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City/County Planning Board Minutes 01.05.2012
MINUTES LAUREL CITY - COUNTY PLANNING BOARD January 5, 2012 6:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Kathy Siegrist, Chairman Greg Nelson, City Rep. John VanAken, County Rep. Don Brown, City Rep. Lee Richardson, County Rep. Judy Goldsby, County Rep. Richard Friztler, County Rep. OTHERS PRESENT: Heidi Jensen, City Planner Cheryll Lund, City Secretary CaII to Order: The meeting was called to order at 6:00 pm by Chairman Siegrist. Roll Call: A roll call was taken and members present were: Nelson, VanAken, Brown, Richardson, Goldsby, Fritzler and Siegrist. Public Comment: None. Approval of minutes A motion was made by Judy Goldsby and seconded by John VanAken to approve the minutes of December 1, 2011 as written. The motion carried by a vote of 6 — 0. Public Hearing and recommendation on O'Reilly lot split and Two Variance Requests. Chairman Siegrist read the public hearing procedures. City Planner Heidi Jensen spoke regarding the application. Heidi suggested that the board make the motion to include the preliminary plat and both variances for both the east and west lots. The east lot will be O'Reilly's and the west lot will also be a commercial business. Approving the variances for both lots will eliminate having to do so again for the (future) commercial building on the west lot. Carisch Brothers LP owns the property, and in conjunction with O'Reilly Automotive Stores and O'Reilly's representatives Kadermas Lee and Jackson Engineers, have applied for a subsequent minor preliminary plat approval for O'Reilly Auto Parts Subdivision which contains 2 lots on approximately 1.3 acres of land for commercial development. Also requested are 2 variances: 1) allowing an 8' setback off of the south property line (MCA requirement is a 10' setback) and, 2) allowing a parking space size of 9' X 19' (MCA requires parking space size is 10' X 20'). The property is located within the City of Laurel on the south side of SE 4th Street, to the East of The Laurel Trading Post. Prior to Carisch Brothers LP applying for the lot split and variances, many meetings were held with O'Reilly's, their representatives and city staff, to discuss all issues at length. A pre - application meeting was conducted with representatives for O'Reilly, the Planning Staff, Public Works and the Building Department for the proposed subdivision and the requested variances. A preliminary plat pre - application sufficiency and completeness review was done. One of the purposes of the City's subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdividers responsibility to mitigate those effects. Various city departments have reviewed this application and provide input on effects and mitigation. The Findings of Fact, which are presented as an attachment, discuss the potential negative impacts of the subdivision and the following conditions of approval are recommended as measure to further mitigate any impacts. Pursuant to Section 76 -3- 608(4), MCA, the following conditions were recommended by the City Planner to reasonably minimize potential adverse impacts identified within the Finding of Facts: 1. To ensure the provision of easements and minimize effects on public health and safety, the subdivider shall work with the City Public Works Department and Planning Department and the private utility companies to determine suitable locations for utility easements, if necessary. These easements shall be shown on the final plat. 2. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal, or Public Works Departments to clarify the documents and bring them into the standard acceptable format. 3. The final plat shall comply with all requirements of City of Laurel Subdivision Regulations, rules, regulations, policies, and resolutions of City of Laurel, and the laws and Administrative Rules of the State of Montana. The Laurel City Council will review this application at their workshop on January 10, 2012 and then hold a public hearing at the Laurel City Council meeting on January 17, 2012. Planning staff recommends that the Planning Board make findings and should they recommend approval include the staff report and adopt the Findings of Fact as presented. At this time Heidi introduced Rich Jensen from Kadarmas Lee and Jackson (KU) Engineers, who is representing both the Carisch Brothers and O'Reilly's. Rich's address is 1010 O'Malley Drive in Billings, Montana. Mr. Jensen clarified that the total size of the parcel is 1.3 acres which is being split into 2 lots, one being a .62 acre parcel (O'Reilly) and one parcel being .67 acres (future commercial business). There will be a common access easement on the property line for both parcels. There is another entrance being planned on the eastern side of O'Reilly's building accessing off of SE 4th Street. There is an open irrigation ditch on the east parcel. There are no plans to cover the ditch but have proposed placing a fence on the east side of the lot to help keep garbage from blowing into the ditch. Storm Drainage will be addressed in the DEQ submittal. It will be retained on the site by the use of appropriate berms, swales or underground storage which may be constructed on lots as they are developed. This will be done to DEQ required specifications. A question was asked regarding where the building will be set: At this time it is proposed to be placed 10 feet from where the lot will be split. The setback variance has been requested on the south property line off of the highway (1 -90) to set the building at 8 feet off the property line instead of the required 10 feet. Because the site has a strange shape and O'Reilly has a certain way they size the building as to the city's population they would hope to get as much floor space as possible for their building. That is why they are asking for the setback variance. Dr. Richardson asked if there will be space to get a fire truck behind the building. Rich Jensen stated that there would not be, but a fire truck can easily access it from the highway (1 -90) if the need arises. Heidi pointed out that the Fire Inspector is also the Building Inspector and that issue will be discussed during the building placement and site review. Rich Jensen spoke regarding the variance requested for the parking spots. Standard parking spaces required by the City are 10' X 20'. There are also a minimum amount of parking spaces required based on the size of the building. The variance they are requesting is for 9' X 19' parking spaces strictly so they can supply the minimum amount of required parking spots. There is an ExxonMobil pipeline 32' easement that runs through this property that a building cannot be placed on that also has to be taken into consideration for the placement of the building. Pavement can be placed over the pipeline. Dr. Richardson asked who the Carisch Brothers bought the property from. Rich Jensen had no knowledge as to who they bought it from. The public hearing was opened at 6:30 pm by Chairman Siegrist. Proponents: Paul Ducharm, representing the Carisch Brothers (property owners) spoke. He spoke to clarify whom the property was purchased from. The property was purchased from Bob and Peggy Erickson who ran the Equipment Finders on that piece of property. The Carisch Brothers bought the entire piece of property and then split off the road and gave that property to the City of Laurel. Chairman Siegrist asked two (2) more times if any other proponents wanted to speak. There were none. Opponents: Chairman Siegrist asked if any opponents wanted to speak. Bill Strauch of 1315 4 Avenue spoke. Mr. Strauch stated that he is not opposed to this project. He is only present for informational purposes only. He represents the firm that has the irrigation ditches that are on the site. As the rural area gets a little more crowded out by residential or commercial business they (ditch company) are encountering more and more problems getting agricultural access to maintain the ditches. Mr. Strauch did receive a phone call from KU Engineering firm and then returned that call to KU Engineering but did not receive a call back. Mr. Strauch questioned Mr. Jensens' reference of proposing to build a fence next to the ditch. The ditch company has had problems in the past when fences are built on the property line. This restricts the access to the ditch company's ability to clean and maintain the ditch. He wants to emphasize that he is not opposed to the project but wants to lay the groundwork so that the ditch company doesn't have a problem (maintaining the ditch) after the building is built similar to the problem they have with the Walmart location. When spring comes and the ditches need to be cleaned and burned there is going to be smoke, they can't help that and it is a real problem at the Walmart location. The ditch company doesn't have an answer for this but his guess