HomeMy WebLinkAboutCity/County Planning Board Minutes 04.07.2005DRAFT
Members Present:
Others Present:
MINUTES
LAUREL CITY-COUNTY PLANNING BOARD
APR]I, 7, 2005 7:00 PM
COUNCIL CHAMBERS
Gerald Shay, Chairman
Bud Johnson, City Rep.
Hazel Klein, City Rep.
Todd Linder, City Rep.
David Oberly, County Rep.
G-reg Johnson, County Rep.
Dan Koch, City Rep.
Rick Flannigan, County Rep.
Cai Cumin, City Planner
Cheryll Lund, City Secretary
Minutes of the February 3, 2005 meeting were approved as sent out.
Preliminary Minor Plat - Lynne Subdivision
This is a one-lot subdivision located south of Danford Road on 74t~ Street West. This area is not within
Laurel's zoning district but is within the Laurel Planning jurisdiction.
Lynne Eggart spoke in regards to the preliminary plat.
The gross area of the lot is 1.72 acres. There is a commercial business as well as a residence located on
the property. This subdividing will put the residence and the shop on two separate parcels. This is
being done for liability reasons.
Mr. Eggart has a construction and engineering business. He states that he stores his equipment at the
shop but does very little work at the shop.
Gene Devereaux, 3319 S. 74th Street West lives directly across the street from Mr. Eggart's shop. He
stated that from the first day the shop was there they have had trouble with them tearing up and grading
the road. He had to go to Mr. Eggart's mother (owner of the property) and explain to her that it is a
county road and her son cannot tear up the road.
There are constant semi-trucks and backhoes coming onto the property. He stated that a fence to cover
up the mess should be considered. He feels that Mr. Eggart needs to take care of what he has right now
and not start a new subdivision.
Cai stated that a new subdivision is not starting up, as this is a one-lot subdivision. He also reminded the
board that this area is not zoned.
Mr. Devereaux asked if there is any provision in the proposal for seeding of bare land, as there are
noxious weeds present. He feels that Mr. Eggart hasn't finished the first subdivision and taken care of
what he needs to, now he wants to start another problem.
Cal stated that Mr. Eggart has to go back before the Planning Board on any other change that he wants
to do to the subdivision.
Cal told Mr. Devereaux that he could contact the County Code Enforcement Division about all of the
issues he brought up.
Cal recommended approval of the subdivision subject to his recommendations (see attached). 1. Provision requiring ora drait "Findings of Fact".
2. A revised copy of the plat showing the amount of the remaining piece of land be'put onto the
plat.
3. Show the location of the landowner's home onto the plat.
4. Show the existing access of his lot on the plat.
5. That a weed management plan be submitted to the Yellowstone County Weed Department.
6. An 11 X 17 copy of the survey site itself in large enough detail to read.
7. Changing the wording on the SIA to read "Laurel-Yellowstone City-County Planning Board.
A question from a lady in the audience regarding the ramification to the adjacent property owners.
Cal stated that if it continued to grow as a commercial area it would enhance the values of the adjacent
property owners.
David Oberly asked for clarification of the zoning in the area.
Cal clarified that there is no zoning in that area.
David went on to state that because there is no zoning there are no restrictions?
Cal stated that is correct. Cal received a request from a lady out in that area in regards to starting up a
zoning district. Cai sent her the information on how to go about doing so.
Hazel asked if the existing wells and septic systems have to go through a review?
Cal stated that it already exists.
Rick Flannigan asked if the owners of the preliminary plat were asking for a commercial business to be
approved?
Cai stated that because of no zoning in the area the board can only look at the preliminary plat issues.
Rick wondered why he is splitting the lot?
Cal speculated for financial reasons.
2
Discussion on the septic system that exists on the property that will serve both sites. This system was
approved many years ago and there is no change to the system. A question was raised on the fact that
the septic system is "grandfathered" in.
Bud Johnson stated that placing the word "grandfathered" onto the septic system is not quite right. The
board is not involved in approving the septic system except to say it needs to comply with the County
Health Department's regulations. This board has no knowledge of the logistics of how to approve a
septic system and so we rely on the experts who do.
Greg Johnson stated that the sub divider would only be able to do another minor subdivision once. The
next time they subdivide it will become a major subdivision.
Motion by Bud Johnson, second by David Oberly, to recommend approval of the preliminary
plat for Lynne Subdivision, subject to CaPs requirements.
