HomeMy WebLinkAboutCity/County Planning Board Minutes 12.01.2016 MINUTES
LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD
DECEMBER 1,2016 10:00 AM
COUNCIL CHAMBERS
Members present: Kathy Siegrist, President
Dan Koch, City Rep.
Judy Goldsby,County Rep.
Lee Richardson, County Rep.
Ron Benner,County Rep.
Hazel Klein, City Rep.
Others present: Noel Eaton,City Planner
Cheryl) 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, Benner, Klein and Siegrist.
APPROVAL OF MINUTES FROM PREVIOUS MEETING: A motion was made by Dan Koch and seconded
by Judy Goldsby to approve the minutes of the September meeting and the October 6, 2016 meeting.
The motion carried by a vote of 5—0.
NEW BUSINESS: Public Hearing Balzer Fence Height Variance at 13 Washington.
President Siegrist opened the public hearing at 10:03. hearing.
Planner Noel Eaton read her staff report on the variance request for 13 Washington and made a
presentation on the overhead projector to show photos of the requested variance.
DESCRIPTION/LOCATION:
Jason Balzer has submitted an application requesting a variance to exceed maximum fence height.The
property is located at 13 Washington Avenue and is legally described as Laurel Realty Second Sub,S09,
T02 S, R24 E, Block 14, Lot 11, &S2 12.
The property is currently zoned Central Business District.
STAFF FINDINGS:
1. Jason Balzer submitted an application for variance on September 30.The variance is from LMC
17.48.050,titled Fence Heights.A site plan accompanied the application.
2. The applicant is requesting a variance from Laurel Municipal code 17.48.050 to construct a fence
which exceeds the maximum height allowed for front yard setbacks. LMC 17.48.050.C. states
"Fences,walls and hedges up to four(4)feet may be erected or maintained in the required front
yard and side yard adjacent to street setback. Fences,walls and hedges up to six(6)feet may be
erected or maintained in rear yard and side yard not adjacent to street.
3. The applicant already has a six(6)foot fence in the side yard adjacent to the alley.
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4. The application is proposing a six(6)foot solid fence from the front of the dwelling to the
sidewalk along the south side of the property adjacent to the alley, a four(4)foot picket fence
along the front property line and a four(4)foot picket fence along the north property line.
5. The applicant has submitted the variance due to the increase in traffic and nightly noise from
the High Plains Brewery.
6. The applicant bought his property when the neighbor was an automobile repair and towing
service.The prior use of the site did not create high foot or vehicle traffic.
7. The application and a map showing the location of the property is attached.
8. 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.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission shall review and made 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;
3. Unless the basis 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 variance,the following conditions are suggested:
1. The applicant shall apply and pay for a fence permit.
2. Clear vision setbacks must be approved for clear vision of the alley way.
APPLICANT: Jason Balzer of 13 Washington Avenue spoke about his application for variance. He is
requesting that he be allowed to place a 6 foot fence from the front of his house to the front of his
property due to the noise and traffic created by High Plains Brewery. He has had no problems since the
brewery opened except for more vehicles' parking in the area. When he bought the property there was
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an auto body business where the brewery is now and he feels that having a privacy fence would help
give him some privacy. At this time he has a 6 foot privacy fence along the side yard adjacent to the
alley. He is requesting to extend that fence all the way to the sidewalk.
President Siegrist read the rules on the public
PROPONENTS: President Siegrist asked 3 times if there were any proponents wishing to speak in favor
of the application. There were none.
OPPONENTS: President Siegrist asked 3 times if there were any opponents wishing to speak against the
application. There were none.
A motion was made by Hazel Klein to recommend approval with the 2 staff conditions of purchasing a
permit and following the clear vision triangle. The motion was seconded by Ron Benner.
DISCUSSION:
Ron Benner asked if there was enough room for the garbage truck to get through the alley.
Noel stated the applicant has an existing fence and is currently being serviced by the City of Laurel
garbage services.
