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HomeMy WebLinkAboutCity/County Planning Board Minutes 03.03.2016 Minutes of the City/County Planning Board March 3, 2016 Members Present: Dan Koch, Hazel Klein,Judy Goldsby, Lee Richardson,Greg Nelson and Kathy Siegrist Others Present: Noel Eaton-City Planner,Scott Aspenlieder-Performance Engineering. President Siegrist opened the meeting at 10:07. After a formal rode call President Siegrist introduced the first item of business,approval of minutes.Judy Goldsby move to approve the minutes as submitted and Dan Koch seconded.All members voted aye.The minutes were approved as submitted. President Siegrist introduced items under new business, Public Hearing of River's Edge Industrial Park major preliminary plat. President Siegrist opened the public hearing and first asked staff to introduce the topic. Noel presented the staff report for the River's Edge industrial Park Subdivision that contained plat information,staff findings,conditions of approval,and planning staff recommendation.The staff report is attached. Chairman Siegrist invited the applicant to present the action sought. Scott Aspenlieder agent for the applicant spoke regarding the River's Edge Industrial Park Subdivision. The site is zoned for Highway Commercial development and businesses will be similar to the surrounding Highway Commercial properties and complies with zoning requirements. Floodplain permitting process will take place and has been discussed thoroughly with the Yellowstone County Floodplain Administrator,along with a cursory site review. Chairman Siegrist opened the public comment portion of the public hearing.She presented the procedure for commenting and asked three times for proponents.There were none. Chairman Siegrist asked three times if there were any opponents. 1. Steven Lance, 1442 Lance Lane, neighbor adjacent to the property and the president of the Davis Ditch Company.As a neighbor he has two concerns,the first being the types of businesses that will be going in, he doesn't want any odiferous or late night businesses. He is also concerned about chemical spills.Speaking as the president of the Davis Ditch Company,the developer is proposing two culverts for the proposed road. If the preliminary plat is not approved then they have two culverts in their ditch that they won't know what to do with. 2. Charles Van Siclen,2001 Theil Road,stated he has concerns about the past floodplain issues and how they have been handled since it is outside of Laurel City limits and it sometimes takes weeks for the County floodplain people to address their problems. He is also concerned about the water quality in the area with a shallow aquifer confined within a shale layer. He is concerned that if storm water has to be kept onsite that it might affect the water quality and right now they have great water. He is also concerned about the types of business that will be going in and the hours of operation. He stated that often times people speed along Theil Road at speeds of 50-60mph even with a posted 35mph limit. He has also stated that he is concerned about turning east onto Theil Rd,with the new overpass on highway 212, turning left across traffic is dangerous. He also stated his concern on safety and that this development could attract people that don't live in the area and can see when homeowners are not home.They have had some trouble with crime in the area. He spoke of an example of an individual that had jumped from the bridge into the Yellowstone river with a gun and made it to a property in that area but was never caught.The property is located within the County,therefore Laurel Police don't respond and it often takes longer for County Sheriffs to respond. He is also concerned if elevation within the floodplain is raised any, it will disperse water and downstream neighbors will have to deal with increased water levels. His home has been there for 110 years and he hopes it will be there for another 110 years. 3. Greg Childs,2128 Theil Road. Resident along Theil Road as well as secretary of the Davis Ditch Company. He also has the concern of what types of businesses will be going in there and if they will contaminate the floodplain/flood zone. He is concerned about who is watching what business go in and gave an example of a chrome shop chroming bumpers. Prior to the preliminary plat approval the developer tore up the ditch for the culverts without any contact with the Ditch Company, he has concerns this bulldog approach will be seen in the future with the development. 4. Judy Krum, property owner on Theil Road. Concerned about new business owners coming into the development in five years and if they are held accountable to the same regulations as the previous owners.She also has concerns about the floodplain and traffic from 212 and added traffic to Theil Rd. 5. Terry Krum, lives in Laurel and is a past user of Riverside Park. Questioning if this subdivision has taken into account if Montana State Law protects the shooting ranges and range location. 6. Jaunita Rowland, 1715 Nicholas Lane. Has lived there all her life and is concerned with water levels.She has seen the water half way up home's walls. If it's a year with high water and ditches get plugged up it could flood and affect surrounding neighbors. Kathy asked staff and the applicant if they would respond to the questions asked Noel could respond to the development and types of business questions.There are zoning requirements for each zoning district and a list if allowable, not allowable,and allowable by special review types of development.Any building will have to comply with the zoning requirements. As far as the traffic concerns in that area, Noel stated that the threshold of a traffic study is 500 trips per day for a commercial development;this subdivision does not warrant a traffic study to be done. Noel stated that any development, including the roads,within the floodplain,will need to get a floodplain permit which is reviewed and approved or denied by the Yellowstone County Floodplain Administrator. I comment was made from the public if new owners will be aware they are within the floodplain. Noel stated that with the Subdivision Improvements Agreement,under conditions that run with the land there is language that states lot owners should be aware that portions of the property lie within the floodplain,as depicted on the FEMA maps for this area. Please be advised that special development restrictions may apply within these specified areas.This agreement runs with new owners of the properties. Noel also stated that even new owners that are trying to build