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HomeMy WebLinkAboutCity/County Planning Board Minutes 06.04.2014 MINUTES LAUREL CITY - COUNTY PLANNING BOARD June 4, 2014 6:00 pm Council Chambers MEMBERS PRESENT: Kathy Siegrist, Chairman Dan Koch, City Rep. Judy Goldsby, County Rep. Shirley McDermott, City Rep. Hazel Klein, City Rep. Lee Richardson, County Rep. (arrived at 6:10 pm) Greg Nelson, Member at Large (arrived at 6:40 pm) OTHERS PRESENT: Monica Plecker, City Planner Cheryll Lund, City Secretary Gary Colley, City Building Official John Smith, Airport Authority Craig Canfield, KU Engineers Jim Cotter James Slehofer, D & J Surveying Chairman Siegrist brought the meeting to order at 6:00 pm. Because there was at lack of a quorum (until 6:10 pm when Lee Richardson arrived) Chairman Siegrist asked Craig Canfield from KU Engineering to give his presentation on the Airport Affected Areas at this time. New Business: Presentation on Airport Affected Areas by Craig Canfield from KU Engineering Craig Canfield introduced himself. Craig stated he is here to talk about regulations that the Laurel Airport needs to put into place to help protect the air space around the airport. He introduced Dr. John Smith who is the Chairman of the Airport Authority and has been involved with the airport since 1968. Craig's engineering background is mainly working with airports. He has been working with Dr. Smith on the Laurel airport since 1988. The Laurel Airport is managed and run by the Laurel Airport Authority. It is not owned by the City of Laurel and the City does not own the land but there is a connection between the City of Laurel and the Airport Authority. Prior to the Airport Authority being created the Airport was managed and operated by both the City of Laurel and the Airport Commission. In 1981 the City of Laurel passed a Resolution which created the Laurel Airport Authority. This allowed the Airport Authority to run the airport and to fund it. 1 The advantage for the City is they do not have to get involved in the day to day operation of the airport. The advantage for the Airport Authority is that they get to own the land, purchase their own insurance, enter into their own contracts and sign their own contracts. They can operate and maintain the airport without having to come to the city for every nickel and dime they need. The Airport Authority can develop their own regulations for the operations and assurance that the land uses around the airport are compatible with airport operations. The City of Laurel appoints members to the Airport Authority and reviews and approves the airport budget on an annual basis. Craig passed out a map showing the Airport Affected Area. The Airport Authority needs to have some Airport Affected Area (AAA) regulations put into place. At this time there are Airport Zoning regulations in Chapter 17.28 of Laurel Municipal Code but they are outdated and in need of replacing. The Airport Compatibility Act (Montana Code Annotated 67 -7) gives airports the ability to put regulations into place that help promote public safety, the health and general welfare of those using the airport as well as the property owners that reside within the vicinity of the airport. The Airport Affected Area (AAA) regulations purpose is to: • Protect airspace and aeronautical environment in the vicinity of the airport; • Protect the airport from land -uses which could pose a hazard to air navigation; and, • Protect the airport from personal and property claims such as noise and dust. The Airport Authority would like the City of Laurel to require a permit within the Airport Affected Area (AAA) when: • Construction height is more than 35 feet tall; • Construction of a new structure is within the existing ground penetration areas show in pink on the map; and • If a land use within the Airport Affected Area changes. Administration of the Airport Affected Area will be a joint effort of the Airport Authority and the Laurel Planning Department • Permit is submitted to the City Planner; • Initial review /determination is to be made by Planner; and, • Any further review is done by the Laurel Airport Authority. Lee Richardson arrived at the meeting at 6:10 pm. Property owners would submit an application to the Planning Department. • Basic information to include location, height and land use; and • A GIS overlay application will be used to evaluate a proposal. Administration will: • Deny /approve application or conditionally approve; 2 • Blanket approval could be submitted for larger subdivision proposals; • If denied proponent can appeal through an Appeals Board which will be developed by a board appointed by both the Airport Authority and the City of Laurel. Existing and non - conforming • No removal will be done of existing non - conforming uses; • Reconstruction of structure which is a non - conforming use after deconstruction may be prohibited. The next step in this procedure is to develop a draft of Airport Affected Area regulations after which there would be a public hearing before the Planning Board. The City Council after their own review would then adopt the regulations. Craig thanked the Planning Board for listening to his presentation on the Airport Area of Influence. Board Member roll call: Those present were Dan Koch, Judy Goldsby, Lee Richardson, Shirley McDermott, Hazel Klein and Kathy Siegrist. Public comment on non - agenda topics: There was none. Approval of Minutes A motion was made by Hazel