Loading...
HomeMy WebLinkAboutCity/County Planning Board Minutes 07.05.2007DRAFT MINUTES LAUREL-YELLOWSTONE CITY-COUNTY PLANN1NG BOARD JULY 5, 2007 7:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Gerald Shay, Chairman Todd Linder, City Rep. Dan Koch, City Rep. David Oberly, County Rep. Hazel Klein, City Rep. Deb Homing, City Rep. OTHERS PRESENT: Cheryll Lund, Secretary Aura Lindstrand, Planning & Community Services Dept. Blee Subdivision - 74th Street West and Danford Road Aura Lindstrand from Billings Planning and Community Services Department presented a 4~lot minor subdivision located at 7440 Danford Road. All lots will access off of Kirkpatrick Lane. The owner &the subdivision is Juanita Blee. This is a re-submittal of a preliminary plat submitted 2 years ago because the 1 year time frame for final submittal was up. It contains 5.6 acres and is not zoned. The proposed usage is residential with commemiai possibly proposed on the southern 2 lots. There are 2 existing residences on the northern 2 lots. There will not be access off of Danford Road. A Subdivision Improvements Agreement was submitted and will be reviewed. After the Commissioners meeting on July 24 Aura will send a letter listing all of the requirements that were put on the plat. Motion by Todd Lindcr, second by David Obedy to recommend approval of the preliminary plat for Blee Subdivision to the Yellowstone County Commissioners, subject to comments and conditions from Billings Planning & Community Services Department. The motion carried by a vote of 5-0. Public Hearings Chairman Shay stated that the City Attorney requested that the Planning Board not deal with any issues, other than subdivisions, without the assistance of a professional Planner. The City Attorney would like the 2 scheduled public hearings for a zone change and annexation to be put on hold until m°ter a Planner is h/red. Discussion by board. David Obefly gave a brief overview of when the Planner will be hired. At this time there are no interviews that have been set up because the committee is still considering the applications. Interviews probably won't be done until mid-August and it could be as long as fall before a Planner is on board. David stated that he informed the Mayor that the Planning Board has been comfortable making recommendations on applications and that he does not feel that the board has been in a state of panic. The discussion went on about how tabling applications will affect the public and how important it is to have a professional Planner give their opinion on issues that are questioned by the board. Gerald Shay read the City Attomey's opinion on the annexation request for 2005 E. Main Street. The board members were each given copies of the statement along with the numerous issues and concerns brought up by the City staffin regards to the annexation. (attached) Chairman Shay pointed out that the annexation application states that the applicant is required to meet with the Planner prior to filling out the application. Because there is no Planner on staffthat requirement has not been met. The issues that brought up by City staff have not been addressed by the applicant. There could be additional requirements that a Planner would require that other City staff might not be aware of according to state law. Chairman Shay stated that the City Attorney didn't think there would be a problem with not holding the advertised public hearings on both the annexation and zone change requests. Motion by Todd Linder seconded by Deb Homing, that the application for annexation be tabled until a Planner is hired and can review the application. The motion carried by a vote of 5-0. Chairman Shay pointed out that Lanrel Municipal Code requires that zone change application also be reviewed by the City Planner prior to submittal. 2 Motion by David Oberly, second by Deb Homing to table the zone change application for the Zweifel zone change at 2845 Laurel Road South, until a Planner is hired and can review the application. The motion carried by a vote of 4-1 with Todd Linder voting Chairman Shay apologized to the people that showed up for the public hearings and to the applicants. Minutes approval Minutes of the June 7, 2007 meeting were approved as sent out. Moratorium Recommendation Chairman Shay asked the board members to consider recommending a moratorium be placed on all Planning applications, not including the subdivision reviews that are being reviewed by the City of Billings. This request would go to the City Council for action. Todd Linder stated that L.M.C. 17.72.060(A) clearly states that Planning Director report his findings and conclusions on zoning matters to