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HomeMy WebLinkAboutCity/County Planning Board Minutes 02.04.2016 MINUTES LAUREL CITY-COUNTY PLANNING BOARD FEBRUARY 4, 2016 10:00 AM COUNCIL CHAMBERS MEMBERS PRESENT: Kathy Siegrist, Chairman Dan Koch, City Rep. Judy Goldsby,County Rep. Lee Richardson,County Rep. Greg Nelson, City Rep. OTHERS PRESENT: Noel Eaton, Planner Cheryll Lund,City Secretary CALL TO ORDER: Chairman Siegrist called the meeting to order at 10:00 am. ROLL CALL: Members present were Koch, Goldsby, Richardson, Nelson and Siegrist. ADDITION TO THE AGENDA: Officer election A motion was made by Judy Goldsby to maintain the current officers of Kathy Siegrist for Chairman and Judy Goldsby as Co-Chairman. The motion was seconded by Greg Nelson and passed by a vote of 5—0. APPROVAL OF MINUTES OF PREVIOUS MEETING: A motion was made by Judy Goldsby to approve the minutes from the December 3,2015 meeting as written. The motion was seconded by Dan Koch and passed by a vote of 5—0. NEW BUSINESS: RUSSELL MINOR SUBDIVISION City Planner Noel Eaton spoke regarding the Russell Minor Subdivision. In December of 2015,owners Tim Russell and Sean Russell, applied for a first minor preliminary plat approval for Russell Minor Subdivision which contains 5 lots on approximately 20 acres of land for residential development. The property is located 2.5 miles east of Laurel on North Magelssen Road and approximately.25 miles north of S Laurel Road in Yellowstone County. The property is not within the City of Laurel but is within the Laurel Planning Jurisdiction. The Laurel city-County Planning Board needs to make a recommendation to the Yellowstone County Commission for approval,conditional approval or denial. General location: 2.5 Miles east of Laurel on N. Magelssen Legal Description: A parcel of land described as%Section E2NESE of Section 11,Township 2 South, Range 24 East, P.M.M.,Yellowstone County, Montana Subdivider and Owner: Tim Russell and Sean Russell Engineering and Surveyor: Engineering West, Forrest Mandeville 1 Existing Zoning: Residential Tracts Existing Land Use: Agricultural/Vacant Land Proposed Land Use: Residential Gross Area: 20-acres Proposed#of Lots: 5 Lot Sizes: 3.65-5.48 acres Parkland Requirements: None FINDINGS OF FACT: The Findings of Fact for the preliminary plat of Russell Minor Subdivision have been prepared by the Laurel City-County Planning Department staff for review and recommendation by the Laurel 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. 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 Canyon Creek Ditch on the west side of the subject property. The Ditch is shown on the plat and the water rights associated with it will be split between lot owners. The property is vacant grassland and not in crop production. 2. Effect on local services a. Utilities-There is proposed individual water wells on each site for potable water supply. A multi-user elevated mound system drain field is proposed to be located on Lot 1 with individual septic tanks on each lot. Condition#1 requires any proposed onsite water and septic systems to comply with the State of Montana Department of Environmental Quality(MDEQ). Preliminary water and sanitation information was submitted with the preliminary plat application and has been submitted for review by Riverstone Heath. MDU and Yellowstone Valley Electric Co-op will provide gas and electrical utilities as necessary. According to the application,the owner/applicant is in the process of investigating utility contracts for availability and costs associated with their perspective services. Their responses were not available for the plan submittal. It is recommended as a condition of approval that the easements be provided on the final plat(Condition #2). 2 b. Stormwater-Stormwater will be retained onsite and will be in compliance with the Laurel-Yellowstone City-County Planning Area Subdivision Regulations (LYCCPASR)Section 16.4.7. A stormwater management plan shall be submitted and approved by MDEQ prior to final plat approval. c. Solid Waste-The applicant states"Solid waste disposal will be the responsibility of individual property owners and will be contracted with a licensed hauler." d. Streets-Access to lots will be from N Magelssen Rd which is an unpaved county road. No modifications to N Magelssen Rd are expected.A no access strip will run north-south along N Magelssen Rd accept for access breaks approved by Yellowstone County Public works before final plat approval.Approach permits will be acquired before approaches are installed. e. Emergency Services-The subject property is within the jurisdiction of the Laurel Rural Fire District and the Yellowstone County Sheriffs Department. In accordance with compliance with the Fire Department and the LYCCPASR,which describes requirements for fire suppression facilities,the subdivider has proposed to provide a 10,000 gallon underground storage tank and dry hydrant system.Approval must be obtained prior to final plat approval (Condition#3). Also a recordable easement document for the fire suppression system shall be provided with the final documents and the necessary easement shall be shown on the final plat(Condition#3). A RSID will be established prior to final plat approval to maintain the dry hydrant system (Condition#4). The Sheriff's Department will provide law enforcement services for the subdivision and does not have any concerns. 