is that somewhere along the line there is going to be a big wreck over it. That is why he is at the meeting and trying to get some information in regards to how everyone can work together on this project prior to any permanent structures built so they can access the ditch and maintain what they have to maintain. Mr. Strauch thanked the board for their consideration. Dr. Richardson asked Mr. Strauch who is responsible for the cleaning of the grass and dirt that builds up in the ditches so that they can remain open? Mr. Strauch stated that if the ditch company can get to the ditches and maintain them then historically it is the ditch owner that is responsible for cleaning them. Dr. Richardson asked who the owner of the ditch is. Mr. Strauch stated that essentially in that area the ditch is owned by Cenex and /or Circle Land Management. Dr. Richardson suggested that covering the ditch could eliminate some of these issues. Mr. Strauch stated that sometimes covering the ditch is good but sometimes it just creates other problems for the ditch company. Heidi Jensen told Mr. Strauch that at this time O'Reilly's is in compliance with state law on their site plans that she has seen and approved. She has not seen anything that includes a fence. She suggested that Mr. Strauch leave his phone number so she can contact him if she receives a different site plan in the future. Mr. Strauch gave her his cell phone number (406- 281 -4410) and didn't care if it was in the public record since everyone in Laurel has it anyway. Heidi stated that at this time there is plenty of easement on their side of the ditch and she has not seen any fence over there but if she does she will contact him. Chairman Siegrist asked two (2) more times if there were any opponents who wished to speak. There were none. Chairman Siegrist closed the public hearing at 6:40 pm. Richard Jensen stated that as a professional land surveyor one of his requirements is to protect the bonafide rights of anyone that might have an easement or a right to use this area and he has discussed with O'Reilly the need to make sure an easement for those ditches (and the one ditch that actually crosses their property) are provided for on the plat. He will let Heidi Jensen take care of the fence issue as part of the site plan process. Board discussion: Dr. Richardson suggested that Bill Strauch be contacted if there is any problem with ditch access as he is a very reasonable person to deal with. Heidi stated that Gary Colley is thorough in his reviews and she hasn't seen any red flags on the plat in regards to the ditch company's access. A motion was made by Greg Nelson to recommend to the City Council that they adopt the Findings of Fact as presented in the staff report; approval of the preliminary plat and the lot split for O'Reilly subdivision subject to the three conditions below: 1. To ensure the provision of easements and minimize effects on public health and safety, the subdivider shall work with the City Public Works Department and Planning Department and the private utility companies to determine suitable locations for utility easements, if necessary. These easements shall be shown on the final plat. 2. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal, or Public Works Departments to clarify the documents and bring them into the standard acceptable format. 3. The final plat shall comply with all requirements of City of Laurel Subdivision Regulations, rules, regulations, policies, and resolutions of City of Laurel, and the laws and Administrative Rules of the State of Montana. And; approval of the building setback variance to be able to build 8 feet from the rear property line; approval of the requested variance of the parking stall size to 9' X 19'; And, the variances be tied to the entire subdivision. The motion was seconded by Judy Goldsby and carried by a vote of 6 — 0. Miscellaneous: Heidi Jensen stated that there are no pending applications and there will probably be no meeting held in February 2012. Heidi reminded the board that the O'Reilly Subdivision will be reviewed at the January 10, 2012 City Council Workshop and a public hearing at the January 17, 2012 City Council meeting. The meeting was adjourned at 7:00 pm. Respectfully submitted, Che, Secretary 1 r+rn L AU REL I IONT/4NP LAUREL CITY - COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City Council FROM: Heidi Jensen, Laurel Planner RE: O'Reilly Subdivision HEARING DATE: January 9, 2012 ,w ... � Tom., `; .....:;. '�' £ � � ° -� ... _x' "" �� " � �` "- ' 011 In December 2011, O'Reilly Automotive Stores in conjunction with their representatives Kadermas Lee and Jackson (KLJ) Engineers, applied for subsequent minor preliminary plat approval for O'Reilly Auto Parts Subdivision which contains 2 lots on approximately 1.300 - acres of land for commercial development. The subject property is located within the City of Laurel on the south side of SE 4 Street, West of Walmart. The Laurel City Council needs to approve, conditional approval or denial for the subdivision and variances. RECOMMENDATION: Planning Staff recommends that the Laurel City Council adopt the staff report and Findings of Fact as presented in this staff report. VARIANCES REQUESTED: There are two variances requested with the application. The first is for building setback, asking for a 2 foot decrease making the back of the building 8 feet from the lot line. The current regulations and ordinances require a rear building setback of 10 feet. The second variance is for parking stalls. Laurel requires parking stalls to be 10 feet x 20 feet. The variance is for 9 x 19 feet, or one foot on the length and sides. • A pre - application meeting was conducted with Planning Staff for the proposed subdivision • The preliminary plat pre - application sufficiency and completeness review was done. Page 1 of 7 • The preliminary plat application was discussed with various departments within the city and moved forward. • The City - County Planning Board reviewed the application at their January 5, 2012 meeting and recommended approval of the variances and staff report with recommended conditions and findings of fact unanimously (6:0). • The City Council will review the application on January 10, 2012 and formally make a decision on January 17, 2012. PLAT INFORMATION: In December, owners O'Reilly Auto Parts, applied for a subsequent minor subdivision preliminary plat approval for the O'Reilly Subdivision/Lot split. The proposed subdivision contains 2 -lots on 1.330 -acres of land for commercial development. The subject property is located within the City of Laurel on SE 4 Street and zoned highway commercial. General location: South side of SE 4 Street, West of Walmart Legal Description: Lot 6 -Al of Amended Plat of Lot 6 -A Block 2, Laurel Industrial Park Subdivision. Located in the NE '/ of Section 16, Township South, Range 24 East, P.M.M., within the City of Laurel, Yellowstone County, Montana Subdivider and Owner: Carisch Brothers LP, Gerald F. Carisch, CEO Engineering and Surveyor: KLJ Existing Zoning: Highway commercial Existing Land Use: vacant lot Proposed Land Use: Commercial Gross Area: 1.330 -acres Proposed # of Lots: 2 Lot Sizes: Approximately .65 -acre Parkland Requirements: parkland is not required for commercial development ALTERNATIVES ANALYSIS: One of the purposes of the City's subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider's responsibility to mitigate those effects. Various city departments have reviewed this application Page 2 of 7 and provide input on effects and mitigation. The Findings of Fact, which are presented as an attachment, discuss the potential negative impacts of the subdivision and the following conditions of approval are recommended as measure to further mitigate any impacts. PROPOSED CONDITIONS OF APPROVAL: Pursuant to Section 76 -3- 608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact: 1. To ensure the provision of easements and minimize effects on public health and safety, the subdivider shall work with the City Public Works Department and Planning Department and the private utility companies to determine suitable locations for utility easements, if necessary. These easements shall be shown on the final plat. 2. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal, or Public Works Departments to clarify the documents and bring them into the standard acceptable format. 