the public hearing for the preliminary plat at 7:47 pm.
Chairman Shay opened the Zoning Commission at this time to consider the zone change
for Brookwood Subdivision.
PROPONENTS:
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Jeff Heidner spoke in regards to the zone change request. The south ½ of the subdivision
is withLn Laurel's zoning district, currently zoned agricultural open. They are requesting
the whole subdivision be zoned Residential Tracts.
OPPONENTS: There were no opponents present.
The public hearing was closed at 7:49.
Discussion by board.
Cal read his recommendation into the record (attached) which recommends approval.
Motion by David Oberly, second by Bud Johnson to recommend to the City Council
approval of the Zone Change for Brookwood Subdivision for all of the planned
subdivision both in and out of Laurel's zoning jurisdiction. Motion carried 8-0.
Discussion by Board on the Brookwood Subdivision preliminary plat.
The discussion touched on irrigation water and the ponds, groundwater recharge rate,
added traffic missing information from MDOT, and no written report from the
hydrologist.
Cal read his recommendations into the record (attached).
Can recommended that the board delay their recommendation for 1 month so that the
board can review the (missing) information from MDOT and the hydrologist. This type
of recommendation would have to be done in agreement with the applicant because
statute requires decision by the local governing body within 60 days of application, or
that the applicant request an extension.
The developer, Alan Lees asked the board to consider sending the preliminary plat
application on to the Board of County Commissioners with conditions. He then went on
to say that if the application is tabled for 30 days it would put the project offat least 1
more year.
After a discussion it was decided that the Planning Board would be willing to set up a
special meeting for September 21, 2006 at 7:00 pm to again review the preliminary plat.
Motion by Todd Linder, second by Greg Johnson to table the preliminary plat for
Brookwood Subdivision with the concurrence of the applicant until the special Planning
Board meeting of September 21, 2006. Motion carried by a vote of 7-1.
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Approve Extension of Resolution R05-92 - Cherry Hill Sub., 3ra Filing
Cai recommended that the board recommend the extension of Resolufion R05-92 to the
City Council.
After discussion a motion was made by David Oberly, second by Bud Johnson to
recommend the extension of Resolution R05-92 to the City Council Motion can'ied 8-0.
The meeting was adjourned at 8:45 pm.
Respectfully submitted,
Cheryll Lurid, Secretary
6
CITY HALL
I 1~ W. 1ST ST.
PUB WORKS: 62~-4796
WATER. OFC: 625-743
~ COURT: 628-1964
FAX: 621L2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
P L~d~-N I NG B OA=qD
DEPARTN~ENT
APPLICATION FORM- SPECIAL REVIEW
The undersigned as owner or agent of the following described
property re_quests a Special Review as outline~ in the City Zoning
Ordinance:
Legal Description: Lq [0-]% ~}~ ~ ~3~L~.~ S&~ ~ ~ /[/~ oi
General Description (address): ~]5-~. ~£%~ ~oc~i/ ~T ~Oqq
ATTACH MAP SHOWING DIMENSIONS, ACREAGE AND LOCATION OF TRACT:
Owner of Tract:
Mailing address:
Phone Number: ~%~
Attach site plan:
Time Schedule for development:
Special Review request:
I,understand that the filing fee accompanying this application
is not refundable and that it pays part of the cost in processing.
Also, that all informaEion p~es~ted is true and correct.
Petition No.:'- -- /
Fee paid and date: 7.~ ~
City Of Laurel is an EEO Employer
September 1, 2006
Gerald Shay, Chakman
Laurel - Yellowstone City - COUnty Planning Board
City of Laurel
P.O. Box 10
Laurel, Montana 59044
SEP - 5 2006
CITY OF LAUREL
RE: Notice of Public Hearing, Thursday, September 7, 2006, at 7:00 P.M,, City Hall, Laurel to
review a request for Special Review to allow a bar to be placed withina proposed casino at 315
S. First Avenue, Laurel (Lots 10-13, Blk 4, & Lot 20, Blk 4, Hageman Subdivision, 3~a Filing).
Dear Mr. Shay,
We received notice of the referenced Special Review and may not be able to attend the hearing.
Please submit this letter to the Planning Board at the Special Review to clarify our position as
nearby property owners of the Western Drugstore at 209 S. First Avenue, Laurel. The request to
allow a bar to be placed within a proposed casino should be denied for the following reasons:
1. We realize casinos are allowed by law. However, we oppose proliferation of bars combined
with gambling because we hold that it is harmful to Laurel businesses and property values.
2. The above is with respect not only to nearby businesses and properties, but also to the City as
a whole, since it would be located on what is presently the main entrance Street into Laurel; not
only for local traffic bu~ also for tourism. This Street's appearance affects the entire City.
