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HomeMy WebLinkAboutCity/County Planning Board Minutes 01.06.2005 MINUTES LAUREL CITY-COUNTY PLANNING BOARD JANUARY 6, 2005 7:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Gerald Shay, Chairman Bud Johnson, City Rep. Hazel Klein, City Rep. Todd Linder, City Rep. David Oberly, County Rep. Oreg Johnson, County rep. Dan Koch, City Rep. Dan Ruff, County Rep. Rick Flanagan, County Rep. Others present: Cal Cumin, City Planner Cheryll Lund, City Secretary Richard Hedman & 1 other The minutes of the December 2, 2004 were approved as written. Public Hearing - Laurel Business Park Subdivision~ 2~a Filing - Preliminary Plat Chairman Shay opened the public hearing. PROPONENT S: Pat Davies, Engineering, Inc., spoke regarding the application. This is Laurel Business Park Subdivision, Second Filing, owned by Dennis Fergus and Keith Broyles from Billings. It consists of 10 acres of land divided into 9 lots, minimum size of I/2 acre and maximum size of 1-1/2 acres. It will be served by city streets, city services and storm drains. It is zoned commercial. The main access will be off of East. Railroad Street, which connects to Interstate Drive and also to Interstate Lane, which is a cul-de-sac that will access some of the lots. OPPONENTS: There were no opponents: The public hearing was closed at 7:03 pm. Cai recommended approval subject to: 1) SIA I(A) be deleted; 2) SIA B (1) paragraph 2 state that the subdivider is required to make the connection; 3) SIA B (2) Sanitary Sewer easement shall be 20' from each line or plated to 30' with 5' between lines; 4) that all requirements from the Laurel Public Works and Public Utilities be met; 5) that Laurel Volunteer Fire Department requirements be met; 6) that requkements from Yellowstone County Weed Department be met; and 7) that the DEQ requirements be met. Discussion by board. Chairman Shay questioned the existing irrigation ditch on the southwest side of the plat that is to be filled and abandoned. Pat Davies stated that the ditch hasn't been used in years and the owners of the property have an agreement with the landowners to the south that the ditch can be filled in. Chairman Shay requested a copy of that agreement to put into the record. Motion by David Oberly, second by Bud Johnson, to approve this preliminary plat for Laurel Business Park Subdivision Second Filing, with Cal's recommendations. Motion carried 8-0. Public HearinR - Annexation of Certificate of Survey 2385 - Tract B2 - School District #7 PROP ONENT S: Richard Hedman, representing School District #7 spoke regarding the annexation. The school bought the property to build a new Middle School on and they have requested annexation so they can hook into city services. There is a residence on the NE comer of the property that has an elderly woman living in it at this time. The residence will not inhibit the building of the school and the home will remain on the property, when the elderly lady moves out, but the outbuildings on the property will be removed at that time. OPPONENTS: There were no opponents. Discussion by board. Cal recommended approval of this annexation with no conditions. Motion by Bud Johnson, second by Todd Linder to recommend approval of the annexation of Certificate of Survey #2385, Tract 2B, to the Laurel City Council. Motion carried 8-0. MISCELLANEOUS Cai stated that he would have the Secretary send out information on Subdivisions and also some information on abstaining from voting. The meeting was adjourned. Respectfully submitted, Cheryll Lund, Secretary CITY HALL 115 W. 1ST ST. PUB WORKS: 6284796 WATER OFC: 628-7431 COURT: 628-1964 FA-X; 628-2241 City of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FOR PRELIMINARY PLAT APPROVAL 1. NAME OF SUBDIVISION: Laurel Business Park Subdivision, Second Ftling 2. LOCATION: GENERAL DESCRIPTION: GENERAL LOCATION: Lot 3, Block 1, Enterr,i-ment Park Subdivision East Raikoad Street and Bernhardt Road 3. NAME, ADDRESS & TELEPHONE NUMBER OF SUBDIVIDER: A. SUBDIVIDER: B. ADDRESS: C. TELEPHONE: JKS, LLP P. O. Box 31511; Billings, Montana 59102 406/248-3700 4. NAME, ADDRESS & TELEPHONE NUMBER OF AGENT OR OWNER: A. AGENT OR OWNER: B, ADDRESS: C. TELEPHONE: 5. DESCRIPTION DATA: A, GROSS AREA OF SUBDIVISION IN ACRES: 1 o B. NUMBER OF LOTS: 9 C. MINIMUM AND MAXIMUM