3. The final plat shall comply with all requirements of City of Laurel Subdivision Regulations, rules, regulations, policies, and resolutions of City of Laurel, and the laws and Administrative Rules of the State of Montana. STAKEHOLDERS: A public hearing is scheduled for the City Council meeting on January 17, 2012. At this time the planning department has received no comments or complaints on the subdivision. PROPOSED FINDINGS OF FACT: The Findings of Fact for the preliminary plat for the O'Reilly subdivision have been prepared by the Laurel City- County Planning Department staff for review and recommendation by the Laurel City Council. These findings are based on the preliminary plat application and address the review criteria required by the Montana Subdivision and Platting Act (76 -3 -608, MCA) and the Laurel - Yellowstone City - County Planning Area Subdivision Regulations. A. What are the effects on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and public health and safety? (76- 3- 608(3)(a), MCA) (Section 3 (C)(3)(a), LYCCPASR) 1. Effect on agriculture and agricultural water user facilities. According to the application and site review /visit the proposed subdivision will not remove any agricultural or agricultural water user facilities from service. Page 3 of 7 2. Effect on local services a. Residential- The designated use for the two (2) lot subdivision is Highway Commercial and now residential or family or other uses will be allowed. b. Additional or expanded public services and facilities that would be demanded of local government or special districts to serve the subdivision- According to the application "...there will be no additional or expanded public services and facilities that would be demanded of local government or special districts to serve the subdivision. i. Describe additional costs which would result from services such as roads, bridges, law enforcement, parks and recreation, fire protection, water, sewer and solid waste systems, schools or busing, (including additional personnel, construction and maintenance costs). According to the application, "...roads, bridges, law enforcement, fire protection, water, sewer and solid waste systems presently exist and no additional services will be required. ii. Who would bear these costs (e.g., all taxpayers within the jurisdiction, people within special taxing districts, or users of a service)? According to the application, "The subdivision will have no anticipated impacts or costs for public services." iii. Can the service providers meet the additional costs given legal or other constraints (e.g., statutory ceilings on mill levis or bonded indebetedness)? According to the application, "The subdivision will have no anticipated impacts or cots for public services." iv. Describe all off -site costs or costs to other jurisdictions may be incurred. According to the application, "All public facilities including water, sewer, electrical and phone exist adjacent to the site." Page 4of7 c. Describe how the subdivision allows existing services, through expanded use, to operate more efficiently, or makes the installation or improvement of services feasible (e.g., allow installation of a central water system, or upgrading a county road). Due to the commercial nature of the proposed facilities, minimal effect is anticipated on existing public facilities. d. What are the present tax revenues received from the un- subdivided land? i. By the County: The existing general taxes are approximately $3,200.00 e. Provide the approximate revenues received by each above taxing authority if the lots are reclassified, and when the lots are all improved and built upon. Describe any other taxes that would be paid by the subdivision and into what funds. The application states, "It is anticipated the property will generate approximately $12,300.00 in general taxes upon construction of buildings on both lots. Additional information regarding City and school fees is not available." The property is located in the Cities Tax Increment Finance (TIF) District. The taxes would go to that designation. f. Would new taxes generated from the subdivision cover additional public costs? The re- classification of the existing parcel is not anticipated to increase revenue or costs related to public services. It is anticipated the proposed improvements to the proposed lots will cover any additional public costs and increase future revenues. g. How many special improvements districts would be created which would obligate local government fiscally or administratively? Are any bonding plans proposed which would affect the local government's indebetedness. Application states, "there will be no special improvement districts created which would obligate local government fiscally or administratively. There are no bonding plans proposed which would affect the local government's bonded indebtedness. 3. Effects on the Historic or Natural Environment a. Describe and located on a plat overlay or sketch map known or possible historic, paleontological, archaeological or cultural sites, structures, or objects which may be affected by the proposed subdivision. There are no historic, paleontological, archaeological or cultural sites, structures, or objects which may be affected by the proposed subdivision. Page 5 of 7 b. How would the subdivision affect surface and groundwater, soils, slopes, vegetation, historical or archaeological features within the subdivision or on adjacent land? Describe plans to protect these sites. There are no known historical or archaeological features; the subdivision will no affect surface and groundwater, soils, slopes, vegetation, historical or archaeological features within the subdivision or on adjacent land. 4. Effects on wildlife and wildlife habitat Application states, "There will be little or no impacts from the subdivision or associated improvements o the wildlife. There is no big game wintering range, migration routes, nesting areas, wetlands or important habitat for rare or endangered species. 5. Effects on public health and safety Application states, "The site has an existing crude pipeline passing through one corner of the proposed easterly lot and across the center of the westerly lot. All safety issues will be addressed and sites will be designated to accommodate the pipeline based on industry standards. There are two existing irrigation ditches one on the easterly side of the easterly lot, one being wholly within a public road right -of -way and the other partially within the easterly edge of the lot. The site design will take into account the possibility of overflow from the ditches. There is a high voltage power distribution line with service lines and transmission lines running along the easterly side of the proposed subdivision. The site design takes into account their location and places all structures far enough away to prevent the lines from impacting the structure in the case of total failure of the supporting poles. B. Was an Environmental Assessment Required? (76- 3-603, MCA) No a summary of probable impacts was included. C. Does the subdivision conform to the Montana Subdivision and Platting Act and to local subdivision regulations? (76-3 -608 (3)(b), MCA) The subdivision, with proposed conditions, satisfies the requirements of the Montana Subdivision and Platting Act and conforms to the design standards specified in the Laurel City - County Subdivision Regulations. The subdivider and the local government have complied with the subdivision review and approval procedures set forth in the local and state subdivision regulations. D. Does the proposed plat provide legal and physical access to each parcel within the subdivision and notation of that access on the plat? (76-3 -608 (3)(d), MCA) Page 6 of 7 Access to the subdivision will be worked out with the site plan and the City Planning and Public Works Department. CONCULSIONS OF FINDINGS OF FACT • The preliminary plat of the O'Reilly Subdivision does not create any adverse impacts that warrant denial of the subdivision. • With the proposed conditions, the O'Reilly Subdivision is in compliance with the Montana Subdivision and Platting Act and the Laurel City- County Subdivision Regulation. RECOMMENDATION Planning staff recommends that the City Council make findings and should they approve include the staff report, conditions, variances and adopt the Findings of Fact as presented. Page 7 of 7 APPENDIX E APPENDIX E Preliminary Plat Application Subdivision Name: Amended Plat of Lot 6-A1 Block 2 Laurel Indust Park Subdivision Date of Preapplication Mooting : June 2, 2011 Typ : Major First tin: :zr Stihscquent ;in:,r x Tax Code: B02321 Location: Legal Description: Lot 6-Al o t" Arriendesi Plat of Lot 6 -A Bock 2, Lau;& industrial Park Subdivision V, t Range: Section: NE 5 a6, Township: f ownship: S, 24F.. r General Location: South Side of 4' Street South, West of Wai Mart Subdivider Inforrrtation: Name (1rclude a I t of cc. if cc por.:ation): Carisch Brother' I..P, Gerald P. Carisch - CEO Address: 681 Lake Stet East Suite 262, Wayzata, MN 55391 Telephone: 952 Fax 952 Owner information: Name (tnrludr: a list of officers rs if corporation): CariEoh Brothers LP, Gerard F Carisch, CEO Address: 681 Lake Street East, Suite 262, Wayzata, MN 55391 Telephone: 952-473-4291; Fax 952 -473 -4102 Plat Data: Gros•' Arez : 1.300 acres tsiet A rea: 1.300 acres Number of Lots: 2 Maximum Lot Size, 32,355 sc . ft. Minimum Lot Size: :24,272 sq. ft Linear Feet of Streeter. 