At this time Todd Linder stated that he knows Mr. Eggart and he feels that this would not affect his vote
on this issue, unless someone has an issue with it.
At this time the vote was called for. The motion carded 7-0.
Growth Management Plan - Socio-Economic Element
Cai would like to move forward to a public hearing process for some elements that he would like to see
brought forth. Some ofthose ideas for change would be to: 1) eliminate the parking requirements in the
Central Business District; 2) to encourage housing to the come to the downtown area; 3) to allow
"granny-flats" in basements in residential areas thru the Special Review process; 4) to allow smaller
houses to be built behind larger houses for elderly relatives; and, 5) to allow front porches be built
within the setbacks.
Discussion. Issues that were discussed were the downtown town square; limited parking in the
downtown area; loss of the movie theatre; and, restrictive parking requirements.
Cal will put some "draft" proposals together so the board can begin to implement some of the above
ideas.
Roclo? Smith - Laurel Development Corporation
Rocky Smith spoke and gave an overview of the services that the LDC offers and some of the programs
that the different downtown businesses are already involved in.
Rocky requested that the board look at revising the parking ordinance a.s he has found that it hinders a
lot of the businesses that could come into Laurel.
He also requested that the board give him input on what types of businesses they would like to see put
into the downtown area. He can be reached at 628-1177.
3
Proposed Fee Structure Chan~es
Cal passed out a new fee structure that he would like the city to implement.
Motion by David Oberly, second by Bud Johnson, to recommend implementing the "Subdivision
Applications" section of the Planning Division Application and Review Fees to the City Council.
Motion carried 7-0.
The meeting was adjourned at 8:30 pm.
Respectfully submitted,
Cheryll Lund, Secretary
4
115 W. IST ST.
PU~ WORKS: 622--479~
WATER OFC: 62g-7431
COURT: 625-195~
FA2~2 62g-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Planning
DEPARTMENT
March 23, 2005
Essex Surveying, Iac.
POB 80201
Billings, MT 59108
Dear Mr. Essex:
In reviewing the proposed Lyrme Subdivision, I have the following comments:
Although you have provided a 24x36" format as required, your actual survey site is 2xY'
an~ is not large enough to read the details I'm sure you have provided. Please provide
one copy of aa 1 lxl T' of the survey site itself shown large enough to read the details.
2. Please show the existing access on the survey.
o
The Subdivision Improvements Agreement refers to the Yellowstone Coun~ planning
Depurtn~nt. Please change this to read, Laurel-Yellowstone City-County planning
Board.
Please provide the above to the City Engineering Deparmaent by April 4t~, so I can schedule this
before the Planning Board April 7th.
Ca~ O~min: AICP
planning Director
Cc: Lyane Eggart, 7402 Danford Road, Billings, MT 59106
City Of Laurel is an EEO Employer
Equal Housing Opportunity
EXHIBIT A
pRELIMINARY PLAT APPLICATION
CITY OF LAUREL
1].5 W. ].st
P.O. Box 10
Laurel, Montana 59044
Name of Subdivision:
Location:
A. Legal Description: :L/4 Section
Township ~ 5'
Range ~'q
Name Address & Telephone Number of Subdivider:
A, Name: -7 "1o
B. Add ress:
C. Telephone~_
Name, Address & Telephone Numberof owner:
C. Telephone:
Plat Data:
A.
B,
C.
D,
E.
F.
G.
H,
No~ch:
So uth:
East:
West:t __
Existing Land Use:
Proposed Land .Use:
Gross Area: I,
I, '7
Net Area: ~ --
Number of Lots: _
Haximum Lot Size: _
Minimum Lot Size:
Lineal Feet of Streets:
Existing Zoning:
Surrounding Zoning:..