Dan Koch stated he is opposed to the 6 foot high fence going all of the way out to the sidewalk because
it is a visual impairment for anyone using the alley. He would like to see the fence tapered starting from
the sidewalk back to help with the visual impairment.
Noel reminded the board that the clear vision triangle will be enforced so the six-foot fence will not be
going all the way to the sidewalk.
Judy Goldsby asked for clarification on the clear vision triangle.
Noel stated that the building permit will still have to fall in line with the clear vision triangle and the
building permit will not be approved if it doesn't.
The board discussed LMC 17.60.020 and determined it met all 7 of the criteria.
#1) It is deemed an unjust invasion of the right of the property due to the increase in traffic and nightly
noise;
#2) it does create a special condition and situation peculiar to the applicant as he ownded the property
prior to the brewery;
#3)the extra traffic and noise cause something more than financial loss to the owner;
4) the hardship was created by someone other than the owner as it was created after the owner moved
in;
#5)the fence falls under the fence code requirements;
#6)the clear vision triangle will be applied as per the fence code;
#7) it is unknown whether or not the code was in created prior to the owner living there.
The vote on the motion to approve was taken and carried by a vote of 5—0.
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PUBLIC HEARING: Annexation of Nutting Bros 3rd Filings lot 19-25 and zoning request of Residential
Manufactured Homes.
Planner Noel Eaton read her staff report.
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: City County Planning Board
FROM: Noel Eaton,City Planner
RE: Application for Annexation and Zone Change
HEARING
DATE: December 1, 2016
INTRODUCTION:
In August 2016, Propriedad, LLC submitted a petition for the annexation of lots 19-25, Nutting Bros 3rd
Filing. The subject property is located north of Eleanor Roosevelt Drive and west of Yard Office Road.
The property is adjacent to the City of Laurel.
HISTORY:
• April 7th 2016 Rob Morehead and Propriedad LLC went before the Planning Board for approval
of a zone change from Residential Tracts to Residential Manufactured Homes.
• The Planning Board recommended approval with a 3-1 vote with 1 abstention
• May 17th 2016 the Yellowstone County Commissioners held a public hearing to approve the
zone change.
• The Commission voted to deny the zone change with a 3-0 vote.
STAFF FINDINGS:
1. Propriedad LLC is requesting the annexation of
the property identified above.The property is
zoned Residential Tracts.The applicant is requesting a zoning change to Residential
Manufactured Homes.
2. The property is approximately 30 acres.
3. The property owner,Carl Brenden, has provided a letter to the board.
4. The lot is currently vacant and the proposed use would be a mobile home park(Development
for Rent or Lease).
5. The property is located along Yard Office Road which is classified by MDT as a Primary and
Urban Route
6. Adjacent to the property to the north is an 80 foot County Park dedicated by the Nutting Bros
subdivision.
7. North of the property is the Nutting Drain.
8. The property is in close proximity to E Maryland,also classified as an Urban Route.
9. The City of Laurel Growth Management Plan describes the area of town where this property is
located as"East Side:This portion of the City is currently developed and holds much of the older
housing stock. It is mostly developed with single-family homes with pockets of manufactured
homes."
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10. The City of Laurel, Montana Projected Population and Demand for Housing shows that with a
.75%population increase the population would increase 521 people and require an addition 221
units by 2020
11. With a 1.0%population increase by 2020,there would be an additional 703 people and a
demand for 299 units.
12. As per the annexation policy requirements adopted by Ordinance No. 008-02,the planning
board shall conduct a public hearing and forward a recommendation to the City Council.
ANNEXATION CRITERIA AND REQUIREMENTS
A:The Planning Board shall consider the following criteria when it receives a written petition for
annexation:
• The property must be located within an area identified by city staff as a location for future city
annexation or annexation of the property will promote orderly growth of the city to protect the
health, safety and welfare in areas intensely utilized for residential, commercial, institutional
and governmental purposes.
