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HomeMy WebLinkAboutCity/County Planning Board Minutes 05.21.1998• MINUTES CITY-COVNTY PLANNING BOARD May 21, 1998 7:D0 p.m. Council Chambers MEMBERS PRESENT: Gerald Shay, Member-at-Large Kurt Baltrusch, County Rep. Merrill Watkins, County Rep. Clarence Foos, County Rep. Bob Dantic, City Rep. Charles Fischer, City Rep. Ed Thurner, City Rep. John Smith, Chairman (arrived 8:45 pm) OTHERS PRESENT: Cal Cumin, City Planner Cheryll Lund, City Secretary The minutes from the April 9, 1998 meeting were approved as submitted. Motion by Charles Fischer, second by Merrill Watkins, to approve the administrative services bill for May. Motion carried. Home Occut~ation Crystal Farnes of 410 Cedar Avenue has applied for a home occupation to allow her to do cake decorating and a catering service out of her home. There will be no traffic, customers, or signs at her home. She will deliver her cakes and the catering services will also be off-site. Cal recommends approval. Motion by Ed Thurner, second by Sob Dantic, to recommend approval of Crystal Farnes home occupation application at 410 Cedar for cake decorating and catering services. Motion carried. Little Dudes Ranchettea Subdivision Zone Chancre Request The Planning Board was temporarily adjourned and the Zoning Commission was convened to review the zone change application for Little Dudes Ranchette Subdivision. The zoning is currently Suburban Residential with a minimum lot size of 5 acres per single family dwelling. The applicant is requesting a zone change to Residential Tracts which allows a minimum of 1 acre per single family dwelling. Of the 14 properties within the legal 300 feet range there were 11 • letters of protest received, which is 79$. There were also 27 letters of protest received from the neighbors in the general area, 1 all from the Montana Meadows Subdivision. General concerns are • water availability and traffic. Public Hearing - Proponents: Roger Beeter, Realtor, explained that he wishes to divide the now existing 9 lots into 29 lots, which would make the lots an average size of 1.5 acres. The efforts to sell these lots as 5 acre tracts have not been successful. They have been trying to sell the lots for approximately 2 years. He feels that the new proposed homes will add to the value of the homes in Montana Meadows. He realizes that there are quite a few residents in the surrounding Montana Meadows subdivision that are concerned with water, should the zoning change to allow 20 more lots. Roger Perkins from Aquaneering spoke regarding the water in the Little Dudes Ranchettes Subdivision. He is a hydrogeoligist. Although he has not done any formal testing on this specific site he states that based on areas close by he feels there should be plenty of water to service both Montana Meadows and Little Dudes Ranchettes. He gave statistics based on Darcy's law, which is how most calculations are done regarding water. He spoke regarding water flow, depth of wells, recharge area, and speculated as to why some of the people in Montana Meadows are having trouble with their wells going dry. Generally speak Mr. Perkins states that the aquifer serving this area is one of the better ones in Yellowstone County. He feels that there will always be plenty of water for this area, if the recharge remains. If the agriculture goes away in its entirety than the recharge would go away for domestic use. In Mr. Perkins' opinion and based on his statistics there should be plenty of water to support Montana Meadows and the proposed 29 lots in Little Dudes Ranchettes subdivision. Opponents: Stephanie Johnstone of 1447 W. Ramshorn wonders how much it would cost each homeowner to lower their water pumps in order to get water? She also questions the nitrate levels and if the school system in Laurel can handle the impact of new students that the new subdivision will create? John VanAchen of 2606 Pronghorn states he is one of the first • people to build in Montana Meadows. He has seen the water table 2 • gradually lower as the development of homes in Montana Meadows has increased. He lost his first well to sand. He feels there will never be a problem with wells being contaminated in that area due to good