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HomeMy WebLinkAboutResolution No. R25-79 RESOLUTION NO. R25-79 RESOLUTION OF THE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF THE PROPERTY LEGALLY DESCRIBED AS PARCEL 1A OF CERTIFICATE OF SURVEY 3034, AMENDED (24), BEING THE PROPOSED CHERRY HILL SUBDIVISION, 4TH FILING,ADJACENT TO THE CITY OF LAUREL, AS AN ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA, WITH INITIAL ANNEXATION AND CONCURRENT APPROVAL OF ZONING DESIGNATION UPON ANNEXATION OF THE PROPERTY. WHEREAS, Morrison-Maierle, Inc., on behalf of the property owner, Robert Stoltz (hereinafter"Petitioner"), submitted a Petition for Annexation, Request for Initial Zoning, and Preliminary Plat Application for the Cherry Hill Subdivision, 4th Filing, consisting of approximately 18.07 acres; WHEREAS,the property is legally described as S08, T02S, R24E, C.O.S. 3034, Parcel IA, AMD (24), Yellowstone County, Montana, generally located west of Cherry Hills Drive and West Maryland Lane; WHEREAS,the proposed Cherry Hill Subdivision,4th Filing,consists of 48 residential lots; WHEREAS,the current zoning designation is County Residential Tracts,and Petitioner seeks annexation and concurrent zoning as Residential 7500 (R-7500); WHEREAS,pursuant to the City of Laurel's Annexation Policy,the City Council shall consider various criteria when reviewing a Petition for Annexation; WHEREAS, the Laurel City-County Planning Board/Zoning Commission held a duly advertised public hearing on August 20, 2025, and unanimously recommended approval of the Initial Annexation, Initial Zoning, and Preliminary Plat with stated conditions; WHEREAS,the City Council of the City of Laurel held a duly advertised public hearing on the 9th day of September, 2025 at 6:30 p.m. regarding Petitioner's request for Initial Annexation, Initial Zoning, and Preliminary Plat with stated conditions; WHEREAS, the City Council finds that annexation of the property is consistent with the City's Annexation Policy, Growth Policy,and surrounding land uses, and that the proposed zoning designation of R-7500 is appropriate and consistent with adjacent zoning; and WHEREAS, the City Council further finds that all statutory and ordinance requirements, including public notice, have been met and that annexation will allow extension of City services, including water, wastewater, and streets,to the subject property. R25-79 Approval of Preliminary Plat of Cherry Hill Subdivision, Initial Annexation, and Concurrent Zoning NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. The following described territory is hereby approved for Preliminary Plat approval for Cherry Hill Subdivision 4th Filing and initial annexation to the City of Laurel: 508, T02S,R24E,C.O.S. 3034,Parcel IA,Amended(24),consisting of 18.07 acres,together with all contiguous rights-of-way. 2. Upon final annexation of the property, the property shall be zoned as Residential 7500 (R-7500). 3. The final annexation is conditioned upon execution of an Annexation Agreement, Waiver of Right to Protest, and a Development Agreement, which terms are incorporated by reference herein. 4. All recommended mitigations and conditions identified by the Laurel City-County Planning Board, including but not limited to infrastructure improvements, stormwater management, geotechnical reporting, and weed management, shall be required as conditions of approval. 5. All required documents, including this Resolution, shall be filed with the Yellowstone County Clerk& Recorder within ninety (90) days of approval. 6. Connections to City of Laurel water, sewer, and street systems shall be approved by the City's Public Works Department. 7. Construction and installation of public improvements must be completed within two years of annexation or bonded at 125% of estimated cost, in accordance with Laurel Subdivision Regulations. 8. All improvements shall conform to City of Laurel and Montana Public Works standards. 9. Compliance with all mitigation measures and subdivision conditions set forth in the staff report and Planning Board recommendations, including requirements of the Montana Department of Environmental Quality and the Laurel Department of Public Works. 10. Submission of site-specific geotechnical reports prior to issuance of building permits for residential structures. 11. The property's Final Plat must be submitted within 3 years of the date of this Resolution, including with an approved Subdivision Improvement Agreement, a Waiver of Protest that includes participating in the cost to construct a bridge over the Big Ditch Irrigation R25-79 Approval of Preliminary Plat of Cherry Hill Subdivision, Initial Annexation,and Concurrent Zoning Canal, and all necessary documents for the Final Plat to be recorded with the Yellowstone County Clerk and Recorder. The Mayor and City staff are authorized and directed to execute all documents necessary to effectuate the approval of the Preliminary Plat,Initial Annexation,and Initial and Concurrent Zoning Designation. This Resolution shall be incorporated into the official minutes of the City Council, and the City Clerk-Treasurer shall file a true and correct certified copy of this Resolution and Meeting Minutes with the Yellowstone County Clerk and Recorder. Introduced at a regular meeting of the City Council on the 91h day of September 2025, by Council Member Canape. PASSED and APPROVED by the City Council of the City of Laurel the 9th day of September 2025. APPROVED by the Mayor the 9ch day of September 2025. CITY OF LAUREL Dave Waggoner, ayor I OF(qG ATTEST: ^�'• •' ell e tr , Clerk-Treasurer �,,CDU�N ��,�.�` APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R25-79 Approval of Preliminary Plat of Cherry Hill Subdivision, Initial Annexation,and Concurrent Zoning J J ril[rlr tl A � R [a J J LAUREL CITY-COUNTY PLANNING DEPARTMENT ZONING COMMISSION RECOMMENDATION TO: Laurel City Council FROM: Laurel-Yellowstone Planning Board and Zoning Commission RE: Annexation, Initial Zoning, and Preliminary Plat of the Cherry Hill Subdivision, 4tn Filing DATE: August 26, 2025 Morrison-Maierle has submitted an annexation application, request for initial zoning and preliminary plat application for the Cherry Hill Subdivision, 4thFiling on behalf of the property owner/developer. The proposed Cherry Hill Subdivision 4thFiling is a 48-lot residential subdivision located on property west of Cherry Hills Drive and W. Maryland Lane in north-west Laurel. Approval of annexation and zone change would bring 18.07 acres of land into the City of Laurel and enable the proposed Cherry Hill Subdivision, 4thFiling to connect to the City water, wastewater, and street system. Agent: Martin Gagnon PE—Morison —Maierle Inc Owner: Robert Stoltz Legal Description: S08, T02 S, R24 E, C.O.S. 3034, PARCEL 1A, AMD(24) Address: Approximately 1800 West Maryland Lane Parcel Size: 18.07 acres Existing Land Use: Agricultural, vacant. Proposed Land Use: Residential Subdivision, 48 Lots Existing Zoning: County- Residential Tracts Proposed Zoning: Residential 7500 (R-7500) L77--- BACKGROUND AND PROCEDURAL HIST60RY • April 16, 2025 - Pre-Application meeting with Morrison-Maierle and City/County Staff • July 2, 2025 — Cherry Hill Subdivision, 4thFiling Annexation application and preliminary plat application submitted to the City. • July 2-7, 2021—Element Review letter to Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were present in the application. 1 • July 15, 2025 — Sufficiency Review letter to Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were deemed sufficient to move the application forward. Certain comments were noted by the Planning Director from city various departments. • August 20, 2025 —A Public Hearing is scheduled by the Planning Board on the proposed Annexation, Initial Zoning, and Subdivision applications. 1. Applicant has submitted an application for annexation and preliminary plat containing all the necessary components needed for both to move forward. a. The annexation petition is consistent with the City of Laurel Annexation Policy. b. The requested Zoning Assignment is R-7500. i. The R-7500 assignment is consistent with the Growth Policy, surrounding land uses, zoning, and is the minimum required by the Laurel Annexation Policy. 2. Applicant has provided additional details of subdivision plans and documents where necessary. 3. Applicant has worked with multiple city departments to determine effectiveness of the proposed utilities for the property. 4. Applicant has provided updated documents whenever required by City departments. 5. City staff determined that the applications for annexation and preliminary plat were sufficient to move forward to Planning Board and City Council. 6. City staff have found only minor issues with the applications that require conditions of approval prior to the final plat approval stage. 7. The public noticing requirements of LMC 16.03.030 have been met. LMC Chapter 16.03.040 -Staff and Agency Review: A. Review Procedure Schedule. Upon receipt of a complete and sufficient major preliminary plat application, the planning director or designee shall schedule the plat before the city- county planning board. B. Submittal Distribution. Planning staff shall distribute the application to all affected city and county departments, local, state, and federal agencies, school districts and public utilities for review as appropriate and indicate the review timeframe. Failure of any agency to complete a review of a plat will not be the basis for denial of the plat by the AGB. C. Plat Review. The planner shall review the major subdivision plat submittal and make a staff report of issues, concerns, conditions, or recommendations and send out the list to the planning board members with the agenda of the meeting at which the plat is to reviewed; a copy must also be sent to the subdivider or his representative. 