3. Increased traffic on this Street is inevitable due to the anticipated Wal-Mart store nearby. We
understand congestion already is causing local traffic, particularly homeowners, to seek other
access routes, which is harmful to established Laurel businesses on Main Street and nearby.
4. Examples of how the proliferation of gambling combined with bars and traffic congestion is
harmful to nearby local business may be presently observed along Grand Avenue and 24~ Street
West in Billings. These areas are uninviting and enterprise values have decreased. Established
business districts have an increasingly difficult time competing in th/s environment.
In conclusion, everyone looks to protect their own interests and we are no exception. However
your Planning Board should seek to benefit the Community as a whole. The subject site would
be of far more benefit to the City of Laurel as a small public park (one purpose of property taxes)
with some greenery, rather than as a casino/bar, which would create a surplus of them
Sincerely,
Lawrence D. and Annella F_ Wells
6080 S. Detroit St., Centennial, CO 80121
City of Laurel
P.O. Box 10
Laurel, Montana 59044
APPLICATION FOR PRELIMINARY PLAT APPROVAL (COUNTY PLAT)
1) Name of Subdivision:
2) Location: a)
Brookwood Subdivision
General Description
Uplatted Lands in the NE ¼ of Section 2,
T. 2S., R.24E., northeast of Laurel
3)
4)
Subdivider:
Address:
Telephone:
Agent:
Address:
Telephone:
b)
General Location Southwest of the intersection of Laurel Airport Rd
and Seitz Ronan R~d, east of Pheasant Brook
Yukon Development Corp.
2116 Broadwater Avenue; Billings, MT 59102
406/655-4244
Engineering, Inc.
1300 North Transtech Way; Billings, MT 59102
406/656-5255
5) Description Data:
Gross area of subdivision in acres:
Number of lots:
Minimum and maximum lot sizes:
Lineal feet of streets:
Existing land use:
Existing zoning:
Intended use or purpose:
145.34 acres
101
1.00 acres min., 1.13 acres max.
13,979
Agricultural
Agricultural Open and Outside Zoning Boundary
Residential development
6) Park requirement payment:
a. Land 5.22 acres
b. Cash N/A dollars
7)
6)
Variances requested from terms of the Subdivision Regulations: None requested
List of materials submitted with this application: Application fee of $3,500.00, preliminary plat and
application, Subdivision Improvements Agreement and Waiver, Declaration of Restrictions on
Transfers and Conveyances, Exhibits A and B, Preliminary Stormwater Management Report,
Traffic Accessibility Study, Memo from Hydrometrics, Air Navigation Easement, Environmental
Assessment, and Finding of Fact (24 copies of above documents)
9)
Engineer:
Ad,dress:
Telephone:
Engineering, Inc.
1300 North Transtech Way; Billings, MT 59102
406/656-5255
and~all atta. C~d exhi, J~ an..o.dct~the best of my
10) Attorney:
Address:
Telephone:
I declare that I am the owner of record and have examined ali statements and information contained herein,
knowledge and belief, it is true and correct.
Date
(07/31/06) drnl
clrY HALL '
llSW. 1ST ST.
PUB WORKS: 62g-4796
~ATER OFC: 628-743I
~UR.T: 628-1964
~: 62~-2241
City Of Laurel
P.O. Box lO
Laurel, Montana 59044
APPLICATION FOR~
PLANI~ING B O}~qD
The undersigned as owner or agent of
property requests a Zone Change/Land Use
the City Zoning Ordinance:
From Agricultural Open
To Residential Tracts
the following described
Variance as outlined in
/
Zone
Zone
Legal description of property: NEb of Section 2. T.2S.. R.24E.,
P.M.M., Yellowstone County, Montana
2 o
General location: Southwest of the intersection of Laurel Airport
Road and Seitz Ronan Road; east of Pheasant Brook Subdivision
Proposed use: Residential Tracts~ 1 acre minimum size
4. Owner(s) :
Yukon Development Corp.
(recorded owner)
2116 Broadwater Avenue; Billings, MT 59102
(address)
406/655-4244
(phone number)
5. Agent (s) :
Engineering, Inc.
(name)
1300 North Transtech Way; Billings~ MT 59102
(address)
406/655-5255
(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 palzment for a Zone Change/Land
Use Variance. Also, that all the information presented is true and
correct. PETITIOI~ER _MTJST BE PRESENT AT HEA/IINGS.
PETITION NO.