• The city must be able to provide adequate city services within a time period mutually agreed to
by the property owner requesting annexation and the city;
• Existing or proposed public improvements within the area to be annex must meet all city
standards. If the public improvements are not constructed at the time of annexation,the
property owner shall provide the city a bond or letter of credit that equals 125%of the
estimated engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering,the city shall utilize the
bond or letter of credit to pay for the construction, including engineering; In accordance with
GASB-34,the Developer of Landowner shall provide the city the total cost and/or value of the
improvements including, but not limited to, parks, sidewalks,curb and gutter, lift stations, and
sewer and water lines,that are conveyed to the city;
• All property owners within the area to be annexed must sign a Waiver of Right to Protest the
creation of Special Improvement Districts for engineering and construction of improvements
including, but not limited to, streets, sidewalks, curb and gutter and the creation of a Park
Maintenance District, in a form acceptable and approved by the city;
• Residential densities within the area to be annexed must be rezoned at a minimum density of R-
7500; and
• The proposed land use within the area to be annexed must conform to the goals of the Laurel
Yellowstone City-County Planning Board Growth Policy.
B:The City Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in Section A herein or require an annexation agreement.The conditions of
approval must be clearly stated in the resolution of annexation or if required,the annexation
agreement. If the property to be annexed is not developed,the conditions of approval or
annexation agreement shall include a requirement for:
• A development agreement prior to the issuance of a building permit;
• A subdivision improvements agreement at the time of final plat approval, if applicable and
• An executed Waiver of Right to Protest creation of Special Improvement Districts for
engineering and construction of improvements including, but not limited, streets, sidewalks,
curb and gutter and the creation of a Park Maintenance District, in a form acceptable and
approved by the City.
SUGGESTED CONDITIONS OF APPROVAL
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1. In the event public improvements have not been completed at the time a building permit is
applied for,the applicant shall provide a development agreement.
2. If the public improvements are not constructed at the time of annexation,the property owner
shall provide the city a bond or letter of credit that equals 125%of the estimated engineering
costs for the construction of improvements. If the property owner fails to construct the
Improvements or to obtain the agreed upon engineering,the city shall utilize the bond or letter
of credit to pay for the construction, including engineering; In accordance with GASB-34,the
Developer of Landowner shall provide the city the total cost and/or value of the improvements
including, but not limited to, parks, sidewalks,curb and gutter, lift stations,and sewer and water
lines,that are conveyed to the city.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the time
of annexation approval.
4. A major preliminary plat application shall be submitted.
5. A Subdivision Improvements Agreement shall be executed with Preliminary and Final Plat
approval.
Noel stated that city limits are located on the south and southeast of the property. Zoning bordering
the south property line is Community Commercial.Zoning on the east is Residential Manufactured
Home. Zoning on the north and southwest is Residential Tracts. The applicant is requesting a zone
change to Residential Manufactured Home.
APPLICANT/PROPONENT:
Rob Morehead of 1014 N. 3rd Street, Billings, Montana spoke. He is a member of the company that is
proposing the Quiet Meadow Village Estates.
Rob stated he is excited about this project. He reminded the audience members that this is a zoning and
annexation review and the actual details of the project like traffic studies will be talked about in the next
step of the process.
His company has done a lot of ground work with their architect and engineer for this project. He went
on to state that previously they went before this board several months ago with a little different layout
but after hearing public concerns on that layout and project they went back to the drawing board. It is
going to be a manufactured home park but their intent is to make a community where there is a waiting
list for people to move in. This project has been modeled after several of their parks in Billings that do
have people waiting to move in to because it is a nice place to live.
Rob went on to state that previously when this project was brought before this board and the
Yellowstone County Commissioners there were several concerns brought up by the board and by the
public. Those concerns will be addressed today in their proposal. He went on to state that they have
drafted up rules and regulations for Quiet Meadow Village Estates to help keep the integrity of the
community intact.
