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HomeMy WebLinkAboutCity/County Planning Board Minutes 02.22.2007DRAFT MINUTES LAUP~L YELLOWSTONE CITY-COUNTY PLANNINO BOARD FEBRUA_RY 22, 2007 7:00 PM CITY COUNCIL CHAMBERS PRESENT: Gerald Shay, Chairman Deb Homing, City Rep. Hazel Klein, City Rep. Todd Linder, City Rep. Dan Koch, City Rep. David Oberly, County Rep. Greg Johnson, County Rep. OTHERS: Mark Richards, Planner Cheryll Lund, City Secretary The minutes of the January 4, 2007 meeting were approved as sent out. Mark told the Board that the City is in a transition period in regards to officially adopting LMC Chapter 16 regulations. He needs input fxom the board regarding requests from 2 developers for extensions of their preliminary plats. The LMC (old version) states that requests for extensions have to be made prior to the one-year anniversary of the preliminary plat. The new LMC Chapter 16, which follows state law, states that the developers have 3-years to request an extension of the preliminary plats. Mark has received requests for extensions for Lynn Subdivision and Governor's Subdivision. Lynn Subdivision recently requested an extension for the plat originally dated April 26, 2005. The one-year deadline for this request was April 26, 2006. Governor's Subdivision had an original preliminary plat date of 1-3-06 and they requested the one-year extension on January 28, 2007. According to Mark the City should have had LMC Chapter 16 adopted by October of 2006 to go along with state law. This was not done. Mark would like the board's direction in whether he should recommend to the City Council to allow both Lynn and Governor's Subdivision this 3-year extension. After a lengthy discussion a motion was made by Todd Linder and seconded by David Obefly that Lynn Subdivision will have to resubmit their preliminary plat, complete with the appropriate fees, for review by the Planning Board; and, Governors subdivision falls under the new state mandated law and therefore can be extended until 1-3-09; ali of this is subject to the City Council and City Attorney's approval. Motion carried 6-0. Motion by Deb Homing, second by David Obedy, to request and recommend that City Council adopt the draft proposal of Laurel Municipal Code Chapter 16, as an emergency ordinance due to the City not being in compliance with state law. Motion carried 5-1 with Todd Linder voting No. Saddle Ridge Subdivision - Preliminary Minor Plat Chairman Shay asked if there were any questions from the board on this application? Mark Richards read his 11 recommendations on Saddle Ridge preliminary minor plat (see attached). Mark stated that he recommends approval subject to these 11 conditions. Discussion by board. There was a question regarding Condition #2 "To meet County development standards and at the same time promote orderly development a practical solution, if this road is to be public, is formation of an RSID and when the third of five lots is being developed the road is to be paved. If it is a private gated road a proper depth of gravel would be laid." After discussion it was decided that because this subdivision falls within Yellowstone County Commissioners jurisdiction it also falls under the adopted Yellowstone County Public Works roles and regulations and condition # 2 will be addressed by the County Commissioners prior to the finalization of the plat. Motion by Todd Linder, second by Deb Homing, to recommend approval of Saddle Ridge Subdivision preliminary minor plat, with condition #2 being changed to say"Roads are to comply with state laws and should be paved prior to the final plat being recorded. Motion carried 6-0. Mark read the £mdings of fact into the record (attached. The meeting was adjourned at 8:15 pm. Respectfully submitted, Chagall Lund, Secretary LAUREL-YELLOWSTONE CI*I~f-COUNTY PLANNIiNG BOARD ' ~PPLICATION FOR P1LELI/VI/NA~RY SUBDIVISION PLAT APPROVAJ~ (Reproducible Form) 1. Name of Subdivision: Plat of Saddle Ridge Subdivision 2. Location: Legal: 1/4 Section SE & SW Section 29 T 1s. R 24E. General: Clapper Fiat Road and Montana Highway No.' 532 3. Subdivider's Name: James E. Edwards Subdivider's Address: P.O. Box 1793, Billings, MT 59103 Subdivider's Telephone Number: 698-7000 4..Owner's Nm-ne: Same Ow'nerds Address: Owner's Telephone Number: 5. Subdivision Description Data: Crross Acres 12.46 Ac. Net Acres Number of Lots 5 Lineal Feet of Street Existing Land Use Existing Zordng Maximum Size 3. 404 Ac. l~rfinimum Size 700 Domestic Water Source Grazinm 12.46 Ac. 2.002 Ac. Cisterns Intended Use or Purpose Residential No park land needed 6. Park'Requirement Proposal: Cash (dollars); Land 7. Variances Requested From Subdivision Regulations and Reasons Therefore: (acres) a. A variance for a temporary cul-de-sac greater than 600 lineal feet. CITY OF LAUREL 115 W. 1st P.O. Box 10 Laurel, Montana 59044 MEMO SUBJECT: TO: FROM: DATE: Issues, Saddle Ridge Subdivision Prelimin~ Plat Laurel City- Yellowstone Planning Board Mark Richards, Laurel Planning Director February 22, 2007 Subdivision Improvement Agreemem 1. A variance is not required when cul-de-sac length is less than 1000 feet. 2. To meet C_,9eflevelop~tandards/an'~t the san)e time prom.cae orderly// Devel ............ evel/opfnent a/pjac, tical solu~tto~ ~fthis roa,ct~to be pub.~{ is form~ti'on of a .