411 Existing Zoning: Highway Commercial Surrounding Zoning: North; Highway Coxnenercial South' NIA E_a�,t: Highway Commercial Nest Highway Commercial Existing Land Use: Vacant Lard Proposed Land Use: Pc. Sale.:, Summary of Probable Impacts. A proposed Subdivision of Lot 6A -1, Block 2 of Amended Plat of Lot 6 -A, Block 2, Laurel Industrial Park Subdivision; as filed in the Official Records of Yellowstone County, Montana as Document No. 3391954. 1. Effects on Agriculture: a. Determine if the proposed subdivision or associated improvements are located on or near prime farmland or farmland of statewide importance as defined by the Natural Resource Conservation Service. If so, identify each area on a copy of the preliminary plat. The proposed subdivision or associated improvements are not located on or near prime farmland or farmland of statewide importance as defined by the Natural Resource Conservation Service. b. Describe whether the subdivision would remove from production any agricultural or timber land. The subdivision would not remove from production any agricultural or timber land. c. Describe possible conflicts with nearby agricultural operations (e.g., residential development creating problems for moving livestock, operating farm machinery, maintaining water supplies, controlling weeds or applying pesticides; agricultural operations suffering from vandalism, uncontrolled pets or damaged fences). The subdivision will not cause any possible conflicts with nearby agricultural operations. d. Describe possible nuisance problems which may arise from locating a subdivision near agricultural or timber lands. The Subdivision will not cause any possible nuisance problems; it is not located near agricultural or timber lands. e. Describe effects the subdivision would have on the value of nearby agricultural lands. The subdivision will have no effects on the value of nearby agricultural lands. 2. Effects on Agricultural Water User Facilities: a. Describe conflicts the subdivision would create with agricultural water user facilities (e.g., residential development creating problems for operating and maintaining irrigation systems) and whether agricultural water user facilities would be more subject to vandalism or damage because of the subdivision. The subdivision will have no detrimental effects with agricultural water user facilities. b. Describe possible nuisance problems which the subdivision would generate with regard to agricultural water user facilities (e.g., safety hazards to residents or water problems from irrigation ditches, head gates, siphons, sprinkler systems, or other agricultural water user facilities). The Subdivision will cause no additional nuisance problems which may affect the nearby irrigation canals. 3. Effects on Local Services: a. Indicate the proposed use and number of Tots or spaces in each: Residential, single - family; Residential, multiple family; Types of multiple family structures and number of each (e.g., duplex, four- plex); Planned unit development (number of units); Condominium (number of units); Mobile home park; Recreational vehicle park; Commercial or industrial; Other (please describe). The designated use for the two (2) lot subdivision is Highway Commercial and no residential family or other uses will be allowed. b. Describe the additional or expanded public services and facilities that would be demanded of local government or special districts to serve the subdivision. There will be no additional or expanded public services and facilities that would be demanded of local government or special districts to serve the subdivision. i. Describe additional costs which would result for services such as roads, bridges, law enforcement, parks and recreation, fire protection, water, sewer and solid waste systems, schools or busing, (including additional personnel, construction, and maintenance costs). Roads, bridges, law enforcement, fire protection, water, sewer and solid waste systems presently exist and no additional services will be required. ii. Who would bear these costs (e.g., all taxpayers within the jurisdiction, people within special taxing districts, or users of a service)? The subdivision will have no anticipated impacts or costs for public services. iii. Can the service providers meet the additional costs given legal or other constraints (e.g., statutory ceilings on mill levies or bonded indebtedness)? The subdivision will have no anticipated impacts or costs for public services. iv. Describe off -site costs or costs to other jurisdictions may be incurred (e.g., development of water sources or construction of a sewage treatment plant; costs borne by a nearby municipality). All public facilities including water, sewer, electrical and phone exist adjacent to the site. c. Describe how the subdivision allows existing services, through expanded use, to operate more efficiently, or makes the installation or improvement of services feasible (e.g., allow installation of a central water system, or upgrading a country road). Due to commercial nature of the proposed facilities, minimal effect is anticipated on existing public facilities. d. What are the present tax revenues received from the un- subdivided land? i. By the County; The existing general taxes are approximately $3,200.00. ii. By the municipality (if applicable); This information is not readily available at this time. iii. By the schools. This information is not readily available at this time. e. Provide the approximate revenues received by each above taxing authority if the Tots are reclassified, and when the lots are all improved and built upon. Describe any other taxes that would be paid by the subdivision and into what funds. It is anticipated the property will generate approximately $12,300.00 in general taxes upon construction of buildings on both lots. Additional information regarding city and school fees is not available at this time. f. Would new taxes generated from the subdivision cover additional public costs? The re- classification of the existing parcel is not anticipated to increase revenue or costs related to public services. It is anticipated the proposed improvements to the proposed Tots will cover any additional public costs and increase future revenues. g. How many special improvement districts would be created which would obligate local government fiscally or administratively? Are any bonding plans proposed which would affect the local government's bonded indebtedness? There will be no special improvement districts created which would obligate local government fiscally or administratively. There are no bonding plans proposed which would affect the local government's bonded indebtedness. 4. Effects on the Historic or Natural Environment: a. Describe and locate on a plat overlay or sketch map known or possible historic, paleontological, archaeological or cultural sites, structures, or objects which may be affected by the proposed subdivision. There are no historic, paleontological, archaeological or cultural sites, structures, or objects which may be affected by the proposed subdivision. b. How would the subdivision affect surface and groundwater, soils, slopes, vegetation, historical or archaeological features within the subdivision or on adjacent land? Describe plans to protect these sites. There are no known historical or archaeological features; the subdivision will not affect surface and groundwater, soils, slopes, vegetation, historical or archaeological features within the subdivision or on adjacent land. i. Would any stream banks or lake shorelines be altered, streams rechanneled or any surface water contaminated from sewage treatment systems, run -off carrying sedimentation, or concentration of pesticides or fertilizers? No stream banks or lake shorelines will be altered, streams rechanneled or any surface water contaminated from sewage treatment systems. Run -off carrying sedimentation or concentration of pesticides or fertilizers will be retained on the site. ii. Would groundwater supplies likely be contaminated or depleted as a result of the subdivision? Groundwater supplies should not be contaminated or depleted as a result of the subdivision. Would construction of roads or building sites require cuts and fills on steep slopes or cause erosion on unstable, erodible soils? Would soils be contaminated by sewage treatment systems? No construction of roads is anticipated, building sites will require minor fills and are not on steep slopes and will not cause erosion, and there are no unstable, erodible soils. Soils will not be contaminated by sewage treatment systems. iv. Describe the impacts that removal of vegetation would have on soil erosion, bank, or shoreline instability. There will be no impacts from removal of vegetation, the site is presently mostly bare and there would no soil erosion, bank, or