Rob went on to say that there will be quarterly inspections on all of the mobile units within the
community. There are rules and regulations regarding grass height and keeping lawns green. Any
deficiencies will be noted and tenants will be given a list of them. They want to keep the integrity of the
community.
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Nick Pancheau of Collaberative Design Architects spoke. He is the architect on the project and he lives
at 112 11th Street West in Billings. His team from Collaberative Architects was brought on board to help
convey the vision of Quiet Meadow Village Estates to the public in an understandable way.
Nick went on to state that they fully understand that the Alder Ridge Estates park is not what the ,
citizens of the city of Laurel want more of. It is blighted in many ways and it is not their intent to have
the same kind of community.
Nick stated they have had several meetings with Laurel City Planner Noel Eaton to get an understanding
of Laurel's zoning and its different gradients and how this proposed development fits into that overall
picture. It was determined that this type of a manufactured home court will fit well within the proposed
area. The manufactured home park they are proposing acts like a buffer to the highway commercial
uses to the south of the property and the Residential Tract housing to the north and west of the
property.
Nick went on to say that there are rumors circulating that the current water and sewer services cannot
handle the additional load this development will bring. His team has had meetings with the city public
utilities department and they have determined they can supply water and sewer services to the
additional residences. There has been sewer smell coming from the sewer main that will service the
proposed development. It was determined to be due to not enough flow in the sewer main. Once the
development hooks into the main sewer line there will be more flow going through the line and it
shouldn't emit an odor.
Nick stated that over the last few months while listening to public comment it was asked the developers
are not building single family dwellings. The reality is that it may be developed as single family homes
but in reality single family homes have been increasing in size over the years nationwide. The national
average for single family homes is around 2,500 square feet. They talked about what the footprint of a
2,500 foot house with a single garage would look like at the prescribed density of 1 unit per 7,500
square feet on a site this size. A 2,500 square foot home has a minimum of 5 bedrooms. If this
community was planned based on 2500 square foot homes on 7500 square foot lots there could be a
minimum of 150 homes in that type of development.
Nick went on to say that the parkland is a county park. They are hoping to tie into that parkland to help
with the drainage problems from the Nutting drain.
Nick stated that there has been concern and public comment regarding potential impact to property
values that a development of this nature could cause. They looked at a piece of property located to the
north of this proposed development and one closer to the existing railroad yard. Both were houses built
in the 1990's with similar square footage. Doing the comparison showed that they had similar values.
But the County Assessor's does evaluate each piece of property on an individual basis.
Nick showed the layout of the proposed development and said that they decreased the overall units to
220. They relocated the entryways into the development so traffic cannot reach a high speed before
exiting onto Yard Office Road. They have created a strict set of covenants that will help determine how
this community will function as a whole. There will be a governing body that will review applications
and do quarterly reviews of tenants and homes. There will be size and number restrictions for pets
allowed. The result of strict covenants and restricts in this kind of scenario as has been exhibited by
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other developments of this kind in Billings is that there is a zero tolerance policy for offenders that have
violated the terms of the agreement. This leads to less stress on the local police force because the
issues have been dealt with internally before anything escalates to that level. It also leads to more
evictions of tenants who are in violation of the agreement.
Nick went on to say that they designed the development after Shiloh Village and Golden Meadows in
Billings.They have run successful parks with a low rate of people moving out and a waiting list of people
waiting to get in. These two parks were started the same time as Alder Ridge in Laurel and it is obvious
that having covenants and restrictions in place has made the difference.
Nick stated they interviewed tenants currently living in Shiloh Village and Golden Meadows to get
feedback and understand why they live there and why that community has been in good standing as
long as it has. Those neighbors said it all came back to the strict set of covenants and restrictions, lot
rents being affordable,community gathering space inside the park,the low speed and volume of traffic,
low crime levels and feeling safe and secure in the community.