the Planning Board prior to a public hearing. L.M.C. 17.76.030(A) is also clear in the Planning Director's powers and duties on applications that require his review and written report prior to being submitted to the appropriate board or commission. The board would also like to recommend that the City proceed as quickly as possible to hire a qualified Planner. Public Input Doyletta Zweifel asked how long the city had been without a planner. Chairman Shay stated that it's been 2 months. Doyletta stated that it is really not fair to the public to have the City be without a Planner. She wondered how the City could take money for applications that they can't act on. She requested a refund, plus interest. Motion by David Oberly, second by Todd Linder to recommend to the City Council that a moratorium be placed on all planning issues, except for subdivisions, until a full time Planner is hired, as per specifications found in L.M.C. 17.72.060(A) and 17.76.030(A). The board also recommends that refunds be given to both the zone change request from Zweifels and annexation request from Bdt Romain. The motion was carried by a vote of 5-0. Motion by David Oberly, seconded by Hazel Klein to adjourn the meeting. Motion carried by a vote of 5-0. The meeting was adjourned at 7:55 pm. Respectfully submitted, UherylI Lund, Secretary 4 CITY OF LAUREL DEPARTMENT ROUTING SLIP 3. Action Requested: .New Council Resolution .Orctinance Change Policy Adoption Information only New Council Ordinance Revised ResoIution Policy Revision Date In Date Out Depa~ment Initials public Works Dep~,, tuient Publio Utilities Department Fire Department Ambulance Poi_ice Department City Clerk/Treasurer Planning Department City Attorney _C. omillent.~I, City Court - Library Other 5. Mayor: Approve Disapprove Comrm~llt5; Alier Mayor approves, please submit to the Cc, uncl. Secretary ~r prepara ~on of item for Agenda, if applicable. Public Work and Public Utilities Comments on Britt A. Remain Annexation PublicWorks: * Solid Waste Service routing needs to be identified and approved by the Public Works Department. * The property needs to be conforming to the Laurel Municipal Code as per nuisances (weeds, abandon vehicles, debris ..... ) and approved as in compliance by the Public Works Department. · Curb, gutter, sidewalks, and approaches are not addressed and the site plan. · Abandoned underground fuel tanks, if any, need to be identified and addressed. · Paved off street parking needs to be identified and addressed per Laurel Municipal Code. · Any potential dangerous buildings need to be identified and addressed as per city codes. Public Utilities: · The water main location needs to be identified and sized and engineered as per the Uniform Plumbing Code, Montana Public Works Standard Specifications, and City of Laurel Specifications. · Water service lines need to be identified and in compliance with City of Laurel Specifications. · The sewer main service line system from the property to the city main needs to be engineered and approved by the Public Utilities Department. · Site storm water retention needs to be addressed. i JUL - 2 2007 CITY OF LAUREL Fire Department Comments on Britt A. Romain Annexation Ail structures shall comply with Uniform Fire Codes. Water for fire department shall be supplied per Annex H, Fire Flow Requirements for Buildings, and Annex I, Fire Hydrant Locations and Distribution, of Uniform Fire Code. JUL - 2 2007 j CITY OF LAUREL CITY ATTORNEY COMMENTS R.E: Britt A. Romain Annexation i reviewed the annexation request as well as the written comments submkt~d by the Public Works and Public Utility Depam~ents. As indicated, tl~ere m-e a vast number or unresolved or addressed issues regarding the property att issue. An additional issue tBr the Ci[y Staff to consider is that thc property appears to be adjacent to possibly two streets and one additional i"umrc street right of way. By statute, if thc City were to annex the prop~ty, the erects and right of way adjacent to the property would also have to be surveyed and annexed. I saw no comments related to this issue which has become quite an expense to the City in light of the survey requirements and famre m aintenance responsibilities. Based upon the large number of unresolved issues, I recommend the landowner be required to negotiate and execute an acceptable annexation agreement prior to the City's consideration of the annexation request. [flhe Plmming. Board deten'nines it will make a recommendation to the City Cmmcil, [ would certainly-hope the recommendation will include the negotiation and execution o fan acceptable annexation agreement resolving all of the Staff's concerns.