shoreline instability. v. Would the value of significant historical, visual, or open space features be reduced or eliminated? There are no known significant historical, visual, or open space features; there would be no impact on the value. vi. Describe possible natural hazards the subdivision could be subject to (e.g., natural hazards such as flooding, rock, snow or land slides, high winds, severe wildfires, or difficulties such as shallow bedrock, high water table, unstable or expansive soils, or excessive slopes). ** The site is on the north edge of an "A -1" flood zone with a BFE (Base flood elevation) defined. The easterly portion of the site is being designed so as to fill the site leaving all proposed structures above the BFE. The westerly lot should be designed the same. There are no other known possible natural hazards the subdivision could be subject to. c. How would the subdivision affect visual features within the subdivision or on adjacent land? Describe efforts to visually blend the proposed development with the existing environment (e.g., use of appropriate building materials, colors, road design, underground utilities, and re- vegetation of earthworks). The land is now vacant and covered with weeds. The subdivision and subsequent development would improve visual features within the subdivision and would better blend with structures on adjacent land. All structures being built on this site will attempt to visually blend the proposed development with the existing. 5. Effects on Wildlife and Wildlife Habitat: a. Describe what impacts the subdivision or associated improvements would have on wildlife areas such as big game wintering range, migration routes, nesting areas, wetlands, or important habitat for rare or endangered species. There will be little or no impacts from the subdivision or associated improvements to the wildlife. There is no big game wintering range, migration routes, nesting areas, wetlands, or important habitat for rare or endangered species. b. Describe the effect that pets or human activity would have on wildlife. There will be no effect that pets or human activity would have on wildlife. 6. Effects on the Public Health and Safety: a. Describe any health or safety hazards on or near the subdivision, such as natural hazards, lack of water, drainage problems, heavy traffic, dilapidated structures, high pressure gas lines, high voltage power lines, or irrigation ditches. These conditions, proposed or existing, should be accurately described with their origin and location identified on a copy of the preliminary plat. The site has an existing Crude Pipeline passing through one corner of the proposed easterly lot and across the center of the westerly lot. All safety issues will be addressed and sites will be designed to accommodate the pipeline based on industry standards. There are two (2) existing irrigation ditches one the easterly side of the easterly lot, one being wholly within a public road right -of -way and the other partially within the easterly edge of the lot. The site design will take into account the possibility of overflow from the ditches. There is a high voltage power distribution line with service lines and transmission lines running along the easterly side of the proposed subdivision. The site design takes into account their location and places all structures far enough away to prevent the lines from impacting the structure in the case of total failure of the supporting poles. b. Describe how the subdivision would be subject to hazardous conditions due to high voltage lines, airports, highways, railroads, dilapidated structures, high pressure gas lines, irrigation ditches, and adjacent industrial or mining uses. The subdivision would not be subject to hazardous conditions due to high voltage lines, there are no airports, highways, railroads, dilapidated structures, and high pressure gas lines. The irrigation ditches have been previously addressed and there are no adjacent industrial or mining uses. c. Describe land uses adjacent to the subdivision and how the subdivision will affect the adjacent land uses. Identify existing uses such as feed lots. processing plants, airports or industrial firms which could be subject to lawsuits or complaints from residents of the subdivision. The existing land uses adjacent to the subdivision are essentially the same use being proposed will not affect the adjacent land uses. There are no feed lots, processing plants, airports or industrial firms which could be subject to lawsuits or complaints. d. Describe public health or safety hazards, such as dangerous traffic, fire conditions, or contamination of water supplies which would be created by the subdivision. There will be no public health or safety hazards, such as dangerous traffic, fire conditions, or contamination of water supplies which would be created by the subdivision. **Revised 1 1 -15 -2011 STORMWATER MANAGEMENT PLAN COMMERCIAL SUBDIVISION DESIGN LAUREL, MT PREPARED FOR: O'REILLY AUTO PARTS LAUREL, MT September 2011 t i. m i .OPPEP , a . a it V c i N AL v: ( 1 , - -)\\ ( . 0: 1)- Kadrmas ri COPY Lee .. Project # 2611103 Jackson Engineers Surveyors Planners Contents Introduction 1 Stormwater Design Criteria 1 General Objective 1 Existing Site Conditions and Soil 1 Hydrologic Criteria 1 Stormwater Management Plan 2 Preliminary Design 2 Erosion Control Plan and BMP Selection 2 Exhibits Exhibit 1: Preliminary Site Plan Exhibit 2: NRCS Soils Data Exhibit 3: Retention Analysis ri COPY ilPage MIRODUCTIO 9 This stormwater management plan has been prepared as a tentative design document to provide recommendations and preliminary sizing of a retention facility for a two lot commercial subdivision located in Laurel, MT. The subdivision site is located in the southeast region of the City adjacent to interstate 90 (See Exhibit 1), and encompasses about 1.3 acres. STOR WATER DESIGN CRiTERiA General Objective For new commercial developments, the City of Laurel requires retention of the 10 -yr, 24 hour storm event. The City allows additional runoff from larger storm events or runoff from secondary storm events after on -site retention has been filled to discharge into the City's Storm drain facilities. For this project, on -site retention has been designed in the form of a retention pond. However, this is only a preliminary recommendation and should not be considered as the exclusive drainage solution. The final design could include any combination of equivalent retention pond or underground storage. Existing Site Conditions and Soil The existing site is undeveloped. Soil data was obtained from the USDA Natural Resources Conservation Services, "Web Soil Survey" (See Exhibit 2). The survey indicates predominately a well drained silty -clay throughout the site. Hydrologic Criteria Hydrological modeling for this study was completed using the Modified Rational Method (MRM). The MRM is the most common and accepted practice for hydrological analysis of small sites consisting of only a few acres. The MRM estimates the required storage volume for any possible storm duration from 0 to 24 hours, with the resulting largest volume being the design volume. See Exhibit 3 for the MRM hydrology analysis. The Montana Department of Environmental Quality (DEQ) specifies rainfall data as published in the Hydraulic Section of the Montana Department of Transportation (MDT) design manual. The 24 hour duration, 10 year probability storm event has a total design rainfall of 2.4 inches as specified by MDT. No other storm duration statistics for Laurel are published by MDT or DEQ. In this study it is assumed that rainfall intensities for other storm durations are similar to those specified in the City of Billings Stormwater Management Manual. See Exhibit 3 for rainfall intensity data used in this study. ri COPY Page 1 STORMWATER MANAGEMENT PLAN Preliminary Design An on -site retention pond has been sized for this project in accordance with the City of Laurel's drainage requirements. The design includes a 5 foot deep pond with a bottom area of 1,750 square feet a top area of 6,070 square feet and 4:1 side slopes. A maximum water surface depth of 4 feet is estimated for a 10 year storm event, leaving 1 foot of freeboard. A storm drain should be installed and connected to the City Storm Sewer in SE 4th Street. The storm drain pipe invert elevation in the pond would be placed at the 10 year water surface elevation. Runoff in excess of that produce by the 10 year storm event would be handled by the City's storm drain system. This is only a recommendation for initial subdivision review. If during final design it is determined that additional on -site space is required for parking, driveways, etc., the recommended retention volume could be provided with alternative storage in the form of a bolder pit, infiltration chambers or any combination of underground and above ground storage. Erosion Control