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HomeMy WebLinkAboutCity/County Planning Board Minutes 07.07.2016 MINUTES LAUREL YELLOWSTONE CITY-COUNTY PLANNING BOARD JULY 7, 2016 10:00 AM COUNCIL CHAMBERS MEMBERS PRESENT: Kathy Siegrist, President Judy Goldsby,Vice President Dan Koch,City Rep. Lee Richardson,County Rep. Hazel Klein,City Rep. OTHERS PRESENT: Noel Eaton, Planner Cheryll Lund, City Secretary CALL TO ORDER: The meeting was called to order at 10:00 am by President Siegrist. ROLL CALL: Members present were Koch,Goldsby, Richardson, Klein and Siegrist. APPROVAL OF MINUTES: A motion to approve the minutes of April 2,2016 and June 2,2016 was made by Judy Goldsby and seconded by Hazel Klein. The motion was carried by a vote of 5—0. NEW BUSINESS: Town and Country Floodplain Variance. President Siegrist read the rules and regulations for holding a public hearing and opened the public hearing at 10:02 am and asked City Planner Noel Eaton to present the application for Town&Country Supply Association. DESCRIPTION/LOCATION: Town&Country Supply Association submitted a variance to allow the property off of East Main Street and 8th Avenue known as Town&Country Supply to allow for the installation and use of Underground Storage Tanks of toxic,flammable, hazardous or explosive material in the flood fringe (LMC 15.70, Floodplain Hazard Management Regulations section 6.2.2,ARM36-15-703(2). STAFF FINDINGS: A. On Wednesday March 16,2016 City of Laurel Floodplain Administrator was informed that the Town and Country Supply Association had started construction work within the floodplain. B. As determined on panel 1420E of 1875 of the Flood Insurance Rate Map of Yellowstone County, Montana and Incorporated Areas,the subject parcel is within Zone AE of the Special Flood Hazard Areas subject to inundation by the 1%annual chance of flood. C. A stop work order was issued by the City of Laurel Building and Planning department as some permits were not approved for construction at the site. D. After meetings held with members from the City of Laurel,Town&Country Supply, KU Engineering,and the Montana Department of Natural Resources it was determined that no floodplain permit applications had been applied for by Town and Country Supply Association. 1 E. Site plan and footings for a fuel canopy had been approved and inspected for compliance in December 2015 by the previous Building Official. F. Montana Department of Environmental Quality permitted the underground storage tanks at the subject parcel in October 2015 and the tanks were then installed (see attached permit). G. As per section 6.2.2 of the Floodplain Hazard Management Regulations,adopted as Laurel Municipal Code 15.70,storage of toxic,flammable, hazardous, or explosive materials are prohibited in the Flood Fringe or Regulated Flood Hazard Area. H. Town and Country Supply Association applied for a floodplain permit and variance on May 13, 2016 for the storage of toxic,flammable, hazardous,or explosive material in underground storage tanks within the flood fringe. I. The United States Environmental protection Agency has an Underground Storage Tank Flood Guide that DEQ follows when permitting UST. J. Design and installation of the tanks meets strict flood proofing requirements set forth by DEQ and the designer and installer certification. The tanks deviate from floodplain development rules but still fits the intent of the rules in that; it's reasonable to expect that no adverse effects will occur from this development during the base flooding event. K. Development use fits the existing land use. L. Consistent with the City of Laurel Floodplain Regulations, public notice was given in the Laurel Outlook,a newspaper of general circulation,on June 9,2016. Letters were mailed out to the adjoining property owners as required by the Floodplain Regulations. One comment was received from adjacent landowner Monna Rae Adickes who lives at 102 8th Ave.#B, Laurel, Montana. M. As per the requirements of LMC 17.72.070,a public hearing on the matter shall be held before the zoning commission before being heard by the Laurel City Council. As per B.of the section, public notice was published in the Laurel Outlook and adjacent property owners were notified by certified mail more than 15 days prior to the public hearing. EVALUATION OF FLOODPLAIN VARIANCE APPLICATION: A Variance shall only be issued upon a determination that the variance is the minimum allowance necessary,considering the flood hazard,to afford relief from these regulations and provided all of the following criteria are met(section 12.4.1 of the Floodplain Hazard Management Regulations): 1. There is good and sufficient cause. Financial hardship is not a good and sufficient cause; 2. Failure to grant the variance would result in an exceptional hardship to the applicant; 3. Residential