Nick stated landscaping, parkway and trees will create a buffer between the community and the
neighboring properties. There will also be a parkway connection with planned crosswalks that are well
marked. There will be water wells drilled and the community will be able to water their property at no
cost. This will mean no additional water burden put onto the city line. A community playground will be
built with playground equipment. Additional parking being planned will take care of any overflow
parking problems. There will be a second landscaped entry and a round-about will be built to help slow
traffic down coming in and out of the community. There will be retention ponds built in the southeast
corner of the community. There is also a community center being planned for residents.
Nick encouraged the audience and board to go onto the website quietmeadowvillage.com to see the
presentation of what is planned for the community.
Scott Pederson of 923 8th Avenue spoke. He is the engineer on the project. He has met many times with
the city public works regarding water/sewer capacity and availability and how they would tie in. They
have come up with workable solutions and there was nothing that was discussed that could possibly be
a deal breaker. The first step to this is annexation and changing the zone. There will be more details
coming out after this step is approved. He thanked the board for their time and effort.
Rob Morehead spoke again. They have put many hours into this and is proud to put his name on this
project. He feels this will be a great asset to Laurel for many years to come.This project is for younger
and older people who are looking to transition either into a starter home or downsize from a larger
home.
President Siegrist opened the public hearing.
PROPONENTS:
President Siegrist asked twice if there were any proponents wishing to speak in favor of the proposal.
Larry Larsen of 1550 Poly Drive in Billings Spoke. He is the agent for the buyer. He suggested that the
board members and audience go to the website to get an over view of the project. The community has
been designed the way they did because they want to set a good example. Manufactured homes have
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always had a stigma against them. Right now the cost to get into a stick built starter home is$300,000.
There are many people that cannot afford to get into a stick built home both in Billings and Laurel.
Larry went on to say that the idea of this project is to design it so people will have a safe place to live
and can take pride in ownership of their home and where they live. He knows this will be an asset to the
community of Laurel.
President Siegrist asked 2 times if there were any opponents wishing to speak against the proposal.
OPPONENTS:
Nancy Lausch of 1608 E. Maryland spoke.She is north of the development. She is not opposed to
annexation. She wants residential stick build homes, not mobile homes. She does not believe that this
will work. She would rather have a brewery in her back yard. She stated she believes that every board
member here would not want this mobile home park next to their home. She feels that dogs and kids
will come onto their property from the mobile home park. When there is an incident they have to call
the sheriff and they can't get out there for a good 15 to 20 minutes. She asked whether or not the
police,ambulance or fire department can accommodate a 10%increase in services to this new trailer
court. She stated she opposes the proposed trailer court.
Andrea McKeever of 1702 E. Maryland spoke. She wonders how easily bad people can be evicted as she
has witnessed an eviction that took 2 years. She is concerned with the already overloaded school
system. She feels there needs a traffic study done on E. Maryland as this will add additional traffic. She
wonders how the garbage trucks will take care of the additional garbage. There are more options than
adding 200 trailers to this area. She is concerned this will become like Alder Ridge.
David Murja from 1608 E. Maryland spoke. He stated that the County Commissioners rejected this
proposal to change the zoning. The location has more to do with money than safety. It causes
congestion. Residences in High Point Subdivision to the north are all on 1 acre of land. This is a growing
community and residents do not want old decrepit mobile homes located in their community. He feels
the board needs to look at the impact to roads and schools and it will change the population drastically
and impact the neighborhood.
Tim Mucullogh of 1702 Eleanor Roosevelt spoke. He is concerned where power lines will come in at and
water, and sewer. Where will the road go. The developers haven't talked to any of the neighbors. His
easements will be effected because he will be surrounded by city limits. This will bring more traffic. The
ditch will need to be maintained.
Todd McKeever of 1702 E. Maryland spoke. He is concerned with where the access road will be and
busier roads. He wonders if a traffic study will be done.
Janet Johnson of 2057 E. Maryland spoke. She is concerned with the location being close to the train
tracks. She stated Laurel doesn't need another mobile home park. She is concerned about single wide
homes coming in and bringing transients. She asked if the property is in a floodplain. How will it affect
local services and the City wastewater and water plants? How will the proposed wells affect the
neighboring properties? She wonders how they can make a decision when no details have been brought
forward. She asked why the City Planner presented her staff report. She feels the board cannot vote on
this because they don't have any details.