Plan and BMP Selection For any construction activity disturbing more than 1.0 acre of land, federal law requires application for coverage under the National Pollutant Discharge Elimination System (NPDES) Construction General Permit. This involves preparing a Stormwater Pollution Prevention Plan (SWPPP), filling a Notice of Intent (NOI), and implementing Best Management Practices (BMPs) for erosion and sediment control throughout the duration of the project. Since this site will have a retention facility, there shouldn't be discharge and all sediment should be retained on -site. Selection of BMPs for this project will vary depending upon the method of retention that is selected with the final design. If a retention pond is installed, sediment could easily be excavated from the pond upon project completion. However, if underground retention is installed, it is critical to protect the facility from sediment as these types of facilities are not accessible for maintenance. At a minimum, filter fabric should cover each drainage inlet until construction is complete and landscaping is established. It is recommended to provide redundant protection in the form of straw bales or sand bags around the perimeter of each inlet. ri COPY Page 2 Soil Map — Yellowstone County, Montana M L m zo 0 674100 674160 674220 674280 674340 674400 674460 4 45° 40' 3.. 5' 40' 3" t i:1i1e O ,, F O 0 N L. N Y / N 4 f { GOi , yn I O ' • (_ . O N , N k i. 1 v. a +tom M t G i o t tom ':; A . Y O M I jy t L � . 0 css N W O W Y Zi; - ---- / Q O W N W O N 1 ._ _ . W W W N O O 0 0) o o W 0 45° 39' 45" , 45° 39' 44" 674100 674160 674220 674280 674340 674400 674460 P Lo Map Scale: 12,670 f printed on A size (8.5" x 11 ") sheet. M F 8, N Meters c o 0 25 50 100 150 0 v` \V feet 0 100 200 400 600 J n co p,, • 1. . 1,14 . Natural Resources Web Soil Survey - AMIE Conservation Service National Cooperative Soil Survey Page 011 age e 1 of 3 Soil Map — Yellowstone County, Montana MAP LEGEND MAP INFORMATION Area of Interest (AOI) 01 Very Stony Spot Map Scale: 1:2,670 if printed on A size (8.5" x 11") sheet. Area of Interest (AOI) W Wet Spot The soil surveys that comprise your AOI were mapped at 1:20,000. Soils . Other Soil Map Units Warning: Soil Map may not be valid at this scale. Special Line Features Enlargement of maps beyond the scale of mapping can cause Special Point Features Gully (2) Blowout misunderstanding of the detail of mapping and accuracy of soil line . Short Steep Slope placement. The maps do not show the small areas of contrasting ® Borrow Pit soils that could have been shown at a more detailed scale. . Other Clay Spot P lease rely map Political Features yon the bar scale on each ma sheet for accurate ma p * Closed Depression O cities measurements. ;P Gravel Pit Water Features Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Gravelly Spot Streams and Canals Coordinate System: UTM Zone 12N NAD83 Landfill Transportation This product is generated from the USDA -NRCS certified data as of ?t Lava Flow �++ Rails the version date(s) listed below. , . Marsh or swamp '.' Interstate Highways Soil Survey Area: Yellowstone County, Montana y; Mine or Quarry US Routes Survey Area Data: Version 8, Jan 6, 2010 lJ Miscellaneous Water Major Roads Date(s) aerial images were photographed: 7/12/2005 ® Perennial water rti Local Roads The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background v Rock Outcrop imagery displayed on these maps. As a result, some minor shifting ( Saline Spot of map unit boundaries may be evident. Sandy Spot — Severely Eroded Spot Sinkhole 3,, Slide or Slip y Sodic Spot Spoil Area U T 6: Stony Spot USDA Natural Resources Web Soil Survey 9/8/2011 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map — Yellowstone County, Montana Map Unit Legend Yellowstone County, Montana (MT111) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Lr Lohmiller silty clay, 0 to 1 percent slopes 28.2 91.3% Ls Lohmiller soils, seeped, 0 to 2 percent 2.7 8 slopes Va Vananda silty clay, 0 to 1 percent slopes 0.0 0.0% Totals for Area of Interest 30.9 100.0% USDA Natural Resources Web Soil Survey Conservation Service g 3 o f 3 National Cooperative Soil Survey Page 3 of 3 flcopv Map Unit Description: Lohmiller silty clay, 0 to 1 percent slopes — Yellowstone County, Montana Yellowstone County, Montana Lr— Lohmiller silty clay, 0 to 1 percent slopes Map Unit Setting Elevation: 1,900 to 6,000 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 37 to 45 degrees F Frost -free period: 120 to 135 days Map Unit Composition Lohmiller and similar soils: 85 percent Minor components: 15 percent Description of Lohmiller Setting Landform: Flood plains, terraces Landform position (three - dimensional): Tread Down -slope shape: Linear Across -slope shape: Concave, linear Parent material: Alluvium Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to trans/nit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in /hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 8.0 mmhos /cm) Sodium adsorption ratio, maximum: 10.0 Available water capacity: High (about 9.0 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability (nonirrigated): 4s Ecological site: Clayey (Cy) RRU 58A -C 11 -14" p.z. (R058AC041 MT) Typical profile 0 to 9 inches: Silty clay 9 to 42 inches: Stratified clay to silty clay loam 42 to 60 inches: Stratified silty clay loam to fine sandy loam Minor Components Haverson Percent of map unit: 6 percent Landform: Terraces, flood plains Landform position (three - dimensional): Tread Down -slope shape: Linear USDA Natural Resources Web Soil Survey 9/8/2011 miw Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Lohmiller silty clay, 0 to 1 percent slopes — Yellowstone County, Montana Across -slope shape: Linear, concave Ecological site: Clayey (Cy) RRU 58A -C 11 -14" p.z. (R058AC041 MT) Hysham Percent of map unit: 5 percent Landform: Flood plains, terraces Landform position (three - dimensional): Tread Down -slope shape: Linear Across -slope shape: Concave, linear Glenberg Percent of map unit: 4 percent Landform: Terraces, flood plains Landform position (three - dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site.: Silty (Si) RRU 58A -C 11 -14" p.z. (R058AC040MT) Data Source Information Soil Survey Area: Yellowstone County, Montana Survey Area Data: Version 8, Jan 6, 2010 USDA Natural Resources Web Soil Survey Conservation Service g 2o 2 National Cooperative Soil Survey Page 2 of 2 py C O'Reilly Auto Parts - SE 4th Street Laurel, MT Retention Analysis Site Parameters: Runoff Area (acres) Coefficient "C" Landscape 0.30 0.25 Hardscape 1.00 0.95 Total Area = 1.30 acres Weighted C = 0.79 Time of Concentration = 10.0 minutes Soil Infiltration Rate 0.13 in / hr (average estimate from Web Soil Survey) Infiltration Area (max) 5451 SF (w/ 1.0' of free board at end of storm) Infiltration Loss (max) 0.016 CFS (Infiltration Rate x Infiltration Area) Retention Volume Analysis using the Modified Rational Method w I- } INFLOW HYDROGRAPH 0 J Li OUTFLOW HYDROGRAPH Qin (MAX) 1 STORAGE VOLUME _ Qout (MAX) — — — — AREA BETWEEN CURVES .. ,e,' , .: . : „ / / . h, // /,,, / „�.%�i W G, !'s'- , , TIME ■ II Tc --0..-1 Tc T Td (STORM DURATION) INFLOW VOLUME (V_in) = Td * Qin (MAX) OUTFLOW VOLUME (V_out) = 1/2 * (Td + Tc) w Qout (MAX) STORAGE VOLUME (V_storoge) = V_In — V_out Modified Rational Method Hydrograph Storm Rainfall Qin (max) Qout (max) Vin Vout Vstorage Duration (hrs) Intensity (in /hr) (CFS) (CFS) (CF) (CF) (CF) 1 1.08 1.11 0.016 3985 34 3951 2 0.58 0.59 0.016 4280 64 4216 3 0.42 0.43 0.016 4649 94 4556 6 0.24 0.25 0.016 5314 182 5132 24 0.1 0.10 0.016 8856 714 8142 Exhibit 3, COPY Page 1 of 2 O'Reilly Auto Parts - SE 4th Street Laurel, MT Retention Analysis Pond Stage- Storage Volume Analysis Water Surface Incremental Cumulative Elevation Area (SF) Volume (CF) Volume (CF) 3284 1750 0 0 3285 2483 2117 2117 3286 3345 2914 5031 3287 4334 3839 6753 3288 5451 4893 8732 3289 6697 6074 10967 Volume Required = 8142 CF Volume Provided = 8732 CF (with 1.0' of freeboard) Pond Depth = 5 ft Maximum Water Depth = 4 ft (10 yr storm) Pond Side Slopes = 4 :1 Exhibit 3, C Page 2 of 2 ; s -....,- , t -, , ,� F r _ ., , -...,._,,.,0F_, --, LAuREL1 - _6.0,4 _CAF• p. Laurel Variance Request Application This application covers appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. The undersigned owner or agent of the owner of the following described property requests a variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of Montana. 