Klein, seconded by Dan Koch to approve the minutes of the May 1, 2014 meeting. The motion carried by a vote of 6 -0. (Chairman Siegrist voted) New Business: Public Hearing — Serenity Subdivision Chairman Siegrist read the new public hearing rules to the board and audience and opened the public hearing at 6:35 pm. City Planner Monica Plecker spoke regarding the application for preliminary plat for Serenity Subdivision. A preliminary plat for Serenity Subdivision has been applied for by land owner Jim Cotter. The land contains 4 lots on approximately 3.319 acres of land for residential development. The subject property is located east of Fir Avenue and North of 8 Street. The property is located in a portion of Yellowstone County. The property is located outside of the city limits of Laurel and annexation is not being petitioned for. No variances have been requested but staff recommended 5 conditions of approval. 1. All public improvements shall be built to Montana Public Work Standards and to the specifications made in the Subdivision Improvements Agreement (SIA) provided with the application for preliminary plat. 2. To minimize effects on local services, utility easements shall be provided on the final plat. 3. Minor changes may be made to the SIA and final documents, as requested by the Planning, Legal or Public Works Department to clarify the documents and bring them into the standard acceptable format. 4. To minimize the effects on the natural environment, a weed management plan and property inspection shall be approved by the County Weed Department, prior to final plat approval. 3 5. The final plat shall comply with all requirements of the Laurel- Yellowstone City- County Planning Area Subdivision Regulations, rules, regulations, policies, and resolutions of the County of Yellowstone and the law and Administrative Rules of the State of Montana. Procedural History: • A pre - application meeting was conducted with Planning Staff for the proposed subdivision on May 28, 2014. • The preliminary plat pre - application sufficiency and completeness review was done and submitted to the owner's agent. • The City County Planning Board has noticed a public hearing for June 4, 2014. Plat Information: James M. Cotter, Sr. applied for preliminary plat approval for Serenity Subdivision. The proposed subdivision contains 4 Tots on 3.319 acres of land for residential development. The subject property is located east of Fir Avenue and North of 8 Street. The property is located in a portion of Yellowstone County. General Location: East of Fir Avenue and North of 8 Street Legal Description: Lot 11 -A of Nutting Brothers Sub. 2 Filing Subdivider and Owner: James M. Cotter, Sr. Engineering and Surveyor: Owner has dismissed and is using D & J Surveying as a representative Existing Zoning: Residential Tracts Existing Land Use: Single Family and Agriculture Proposed Land Use: Single Family Dwellings Gross Area: 3.319 Acres Proposed # of Lots: 4 Lot Sizes: 12,928 sq. ft. —1.02 acre Parkland Requirements: Parkland requirement was satisfied with initial subdivision. Proposed Findings of Fact: The Findings of Fact for the preliminary plat of Serenity Subdivision have been prepared by the Laurel City- County Planning Department staff for review by the City /County Planning Board. 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. 4 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. The proposed Serenity Subdivision will have no impact on agriculture. The 3.319 acre subdivision site is currently used as residential tracts. It is surrounded on three sides by land that is zoned residential tracts. 2. Effect on local services. a. The subdivision improvements agreement has provided detailed information regarding: • Water • Sanitary sewer • Storm drainage • Streets 3. Effects on the natural environment The proposed subdivision is proposed as a 4 lot subdivision. The development is proposed to have single family dwellings. The property has a zoning designation of Residential Tracts. 4. Effects on wildlife and wildlife habitat There are no known endangered species or critical game ranges on site. Due to the history of residential use and adjacent residential use, it provides little wildlife habitat. Little cover and shelter is available for wildlife species in the area. 5. Effects on public health and safety There are no adverse effects on public health and safety. A geotechnical was provided and is attached to the application. There were no significant findings. B. Was an Environmental Assessment Required? (76 -3 -603, MCA) (Section 16.9 LYCCPASR) An environmental assessment was not required with the application. 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 LYCCPASR. 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 subdivision conform to sanitary requirements? (Section 3(C)(e) LYCCPASR) 5 A joint subdivision application was submitted to the Department of Environmental Quality. The lots are proposed to have well and septic although located within 500 feet of pressurized city services. A waiver was applied for the DEQ approval. E. Does the proposed plat provide easements for the location and installation of any utilities? (76- 3- 608(3)(C), MCA) Utility easements shall be provided on the face of the final plat. F. 