HomeMy WebLinkAboutCity/County Planning Board Minutes 07.22.1998CITY ~D a
l I5 W. 1ST ST.
PUB WORKS: 628.4796
WATER OFC: 628-7431
COURT: 628-1964
X:628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
July 22, 1998
we., ~L
PLANNING
DEPARTMENT
Dear Council:
Here is the report that Cal wrote regarding the zone change for
Little Dude's Ranchettes. He provided this to the Planning Board
before the board had their public hearing at the May 21, 1998
meeting.
I, in error, did not put it with the May 21, 1998 minutes that were
given to the City Council.
Sincerely,
~ c V
Cheryll Lund
Secretary
•
. _ Ctty Of Lauret is an EEO Employer
Equal Housing Opportunity
MEMO
SUBJECT: Findings and Conclusions Regarding Little Dude
Ranchette Subdivision Zone Change Request
TO:
FROM:
DATE:
LEGAL COMMENTS
Laurel Zoning Commission
Cal Cumin, Laurel Planning Director
May 21, 1998
The Laurel Municipal Code (17.72.050 (G)) requires that, "The planning director shall
report his findings and conclusions in writing to the rezoning commission, which report
shall .be a matter of public record."
State code (MCA 76-2-304) references 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 fire, panic, and other dangers; to promote health and
• the general welfare; to provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; to facilitate the adequate provision of
transportation, water, schools, parks, and other public requirements. (2) Such 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 protest against a proposed zone
change is signed by the owners of 20% or more of the area of the lots immediately
adjacent in the reaz thereof extending 150 feet therefrom or of those directly opposite
thereof extending 150 feet from the street frontage of such opposite lots, such amendment
shall not be come effective except by the favorable vote ofthree-fourths of all the
members of the city council. There is a valid legal protest which will require a super
majority of the City Council of Laurel to approve any zone change.
SPECIFICS OF ZONE CHANGE REQUEST
The applicant has requested a zone change from Residential Suburban, a zone requiring
five-acre minimum tracts of land for single-family residential, to Residential Tracts, a zone
requiring one-acre tracts for single-family residential uses.
•
This land was zoned Residential Suburban as part of Laurel's Zoning Ordinance changes
made in 1995. The Residential Suburban Zone was a new type oflarge-tract zoning and
its creation was in response to this proposed subdivision. Prior to the change to
Residential Suburban, the approximately halfofthe site was zoned RE-20,000 (half-acre
residential zoning) and half was zoned LI (Light Industrial zoning).
The Restrictive Covenants provided with the application for preliminary plat approval of
Little Dude Ranchettes in 1995 specified that no further subdividing of land below the
five-acre proposal would be allowed. (This provision can be changed by a majority of the
home owners in the association that enforces the covenants--which at this time is still the
developer.)
CONSIDERATIONS
Many of the residents of the neighborhood to the immediate west of this site (Montana
Meadows) are concerned about continued availability of ground water in the combined
area with the impact 29 additional homes. At present, this concern has not been addressed
by the applicant. If proof of available ground water cannot be determined, this request for
zoning should be denied, as it is not in the public's interest to degrade the groundwater
availability of an existing neighborhood by allowing denser development to start nearby.
State law also requires this consideration as stated above ("--facilitate the adequate
provision of--water-").
There has been expressed concern from neighbors that the development of Little Dude •
Ranchettes would be with large-tract, expensive homes that would enhance the value of
the existing homes in the neighborhood. The reduction of the tract size coupled with the
probable down-scaling of the expected value of the future housing--and the increased
density, while it may not enhance existing home value, should not adversely affect such
value.
Additional (29) housing will increase traffic in the area, but the transportation network in
place is more than adequate to handle the increase.
Groundwater contamination by 29 more drainfields will have to be addressed by the
developer to the satisfaction of the State Department of Environmental Quality prior to
approval of the resubdivision.
In the future for such sprawling developments, Laurel needs to encourage cluster-type
developments that save open space, conserve land, improve or maintain natural aesthetics,
and lower the cost of required improvements.
2
July 15, 1998
Planning
Roger Beeter having petitioned for a zone designation of
Residential Tracts on the following described property:
SW 1/4 Section 1, T.2.S, R.24E, general
location being the east side of Seitz-Ronan
Road opposite of Montana Meadows.
At a meeting of the Laurel-Yellowstone City-County Planning
Board held on May 21, 1998 and July 9, 1998, and after public
notice and a Public Hearing having been held, the Board states to
the Laurel City Council that the petition for Residential Tracts
zoning be denied; and a legal protest of more than 20% of the
landowners of the area to be changed or adjacent to and on either
side or in front of or in back of the subject property does exist
on this application.
OFFICIAL NOTICE IS HEREBY GIVEN that the Laurel City Council
or City Clerk shall receive protests or objects, if any, in writing
or in person before the Council Meeting up to and including the
City Council meeting date of August 18, 1998, when a public hearing
will be held.
Donald L. Hackmann, City Clerk
Publish Laurel Outlook 2t: 7/29/98 & 8/5/98
July 15, 1998
NOTICE OF PUBLIC HEARING
PLANNING
Ben Sturman and William M. Sturman, having petitioned for a
zone designation of Community Commercial on the following described
property:
A tract of land in the SE'/< SE'/a, of Section 8,
Township 2 South, Range 24 East, M.P.NL;
described as follows: Beginning at a point on the
South Section line of said Section 8, 925% feet West
of the Southeast comer of said Section, thence
North at a right angle thereto, 750 feet; thence West
at right angle thereof 288'/z feet; thence South a
right angle thereto, 750 feet to a point in said
Section line; thence East at right angle thereto,
288'/z feet to the point of beginning, subject to
easement for public highway; excepting from above
described tract a traC of land described as follows:
Beginning at a point 925% feet West of the
Southeast Comer of.. Section 8, Township 2 South,
Range. 24 East, M.P.v1.; thence North 750 feet;
thence West l I8 feet; thence South 750 feet; thence
East 118 feet to the point of beginning, said
accepted tract otherwise described as Survey No.
477, Document 486718, in Yellowstone County,
Montana
At a meeting of the Laurel-Yellowstone City-County Planning
Board Zoning Commission held on July 9, 1998, and after public
notice and a Public Hearing having been held, the Zoning Commission
states to the Laurel City Council that the petition for Community
Commercial Zoning be granted.
OFFICIAL NOTICE IS HEREBY GIVEN that the Laurel City Council
or City Clerk shall receive protests or objections, if any, in
writing or in person before the Council Meeting up to and including
the City Council meeting date of August 18, 1998.
Donald L. Hackmann, City Clerk
Pub. 2t: Laurel Outlook 7/29/98 & 8/5/98