1. Name of property owner: Carisch Brothers Limited Partnership 2. Name of Applicant if different from above: O'Reilly Automotive Stores, Inc. 3. Phone number of Applicant: 417 - 862 -2674 x1324 4. Street address and general location: 702 4 Street, Laurel, MT —at 4 and Bernhardt Rd. 5. Legal description of the property: See attached Exhibit A 6. Current Zoning: Highway Commercial 7. Provide a copy of covenants or deed restrictions on property. None existing I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of process, and that the fee does not constitute a payment for a variance. I also understand I or my agent must appear at the hearing of this request before the Planning Board and all of the information presented by me is true and correct to the best of my knowledge. Signature of Applicant:.. -'' ` - _. Charlie Downs Vice President of Real Estate Date of Submittal: 17 A/ / / Closing O'Reilly Auto Parts has sought to develop this somewhat irregular and difficult property in the most advantageous way for both the City and O'Reilly. We are looking forward to becoming a part of the Laurel community and thank you for your consideration of the requested variances for ou site development. We will be pleased to provide additional information as required for these variances. Proposed Development (see attached Site Plan) The proposed development will consist of our standard 6,366 square foot metal building with possible Nichiha Panels on the front, thirty -two parking spaces, a dumpster pad and all required landscaping. Landscaping The proposed landscaping will meet or exceed that required by City Ordinance and will visually enhance the quality of what is now vacant land. Zoning This site is zoned Highway Commercial which allows for use as a retail auto parts business. The adjoining property on the north is zoned Highway Commercial and the adjoining properties on the west are Highway Commercial. The property is bounded on the south by Interstate 90 and on the east by Bernhardt Road. Building Setback Variance The ordinances of the City of Laurel require a rear building setback of 10 feet. This is an irregular shaped lot with a pipeline easement running through the northwest corner. In order for the lot to accommodate the building and required parking, O'Reilly will require a variance of 2 feet in the rear building setback to 8 feet. O'Reilly believes it would not be detrimental to the property or surrounding area to grant a variance of 2 feet in the rear building setback to 8 feet. Parking Stall Variance The ordinances of the City of Laurel require that parking stalls be 10 feet x 20 feet. In order to place the required number of parking stalls on this building site, O'Reilly will require a variance in the parking stall size to 9 feet x 19 feet. If O'Reilly is required to place parking stalls that are 10 feet x 20 feet on the site, it will require a variance in the number of parking stalls required. Further, the standard parking stalls in most places does not exceed 9 feet x 20 feet, and we do not believe it would be detrimental to place 9 foot x 19 foot spaces on this site. Therefore, O'Reilly believes it is more efficient to place the required number of smaller parking stalls than to reduce the number of stalls in order to meet the size requirements. EXHIBIT A PROPERTY DESCRIPTION All that property situated in the City of Laurel, Montana being a portion of the amended Plat of Lot 6 -A, Block 2, Laurel Industrial Park Subdivision filed for record in the Official Records of Yellowstone County, Montana as Document Number 3391954, being more particularly described as the easterly portion of said Lot 6-Al, said parcel being more particularly described by the following courses and distances: *The parcel described herein is not a legal separate and saleable parcel and is described for purposes other than the transfer of title.* The Basis of Bearing for this description is the north line of the afore - described Lot 6-Al. BEGINNING at the northeast corner of said Lot 6-Al marked by a rebar with a 8377LS plastic cap, being the point of a non - tangent curve; thence southeasterly along a curve to the left, concave northeast, from which the radius point bears South 84 °27'03" East, 55.00 feet, through central angle of 63 °03'03 ", an arc distance of 60.52 feet to a point marked by a rebar with a 8377LS plastic cap; thence South 00 °42'33" East, 18.58 feet to a point on the north line of Interstate Highway 90, marked by a rebar with a 8377LS plastic cap; thence South 74 °32'37" West, 199.35 feet along the northerly right -of -way of said Interstate Highway 90 to a point marked by the northerly center edge of a concrete highway marker, being the point of a non - tangent curve; thence westerly along a curve to the left, concave south, from which the radius point bears South 15 °38'06" East, 5229.14 feet, through central angle of 00 °58'13 ", an arc distance of 88.56 feet more or Tess; thence North 00 °36'06" West, 148.40 feet more or Tess, to a point on the north line of afore - referenced Lot 6-Al; thence along the north line of said Lot 6-Al, South 89 °54'46" East, 253.36 feet to the POINT OF BEGINNING. Containing 26322 square feet or 0.673 acres, more or Tess. Said description by metes and bounds shall not supersede a description by Lot and Block. DESIGNATION OF AUTHORIZED AGENTS The undersigned owner of the property at 702 4 Street, Laurel, Montana, legally described as: All that property situated in the City of Laurel, Montana being a portion of the amended Plat of Lot 6-A, Block 2, Laurel Industrial Park Subdivision filed for record in the Official Records of Yellowstone County, Montana as Document Number 3391954, being more particularly described as the easterly portion of said Lot 6 -A1, said parcel being more particularly described by the following courses and distances: `The parcel described herein is not a legal separate and saleable parcel and is described for purposes other than the transfer of title.* The Basis of Bearing for this description is the north line of the afore - described Lot 6 -A 1. BEGINNING at the northeast corner of said Lot 6 -A1 marked by a rebar with a 8377LS plastic cap, being the point of a non - tangent curve; thence southeasterly along a curve to the left, concave northeast, from which the radius point bears South 84 °27'03" East, 55.00 feet, through central angle of 63 °03'03° an arc distance of 60.52 feet to a point marked by a rebar with a 8377LS plastic cap; thence South 00 °42'33" East, 18.58 feet to a point on the north line of Interstate Highway 90, marked by a rebar with a 8377LS plastic cap; thence South 74 °32'37" West, 199.35 feet along the northerly right -of -way of said Interstate Highway 90 to a point marked by the northerly center edge of a concrete highway marker, being the point of a non - tangent curve; thence westerly along a curve to the left, concave south, from which the radius point bears South 15 °38'06" East, 5229.14 feet, through central angle of 00 °58'13° an arc distance of 88.56 feet more or less; thence North 00 °36'06" West, 148.40 feet more or less, to a point on the north line of afore - referenced Lot 6 -A1; thence along the north line of said Lot 6-A1, South 89 °54'46 East, 253.36 feet to the POINT OF BEGINNING_ Containing 26322 square feet or 0.673 acres, more or less. Said description by metes and bounds shall not supersede a description by Lot and Block. hereby designates O'Reilly Automotive Stores, inc. (Contract Purchaser) as its authorized agent with the power and authority to do all things that may be required to apply for and obtain a building setback variance and parking stall variance of the said property including, but not limited to, completion and execution of an application, receipt of notices, execution of acknowledgments, attendance and presentations of evidence at all hearings and execution of agreements. Carisch Brothers Limited Partnership 100 Farm View Lane Bozeman, MT 59715 406- 581 -6121 By: Gerald F. Carisch Its: President Authorized Agent(s): O'Reilly Automotive Stores, Inc. 233 S. Patterson Springfield, MO 65802 Telephone #417- 862 -2674 X1324 Subdivision Improvements Agreement THIS AGREEMENT, made and entered into this _ day of 2011, by and between Carisch Brothers LP, whose address for the purpose of this agreement is 681 Lake Street East, suite 262, Wayzata, MN 55391 -1757, hereinafter referred to as "Subdivider ", and the City of Laurel, Montana hereinafter referred to as "City" Witnesseth Whereas, at a regular meeting conducted on day of 2011, the City Council /County Commissioners conditionally approved a preliminary plat of Amended Plat of Lot 6-Al , Block 2, Laurel Industrial Park Subdivision; and Whereas, a Subdivision Improvements Agreement is required by the "City prior to the approval of the final plat. Whereas, the provisions of this agreement shall be effective and applicable to Figgins Subdivision Second Filing upon the filing of the final plat thereof in the Office of the Clerk and Recorder of Yellowstone County, Montana. The Subdivision shall comply with all requirements of the city of Laurel Subdivision Regulations, the rules, regulations, policies, and resolutions of the City of Laurel, Yellowstone County, and the laws and administrative rules of the State of Montana. THEREFORE, THE PARTIES TO THIS