dwellings including basements and attached garages do not have the lowest floor elevation below the Base Flood Elevation; 4. Any enclosure including a crawl space must meet the requirements of Section 10.2.14.Wet Flood proofing if the enclosure interior grad is at or below the Base Flood Elevation; 5. Granting a variance will not result in increased flood heights to existing buildings,additional threats to public safety,extraordinary public expense,create nuisances,cause fraud on or victimization of the public,or conflict with other existing local laws or ordinances; 6. The proposed use is adequately flood proofed; 7. The variance is the minimum necessary,considering the flood hazard,to afford relief; 8. Reasonable alternative locations are not available; 9. An encroachment that causes an increase to the Base Flood Elevation that is beyond that allowed in these regulations cannot be permitted by a variance but may only be allowed if an Alteration is approved pursuant to Sections 4;and 2 10. All other criteria for a Flood Plain permit besides the specific development standard requested by variance are met. ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION: The Zoning Commission shall review and make determinations on the following chapters and sections of the Laurel Municipal Code(LMC): 1. According to Chapter 17.60.020 of the LMC the Zoning Commission may not recommend granting a land use variance: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; is something more than mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose,and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others;and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. 2. As per LMC 17.72.060 the Zoning Commission shall make a recommendation to the City Council to: 1. Deny the application for amendment to the official map; 2. Grant action on the application for a period not to exceed thirty days; 3. Delay action on the application for a period not to exceed thirty days; 4. Give reasons for the recommendation. STAFF SUGGESTED CONDITIONS: If the Planning Board recommends approval of the land use variance,the following conditions are suggested: 1. Each condition within the Department of Environmental Quality Underground Storage Tank Permit#16-0056 must be met. 2. There will be no increase to the Base Flood Elevation at any point in time. APPLICANT: Josh Starr from Town&Country Supply Association located at 18 8th Avenue in Laurel spoke. He is the Energy Division Manager for Town&Country Supply Association. Josh stated that this has been a bit of a learning experience for Town &Country Supply. They hired an engineer to do a survey and make a recommendation for development of the site. After the engineer's recommendation they went through the standard process of obtaining a permit for underground storage tanks and DEQ issued the permit to them in October 2015. The site plan and 3 footings for a fuel canopy was approved by the previous Building Official and inspected for compliance in December of 2015.So,construction began. On Wednesday March 16,2016 the City of Laurel was informed that Town&Country Supply had started construction work with the floodplain which is not allowed per LMC 15.70 and Floodplain Hazard Management Regulations 6.2.2,ARM36-15-703(2). Town and Country Supply was not aware that the building sight at 18 8th Avenue was within a floodplain. They stopped construction and hired a new engineer, Matt Corcoran of KU Engineering. After meetings held with members from the City of Laurel, Town&Country Supply, KU Engineering and the Montana Department of Natural Resources it was determined that no floodplain permit applications had been applied for by Town and Country Supply. Josh went on to state that they were completely unaware they were within a floodplain as they are a long distance from the Yellowstone River. From what he can determine through research a heavy rain event in 1978 caused ponding issues because of the highway and the floodplain map was revamped with their property becoming a floodplain zone. Josh stated that he felt that miscommunication and change in staffing was the reason they did not know they were in the floodplain. He will make sure this project is done properly. President Siegrist asked if there were any proponents wishing to speak in favor of the project. Leann Hacknee from DEQ spoke. She works in the underground storage tank protection program which was started in 1984 to protect human health in the environment. This includes very strict regulations for installing underground storage tanks and also what kind of underground storage systems that can be installed such as double wall piping verses your single wall piping. Leann went on to say the situation with Town and Country Supply is a concern about float out of the tank and the tank top tightness. She assured the