within the floodplain have to get their own permits,and there are still restrictions on what can and cannot be within the floodplain. Noel stated that there very strict regulations for floodplain development that go beyond Highway Commercial zoning regulations and any development within the floodplain has to be review by the county floodplain administrator which is Darin Swenson. Noel also mentioned that all floodplain permits can have conditions of approval so if the application is slightly out of what is allowed a condition of approval can be added to the permit in order for the development to be in compliance with the floodplain ordinance. Noel asked of Scott could address questions regarding the ditch that runs through the property. Scott stated that the ditch was overlooked and was a mistake on their part they have talked with Mr. Lance and are trying to rectify the situation and have stopped work.They are waiting for approval with the ditch company.The ditch has been put back to its original form and no work is being done until approval. Noel addressed the questions regarding the shallow aquifer in that all water,septic, and storm water on the site has to be approved by Montana Department of Environmental Quality before anything is done on site. Noel wasn't sure how to address the shooting range in the city park.As far as the direction of the shooting in the park, Noel doesn't feel it was affect the subdivision.She does not think this subdivision will stop the shooting in the park however she doesn't believe it is going to help the fact that there is shooting in a city park.She is not familiar with the Montana State Law addressing that issue. The gentleman that asked the question regarding the Range Facility Siting Act spoke up and mentioned that it has to do with subdivisions coming in and residents complaining but the fact that they came in after the range was in there. Noel asked if Scott Aspenlieder had any idea of the businesses that might be going in and what their hours of work might be. Scott stated that the businesses that could be going in are unknown at this point however all of them will comply with the zoning regulations of Highway Commercial. Another member of the pubic spoke up asking if the Board is familiar with the fact that there is a special zoning district adjacent to this development which is intended to restrict development and make the land an enjoyable recreational area for the public to use. He is concerned that havening this development right up against the special zoning area will have an impact of some sort. Kathy reminded that the gentleman is not at the podium and has already had his chance to speak. Noel stated that the Board is aware however,this site is already zoned for Highway Commercial development. Craig Childs came to the podium again and thanked Scott Aspenlieder for addressing his mistake with the ditch. He also spoke concerning that new owners and renters on the 15 lots should not contaminate the ground water. Kathy closed the public hearing. Kathy asked if there were questions. Greg Nelson has a concern. He stated that Kurt Markegard spoke to them before about lot coverage and how it affects ground water. He stated that if someone covers up what Mother Nature has put in (grass and dirt)with asphalt that storm water will have nowhere to go.What kind of scenario will we put ourselves in if we cover everything up? Kathy stated that we need a motion to continue and then we may move on to a discussion. Hazel Klein moved to approve the River's Edge Industrial Park with the staff report and conditions of approval as well as the concerns addressed today at the podium. Kathy asked if there were any discussion. Kathy stated she has the same concern as Greg mentioned.She has lived in areas where subsequent development with high water tables has resulted in many problems for other property owners.She stated that even with review from MDEQ and the floodplain administrator she still has that concern. Judy asked what the lot coverage restrictions are for this zoning for the addressed concerns.Judy asked if adding a condition of approval can be done. Noel stated that cannot be done. Noel addressed the lot coverage concern.Within the zoning chapter of the LMC there are setback, structure height and lot coverage in percent requirements. Maximum lot coverage in Highway Commercial zones is 75%. As far as highway commercial zones,there will be pavement within the development and the application has the storm water plan attached and accounts for the pavement as well as providing the storm water retention swale and roadside ditches.The development has to keep all storm water on-site. Judy asked if the water that is used on-site will also be going back into the ground. Noel state yes it does it goes to the retention swale. Greg Nelson stated they discussed this the last time the saw this lot that they would be parking vehicles that could be leaking oil into the ground and now with 15 lots that is a sustainable increase in lots.You can try to account for mud and oil that comes off of cars when it rains but you can't catch everything and that he is concerned about the ground water. Hazel Klein mentioned that the letter in the application from DEQ says that"precautions will be taken to prevent spillage".She stated that there is higher governance controlling those on-site improvements related to ground and storm water and everyone has to hope the applicant complies with those regulations.As much concerns as the planning board has about the floodplain,and the contamination of the ground water and storm water, all of these have to comply with DEQ, building codes,etcetera. It comes down to any subdivision,whether residential or commercial,that the applicant has to comply with the governance and codes set forth.While the Planning Board has concerns,this application complies with everything it needs to regarding subdivision requirement s.She stated that with that, there is no reason not to move forward with the next step of approval because the applicant has complied. Kathy Siegrest mentions a piece from the Growth Management Plan regarding development factors within the floodplain that says"Federal programs restrict the construction of residents within the 100 year floodplain unless the structure is properly flood proofed. Intensive development of all kinds should generally be discouraged in the floodplain.Appropriate uses for floodplain include agriculture,forestry, recreation and open space.Storm water runoff causes problems in some areas of Laurel and additional development can be expected to increase potential for flooding