LOT SIZES: 0.51 Acres mia., 1.43 Acres max. D. LINEAL FEET OF STREETS: :~882 E. EXISTING ZONING: Highway Commercial F. SURROUNDING ZONING: Highway Commercial G. INTENDED USE OR PURPOSE: Commercial Development 6. PARKLAND REQUIREMENTS (check owner preference) A. LAND: N/A B. CASH: N/A 7. VARIANCE REQUESTED FROM TERMS OF THE SUBDIVISION REGULATIONS: A. See Subdivision Improvements Agreement LIST OF MATERIALS SUBMITrED WITH APPLICATION A. 24 copies of the Prelirnlnqx'y Plat D. B. 24 copies of Subdivision Improvements Agreement C. 24 copies of Storm Water Report NAME, ADDRESS & TELEPHONE OF PROFESSIONAL CONSULTANT(S) 24 copies of Findings of Fact Application fee of $500.00 SURVEYOFI/ENGINEER: Engineering, Inc. 1260 South 32nd Street West Billings, MT 59102 40~/656-5255 B. ATI'ORNEY: I declare that I am the ownerof record and have examined all statements and information contained herein, and all a~ehed exhibits, andt°thebest°fmY~___~zled/~andb~.:f,'itilt.~a~dc°rrect'~, ~ OWNER(S): ~ r..l~v,,~-~O "~..~ ~"~,,~ ~'~-~'-.---~ OWNER ~--'~ ~, "~,~.J~ ~l~..~r-'' OWNER p:c:98020_06_Laurel, 2nd Filing, PPA Giry of Laurel is an EEO Employer (ll/17104)~knl SUBDIVISION IMPROVEMENTS AGREEMENT LAUREL BUSINESS PARK SUBDIVISION, SECOND FILING BEING LOT 3 OF ENTERTAINMENT PARK SUBDMSION THIS AGREEMENT is made and entered into this day of , 2004, by and between JKS, LLP, hereinafter referred to as "Subdivider," and THE CITY OF LAUREL, hereinafter referred to as "City." WITNESSETH WHEREAS, the plat of Laurel Business Park Subdivision, Second Filing, located in the City of Laurel, Yellowstone County, Montana (the Subdivision), was submitted to the Laurel-Yellowstone City-County Planning Department which recommended, subject to certain conditions, its approval to the City Council of the City of Laurel; and WHEREAS, at a regular meeting held on the day of ,2004, the City coUncil approved, subject to certain recommendations of said Planning Depattatent and the City CoUncil, a preliminmy plat of the plat of Lanrel Business Park Subdivision, Second Filing; and WHEREAS, a Subdivision Improvements Agreement is required prior to the approval of the final plat by the City;, and WHEREAS, the real property affected by the proposed plat is Lot 3 of Entertainment Park Subdivision and is subject to the terms and conditions of the Subdivision Improvements Agreements (the "Original Agreements") as follows: Subdivision Improvements Agreement dated April 30, 1996, by and between Outdoor Excitement, Inc., a Montana Corporation, as Subdivider, and the City of Laurel as City, and recorded Under Document No. 1828468, records of Yellowstone County, Montana, relating to the development of Entertainment Park Subdivision; and WHEREAS, public improvements required as a part of this Subdivision Improvements Agreement are specifically enumerated herein. NOW, THEREFORE, the parties to this Agreement, for and in consideration of the mutual promises herein contained and for other good and valuable consideration, do hereby agree as follows: The Subdivider requests and the City Council grants a variance from the following City Subdivision Ordinances: P:C:gg020_06_Laur¢l Bus Pk SIA SIA - 1 (08-31-04) jnp A. Section 16.24.020(A) requiring platting of alleys in a commercial area. B. Section 16.28.120 requiring the installation of street lights. The Subdivider agrees to construct the following improvements required in conformance with the City of Laurel regulations: A. STREETS Streets. All streets within the Subdivision shall be built to Montana Public Works standard specifications and the City of Laurel Public Works standards. The internal streets will be 49-foot wide public streets with curb and gutter (45-foot paved surface with 2-foot wide curb and gutters each side) with satisfactory subbase, base course, and asphalt surfacing. The design cross-sections of said streets shall be submitted to and approved by the City of Laurel Public Works Department. Interior Curbs, Gutters, and Sidewalls. Curbs and gutters shall be installed within the Subdivision at the time of street construction. Sidewalks 5 feet in width will be installed along the frontage of each lot at the time of issuance o fa building permit and prior to occupancy. The sidewalk will be the responsibility of the individual lot owner. The sidewalks shall be installed