percolation. He does not -feel that the development of Montana Meadows contributed to his losing his well to as sand pit. There are sand pits in that area. He has never had to lower his submersible pump. Randy Charles of 2617 Meadow Drive has lived in his home just under 10 years and has seen the water level drop in that time. Since he has been in the subdivision there have been approximately 39 new homes and one business built. He feels that Mr. Beeter should have to live with the 5 acre lots, and if he lowered the price of the lots they would possibly sell. Al Hicks of 2621 S. Ramshorn has been a well driller in the area since 1971 and has drilled approximately 38 wells in the Montana Meadows Subdivision. He has data that he has kept since 1971 regarding all of the water wells he has dug in that area. He gave numerous facts and figures. Cal suggested to Al that he put together a report detailing the data he has obtained and submit it to the Planning Board before the June 11th meeting. Mr. Hicks will do so. • Cal suggested Roger Perkins do the same thing and then we will have a third party do an analysis on the information from both parties. Keith Kerbel of the Department of Natural Resources spoke at great length regarding water availability and recharge. He stated that he is neither an opponent or proponent. His main reason in speaking was to urge the board to review each of these types of applications very carefully, and look to the future as far as water and sewer issues. Lila Carpenter of 1303 Deerhorn Drive is concerned regarding the increased traffic the 29 lots would create. She has seen accidents and heard of many close call accidents in their subdivision. She would like to see a light placed at the intersection of Seitz Ronan and the highway. PROPONENTS REBUTTAL: Mr. Beeter states that according to the information and statistics he has received from Roger Perkins there is 10 times more water than the amount they would ever need for the 2 subdivisions. He wonders if maybe it's a problem with how folks are trying to get the water and not the amount of water available. Mr. Beeter states that as much as he appreciated Mr. Kerbel from the Department of Natural Resources enlightening everyone on recharge he points out that this subdivision will not be removing 3 any recharge area. . Mr. Perkins reminds everyone that Little Dudes Ranchettes is down grade from Montana Meadows. He also feels that the problems people are having in the Montana Meadows Subdivision, in regards to water, are not regional problems but problems caused by poor construction of the wells. He also states that the problem with recharge is not a problem today at this location. The public hearing was closed at 8:30 p.m. Cal recommends tabling this zone change and in the interim getting written reports regarding the water issue. The board is getting conflicting information, and a third party will review the reports from Mr. Hicks and Mr. Perkins. Motion by Charlie Fischer, second by Merrill Watkins, to table this zone change on Little Dudes Ranchettes until the June 1998 meeting. Motion carried. Kurt Baltrusch is interested in getting as list of the original concerns when this subdivision was divided into the 5 acre lots. The Zoning Commission was closed and the Planning Board was • reconvened. Public Hearing: Little Dudes Ranchettes Preliminary Plat Proponents spoke regarding the preliminary platting of Little Dudes Ranchettes. Cal stated that this plat will not move forward without the zone change. Cal will send him a letter regarding this preliminary plat as to some of the items he doesn't have on the plat. He would like to see a traffic analysis done on this due to the concern that has been addressed from the neighbors. Motion by Merrill Watkins, second by Bob Dantic, to table this preliminary plat until the zone change request has been decided. Mountain View Estates Preliminarv Plat Dan McGee spoke regarding this preliminary plat. This is a return from the April 9, 1998 meeting in which this plat was discussed. Since the last meeting there were 8 items that were taken care. (see attached letter) 4 • The developers have entered into a "Development Agreement - Roads and Easements" with Richard Fritzler