3. Effects on the natural environment No alteration of any stream, lake or reservoir will occur with this subdivision. The development will use noxious weed control measures to prevent the spread of noxious weeds to adjacent developed or agricultural land. In accordance with state law,the developer is required to submit a weed management plan and undergo a site inspection by the County Weed Department prior to final plat approval (Condition#5). A drainage ditch borders the Northern section of the property and should be considered hazardous. 4. Effects on wildlife and wildlife habitat There are no known endangered or threatened species on the property. Montana Fish Wildlife and Park(FWP)was provided information about the proposed subdivision,and has warned homeowners of the potential that deer could damage landscaping. 3 5. Effects on public health and safety There are several man made public safety hazards located near the property. There are overhead power lines on the east side of the subdivision across N Magelssen Rd, interstate 90 is located near the property and could be a hazard if not supervised. Plans and designs for wells and septic systems will be reviewed and approved by MDEQ prior to final plat approval (Condition#1). Fire and emergency services are provided for this proposed subdivision, including a water supply for firefighting purposes(Condition#3). B. Was an Environmental Assessment Required? (76-3-603, MCA)(Section 16.9 LYCCPASR) An environmental assessment was not required. C. Does the subdivision conform to the Montana Subdivision and Platting Act and to local subdivision regulations? (76-3-608 (3)(b), MCA) he 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)(3)(e), LYCCPASR) As required by Condition#1,any proposed septic system and wells for the site shall be reviewed and approved by the MDEQ prior to final plat 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 provide on the face of the final plat for both electric and natural gas. (Condition#2) 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) Access to the subdivision lots will be from North Magelssen Road a County Road. PROPOSED CONDITIONS OF APPROVAL 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. 1. To minimize effects on local services,approval for all water and wastewater facilities shall be obtained through the Montana Department of Environmental Quality(MDEQ) prior to final plat approval. Easements for any shared sanitary sewer systems shall be shown on the final plat, and recordable easement document(s), including a maintenance agreement plan shall be provided with the final documents. 4 2. To minimize effects on local services, utility easements shall be provided and dimensioned on the final plat for utilities provided by Yellowstone Valley Electric Co-op and Montana Dakota Utilities. 3. To minimize effects on local services,specifications and drawings for a 10,000 gallon dry hydrant system including access to the tank and pullout area shall be submitted to the Laurel Fire Department for review. The system shall also be approved. Installed, inspected, and tested prior to final plat approval. An easement for the dry hydrant system and pull out area shall be shown on the final plat,and a recordable easement document for the system shall be provided with the final documents. 4. To minimize the effects on local services,the Rural Special Improvements District(RSID)for maintenance of the dry hydrant system shall be created prior final plat approval. 5. 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. 6. Minor changes may be made in 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. 7. The final plat shall comply with all requirements of the Laurel Yellowstone City-County Planning Area Subdivision Regulations, rules, regulations, policies,and resolutions of Yellowstone County,and the law and Administrative Rules of the State of Montana. CONCULSIONS OF FINDINGS OF FACT • The preliminary plat of Russell Minor Subdivision does not create any adverse impacts that warrant denial of the subdivision. • With the proposed conditions, Russell Minor is in compliance with the Montana Subdivision and Platting Act and the LYCCPASR. • New water and wastewater facilities will be approved through the MDEQ. APPLICANT COMMENTS: Forrest Mandeville spoke. He is the Planner working on this project and represents property owner's Tim and Sean Russell. Travis West of West Engineering is the engineer on the project is also at the meeting and can answer any questions on the DEQ side.Travis has also reviewed the geo-tech report and can answer any questions. Forrest went on to say that this is a subdivision that they mentioned last summer when they came in for a zone change on the same property. The zone change was approved by Yellowstone County Commissioners which then allowed the property owners to come back with the subdivision that conforms to the zoning. 