PETITIONER' S SIGNATURE
Cil'y Of Laurel is an EEO Employer
DATE
CITY OF LAUREL
115 W. Ist
P.O. Box i0
Laurel, Montana 59044
MEMO
SUBJECT:
TO:
FROM:
DATE:
Find/rigs and Conclusions Regarding Zone Change
Request for N~4 of Section 2, T2SR24E, PMM (Half of
Proposed Brookwood Subdivision)
Laurel City-County Planning Board
Cai Cumm, Laurel Planning Director
September 7, 2006
LEGAL COMMENTS
The Laurel Municipal Code (17.72.050 (G)) requires that, 'Whe pl~nnin§ director shall report
findings and conclusions in writing to the rezening commission, which report shall be a matter of
public record."
State code (MCA 76-2-304) requires that local governments take into consideration during
deliberationS on proposed zone changes the ;Purposes of zoning': (1) Such regulations shall be
made in accordance with a comprehensive plan and designed to lessen congestion in the streets;
to secure safety from f~re, 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, mad
other public requirements. (2) Such regulations shall be made with reasonable consideration,
among other things, to the character of the district and its peculiar suitability for particular uses
and with a view to conserving the value of buildings and encoUragang the most appropriate use of
land throughout such mtmicipality.
SPECIFICS OF ZONE CHANGE REQUEST
The applicant has requested a zone change from Agriculture-Open Space to Residential Tracts for
the entire NE quarter of Section 2. It is the quarter section of land lying in the SW quadrant of the
intersection of Seitz Roman Road and Airport Road and located directly east of the Pheasant
Brook Development and north of Montam Meadows.
Tae south half of the site is the only part in the current zoning jurisdiction of the City, and it
zoned Agriculture-Open Space. The north lmlf of the site is outside of our zoning jurisdiction,
but by this apphcation is being requested to be ~oned Residential Tracts also.
Property to the east across Seitz Ronan is farmland as is that land to the north. To the west is
Pheasant Brook and to the south is Montana Meadows--both single-family residential
developments. The site itself is currently in crop production except for the farm owner who has a
complex of farm buildings at the SE comer.
CONSIDERATIONS
In reference to "purposes ofzo~xing:" This proposed project is located on prime agricultural land,
and the Dam-el Growth Management plan discourages subdivision development on such soil.
How the City discourage~ such development is left unclear. This is urban sprawl powered by the
demand for the kind of lots proposed m the Brookwood. The project will impact the adjacent
street system ky adding considerable traffic to that system. The Traffic Accessibility Study
indicates there is no significant impact while indicating there is a line-of-sight issue at the
intersection of US 10 mad Seitz Ronan to the south.
The issues of "fire, panic, and other dangers" are adequately addressed by local emergency
service providem. Adequate light and ak, the overcrowding of the land, and preventing undue
concentrations of population are not relew, mt issues, nor are anticipated impacts on schools, parks,
and other public facilities.
RECOMMENDATION
My biggest concern with rezo~ing this site is that it is prime agricultural and develop is
discouraged by the Growth Management Plan. However, only having the GMP as a la~d use
guide is insufficient to prevent redevelop of property under Ml3~tana statute, unless there is a way
compensating the landowner for his financial loss caused by not being able to sell the land for
development. Accordingly, my recommendation is to approve this zoaing request. The issues of
ground water availability and traffic should be addressed during the subdivision review and
approval process.
2
MEMO
SUBJECT:
TO:
FROM:
DATE:
Preliminary Issues, Brookwood Subdivision Preliminary
Plat
Laurel City-County Planning Board
Cai Cumin, Laurel Planning Director
September 7, 2006
SUBDIVISION LMPROVEMENT AGREEMENT
1. Include concerns of the County Public Works Department.
2. Maintenance of the dry hydrant facility and its access should be included in the RSID for
Maintenance.
The issue of "water shares" under IRRIGATION FACILITIES needs to be resolved.
Delete the notarization of the County Commissioners signatures blo k.
The issue of groundwater recharge needs to be specifically addressed.
ENVIRONMENTAL ASSESSMENT
1. A more detailed analysis of the development of prime agricultural land needs to be
provided to include loss of production and impact on irrigation and ground water.
2. Under Emergency Services the sources of the statements must be included.
OTHER
I. No final decision on approval can be made until we receive the input of the State
Highway Department.
2. Since ground water is an important issue, the Board will need to see and have time to
review the study that was supposed to be done in August.
Provide copies of the completed groundwater analysis for the Board.
Discuss in the report why the groundwater level of wells in Montana Meadows is
sinking.
Show how ground water is going to be recharged by Brookwood.
Put groundwater maintenance system into PMD.
Show how you're going to enforce not using gound water for lawn maintenance.
3. The County Park Board will review and make a recommendation on Brookwood's park
land proposals September I3th.
4. Provide utility easements as requested by utility companies.
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