regarding access to Mr. Fritzler's parcel to the south. The access road has been constructed at this time. The preliminary Plat has been revised to show a road {Mountain View Court) which provides access to the NE corner of Mr. Kenneth Mize's parcel (Lot 1 of this subdivision). Lot 2 has been moved north of "Mountain View Court". There will be another preliminary plat submitted at a later date that will be only Mr. Fritzler's lot. There is still a dispute over the preliminary plat, in regards to Mr. Ken Mize's easement. Mr. Mize will not sign off on the plat if the dispute is not reconciled. Dan read the letter from the County Public Works department. (see attached). Discussion on roads. Cal reminded everyone that if Mr. Mize is not satisfied regarding the roads than he does not have to sign off on the plat and it will not be filed with the County. Opponents: Mr. Dick Fritzler was present in opposition. He feels that at the last meeting it was said that this preliminary plat should not come back to the board before the road situation was taken care of. It was stated by Merrill Watkins that it was only the easement that was to be straightened out, not the road. His argument against this preliminary plat is that the road has not been built to specifications or inspected by the county. That road was to be constructed by May 1, 1998. It has not been constructed and there is a $200 per day penalty which by May 22, 1998 amounts to $4400 that Mr. Graham owes Mr. Fritzler. He feels that this preliminary plat should be tabled again. Public hearing was closed. Cal recommends that this preliminary plat be approved subject to 2 items: 1) That the Air Navigation Easements need to be signed for each lot with legal descriptions; and, 2) that the items in the letter from the Public Works Department be addressed. Motion by Merrill Watkins, second by John Smith, that this preliminary plat be recommended approved. Motion carried with 1 "NO" vote. C~ J 5 Plan Review Fees Motion by John Smith, second by recommend to the Laurel City Council fees, as attached. Motion carried. Off-Street Parkins Charlie Fischer, that the the amended Planning Review Motion by Charlie Fischer, second by Kurt Baltrusch, that the Planning Board recommends to the Laurel City Council the following, regarding Off-Street Parking: 1. Propose Laurel adopt the Unified Zoning Regulations used by Billings and the Billings/Yellowstone County Planning Jurisdictional Area as a general guideline. 2. Propose that as an interim measure so as not to impede on-going and future developments, this Board make the following recommendatory motion to the City Council: The Laurel City-County Planning Board is reviewing Laurel's Off- Street Requirements. This is a process that will take approximately six to twelve months. Generally, the Board is looking at recommending to the City Council the adoption of requirements similar to those delineated in the Unified zoning Regulations used by Billings and the Billings- Yellowstone County Planning Jurisdictional Area. However, there are unique areas of off-street parking requirements such as in Laurel's Central Business District that will require considerable time and effort to address properly. It is the recommendation of this Board that, while complete consideration of the off-street parking requirements is being made, the Laurel Public Works Director or his designated representative be allowed to approve off-street parking provisions for new developments in the Laurel zoning jurisdictional area that are in general compliance with the Unified Zoning Regulations being considered. 3. Propose that the Central Business District (CBD) zone be looked at as a separate study. That this district be the focus of the first Comprehensive Plan update activity and focus on: building coverage for each lot vacant areas access: streets and alleys second and additional story inventory land use inventory agreements be established for utilizing private spaces for public parking CSI • establishment of a CBD Business Owners' Planning Coordination Group establishment of a business district parking authority establishment of a Business Improvement District Community Hoge Fence Requirement The Laurel City Council has been asked to consider dropping the fencing requirement that the Planning Board placed on Community Hope when reviewing the special review request a few years ago. Since that time they have taken some of the equipment they stored outside and placed them inside. So now Community Hope feels like they do not need to put the fence up, as previously planned. Discussion. Motion by Kurt Baltrusch, second by Clarence Foos, to do a mailing to all neighbors within 300 feet of Community Hope and invite them to the June 11th meeting to give their input in this matter. Motion carried with 1 "NO" vote. