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1989-06-02/Adoption of Development & Zoning RESOLUTION NO. 1-89 RESOLUTION ADOPTING DEVELOPMENT PATTERN AND PROPOSING ZONING REGULATIONS FOR SPECIAL ZONING DISTRICT NO. 1 WHEREAS, the Board of County Commissioners, on May 16, 1989, adopted Resolution No. 12, thereby creating Jefferson county special zoning District No.1, appointing a Planning and zoning Commission, and directing that the planning and zoning commission ~- ... ~ -. ........ ...-- .. - - conduct a hearing, adopt a development pattern for the special zoning district, and propose zoning and land use regulations for adoption by the Board of County commissioners; and, WHEREAS, the Planning and zoning commission has considered the petition of the freeholders and the action of the Board of county commissioners in creating special zoning District No.1, and considers the same to be entirely appropriate for the area comprising said special zoning district; and, WHEREAS, notice of hearing by this Planning and Zoning Commission was duly posted in three (3) public places within the special zoning district, and copies.-of said notice were also mailed to each and every person owning property within said zoning district as determined from the records of Jefferson county; and, WHEREAS, pursuant to said notice, this planning and Zoning Commission on June 1, 1989, conducted a public hearing, considered a proposed development pattern which it prepared for the special zoning district, and considered proposed zoning and land use regulations; NOW, THEREFORE, BE IT RESOLVED by the Planning and zoning Commission of Jefferson County special zoning District No.1, as follows: - . -~ 1. That the "Development Pattern For Jefferson County special zoning District No.1," attached hereto, has been formulated by this Planning and Zoning commission, shows this planning and zoning commission's recommendations for the development of the zoning district, and is an appropriate development pattern for the physical and economic development of the planning and zoning 1 - district. 2. That said "Development Pattern For Jefferson County special zoning District No.1" is hereby adopted by this planning and zoning commission as the development pattern for the zoning district. 3. That this planning and zoning Commission hereby recommends that the Board of County Commissioners of Jefferson county also adopt the said "Development Pattern For Jefferson County Special ~ ~ zoning District No.1." 4. That this planning and Zoning Commission has considered zoning and land use regulations for the special zoning district, which were originally proposed by the freeholders and which are attached hereto as Exhibit "B"; and that this Planning and Zoning commission hereby submits said proposed zoning and land use regulations to the Board of county Commissioners and urges said Board to adopt the same for the purpose of regulating. land uses within the special zoning district. DATED this c::1 day of June, 1989. -- PLANNING AND ZONING COMMISSION OP-YEFFERSONlCOUNTY SPECIAL ZONING DISTRICT NO. 1 ~ )nCC~ ~~/1 cha~ Q.~~ 8 ~d- Member ~ t,/.;&r~~ Member ATTEST: -:"-,'_"""!:J'_-,-",_e_ corder " ........".' .0 ~ ~ -'";" .~ '" 2 - .- " -, " DEVELOPMENT PATTERN FOR JEFFERSON COUNTY SPECIAL ZONING DISTRICT NO. 1 Jefferson County special Zoning District No. 1 was created by the Board of County commissioners pursuant to a petition signed by more than 60% of the freeholders in the district. The zoning district encompasses portions of sections 3, 4, 5, 6, 7, 8, 9, and 10 in Township 9 North, Range 3 West, Jefferson county, Montana. A portion of the zoning district also comprises part of what is _ -known-local'ly as-the-" south-Hl1-1s"' of-the Ci ty-of-Helena, -al though no portion of the district lies within the City or even in Lewis and Clark County. The zoning district includes lands bounded on the immediate north and on the west by the Jefferson county/Lewis and Clark County line, and on the east and south by a "jagged" boundary line defined by a Declaration of Restrictive convenants for crossfire Estates, set forth at Book 30 Miscellaneous, pages 616-618 in the records of the Clerk and Recorder of Jefferson County. The area, subject to these Restrictive convenants for crossfire Estates, constitutes the majority of the properties included within the zoning district. --- ~ The topography in the special zoning district is generally rolling hills or mountains, and there are several drainages traversing the area. The area has historically been used for livestock grazing or related agricultural uses. There has, until recent years, been no significant development activity or interest in development. At the present time, only a few residences have 1 --~ " " been constructed within the zoning district. Due to development constraints imposed by the topography and soil characteristics, it is unlikely that the area within the zoning district will be highly developed. Most likely, development will be in the form of single-family residences located on acreages or large lots. AS a result, the demand for government services, and development impacts (both on-site and off-site), are expected to be minimal. Such demands and impacts can be properly addressed with a minimum - - of