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) Legal and physical access to all lots has been provided and is shown on the preliminary plat. CONCLUSIONS OF FINDINGS OF FACT • The preliminary plat of Serenity Subdivision does not create any adverse impacts that warrant denial of the subdivision. • With the proposed conditions, Serenity Subdivision is in compliance with the Montana Subdivision and Platting Act, LYCCPASR and the City of Laurel Growth Management Plan. RECOMMENDATION Planning staff recommends that the City /County Planning Board make findings and should they decide to approve include the staff report and staff recommended conditions and adopt the Findings of Fact as presented. PROPONENTS: Jim Cotter, owner of the property spoke. He purchased the land in September of 2007. He decided that 3 acres is more than he needed so he is proposing to subdivide it using James Slehofer from D & J Surveying. James Slehofer from D & J Surveying spoke. He stated that both the City Planner and Jim Cotter covered all the information on the preliminary plat. He asked if there were any questions. Chairman Siegrist stated that per the public hearing guidelines questions are to be asked after all proponents and opponents speak. At this time Greg Nelson arrived at the meeting. (6:40 pm) Chairman Siegrist asked 3 times if there were any other proponents wishing to speak in favor of the preliminary plat application. There were none. Opponents: Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the preliminary plat application. There were none. 6 Lee Richardson asked if all 4 Tots will have residential dwellings on them. James Slehofer answered yes. Chairman Siegrist closed the public hearing at 6:45 pm. A motion was made by Shirley McDermott and seconded by Judy Goldsby to recommend approval of the preliminary plat application for Serenity Subdivision subject to the staff report, staff conditions of approval and the findings of fact. Discussion: Lee Richardson asked if the perk tests were done on the property. Monica said that all of that information was submitted with the application. There was also a joint DEQ Subdivision application that was prepared and the property has undergone those reviews and been approved. Chairman Siegrist asked if it was approved because the Tots are an acre in size and they have room for replacement septic. Monica stated that because the property is out of the city limits but within 500 feet of city services the applicant had to apply for a waiver in order to not hook up to city water and sewer services. That process involves an Engineer coming up with costs of what it would take to make all of the necessary improvements. If that cost outweighs the well and septic costs option by a certain percentage then a waiver can be granted. The applicant was granted a waiver. Dan Koch asked if the storm water was being controlled. James Slehofer of D & J Surveying stated that a civil engineer on the project had found the gradient of the property sufficient enough that stormwater would be absorbed on site. Dan Koch asked if curb and gutter will be installed. Monica stated that because this is out of the city limits curb and gutter is not required. Hazel Klein asked if the streets had to be paved. Monica stated that the streets are already paved. Shirley McDermott asked if the lots will be used for home sites; are the Tots 1 acre in size; and, will the Tots be hooked up to city services. James Slehofer stated they are 1 acre lots that will be used for home sites but they will not be on city services. At this time the motion was voted on and it passed by a vote of 6 — 0. 7 Continuation of New Business - Design Standards — Introduction Monica asked the board members to read this important document thoroughly and be prepared to ask questions and make suggestions at the July meeting. This document is important as it will place standards on both the downtown and SE 4 Street businesses. Monica stated that she is available to answer questions on this document either by email or in person between now and the next meeting. OLD BUSINESS: LMC 17.20 Changes to Commercial and Industrial Uses At the May 1, 2014 meeting the board held a public hearing regarding proposed changes to LMC 17.20 Commercial and Industrial Uses. The board asked Monica to bring back information on how these changes would affect a past variance request and the legal implications. Monica stated that she talked with the property owner that was granted a variance and explained to him the proposed changes that the board is considering making to LMC 17.20 and where the process is at. The property owner is working on hiring a contractor to do demolition that is required in order for him to construct storage units on his property. He will be applying for a building permit in the very near future. Monica stated that building permits are good for a year once they are issued. After talking with the Building Official, as long as the property owner obtains the permit prior to the proposed changes being put into law there is not a problem with him constructing his storage units. Monica will stay in touch with the property owner regarding this issue. A brief discussion was held after which a motion was made by Judy Goldsby and seconded by Hazel Klein to accept and recommend the proposed changes to LMC 17.20 to the City Council. The motion passed by a vote of 6 — 0. MISCELLANEOUS: Because of the 4 of July holiday the next regular meeting will be held on July 10, 2014. Monica stated that there will be a full agenda of business at the July meeting. ADJOURNMENT The meeting was adjourned at 7:12 pm. Respectfully submitted, Cheryl! Lund, Secretary 8