and standing water. Furthermore,the pollution of ground water supplies may also occur in drainage areas where oils and other pollutants are washed into water supplies. Means of preventing these problems should be addressed at time of development." Kathy stated that our Growth Management Plan is not a reason for denying applications. Noel stated that all permits have to be granted before any development occurs. Kathy asked if there was any more discussion. Hazel asked if the concerns of the Planning Board and the minutes from today be addressed when the Commissioners review this application. Noel said Yes,all comments will be addressed. Kathy said she would prefer that this subdivision not contain any development north of the ditch that delineates the floodplain. Judy stated that everything that is disposed of on site will eventually go back into the Yellowstone River and everyone downstream will be affected by that. Kathy mentioned the geo-technical report and that it describes the soil structures and how they filter runoff. Kathy asked if there was any more discussion. Kathy also stated that there needs to be an explanation related to the reasoning of the Planning Board's vote. The preliminary plat application of River's Edge Industrial Park and staff report including the findings of fact and proposed conditions of approval with an amendment to include the Flood Hazard Evaluation report was denied a 0-5 vote. Kathy stated the board has voted not to approve the application. Scott Aspenlieder asked if the recommendation came with reasoning. Kathy stated they are not comfortable with the ground water. Kathy did not vote so someone else should give a reason. Judy stated that there is only one river and we have access to it.The first person that comes in and potentially affects that river and that ground for eternity has to be a concern. Greg stated that you can't fix stupid.There is a situation occurring right now where I guy is dumping gasoline into the storm drains and that caused all sorts of problems.All it takes is for one person to do something stupid and it affects a whole community down the river. Ground water is too precious. Scott Aspenlieder stated that the concern he has now is that when this application goes to the commissioners the sole criteria for denying an application of this sort is not within the subdivision application. He still has to permit through the state and DEQ to account for environmental concerns, storm water,ground water and surface water issues. Scott asked that this be documented that they have not met the requirements for subdivision approval and this application warrants denial especially since staff has recommended approval. Kathy stated this Board is just and advisory board and they have had their hand slapped in the past and the commissioners were not happy with the recommendation. Greg Nelson stated that the last time they saw this property there were a lot of concerns and they were hesitant to allow what they did and now the project has expanded. Dan stated the site has gone from 1 lot to 15 lots. "It's our river, it's our fish and we have concerns." Kathy thanked the guests that attended. Old Business There is none. Miscellaneous Kathy asked the next meeting time. Noel stated the next regularly scheduled meeting is April 7th. Noel stated that the Regal Community Park located on East Maryland and Date is a 73 lot development for rent or lease and is asking for three zoning variances. It has been recommended by staff that the zoning variances go to the Planning Board prior to the subdivision application due to the significant amount of change from the zoning code. Dan asked if they have seen this lot before. Noel said Yes,this came through has Moore Subdivision. Hazel asked why this is coming through with the zoning variances if they have approved preliminary plat for the lot before. Noel stated that Moore subdivision contained 41 lots,this is asking for 73 sites. Noel stated that Planning Board state has suggested the zoning variances go through prior to preliminary plat because if the variances are denied,the overall look and intent of the development could be changed based on what LMC allows. Noel stated that if a special meeting were to be held on a Thursday and to get proper notice in on time, it would have to be held on March 31n. Judy said his request has to be addressed. Kathy stated that we cannot discuss the variances or the application at this time since we are not having a public hearing for it today. Hazel asked for staff recommendation if a special meeting is necessary. Noel state Yes we should have the special meeting. Noel stated the special meeting would be Thursday march 31'at 10:00 am (the special meeting was cancelled by the applicant the following day). Next item Noel stated the Airport Affected Area plans are still in the work and she still needs to review them with the county attorney who was out of town for a few days and she has not been able to meet with him yet but would like to get it on next month's agenda. Kathy asked if that was just a plan and not acting on anything yet. Noel stated the whole plan will be an adopted ordinance to the code. Dan asked what the affected aspect of this plan is. Noel stated this is a zoning overlay to possible height structures and zoning requirements around the airport specified into specific zones related to the airport itself. Kathy asked if there was any more miscellaneous. Kathy asked that since Riverside Park has been added to the city limits,do we expand our 4.5 mile planning jurisdiction and 1.5 mile zoning past the park now. Noel stated she is not sure but will check on that question with staff. II Kathy asked if there was any public comment on non-agenda topics. There was a question regarding the subdivision that was reviewed today and when it will go to the county level and if he will be notified. Noel stated adjacent property owners will be notified just like this hearing as well as notices published in the paper. A question for the public was asked about the airport zoning and what that entails. Noel stated that it is a plan submitted by KU and the Airport Authority addressing zoning around the airport and everything will be addressed when it has a public hearing. The individual asked if there is a map. Noel state that once notices are published and it is for certain on next month's agenda, that information will become available to the public for review. Kathy asked if there is no more discussion is there a motion to adjourn. Judy so moved. Hazel seconded the motion. There was a 5-0 vote to adjourn. Meeting was adjourned at 11:21 am.