board that Town and Country Supply was assisted with the calculations and all requirements have been met on the tanks. Kurt Brumfield of 719 4th Avenue N in Billings spoke. He is the installation contractor that installed the tanks. He has followed all the requirements of the DEQ and all the tanks were installed properly and safely. He also stated he is a proponent for the project. President Siegrist if there were any other opponents wishing to speak in favor of the project. There were none. OPPONENTS: President Siegrist asked three(3)times if there were any opponents wishing to speak in opposition of the variance. There were none. President Siegrist read a letter of opposition written and submitted by Monna Rae Adickes of 102 8th Ave.#B in Laurel, Montana that was submitted July 6,2016.(See the attached letter) Noel went through the questions in the letter. Number one on the letter was not a question. 4 Number two asked if FEMA has signed off on the permit. Noel stated that there has been a lot of conversation with DNRC and the FEMA DNRC representative have known about Town and Country Associations application since the very beginning. FEMA doesn't sign off on permits but DNRC gave their blessing on the projects. Noel is the only one that signs off on the permits. Number three on the letter asked what other city departments must approve this permit. Noel stated there are no other departments within the city that must sign for the approval of this permit in its present state of construction. Number four on the letter asked if the contractor provided proof of all the proper licenses to operate in the City of Laurel,Yellowstone County,and the state of Montana. Noel stated that Town and Country has a city license. The City of Laurel doesn't handle licensing for Yellowstone County and the State of Montana. Number five on the letter asked if the contractor provided proof of liability insurance naming all insured entities. Noel stated that this is a private contractor doing work for Town and Country Supply and not for the City. Number six on the letter asked about the contractor showing proof of unemployment compensation. Noel stated again that this is a private contractor doing work for Town and Country Supply and not for the city. Number seven on the letter asked if the City needs another gas station and convenience store. Noel stated this is not for her to decide. Number eight on the letter asked if the City has done a traffic study regarding the increase traffic in that area. Noel stated the City is not the one required to do the traffic study. Number 9 on the letter asked if the city plans to install a traffic light as Monna Rae considers it a dangerous intersection already and now more traffic will be added to the area. Noel stated the information from the traffic study will be used to determine that and it is not the city's responsibility to put up a traffic light. It is also located on a state highway and the state will be involved in whether or not a light should be installed. Number 10 on the letter stated that the property owner should be given a $10,000 penalty and be required to put a full page ad in the local paper with an apology for their arrogance. Noel stated that there is no code section within the Laurel Municipal Code schedule of fees and charges for something like this. There is also no requirement that an apology be placed in the paper. Matt Corcoran of KU Engineering spoke. He stated that the variance is only for the filling of the fuel tanks and storage of materials. The questions being asked by Monna Rae Adickes are questions regarding the construction site and a construction permit was approved by the city and purchased by Town and Country Association. They are currently in the process of being issued a permit by the Montana Department of Transportation. Kurt Brumfield,the contractor that installed the tanks,stated that they did have a permit to do so. 5 President closed the public hearing at 10:27 a.m. She asked the board members if they had any questions that needed answered. A motion to approve the variance for Town and Country Association with the staff findings and recommendations was made by Judy Goldsby and seconded by Dan Koch. DISCUSSION: Lee Richardson stated he was surprised that this property was within the floodplain since it is not in close proximity to the river. Noel stated that the floodplain in that area does not cover a large area. Town and Country is looking at old records and are hoping to get the map amended. Josh Starr with Town and Country stated that everyone was surprised that the property is within the floodplain. They have found out that this went back to a storm in 1978 that produced heavy rainfall and snow. Because of the highway being higher and the agricultural development on the north there was a ponding issue because when