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Cheryll Lund, Secretary 7 9 TT ~~, ~• ~~~ • CITY OF LAUREL HOME OCCUPATION REQUEST FORM Description of desired home 1. Will any person other than a member of the immediate family occupying the dwelling be employed (except for domestic help)? ~ O 2. Will any stock in trade be displayed or sold upon premises? N.O 3. Will the chazacter of the principal building be altered from that of a dwelling?~ 4. Will any illuminated signs be used? (City Ordinance dictates that no sign other than one giving the name and occupation and not more than one square foot in area be 5. Will more than 25 the planned home occupation?. the area of one story of the building be devoted to 6. Will any equipment be used in the home o~~cQQupation which creates noise, vibration, glare, fumes, odors, or electrical interference? I~10 7. Will any equipment or process be used which creates visual or audible interference in any radio or television receivers offthe premises? ~fl 8. Completely fill out the attached form listing the names, addresses, and telephone numbers of all residents Hving on property within one hundred (100) feet of your ro e line. This includes property across the street or alley from your property. Include on the list all the information requested including property resident's signature indicating the resident understands this request and an indication of support or opposition to this home occupation. If this information is inaccurate or incomplete, it is grounds for denial of this request. 9. A fee of $25, to cover the cost of administration, must accompany this application before it will be accepted for processing. Answer the following questions with a yes or no; explain any `yes' answers: C F,~i . ,+~ c. • ~~____ T..1....1....... C1....~f.rro Cnnnnrt/rlnnnce rnnLea vama nu~~=~~ .~.~ „~„~ ~, - 1. Fa. 5 0 X ~~ ~t1o'o 3 L-a ~"eJnC 2 ~ ~ ~s L;fL~a.l' JC - 00 5. ~ 6. 7. ~ Gt/Ct~ ~ - ga s. v w as-~5}~ 9. y67 G~ce~ tee, n -a ~ 10. ~bi sof~~~ ~ . 11. 4~oa C~.Pd'~fG G 6 ~ 1~~/ ~~~t/ 12. // ~j~ 13.1/ `~2v C.~~62a~~yG<tukE~, IV~IT 14. 15. 16. 17. 18. 19. 20. (Add more lines and pages if needed.} C33FLnac • ~~ MCGEE AND COMPANY • May 14, 1997 Cal Cumin, Planner 907 Avenue B Billings, MT 59102 DANIEL W. McGEE, P.L.S. PROFEBSIONAL LAND SURVEYOR OEOLOGISTILAND PLANNER 1925 PINYON DRIVE LAUREL, MONTANA 59044 (406) 828-7703 RE: Mountain View Estates Subdivision, Laurel, MT, Bob Graham and Hill White, owners Dear Cal: During the April 9, 1998 planning board meeting, you stated that you would be sending out a letter to the owners listing the additional items needed to continue the review of the minor subdivision. As of this date, neither I nor the developers have received such a letter. All items listed in your November 28, 1998 letter have been addressed and completed at this time. At the request of Mr. Mize, in order to accommodate entry onto his lot from the east, without the construction of a lengthy portion of road to the west, we have rearranged the north lot to allow for a road to the NE corner of his parcel. Revised copies of the subdivision, together with copies of all the edited documents, are .being forwarded to your office on May 15, 1998. The owners wish to continue the review of the subdivision at the May 21, 1998 board meeting. Therefore, I have asked Cheryl to place the proposal on the agenda. Please let me know what other conditions you will require at your earliest convenience. Please call if you have any questions regarding the above. Sincerely yours, ~y c: City Hall file:SUe-910 LAND SURVEYING • GEOLOGY • UNDPUNNING LADREL CITY-COIINTY PLANNING BOARD MEETING . MAY