adjacent to the curb and gutter. Street Name Signs. Street name signs for streets within the Subdivision or located immediately adjacent thereto shall be furnished and installed by Subdivider in accordance with the specifications of the City of Laurel Public Works Deptuhaent. Traffic Signals. No traffic signals are required for this Subdivision. Traffic Control Devices. The Subdivider shall furnish and install all necessary traffic control devices in accordance with the Manual of Uniform Traffic Control Devices and approved by the Public Works Department. B. UTILITIES IVater. A new public water main will be constructed within the Interstate Drive right-of-way and the Interstate Lane right-of-way within the Subdivision. This new water main will be served by connecting to the existing 10-inch water main located beneath East Raikoad Street. The new water main will extend south and west p:C:98020_06_Laurel Bus Pk SIA SIA - 2 (08-31-04) jnp along Interstate Drive and terminate at the west subdivision boundary and south along Interstate Lane terminating at the end of the cul-de- sac. Individual water services will be extended fiom the new water main to the property lines of the individual lots within the Subdivision. No public water main extension or installation in East Railroad Street will be required by the Subdivider. Sanitary Sewer. A lateral sardtary sewer main shall be extended west and north from the existing manhole located in the southeast comer of the Subdivision. The sewer main will extend north along the common lot line of Lots 4 and 5, Block 2, then north along Interstate Lane and then east and north along Interstate Drive terminating at the south property line of Lot 9, Block 2. Sanitary sewer services will be extended to the property lines of the individual lots within the Subdivision. Private Utilities. All telephone, gas, electrical power, and cable television lines within the public right-of-way shall be installed prior to street paving. The location of all such facilities within the public fight-of-way shall be subject to approval of the City Engineer and shall be installed underground. The Subdivider shall coordinate installation with the various utility companies. STORMWATER FACII~rrlES A storm drain lateral shall be constructed in Interstate Drive l~om the south property line of Lot 9, Block 2, to the intersection of Interstate Drive and Interstate Lane then continue south along Interstate Lane and the common lot line of Lots 4 and 5, Block 2, then west along the south property line of Lot 4, Block 2, to the detention basin located on the west end of Lot 4, Block 2. Street inlets shall be provided where necessary to drain stormwater to the storm drain lateral. Individual storm drain services shall be extended from the new storm drain lateral to the property lines of the individual lots within the Subdivision. A detention basin of adequate size to provide necessary storage for street drainage and stormwater discharge from the individual lots shall be provided in the west side of LOt 4, Block 2, with a discharge to the storm drain lateral located along the southern boundary of Laurel Business Park Subdivision, First Filing. Any increase in size of said storm drain lateral beyond that required to serve Laurel Business Park Subdivision, First Filing, shall be the responsibility of the Subdivider. The detention area shall also be provided p:c:98020_06_Laurel Bus ?k SIA SIA - 3 (08-31-04) jnp with a slotted drywell discharge to the underlying gravels to allow for complete drainage of the detention area after storm events. Each lot within the Subdivision shall be required to collect and detain runoff with on-site drainage facilities in order to meet the stormwater management criteria set forth by the City Engineer. The individnal detention areas shall discharge to the storm drain located within the public fight-of-way. Stormwater discharge from each lot shall be limited based on available capacity of said storm drain. Slotted drywells shall be provided in the on-site detention areas where necessary to provide for complete drainage of the detention areas. All public stormwater facilities shall be designed and installed in accordance with City of Laurel regnlations and shall be subject to the approval of the City Engineer. SURVEY MONUMENTS Survey monuments