Parkland Requirement (check owner preference)
~///I __' Acres
A. L~nd: _ --
B. Cash: · --l~/~/-~ __ Cash
Variances Requested:
3/12/2004
Cs'ervice Providers for proposed' Subdivision (county Plats)
A. Gas: -- . .
C. Electric:__ ~
--------- /..~4.~ T
D. Telephone: .
E. Rural Fire District:: -
F. Irrigation District::
Cable TeJevision:
List of Materials submitted with Applicatio~
A.'~
B. ~,,A F.
C,
of Professional consultant(s)
10.* Name, Address &Telephone
Surveyor/Engineer: ---~'~ ~-~/-
B. Attorney:
C. other: _ --
I declare that I am the own record of the above-described prdperty, and have
examined ail statements and information contained herein, and ali attached exhibits,
and to the best of my knowledge and belief, is true and correct.
owner/Owners:
Signature of owner/owners
3/ 2/2oo4
8
ROAD __
March, 2005
SUBDIVISION IMPROVEMENTS AGREEMENT
LYNNE SUBDIVISION
THIS AGREEMENT, made and entered into this day of ,
2005, by and between Lynne E. Eggart, hereinafter referred to as "Subdivider", and the County of
Yellowstone, Montana, hereinafter referred to as "County'"'.
Wn' ESSETI
TItAT WltEREAS, a preliminary plat of an area to be known as Lyune Subdivision,
hereinafter referred to as "Subdivision", was submitted to the Yellowstone County Planning
Department on 2005, and that they further recommended its approval to the
Board of County Commissioners subject to certain recommendations; and
WltEREAS, at a regular meeting held on the __ day of ., 2005, the County
Commissioners approved, subject to certain recommendations of the Planning Department and
County Commissioners, a Prellminaty Plat of Lynne Subdivision; and ~
WHEREAS, a subdivision improvements agreement is required between the County and the
Subdivider prior to the approval of the final plat by the County Commissioners; and
WHEREAS, no further public improvements are required at this time as a result of this
preliminary plat. -
NOW, TItEREFORE, the parties to this Agreement, for and in consideration of mutual
promises herein contained and for other good and valuable consideration do hereby agree as
follows:
No public water or sanitary sewer are available to this subdivision at this time. Individual
on-site water and ~astewater systems are currently present and in use in this subdivision.
Any modifications to the existing system will be bffilt as approved by the State of
Montana Department of Environmental Quality.
Provisions for handling surface nm-off will be accomplished by grading land to existing
on-site retalnage basins. The existing driveway does not have a culvert as it is at the end
of the borrow ditch area of the adjacent county road. All improvements in the public road
Right-of-Way will be accordance with plans and specifications as approved by the
Cotmty Public Works Deparmaent.
1
Noxious Weed Management
The subdivision shall require no new public or private improvements. If any do arise they
shall be restored as described below.
Restoration of Construction sites, Public Right-of-Way, and Utility Easements.
1. Broadcast seed (pure live seed) 14 lbs per acre
Seed type and rate
Crested wheat grass
Alfalfa
.Dahudan wildrye
5 lbs per acre
1 lbs per acre
1 lbs per acre
3. Fertilizer
100 lbs of 0-45-0 phosphate per acre
4. Roller pack a mlnlmura of three times after broadcasting seed to pack seed ¼ inch
into soil.
5. Seed November to March or as authorized by the Weed District..
6. Seed must be Certified Noxious Weed seed free.
All noxious weeds on the latest Yellowstone County noxious weed list must be
controlled on all properties in the subdivision. A noxious weed management plan must be
filed and updated anmmlly 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 (oi~ecord). A
revegetation plan is to be submitted as part of the nmnagement plan and seeding
recommendations well be (;brained from the 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. The Right-of-
Way noxious weed control is the responsibility of the developer. Once the subdivision is
filed it then becomes the responsibility of the owner.
There is attached hereto a waiver covering the fight to protest creation of a rural special
improvement district (RSID) 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.
Survey monuments will be installed in compliance with the Yellowstone County
Subdivision Regulations.
2
10.
11.
12.
13.
14.
15.
The subdivision is already served by telephone and electrical power and natural gas
facilities. All utilities are underground, and ,no further development shall be required.
In the event it becomes necessary for either party to this agreement to retain an attorney to
enforce any of the terms and conditions of this agreement or to give any notice required
herein, then the prevailing party or the party giving notice shall be entitled to reasonable
attorney fees and costs.
The covenants, agreements and statements in this agreement apply to and shall be binding
on the heirs, personal representatives, successors and assigns of the respective parties.
Any amendments or modifications of this agreement or any provision herein shall be
made in writing and executed in the same manner as this original document and shalI
after execution, become a part of the agreement.
Subdivider shall comply with all applicable federal, state and local statutes, ordinances
and administrative regulations during the performance and discharge of its obligations.
Subdivider acknowledges and agrees that nottfing contained herein shall relieve or
exempt it from such compliance.