governmental-regulation":"'" --- ~.. It is the position of the freeholders, whose petition led to the creation of special Zoning District No.1, that potential land uses within the district are adequately addressed in the CROSSFIRE MASTER PLAN __ 1979, prepared by the Diehl Development Company. This is a privately-funded land use plan for the area extending from the Bull Run subdivision in the City of Helena to the Montana City Interchange and from Lime Kiln Gulch to approximately two (2) miles east of Interstate Highway 15. The Crossfire plan was based on extensive natural resource capability analyses embodied in the Diehl Development Company's contemporaneous Land Use Capability study. The ,C r os s fire plan and the capabili ty study led to the imposition by the Diehl Company of the Restrictive convenants for crossfire Estates which are recorded in Book 28 of Miscellaneous, Pages 859-870, amended at Book 30 Miscellaneous, Pages 616-618, in the Office of Jefferson County Clerk and Recorder. It is the position of those freeholders whose petition led to the creation of SPZD NO.1, as well as the apparent position of a 2 !:<' '. . ". DEVELOPMENT PATTERN FOR JEFFERSON COUNTY SPECIAL ZONING DISTRICT NO.1 Jefferson County Special zoning District No. 1 was created by the Board of County Commissioners pursuant to a petition signed by more than 60% of the freeholders in the district. The zoning district encompasses portions of Sections 3, 4, 5, 6, 7, 8, 9, and 10 in Township 9 North, Range 3 West, Jefferson County, Montana. A portion of the zoning district also comprises part of what is _ -~ known locally-as-the." South-Hi l-:ls". of-the Ci ty-of-Helena, -al though no portion of the district lies within the City or even in Lewis and Clark County. The zoning district includes lands bounded on the immediate north and on the west by the Jefferson county/Lewis and Clark county line, and on the east and south by a "jagged" boundary line defined by a Declaration of Restrictive Convenants for Crossfire Estates, set forth at Book 30 Miscellaneous, pages 616-618 in the records of the Clerk and Recorder of Jefferson County, The area, subject to these Restrictive Convenants for Crossfire Estates, constitutes the majority of the properties included within the zoning district. ---,., The topography in the special zoning district is generally rolling hills or mountains, and there are several drainages traversing the area. The area has historically been used for livestock grazing or related agricultural uses. There has, until recent years, been no significant development activity or interest in development. At the present time, only a few residences have 1 , " ~. number of other persons in the area, that the provisions of the Restrictive Convenants for Crossfire Estates more than adequately address present and future land uses in the area. Basically, these Covenants provide for the location of roads and streets, provide for utility easements, protect drainage swales and drainage systems from inappropriate development which would increase runoff or cause erosion, and provide for the location of retention ponds to prevent excess flow of water onto adjacent - - ---pr ope'i: t-i'es. - The-Restr icti ve ~Convenants prohibi t the-use- of the - property for anything other than residential purposes (with some exceptions for agricultural uses, home occupations, cottage industries, and professional or quasi-professional occupations). The Restrictive Convenants substantially restrict the "resubdivision" or "resale" of portions of the property without prior review by an owner's association and, in most cases, by Jefferson county. It is the view of nearly all of the freeholders in the area that the provisions of the Restrictive Convenants pay proper attention to matters such as land use, access, transportation, and drainage, and adequately address matters perceived as po,\.~i_ble "off-site impa<:.!.~" " persons in Helena and Lewis and Clark County. and :problems,: by - -- The Planning and zoning Commission and the Board of county Commissioners have reviewed the Declaration of Convenants for Crossfire Estates, and are familiar with the area and its potential land uses. The members of the Planning and zoning commission, and the County Commissioners, agree with the 3 '. " , . -- freeholders' position. It is their unanimous view, therefore, that the zoning regulations proposed by the freeholders are appropriate and should be adopted as the special zoning district regulations for SPZD No.1. It is further the intention, of both the Planning and zoning Commiss ion and the Board of county Commissioners, that the foregoing statements, together with the zoning regulations proposed by the freeholders, should constitute the development __ -patte'rn-for-the physical-and- economic-development of the' planning and zoning district. properties within the district should be developed in accordance with the same. ADOPTED AND DATED this ~ day of June, 1989. PLANNING AND ZONING COMMISSION FOR SPECIAL ZONING DISTRICT NO. 1 OF JEFFERSON COUNTY ~~0'~~~ Cha m - -- - - ~ ~:;~A) B. mcc~ .c');t ~ 4t~/l ~-u:-~ Member BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY Chai~ 9~~ 4 ',' . '.... ..'c. ,- , - .,.. . . ,- --~- ... ~~R. c mis . oner =-, -..-- - - .- - - - - 5 - - - .. --..... ~