2 D. Hearing Notice. The planning board shall hold a public hearing on all major and applicable subsequent minor preliminary plat applications, placing a notice in a newspaper of general circulation in Laurel not less than fifteen days prior to the date of a public hearing. The planner shall also notify the subdivider and each property owner of record, and each purchaser under contract for deed of record of property immediately adjoining land included in the plat and located within three hundred feet of the proposed subdivision by certified mail not less than fifteen days prior to the date of hearing (MCA§ 76-3-605(3)). E. Planner's Report.The planner shall prepare a draft findings of fact (the effect on agriculture, agricultural water user facilities, local services,the natural environment, wildlife and wildlife habitat, and public health and safety as per MCA§76-3-608(3)(a))for review by the planning board.The planner shall also forward the recommendation of the planning board to the AGB including basis for such recommendation and its compliance with adopted Growth Management Plan, the Bike/Ped Plan, and other adopted city and county plans and policies in writing no later than ten days after the public hearing (MCA § 76-3-605(4)). F. Subsequent Hearing. Before acting on the subdivision application, the AGB shall determine whether, subsequent to the public hearing, new information has become available or information that the public has not had a reasonable opportunity to examine. If so, the AGB may act on the subdivision application in accordance with this chapter or schedule a subsequent public hearing for consideration of only the new information that may have an impact on the findings and conclusions that the AGB will rely upon in making its decision on the proposed subdivision.The AGB may chose to hold the subsequent public hearing or may direct the planning board to hold it. In either case, the subsequent public hearing shall be held at the next scheduled meeting for which proper notice for the public hearing on the subdivision application can be provided. If a subsequent hearing is held,the sixty- or eighty-day working day review period is suspended, and the new hearing must be noticed and held within forty-five days of the AGB's determination to hold a subsequent public hearing.The sixty- or eighty-working day review period will resume from the date of the subsequent public hearing. The governing body may not consider any information that is presented after the subsequent hearing (MCA § 76-3-615). G. Subdivider's Preference.The AGB shall give due weight and consideration to the subdivider's expressed preferences if the AGB requires mitigation of significant adverse impacts (MCA § 76- 3-608(5)(b)). In reviewing a subdivision and when requiring mitigation, the AGB may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the plat (MCA §76-3-608(5)(a)). The AGB shall send the subdivider written notice of its decision and the reason therefore. (MCA § 76-3-608(4)). 3 (— --------------- RECOMMENDATIONS - __- I Advisory Recommendations to the City Council: 1. The Planning Board encourages the City Council to use the Cash-in-lieu of Parkland for the 4th Filing to improve the dedicated Parkland associated with the Cherry Hill Subdivision developments. Such improvements could include, irrigation systems and playground equipment. 2. That the City Council accept the offer to prepare all of the documentation to create a Special Improvement District for the installation of the bridge across the Big Ditch. The Planning Board recognizes that there are significant challenges that must be overcome, but the east -west connection of West Maryland and NW Maryland from 1st Ave to Golf Course Road are crucial to the future growth and development of the City of Laurel. 3.- That the City Council accepts the minor street design modifications and allow for curb walk in those portions of the subdivision where the road network is located within regulated wetlands. This minor modification has been requested by the US Army Corps of Engineers and would require that the owners within the 4th filing ensure that the snow is removed from the sidewalks in addition to their individual lots. The Planning Board recommends that the City Council approve the Annexation and Initial Zoning, and Preliminary Plat of the proposed Cherry Hill Subdivision, 4thFiling to Residential R-7500 with the following conditions. 1. The Annexation Agreement, Waiver of Right to Protest, and the City Council Resolution approving annexation shall be filed with the Yellowstone County Clerk & Recorder within 90-days of annexation approval. 2. All recommended mitigations contained in the subdivision application and supporting materials submitted for public review shall be required for Final Plat approval. 3. The Final Plat, plans and specifications shall substantially comply with what has been submitted and reviewed during preliminary plat review. The only exceptions would be to comply with stricter requirements in the MDEQ approval or imposed by the Laurel City Council either by condition or adopted city ordinance. 4. All construction and installation of public improvements must conform to the standards of the Laurel Department of Public Works and Montana Public Works standards. 