shall be installed in conformance with the City Subdivision Ordinance and the Montana Subdivision and Platting Act. -- E. PARKS The Subdivider and the City agree that the park dedication is not required for a subdivision in which all lots are nonresidential as allowed within Montana Subdivision and Platting Act, Section 76-3-621. The Subdivider agrees to provide for any necessary adjustments or alterations to existing improvements which are necessary and limited to those improvements required to make the improvements contemplated by this agreement without cost to the City. The water and sewer mains, storm drains, and streets shall be sized, designed, and installed in conformance with City design standards and with the provisions of the Montana Public Work~ Standard Specifications. The Subdivider agrees to notify the City Engineer of the date and hour construction is anticipated to begin on the required improvements and to keep the City Engineer informed of the progress of construction. If the construction is stopped for any other reason than overnight, holidays, and weekends, the Subdivider agrees to notify the City Engineer of stoppage. Further, Subdivider agrees to notify the City Engineer not less than four hours before construction is scheduled to resume. Except as otherwise provided, Subdivider shall install and construct said improvements utilizing the mechanics of 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 for by the P:C:98020_06_Laurel Bus Pk SIA SIA - 4 (0S-31-04) jnp 10. contracting parties pursuant to said private contract, and the improvements shall be installed as approved by the City Engineer. The Subdivider shall not convey or transfer lots within the Subdivision, and no building permits shall be issued, until a private contract, as required above, has been executed, or satisfactorily secured, to install or construct the improvements required. Occupancy permits shall not be issued for the lots within the Subdivision until water, sewer, storm drain, and street improvements have been accepted and approved by the City. The foregoing provisions shall not restrict the Subdivider's right to sell and convey, as one unit, all lots within the Subdivision, nor shall the requirements for the installation of improvements become effective as a result thereof; provided, however, that such sale shall be subject to the restrictions herein provided against the transfer of individual lots until the conditions set forth above have been met. All noxious weeds on the latest Yellowstone County noxious weed list must be controlled on all properties in the Subdivision. A noxious weed list 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. A revegetation plan is to be submitted as part of the management plan and seeding recommendations will be obtained from Yellowstone County Weed Board as pursuant to Section 7-22-2152 MCA. Yellowstone County Weed Board reserves the right to revise these recommendations based on their required site inspection. When required by future road improvements, all trees within the right-of-way shall be removed by the developer as directed by the Public Works Department. The Laurel Volunteer Fire Department (LVFD) will provide fire protection for the Subdivision. All streets and private accesses shall meet the requirements of the LVFD. All street and building plans shall be reviewed by the LVFD. Addresses shall be posted as outlined in the Un/form Fire Code Article 9, Section 901.4.4. These numbers shall be clearly visible and readable from collector roads. Street signs shall be as outlined in Un/form Fire Code Article 9, Section 901.4.5. Fire hydrants shall be spaced no more than 300 feet apart, and the maximum distance from any hydrant to the front of any structure shall be 180 feet. All permits for construction will be reviewed for further fire protection and hydrants. There is attached hereto a Waiver waiving the fight to protest creation of a special improvement district (SID), 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 nm with the land, and shall constitute the guarantee by the Subdivider and property owner or owners of the P:C:9g020_06_Laurel Bus Pk SIA SIA - 5 (08-31-O4) jnp development described herein. Said Waiver is effective upon fihng 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 fights and do so voluntarily. 