AGREEMENT, for and in consideration of the mutual promise herein contained and for other good and valuable consideration, do hereby agree as follows: I. VARIANCES A. Subdivider has not requested any variances from the strict interpretation of these Subdivision Regulations: II. CONDITIONS THAT RUN WITH THE LAND A. Lot owners should be aware that this subdivision is zoned for Highway Commercial use and is being divided for commercial development. B. There is attached hereto a Waiver waiving the right to protest the creation of the special improvement district or districts, which by this reference is expressly incorporated herein and made as much a part hereof as though fully and completely set forth herein at this point. The Waiver will be filed with the plat, shall run with the land, and shall constitute the guarantee by the Subdivider and property owner or owners of the development described herein. Said Waiver is effective upon filing and is not conditioned on the completion of the conditions set forth in this Agreement. The Subdivider and owner specifically agree that they are waiving valuable rights and do so voluntarily. III. TRANSPORTATION A. Streets • 60 feet wide existing public road adjacent to the north side of property. • Paved streets built to city Standards. B. Sidewalks • There are existing sidewalks along the north side of property (SE 4 Street). C. Street Lighting • There is no lighting planned at this time. D. Traffic Control Devices • This will be adjacent to existing road and no new devices will be required. E. Access • There will be a restriction on the minimum distance an approach may be placed on the existing road near the 15 MPH curve on the existing public street near the northeast corner of the proposed easterly lot. F. Bike or Pedestrian Trail Plans • This area is not in the plan area. G. Public Transit • Does not apply in this area. IV. EMERGENCY SERVICE 11 rC r�� Fire suppression will be served by existing tire hydrants and the Laurel Fire Department. V. STORM DRAINAGE This will be addressed in the DEQ submittal. It will be retained on site by the use of appropriate berms, swales or underground storage which may be constructed on the lots as they are developed. VI. UTILITIES A. Water This subdivision will be served by the City of Laurel water system B. Sanitary Sewer Commercial Wastewater Collection and Treatment System: The site is served by an existing sanitary sewer running adjacent to the north side of both lots and east side of the easterly lot Due to a conflict with the 50 inch storm sewer system, individual pumps will be require to pump the sewer over the top of the storm drain. C. Power, Telephone, Gas and Cable Television • All services to be located within the a public access and utility easement or other easements reserved for utilities. VII. Noxious Weeds All noxious weeds on the latest Yellowstone County Noxious Weed List must be controlled on all properties in this subdivision. A Noxious Weed Plan must be filed and updated annually for approval by the Yellowstone County Weed Board. It must contain the noxious weeds being addressed and the plan for control of those weeds. All cost of noxious weed control is the responsibility of the property owners (of record). The Right -of -Way weed control is the responsibility of the Subdivider. VIII. Restoration of Construction Sites The Subdivider agrees to provide restoration of construction sites disturbed during construction of the improvements outlined herein, using a seed type, fertilizer and rate of application as authorized by the Yellowstone County Weed Di strict. IX. PARKS /OPEN SPACE There is no parkland requirement for proposed Amended Plat of Lot 6 -A 1 Block 2 laurel Industrial Park Subdivision, as this is a minor subdivision [(MCA 76-3 - 617(3)(a)]. X. IRRIGATION The Irrigation District will not be affected by the proposed development. XI. SOILS /GEOTECHNICALSTUDY This site has soils in the Lohmiller series. It is stated to have low bearing capacity; moderate shrink —swell potential; moderately slow permeability; seasonal high water if irrigated per the soil survey of Yellowstone County, Montana 1972. XII. FINANCIAL GUARANTEES Except as otherwise provided, Subdivider shall install and construct said required improvements with cash or by utilizing the mechanics of a special improvement or private contracts secured by letters of credit or a letter of commitment to lend funds from a commercial lender. All engineering and legal work in connection with such improvements shall be paid by the contracting parties pursuant to said special improvement district or private contract, and the improvements shall be installed as approved by the Public and Public Utilities Department. XIII. LEGAL PROVISIONS A. Subdivider agrees to guarantee all public improvements for a period of one year from the date of final acceptance by the AGB. B. The owners of the properties involved in this proposed Subdivision by signature subscribed herein below agree, consent and shall be bound by the provisions of this Agreement. C. The covenants, agreements, and all statements in this Agreement apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. D. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or party giving notice shall be entitled to reasonable attorney fees and costs. E. Any amendments or modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. F. Subdivider shall comply with all applicable federal, state, and local statutes, ordinances and administrative regulations during the performance and discharge of its obligations. Subvivider acknowledges and agrees that nothing contained herein shall relieve or exempt it from such compliance. IN WITNESS WHEREOF, the parties hereto have set their hands and official seals on the date first above written. "Subdivider" Carisch Brothers LP, Gerald F. Carisch, CEO STATE OF MONTANA ) :ss County of Yellowstone ) On this day of , 2011, before me, a Notary Public in and for the State of Montana, personally appeared Gerald F. Carisch, known to me to be the Subdivider who executed the foregoing instrument and acknowledged to me that he /she executed the same. Notary Public in and for the State of Montana Printed Name: Residing at: My commission expires: This agreement is hereby approved and accepted by the "City, this day of ,201 . "CITY" CITY OF LAUREL, MONTANA By: Mayor Attest: City Clerk Waiver of Right to Protest For VALUABLE CONSIDERATION, the undersigned, being the Subdivider and all of the owners of the hereinafter described real property, do hereby waive the right to protest the formation of one or more special improvement district(s) for street light maintenance and energy, and for the construction of streets, street widening, sidewalks. survey monuments, street name signs, curb and gutter, street lights, driveways, traffic signals and traffic control devices, park and park maintenance, trails, sanitary sewer lines, water lines, storm drains, (either within or outside the area), and other improvements incident to the above which the City of Laurel may require. This Waiver and Agreement is independent from all other agreements and is supported by sufficient independent consideration to which the undersigned, their successors and assigns, and the same shall be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana. The real property hereinabove mentioned is more particularly described as follows: Amended Plat of Lot 6 -Al, Block 2, Laurel Industrial Park Subdivision Signed and dated this day of , 2011. "Subdivider" Carisch Brothers LP, Gerald F. Carisch, CEO STATE OF MONTANA ) : ss County of Yellowstone ) On this day of , 2011, before me. a Notary Public in and for the State of Montana, personally appeared Gerald F. Carisch, known to me to be the Subdivider /Owner and the person who executed the forgoing instrument and acknowledged to me that he executed the same. [N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for the State of Montana Printed Name: Residing in My commission expires: Preliminary Plat of 1 AMENDED PLAT OF LOT 6 —A1 BLOCK 2 LAUREL INDUSTRIAL I I PARK SUBDIVISION BEWR All PARK SUBDIVISION, 6-A1, , N E 2. AMENDED PLAT . S LOO 6TO• BLOC 2 LAUREL tor a. Ise 2 INDUSTRIAL I vuen :wrier .. INDUSTRIAL SUBDIVISION, W THE CITY OF LAUREL, YELLOWSTONE COUNTY MONTANA I 1 05 PREPARED 008. PARED BR; so uxmNRx uc noon. 9w.[e9r 0 Aubmaive. Inc. I[ADRM 5. LEE k .SAMSO INC e g _ _ 5y PRE L *0 65802 26 E WBEl SIB ORS. P LANNERS , 4 I B(0113609. MONTANA 59102 1 um 11111 11111 P P Site Data -- Gross Nrea9e: 1.300 Acre, NI I I i a Legend Or Oeddoted Rene x 0020 .9,.. 1 ' ^' l 1 0 Acres r �i [DUw .xwE.n CORK* Acreage: I. k.es 7 _ I [ Met Acr of Las: bo / � , � rlxi — — xx r ( Lot / ' 4<�' OM 00[ Lel 2 ;I Acres a ` / / 9 ! OM vrvE BNBmAE EExt( Nee of Parkland: D N9e, / ,0e.,:: s ^ g o fix i AR uwxME - Nxa[RGRa0x0 raEPRNx(E 1 P. 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