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Candy Onozski of 1602 E. 8th spoke. She questioned how the ditch will be maintained and is it safe for
children to walk along the pathway by the ditch. She wants to know if there will be RV parking spots and
extra parking spaces for the residents. How will this proposed project affect the schools? She doesn't
understand how adding volume to a sewer line will help to improve the smell.
President Siegrist asked if there were any more opponents wishing to speak against the proposal. There
were none.
President Siegrist asked the applicant and staff to respond to the questions brought forth during the
public hearing.
Planner Noel Eaton stated that there is staff present to answer the questions about public water&
sewer services and emergency services.
Rob Morehead spoke to the concerns voiced by the opponents.
Rob clarified that the County Commissioners were not opposed to the proposed project but rather were
to the process by which the city brought it forward to them. It was voted down because of that. They
wanted the city of Laurel to address that process which they did.
Rob stated that the pathway along the ditch is a county park. He talked with Cal Cumin who oversees
the County Parks. Cal would like the pathway incorporated into the development. It is great greenspace
that should be incorporated but right now it is just a 3.5 acre of weeds next to a ditch.
Rob went on to say that they want to create a development that they can be proud of. If he owned
Alder Ridge he would not be proud of it. That is not the kind of community they are planning to
duplicate and it is not a lucrative community. They are proposing a community that people want to live
in. A community that there is a waiting list for.
Rob stated the sewage smells in that area because the pipe is too big for the sewage. The sewage
doesn't flow and gases build up in the sewer line that make a smell. When more volume is added it
helps to flush and move the sewage along and the smell doesn't build up. He has paid to have studies
done that show this to be fact.
Rob stated that the streets,city water and sewer will all be improved. This development isn't being
done on a whim.
Rob stated the 220 homes are not going to spring up tomorrow. It will take 1—7 years to establish the
neighborhood.
Rob went on to state that the tax base will increase by$75,000 to$100,000 per year for the Laurel
community. That is huge. The majority of that money will go towards the schools.
Rob stated he just talked with a gentleman that manages rental homes and it takes them only 30 days to
evict a tenant. He does not know why it would have taken Alder Ridge 2 years as was stated by an
opponent.
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Rob state hey do not want people who do not follow rules in their community. Rob repeated that this
proposed development has been well planned and will not be done cheaply. He stated if he has already
spent$20,000 on just an idea then he is going to spend a lot more on a creating a community he can be
proud of.
Kurt Markegard, Public Works Director spoke regarding the proposed development. There are sufficient
water and sewer lines in the area. There is no problem with the sewer plant as have the capacity since
recently undergoing a $6 million dollar upgrade. A 4th lift station will have to be installed to be able to
serve the new development.
The Water Plant is in the middle of an update to the intake pier and there will be no problem supplying
the development with water.
After annexation they will be working with the developer to on develop a plan for providing sewer and
water. But until they have the final building plans for the community and know how many units are
being planned they cannot say 100%sure what the exact plan is. If the city cannot provide adequate
services for the number of units they have planned then the development cannot move forward on the
project.
Laurel Police Chief Rick Musson came forward to speak on the issue of public safety for this
development. He talked with the developer and this is a private property like Sunhaven Trailer Court.
The Police Department cannot do parking or traffic control inside the development unless it's a DUI or
reckless driving. But they can do criminal cases. Any change to number of city resident's makes an
impact on the Laurel Police Department.
Rick went on to say he has been in Alder Ridge many times and sees the messes people make of their
property. They have calls in Alder Ridge from time to time. But they are not dealing with Alder Ridge all
of the time. And when they are dealing with Alder Ridge it is just certain people. Every neighborhood
can pinpoint a particular person or people that are problem children.This happens in every part of
Laurel whether it is in the high or lower end of the community. This happens in all communities because
human nature causes it. There is no way to know what the impact will be in 20 years or in a year.