5. All construction and installation of public improvements must be completed within two years of annexation or bonded for as provided by the Laurel Subdivision Regulations. 6. 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. 7. As discussed in the geotechnical report, the soils within the subdivision are variable and not well suited for standard construction protocols. As such, any construction of public infrastructure or residential structures on the resulting lots will first require site specific geotechnical reports prior to the start of construction. In the case of residential 4 construction, a building permit should not be issued until a site-specific geotechnical report has been prepared and submitted along with the building permit application. The Planning Board recommends that the City Council approve the preliminary plat for the Cherry Hill Subdivision 4thFiling with the following conditions: 1. The Preliminary Plat and supporting water and wastewater design will be approved by Montana Department of Environmental Quality (MDEQ). 2. The Preliminary Plat, Subdivision Improvements Agreement, and City Council Resolution granting approval shall be filed with the Yellowstone County Clerk & Recorder within 90- days of preliminary plat approval. 3. The Roadways and Right-of-Ways shall be constructed to the specifications presented in the plat plan and supporting documentation except as modified by these conditions. 4. This Preliminary Approval shall be valid for 3 calendar years from the date of approval. 5. Hydrant flow tests must be approved by the City and its contracted engineer. 6. Verification must be provided to the City for the water modelling noted by the engineer in the field 7. Water model exhibits must be provided to and approved by the City showing the system characteristics and modeled properties compared to measured properties 8. Wastewater/Sewer analysis must be provided to and approved by the City. 9. A map of pre-developed stormwater conditions including the boundary, routing, and calculations must be provided to and approved by the City. 10. Water quality storm volumes and calculation sheets shall be provided to the City. 11. Any construction of public infrastructure or residential structures on the resulting lots will first require site specific geotechnical reports prior to the start of construction. In the case of residential construction, a building permit should not be issued until a site-specific geotechnical report has been prepared and submitted along with the building permit application. 12.The conditions of the Geotechnical report shall be followed during the construction of the public infrastructure. 13. A Weed Management Plan shall be prepared for the project and approved by the Yellowstone County Weed District. - ATTACHMENTS Annexation and Zone Change: 1. Annexation Application cover Letter 2. Annexation Application Form 3. Annexation Agreement 4. Waiver of Right to Protest Cherry Hill Subdivision,4thFiling: 1. Cover Sheet 2. Preliminary Plat Application 5 3. Adjacent Property owners list 4. Draft Subdivision Improvements Agreement 5. Environmental Assessment 6. Traffic Impact Study 7. Lot Layout 8. Geotechnical Report 9. Subdivision Bylaws 10. Homeowners Association Bylaw 11. ROW Easement documents 12. LMC 16.03—Subdivision Review Procedures 13. LMC 16.04— Development Requirements 14. KU. Inc Preliminary Plat Review Comments letter(July 2025) 6 J J 115W HALL 628-4796 City Of Laurel , PLANNING I� WATER OFC.:628-7431 P.O. Box 10 I A COURT:628-1964 FAX 628-2241 Laurel,Montana 59044 J J J Office of the City Planner PUBLIC HEARING NOTICE The Laurel—Yellowstone City-County Planning Board and Zoning Commission will conduct a public hearing on Wednesday,August 20, 2025,on the following applications. The meeting will begin at 6:00 p.m. in the City Council Chambers at City Hall, 115 West First Street, Laurel, Montana. 1. Proposed Annexation,Initial Zoning and Preliminary Subdivision Approval forthe proposed Cherry Hill 41h Filing,a major subdivision. Cherry Hill 4th Filing is a proposed 48-lot residential subdivision located on property west of Cherry Hills Drive and W. Maryland Lane in north-west Laurel. Approval of annexation and R-7500 Initial Zoning would bring 18.07 acres of land into the City of Laurel and enable the proposed Cherry Hills Subdivision, 4thFiling to connect to the City water, wastewater, and street system.The application was submitted by Morrison-Maierle Engineering on behalf of the owner/subdivider. The property may be described as Section 08, Township 02 South, Range 24 East, C.O.S. 3034, PARCEL 1A, AMD(24). Public comment is encouraged and can be provided in person at the public hearings on August 20' and again at the City Council meeting on September 91h. Public comment can also be made via email to the Planning Director,or via letter to the Planning Department office at 115 West Vt Street Laurel, MT 59044. A copy of the applications and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5302, or via email at cityplanner@laurel.mt.go_v.