The maintenance of South 74a Street West serving ttfis subdivision is currently done by
County forces. There are no interior roads to this subdivision. This road currently is built
to Yellowstone County Sta~,dards.
There is no need to make additional access to the existing county road. An existing
access serves the subdivision.
Homeowners should be aware that mountain lions inhabit this area and may be attracted
to domestic livestock and pets.
The owaers of the properties involved in this proposed subdivision by signature subscribed
below agree, consent and shall be bound by the provisions of this agreement.
3
IN WITNESS WHEREOF, THE PART[ES HERETO HAVE SET THEIR
HANDS AND OFFICIAL SEALS ON THE DATE FIRST ABOVE WRITTEN.
"SUBDIVIDERS"
Lynne E. Eggart
STATE OF MONTANA )
'SS.
County of Yellowstone )
On this day of ,2005, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Lynne E. Eggart, known to me to be the
same, and acknowledged to me that she executed the same. -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my No ~t~rial Seal
the day and year first above-written. - ~
Sig~atu~
Frin~ or Ty~e Nam~
Notary Public for the State of Montana
Residing in i Montana
My Commission expires:
4
"COUNTY"
COUNTY OF ~ELLOWSTONE
BOARD OF COUNTY COMMISSIONERS
BY:
BY:
BY:
ATTEST
COUNTY CLERK
STATE OF MONTANA )
:SS.
County of Yellowstone )
On this day of ,2005, before me, the undersigned, a Notary.
PubLic for the State of Montana: personally appeared .,
, , and
known to me to be the representatives of the Board of
Commissioners and the County Clerk and Recorder for Yellowstone County, Muntarm, the
persons who signed the foregoing instrument and acknowledged to me that they executed the
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first abo~/e-writter~
$ignatule
Notary Public for the State of Montana
Residing in , Montana
My Commission expires:
5
WAIVER OF RIGHT TO PROTEST
FOR VALUABLE CONSIDERATION, the undersigned, being the Subdivider and the
owner of the hereinafter described real property, do hereby waive thc right to protest the
formation of one or more rural special improvement districts (RSID) for thc construction and
maintenance of streets, sidewalks, curb and gutter, driveways, bicycle and pedestrian paths,
survey monuments, street name signs, street lights, street light energy and maintenance,
traffic control devices both on and off site as determined by an overall traffic accessibility
study, san/tory sewer lines, water lines, valley gutter, s, culverts, storm sewer lines either
within or outside the area, park and park maintenance, and other improvements incident to
the above which Yellowstone County may require.
This Waiver and Agreement shall run 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:
Lynne Subdivision
Waiver signed and dated this __
day of
"SUBDMDER"
,2005.
Lynne E. Eggart
STATE OF MONTANA )
:SS.
County of Yel!owstone )
On this day of ,2005, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Lyune E. Eggart, known to
me to be the same, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above-written.
Signature
Print or Type Name
Notary Public for the State of Montana
Residing in , Montana
My Cormnission expires:
2
Planning Division ADDliCation and Review Fee~_
The City Council and County Commissioners approved fee increases for most zoning and subdivision
applications, e~ective in November, 2003. We also will be charging for the cost of lega[ notices for
Major SubdivLsion Plat public hearings. The new fees are listed below:
Variance
Variance
Zone Change
Zone Change
Special Review
Special Review
Planned Unit Development
Zoning Clarification
Medical Corridor Review
Temporary Use Permit
Preliminary Minor Plat
Final Major Plat
Final Minor Plat
Exempt Plat
Legal Ad for Subdivision
Residential $325.00
Commercial $400.00
Residential $650.00
Commercial $900.00
Residential $650.00-
Commercial $900,00
5 acres or less $750.00
Over 5 acres $3.200.00
Wdtten $25.00
On-site visit $50,00
$600.O0
Initial Review $3.50.00
Annual Review $100.00
$1.00/s.f.
6 to 40 lots
41 to 200 lots
Over 200
6 to 40 lots
41 to 200 lots
Over 200
$ ,5oo.0o;
$3,500.00~
$4,500.00~
$550.00
$400.00
$600.00
$900.00
$250.00
$200.00
Passthmughcharge
Annexation
Urban Boundary Change
Annexations
$500.00
Residential $200.00
Commercial $600.00
C:\Documents and Settings\Cat~.ocal Settings\Temporar~ Interact Rles\OLKIFC\2003 Fee Schedule.doc