Adding one residence can make an impact on his already small department. He can say that he knows
they won't be at all 220 units(in this development) each day. But it will make an impact on the roads
and traffic control. Twenty years ago no one would have ever thought there would be traffic jams in the
city of laurel but we have them happening now. The higher traffic is the result from new developments
both inside and outside of the city limits. Whether the homes are stick built or manufactured homes
they are going to make an impact on public services. He went on to say that Laurel will grow and he
understands that it causes impact.
Laurel Fire Chief Brent Peters spoke. He stated that 220 units could be 220 fire calls, 220 CO2 calls, 220
ambulance calls. He doesn't know what the impact will be. Alder Ridge has not created any substantial
statistics on the fire side of services in the past years. On the ambulance side of services there is a large
amount of calls but he feels it is due to the quality of living. He doesn't see that happening in this
development if it is designed like the developers have said it will be. He will be involved in every part of
the review of this proposed development if it is annexed and developed as will the police and
ambulance departments. If it is annexed and developed fire suppression will have to be installed per
requirements. He is concerned with the increase in traffic and the layout of the roads in the
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development for responding apparatus. The only other issue is that adding this amount of people to the
population of the city it could push the city from a class 3 to a class 2 rating which would require the city
to have partial paid fire department. The same thing applies to the ambulance department. Brent will
run some statistics but he doesn't see this proposed development making a huge impact on safety
services.
City Planner Noel Eaton stated that obviously the schools could be impacted by this development. It will
bring an increase in taxes for the school but also an increase in students. The school district will be
involved in the review. Currently the school is working on how they will expand and taking measures for
growth. The schools will be involved in the review process if this development moves forward.
Ron Benner asked Noel to explain the process of the annexation and zone change.
Noel stated that this development previously came to the Planning Board for review and
recommendation for only a zone change. Then it went on to the County Commissioners for their
recommendation and approval. The County Commissioners felt the concerns voiced by the public at the
hearing were concerns that the city should address and they didn't feel comfortable allowing a zone
change that would affect the city and not the county since it would be annexed into the city.
Noel went on to explain that when property is annexed into the city it is required to be at a minimum
density of 7500 square foot per property or greater. This development is asking for a greater density of
Residential Manufactured Homes. The developer at this time is asking for an all or nothing annexation
and zone change.
Noel continued and told the board that the next step after Planning Board recommendation is for the
City Council which to hold another discussion and public hearing. They will vote to either approve or
deny the application. If they vote to approve it will be approved as a preliminary annexation and the
staff conditions of approval will be applied as well as other conditions that may have been added by a
motion. It will then come back to the city as a preliminary plat where all city departments will be
involved along with the developers and the school. This is when the details are studied more in depth.
At this time Noel told the audience that due to conflict of interest Hazel Klein is recusing herself from
the discussion and the vote. Also after a discussion with the city attorney it was determined that
because Ron Benner was not a member of the board when he stood and spoke at the previous public
hearing for this development he is also recusing himself from the discussion and vote. There is a
quorum requirement of a minimum of 5 board members to approve/deny a motion. Noel explained
that Hazel Klein and Ron Benner still count as a quorum and the vote is considered legal.
A motion was made by Dan Koch and seconded by Lee Richardson to recommend approval of the
annexation and zone change for Propriedad, LLC for annexation of lots 19-25 of Nutting Bros subdivision
3rd filing and a zone change to Residential Manufactured Homes with the 5 suggested conditions of
approval.
BOARD DISCUSSION:
Lee Richardson stated that there is a need for this type of a development in Laurel. It will be an asset to
the area and good for elderly as there are many that need to downsize and can't afford to go to assisted
living. This is a much needed alternative. He is in favor of this.
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Dan Koch asked if E. 8th Street was a dead end water line.