5 Forrest went on to say that a couple of issues that came up during the meeting with the commissioners had to do with groundwater. The Engineers have been monitoring the groundwater for the DEQ to establish a peak flow for groundwater and will continue to do so. While monitoring the groundwater they have also been able to identify an area that should be able to support an elevated sand mound drain field system which is a shared system. Forrest stated that this minor subdivision should fit nicely into the community and zoning. Lee Richardson asked about water rights and if property owners will be able to irrigate. Forrest stated that they will split the water rights and it will be up to the ditch company to work with the property owners. Property owners would have to be able to have the laterals in place in order to get the water over from the ditch. Currently there is no irrigation on the property. Lee Richardson asked if the percolation tests will be accurate since there has been no irrigation on that land for the past year. Forrest asked Travis West to speak to Lee Richardson's question. Travis West of West Engineering stated if property owners were going to irrigate in the future out of the ditch it could only be by sprinkler. Flood irrigation would be prohibited due to the septic systems on the property. If flood irrigation were done property owners would have water in their basements or crawl spaces. Travis went on to say they have been monitoring the groundwater since early June of 2015 and found the highest water table occurs in June. They are proposing a wastewater treatment system on the north side of the property. The DEQ has reviewed the project along with the water,stormwater plans and sewer system. The comments DEQ sent back to West Engineering is to continue to monitor the groundwater at least through June until a high peak can be established. A motion was made by Judy Goldsby to recommend approval of Russel Minor Subdivision with all conditions of approval and findings of facts as presented in the staff report. The motion was seconded by Lee Richardson. Board Discussion: Kathy Siegrist stated that because the board already recommended changing the zoning from agricultural to residential land to allow more housing,the subdivision should move forward as Laurel is desperately in need of housing. She went on to say as long as the DEQ is happy and the subdivision has met their requirements this subdivision should move forward. Kathy hopes future land owners will do their due diligence prior to purchasing the property. Judy Goldsby stated that she likes the larger sized lots. She feels that they will fit easily into the existing surrounding property because the lots will stay more natural. Dan Koch asked if N. Magelssen will be paved. 6 Noel stated that N. Magelssen can remain a gravel road. It will have to be paved is when the eternal lots of the subdivision are connected to a paved road. These lots have access to N. Magelssen which is not internal to the subdivision. Forrest stated the County has contacted them and told them N. Magelssen can remain gravel. At this time the motion was voted on and passed by a vote of 5—0. OLD BUSINESS: Airport Zoning Update. Noel stated that the Laurel Airport submitted an updated plan and documents for their proposed Airport Zoning. She has a pre application meeting with Yellowstone County today.She will set up a meeting time with the County Attorney to review the updated plan. The Laurel Airport has made the changes requested by Yellowstone County. This will be on a future agenda. Sign Code and Entryway Zoning Ordinance changes. Previous City Planner Monica Plecker recently presented this to the Council and the Council approved the changes. An Ordinance takes 30 days to become effective. It will become effective on March 3, 2016. MISCELLANEOUS: Next meeting,March 3,2016. River's Edge Industrial Park: The board will review River's Edge Industrial Park which is a proposed 15 lot commercial property owned by Nathan Zito. Dan Koch asked who he should contact regarding having a Laurel Municipal Code changed or added to and how he could access the Laurel Municipal Code. Noel stated it would be considered an ordinance change and would have to go before the City Council. The public can read the Laurel Municipal Code at the Laurel Public Library. PUBLIC COMMENT ON NON-AGENDA TOPICS:There was no public input. A motion to adjourn the meeting was made by Judy Goldsby and seconded by Greg Nelson. The motion passed by a vote of 5—0. The meeting was adjourned at 10:30 am. Respectfully submitted, C Cheryl! Secretary 7 1