the water would hit the highway it would stop. Josh went on to say that there have been many changes in the development in the area and more road accesses and they are hoping that the floodplain can be re-evaluated and changed. When they re- developed 8th Avenue they redid the storm drain system and put in a massive storm drain and they redid the culvert that is right next to them. Town and Country hired KU Engineering to re-survey the entire site and floodplain for FEMA to determine the risk of flooding in that area now. President Siegrist asked City Planner Noel Eaton if the board is required to go by the set of criteria from section 12.4.1 of the Floodplain Management Regulations or the seven (7)criteria from LMC 17.60.020. Noel stated that the board should go by the ten(10) Floodplain Management regulations. President Siegrist went over the ten (10)criteria from section 12.4.1 and Noel explained. 1. Town and Country stated that the hardship is that the underground fuel tanks were permitted by DEQ and the site plan and fuel canopy received approval from the City of Laurel prior to a floodplain permit being applied for. 2. Town and Country supply stated that a lot of the work approved by the City of Laurel and installed by the Owner would have to be removed or abandoned. 3. Town and Country stated no residential structures are being proposed. 4. Town and Country stated no crawl spaces are being proposed. 5. Town and Country stated the vessels have been permitted by DEQ and have been anchored to resist uplift and are proven to be water tight. 6. Town and Country stated that the vessels have been permitted by DEQ and have been anchored to resist uplift and are proven to be water tight. 7. Town and Country stated that Yes,all other work associated with the project is an allowed use within the flood fringe. 8. Town and Country stated the tanks have been installed and foundations poured as approved by the City of Laurel. 9. Noel stated there will be no impact to the base flood elevations. 6 10. Noel stated that all other criteria for the flood plain permit besides the specific development standard request by the variance have been met. Dan Koch asked if the tanks will hold all gasoline products and will there be 6 tanks. Josh Starr of Town and Country stated it will be different grades of gasoline and diesel. By DEQ standards the tank equals 6 tank compartments. At this time the board voted on the motion to approve the variance for Town and Country. The motion carried 4—1. Hazel Klein asked if there could be a follow up letter sent to Monna Rae Adickes regarding her questions and comments. Noel stated she will send her a letter. REVIEW OF APPLICATION FOR OPEN BOARD MEMBER POSITION: The board reviewed two applications for one board member opening. Jon Klasna of 3900 Yard Office Road, Laurel, Montana has applied for the position of county representative on the planning board. Jon stated he became interested in this board when a subdivision application that was closed to where he lives was submitted. Even though the subdivision was not done he decided he needed to get educated on what planning is all about. He is willing to listen to complaints by opponents or proponents and abide by the rules as best he can. This will be a learning process for him. Ron Benner of 1408 E. Maryland Avenue, Laurel, Montana has applied for the position of county represent on the planning board. He was not able to attend the meeting. Ron is the owner of Southern Montana Optometric Center located in Laurel. He has 20 plus years dealing with national,state and local association duties. He has been active with both his subdivision road maintenance and has been on the Nutting Drain board for 20 plus years. He has seen the board struggle through repeated requests for zoning changes and development approvals without the workings of a full board membership and without consideration of infrastructure needs such as water, sewer and traffic only to leave the community and residents to struggle with the consequences of those decisions. He feels it is time for him to take part in the decision process instead of just the complain process. A motion was made by Judy Goldsby to recommend Jon Klasna for the county representative position. The motion was seconded by Lee Richardson and carried by a vote of 5-0. OLD BUSINESS: Noel stated that Entertainment Park Subdivision is going to final plat. It is a minor subdivision two-lot split. The property is owned by Stephen Diefenderfer and located on E. Railroad Street to the west of the greenhouse. He is splitting the 6 acre lot into two 3 acre lots. 7 MISCELLANEOUS: The next meeting is on Tuesday,August 4,2016 at 10:00 am. There will be a public hearing for a zone change. PUBLIC INPUT: None. The meeting was adjourned at 10:55 am. Respectfully submitted, Che ll L nd Secretary ry 8