Kurt stated that E.8th Street is on a single 2" private water line that supplies most of the residents in that
area located in the county. There will be a single water line into the development. Generally there are
two water sources in a larger development so having a single water line is not ideal.
Judy Goldsby asked for point of clarification. If the board votes on this and it passes and the developer
proceeds with the development and it doesn't meet all of the criteria after all of the studies have been
done then it gets shut down?
Noel stated that is correct. It will be only a preliminary annexation and since zone change is attached to
the annexation it too will be a preliminary zone change. They will come back after the studies for final
annexation and zone change.
Dan Koch thinks the concept of the development is great. He does have a concern regarding if and
when this development is sold to someone else.
At this time the board reviewed the criteria for the annexation and discussed the following:
• The property must be located within an area identified by city staff as a location for future city
annexation or annexation of the property will promote orderly growth of the city to protect the
health, safety and welfare in areas intensely utilized for residential, commercial, institutional
and governmental purposes.
The board agrees this to be the true.
• The city must be able to provide adequate city services within a time period mutually agreed to
by the property owner requesting annexation and the city;
The board agrees this to be true.
• Existing or proposed public improvements within the area to be annex must meet all city
standards. If the public improvements are not constructed at the time of annexation,the
property owner shall provide the city a bond or letter of credit that equals 125%of the
estimated engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering,the city shall utilize the
bond or letter of credit to pay for the construction, including engineering; In accordance with
GASB-34,the Developer of Landowner shall provide the city the total cost and/or value of the
improvements including, but not limited to, parks, sidewalks,curb and gutter, lift stations, and
sewer and water lines,that are conveyed to the city;
The board agrees this to be true.
• All property owners within the area to be annexed must sign a Waiver of Right to Protest the
creation of Special Improvement Districts for engineering and construction of improvements
including, but not limited to, streets,sidewalks,curb and gutter and the creation of a Park
Maintenance District, in a form acceptable and approved by the city;
The board agrees this to be true.
• Residential densities within the area to be annexed must be rezoned at a minimum density of R-
7500; and
The board agrees this to be true.
• The proposed land use within the area to be annexed must conform to the goals of the Laurel
Yellowstone City-County Planning Board Growth Policy.
The board agrees this to be true.
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B:The City Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in Section A herein or require an annexation agreement.The conditions of
approval must be clearly stated in the resolution of annexation or if required,the annexation
agreement. If the property to be annexed is not developed,the conditions of approval or
annexation agreement shall include a requirement for:
• A development agreement prior to the issuance of a building permit;
The board agrees this will be done.
• A subdivision improvements agreement at the time of final plat approval, if applicable, and
The board agrees this will be done.
• An executed Waiver of Right to Protest creation of Special Improvement Districts for
engineering and construction of improvements including, but not limited,streets,sidewalks,
curb and gutter and the creation of a Park Maintenance District, in a form acceptable and
approved by the City.
The board agrees this will be done.
At this time the vote was taken on the motion and was carried by a vote of 3 in of favor(Koch,Goldsby
and Richardson) and 2 recused (Benner& Klein).
The City Council will discuss this at their workshop on December 27, 2016 and hold a public hearing at
the city council meeting on January 3, 2017.
OLD BUSINESS: Subdivision Regulations.
Monica Plecker from CTA Architects spoke briefly regarding the Subdivision Regulations draft.
There was discussion and questions asked by the board. Monica will bring another draft of the
regulations back to the board and there will be a public hearing held in January. She asked the board to
email her any questions, comments or changes they would like Monica to consider between now and
the January 5, 2017 meeting.
MISCELLANEOUS: The next meeting will be January 5, 2017. There will be a public hearing on the
subdivision regulations.
President Siegrist gave Noel information regarding state code on board member attendance. She will
look into it.
PUBLIC COMMENT ON NON-AGENDA TOPICS: President Siegrist asked if there was anyone wishing to
make a comment. There were none.
ADJOURNMENT: The meeting was adjourned.
Respectfully submitted,
Cheryll',und,Secretary
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