11. The provisions of this Agreement shall be effective and applicable to the Subdivision upon filing of the final plat thereof in the office of the Yellowstone County Clerk and Recorder and shall be subject to all applicable state and city rules and administrative regulations. 12. The owners of the property included in the Subdivision by signature subscribed hereinbelow agree, consent, and shall be bound by the provisions of this Agreement. 13. The covenants, agreements, and all statements in this Agreement shall nm with the land and shall be binding on the heirs, personal representatives, successors, and assigns of the respective parties. 14. 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 giving notice shall be entitled to reasonable attorney fees and costs. 15. Any amendments or modifications to 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 Agreem,nt. IN WITNESS WHEREOF, the parties hereto have set their hands and official seals on the date first above written. "SUBDIVIDER" By: Its: P:C:98020_06_Laurel Bus Pk SIA SI.A -- 6 (08-314)4) jnp STATE OF MONTANA County of Yellowstone On this day of ,2004, before me, a Notary Public in and for the State of Montana, personally appeared known to me to be the ofJKS, LLP, who signed the foregoing instmmant and' who acknowledged to me that he/she executed the same. Wimess my hand and seal the day and year hereinabove written. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: "CITY" THE CITY OF LAUREL MONTANA By Mayor Attest STATE OF MONTANA ) : SS County of Yellowstone ) City Clerk On this day of ,2004, before me, a Notary Public in and for the State of Montana, personally appeared and known to me to be the Mayor and City Clerk, respectively, of the City of Laurel, Montana, whos; names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of the City of Laurel, Montana. Notaiy Public in and for the State of Montana Printed name: Residing at: My commission expires: P:C:98020_06._1 ~urel Bus Pk SIA SIA- 7 (08-31-04) jnp WAIVER OF RIGHTS TO PROTEST FOR VALUABLE CONSIDERATION, the undersigned, owners of the hereinafter described real property, do hereby waive the right to protest the formation of one or more Special Improvement Districts (SIDs) for the construction and/or maintenance of streets, curbs and gutter, sidewalks, driveways, survey monuments, street name sigr~s, street lights, street light energy and maintenance, traffic control der/ecs on site and off site as determined by an overall traffic accessibility study, sanitary sewer lines, water lines, valley gutters, culverts, storm sewer lines either within or without the area to provide drainage for runoff water from the real property hereinafter described, park improvements and park maintenance district, noxious weed control, and other incidental improvements which the City of Laurel may require. The Waiver and Agreement shall nm with the land and shall be binding upon the undersigned, its successors and assigns, and 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, to-wit: All of Laurel Business Park Subdivision, Second Filing, being Lot 3 of Entertainment Park Subdivision, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Yellowstone County, Montana. WAIVER signed and dated this day of ,2004. JKS, LLP By: Its: STATE OF MONTANA ) ; SS County of Yellowstone ) On this __ day of ,2004, before me, a Notary Public in and for the State of Montana, personally appeared known to me to be the ofJKS, LLP, who signed the foregoing instrument and' who acknowledged to me that he/she executed the same. Wimess my hand and seal the day and year hereinabove written. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: P:C:98020_06_Laurel Bus Pk SIA WAIVER - 1 (08-31-04)jnp CITY OF LALrREL REQUEST FOR ANNEXATION AND PLAN OF AN2NEXATION Only parcels of land adjacent to the City of Laurel municipal limits will be considered for annexation. "Adjacent to" also includes being across a public right of way. If the parcel to be annexed is smaller than one city block in size (2.06 acres), the City Council must approve consideration of the request; the applicant must make a separate written request to the City Conncil stating their wish to annex a parcel of laud less than one city block in. Once the Council approves the request the applicant can apply for the annexation. ALL BLA_.N~S OF T~,2fi APt~LICATiON ARE TO BE FILLED IN X~TH AN EXPLANATiON- BY THE A~PL~CANT. ~L A~PL[CAT~ON W~L NOT BE PROCESSED ~ i~L Applicant landowner's name: Address: &/~ Phone: ~2r~ Parcel to be annexed: (if it not surveyed or of public record, it must be of public record PRIOR to applying for annexation). Legal description: ~'~ Lot size: iD, ¢'A~g' Present use: ¥')y Planned use: Present zoning: ~?