al, 1998 MOIIfT!'AIN VIfiW ESTATES SIIBDIVISION prepared by: McGee and Company, Inc., Laurel, MT A. Issues from November 28, 1997 letter by Cal Cumin 1. the utility easement requested by MDU is now located in Mountain View Court i. 2. the findings of fact as re-submitted include data on taxes as requested / 3. the easement language per the Clerk and Recorder will be shown on the final plat( 4. concerns regarding the access onto Valley Drive and regarding the standards of the private roads in the subdivision are addressed in a letter dated April 20, 1998 to Cal Cumin by the Public Works department. ~a hrtc ~n~> 5. contour lines are shown as requested / 6. the Public Works department has informed us they will assign street addresses at the time of final plat. 7. the revised preliminary plat references the residential zonings 8. a "Perpetual Air Navigation Easement" has been executed by the developers; copies • are attached / B. The developers have entered into a "Development Agreement - Roads and Easements" with Richard L. Fritzler regarding access to Mr. Fritzler's parcel to the south. The access road has been constructed at this time. C. The Preliminary Plat has been revised to show a road ("Mountain View Court") which provides access to the NE comer of Mr. Kenneth Mize's parcel (Lot 1 of this subdivision). Lot 2 has been moved north of "Mountain View Court" i OS/1B/88 lO:JU F91 254 7846 .., r ~~. i~ ~E'I:GCfLI~ ~4/LP ~CfCG~L~ PUBLIC WORHS DEPARTMEtJT Phone (406) 256.2735 PO Bo:35024 Fax (406) 256.2736 Billings, bt7' SB307-5024 Apri120, 1998 Mr. Cal Cumin City of Laurel P.O. Box 10 Laurel, MT 59044 RE: PRELIMINARY PLAT OF MOUNTAIN VIEW ESTATES SUBDIVISION Dear Mr. Cumin_ In light of all the confusion regarding the Mountain View Estates preliminary plat, this letter is being sent to clarify the issues. These issues must be resolved before final plat approval. ACCES5 As a condition of any subdivision all lots must have legal and physical access. The preliminary plat as submitted on Apri16, 1998 shows the main access to Valley Drive ends at the north section line of Section 5. This leads one to believe that this property does not have legal access to Valley Drive. This discrepancy was noted in the letter sent to Cal Cumin dated Apri18, 1998 (see attachment). An inspection of this area conducted on April 17, 1998 shows that in fact there does appeaz to be legal access to Valley Drive. An inspection of the private roads was also conducted on Apri117, 1998. At that time it was noted that the road that provides access to Lots 2, 3, 4 and 5 is not within the easement as shown on the preliminary plat submitted Apri16, 1998. These two problems need to be clarified with a new preliminary plat being drawn that depicts the exact location of the roads and where the easements are. fiJe.• p:lpwJeffruadrUaarellmrvlew.rnlr ..r PRELIMINARY PLAT OF MOUNTAIN VIEW ESTATES SUBDIVISION APRIL 20, 1998 PAGE 2 ROADWAYS 1. The existing private roads must be constructed to Yellowstone County's private road standazds (see attachment). These roads will need to be constructed prior to final plat approval or guaranteed with a bond. The roads will need to pass inspection by the Construction Inspector. 2. The access to Lot 1 needs to have an approved tumazound. If we can be of further assistance or if you have any questions please contact me at 256- 2489. Sincerely, ~~ ~~~~ ~ Craig Marney Civil Engineering Technician ~~ file.• P.'IcwJrp'rlsu&Vaurrlimrolew.tu6 ', PLANNING RI',VIIJW F)CI',S 9Apr98 21 May98 City ofBillings-Yellowstone County Planning Laurel Action Current/Recommended($) Current/Recommended($) Zone Change 330 600 100 250 Special Review 330 600 100 150 Planned Unit Development 660 1200 0 250 Variance 150 (resid) 600 75 100 190 (comm) 600 75 100 Annexation 0 400 100 150 Corridor Zoning Permit 500 600 -- -- Preliminary Plat (major sub) 675 (16.75 900 (22.50 200 500 /lot (greater)) /lot (greater)) Preliminary Plat (minor sub) 250 450 100 250 Final Plat (major sub) 260 (8.50/ 300 (9.80/ lot (greater)) lot (greater)) 0 250 Final Plat (minor) 150 200 0 150 Temporary Use Permit 150 (initial) 100 1.50 100/year (if renewable) Zoning Questions 0 50 (if req's site visit) Home Occupations 25 150. Feesblgs.doc