~x~P,'~/ (land which is being annexed automatically becomes zoned R-7500 when it is officially annexed (City ordinance 17.12.220) City services: The extension of needed City services shall be at the cost of the applicant after annexation by the City has been approved. As part of the application process, each of the following City services must be addressed with an explanation: Water Service: Location of existing main: Cost of e~ension of appro¢&d How ~ da~ned: Timefrme for inst~ation: Sewer Service: Location of ex~mng main: Cost of e~ension of approved How ~ d~e~ned: Time,me for ~stallation: How fin c : Streets: Location of existing paved access: Cost of paving: Hew cost determined: ~1 Timeframe for construction:/~/, Other required improvements: Provide above information on attached pages. Applicant must meet with the proper planning representative PRIOR to f'ffling out this application.* 5. A map suitable for review of this application of the proposed area to be annexed must be submitted with this application. A written Waiver of Protest must accompany tiffs application, suitable for recording and containing a covenant to run with the land to be annexed, waiving all right of protest to the creation by the City of any needed improvement district for construction or maintenance of municipal services. This Waiver of Protest must be signed by the application prior to annexation by the City. Requests for annexations are referred to the City-County Planning Board for recommendation to the City Council. Within thirty (30) days after receiving the properly filled out application with all required accompan/ments and after conducting a duly advertised public hearing, the City- County Planning Board shall make recommendation to the City Council as to this Request for Annexation. If more information is needed fi'om the applicant during the review of the application, such application shall be deemed incomplete and the timeframe for reporting to the City Council extended accordingly, if needed. 8. A non-refundable application fee of one hundred fifty dollars ($150) must accompany the submission of this application. The City Council of the City of Laurel, Montana, after review and consideration of this Application for Annexation found such to be in the best interest of the City, that it complied with State code, and approved tiffs request at its City Council meeting of: 2 ~,m~ TR. A t-? --1 r---t C/S 2385 ~] Z ~-3- C ~ ...... TRACT %,,~] ~ SE( . ,I I Attachment to Request for Annexation Item//3 Legal Description: Tract B2 in the amended Tract B of Certificate of Survey 2385, located in the E ½ SE ¼ NE ¼ of Section 9, Township 2S, Range 24E, P.M.M., Yellowstone County, Montana. WAIVER OF PROTEST For consideration of annexation to the City of Laurel, the undersigned, owner of the hereinafter described property, does hereby waive the fight to protest the creation of one or more special improvement districts for the eonslruction of streets, curbs and gutters, sidewalks, driveways, street lights, storm or sanitary sewer main serving the area in which the annexation is located, water distribution lines, park maintenance, and other incidental improvements the City of Laurel may require. This waiver shall run with the land and shall be binding upon the undersigned, its successors and assigns, and the same shall be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana. The property hereinabove mentioned is more particularly described as follows, to-Mt: Tract B2 in the amended Tract B of Certificate of Survey 2385, located in the E 1/2 SE 1/4 NE 1/4 of Section 9, Township 2S, Range 24E, ¢.M.M., yellowstone County, Montana. Datedthis 13 dayof ,200q . By: STATE OF MONTANA SS, County of Yellowstone Subscribed and sworn to before me, a Notary Public in and for the State of Montana, this I ,.~-L, day of ~'~ ~¢~C ,200t4 Notary Public for the State of Montana (SEAL) Residing at expos My commission