~RAg_I ~_and/when the third/o'f five lots is,b~mg develo~;u/d the ro .ad-is to be paved. If it/~ a private gated road a prope3 depth of gr~vel would be laid. A Storm Water Management Plan and road design is to be submitted to the Co. Public Works for review if the road is not a gated private drive. ...1 An Air Navigation Agreement is to be filed with the final Plat as a condition of approval. dy~ The comments and recommendations of the City of Laurel Fire Department in a letter dated Jan. 29, 2007 are to be followed. Filing a weed regret, plan prior to Final Plat approval is required. It must be noted that no natural gas service exists from Montana-Dakota. Geoteehnieal studies may be required for development of building sites A temporary 110 foot temporary turn around is to be established. Utility easements are to be indicated.. [ l, A notaton is to be made on the map and deeds that in the absence of a groundwater technical report to the centrary, no proof of water on individual lots is noted. APPENDIX A APPENDIX A LAUREL-YELLOWSTONE CITY- COUNTY PLANNING BOARD PRELIMINARY REVIEW CRITERIA FINDINGS OF FACT Name of Subdivision: .D~gi~/t/6 Prepared by:~ Dam: ~.-~-~5 Reviewed by/~ Da~: I. PRIMARY REVIEW CRirliRIA A. Effect on Agriculture: (circle one): la. The subdivision will remove acres from 0.ivestock) or (crop) production. (or) lb. The subdivision will have no affect on agricultural production because there is no present commercial raising of livestock or crops. (circle one): (~The subdivision will interfere not with any irrigation system or present any interference with agricultural operations in vicinity. (oO 2b. The subdivision could interfere with any irrigation system. Conditions of approv- al should require fencing and restrictive covenants. B. Effect on Local Services: (circle one) la. The subdivision will connect to the municipal water and sewer systems of The cost of connecting will be paid by the subdivider or lot buyers, and the municipali- ty should not experience an appreciable increase in maintenance and operat'mg costs. The lot buyers wLU pay regular water and sewer charges. (or) wa~supe subdivision will use on-site ply and sewage disposal. (circle one): 2a. The subdivision will receive law enforcement services from the (municipal police department) (County Sheriff's De- partment) and fire protection from the Fire Department. Providing these ser- vices to the subdivision is expected to be a negligible cost to the city (County) and fire deparUnents. Any increased costs likely will be covered by increased tax revenues from improved properties. (or) 2b. Providingthese services to the subdi- vision is expected to create $. in additional costs to the local government. (circle one): 3a. No extension of public streets or roads wll/be needed, and the subdivision will have a negligible impact on cost of road maintenance. (or) 3b. An upgrade of__ Street/Road will be necessary to serve the subdivision, at an estimated cost of $. . Annual road maintenance is expected to cost $__. 4. The land affected by the proposed subdivision currently pays an estimated $_ in local property taxes. After subdi- vision, the land and improvements are ex- pected to pay approximately $ in local property taxes, at current mili levies. C. Effect on Natural Environment: 1. The subdivision willuse proper-sized culverts as pan of constructing a private access mad from Road/Street, which will minimize problems of road drainage and erosion. (circle one): 2a. The relatively level terrain is not expected to create sigrfificant surface runoff problems. (or) 2b. The existing terrain will require cut- ting and filling, both for road construction and for grading and leveling building site(s). Some surface mn-off likely will 360- APPENDIX A occur but the grading and drainage plan is designed to prevent significant adverse impacts. 3. The subdivision is not expected to adversely affect native vegetation, soils, or the water quality or quantity of surface or ground waters. Areas disturbed by cutting and falling and grading will be reseeded in the same season to minimize erosion. 4. Proposed weed control measures will prevent the proliferation o£ weed growth within the subdivision and on areas dis- turbed by construction. D. Effect on Wildl/d'e and Wildlife Habi- tat: i a~rele one): e subdivision will not be located in an area of significant wildlife habitat, nor in any critical wildlife areas. The expected effects of pots and human activity generated by the subdivision will not silF~ificantiy affect wildlife. (or) lb. The subdivision is located in excel- lent habitat for . The subdivision will have an effect on wildlife, and the expected effects of pets and human activity generated by the subdivision could have significant affect on wildlife. (or) lc. The subdivision is located adjacent to Creek, which has an excellent fishery. Development of the lots could have an impact on the fishery, but conditions of approval require al/stmctures to be set back at least 300 feet from the streambank to minimize the impacts. (circle one): 2a. The subdivision will not result in closure of public access to hunting or fish- ing areas, nor to public lands. (or) 2b. A public trail is included in the plat to provide access to the stream or public lands. D. Effect on Public Health and Safety: (circle one): la. Based on available information, the subdivision does not appear to be subject to potential natural hazards such as flooffmg, snow or rock slides, high winds, wildfire, or excessive slopes, nor potential man-made hazards such as high voltage power lines, high pressure gas lines, nearby industrial or mining activity, or high traffic volumes. (or) lb. The subdivision is subject to poten- tial hazard from . The subdivider has committed to minimize the effect of the hazards by.'. II. REQLriREMENTS OF THE MON- TANA SUBDIVISION AND PLATTING ACT, UNIFOPJVl STANDARDS FOR MONUMENTATION, AND LOCAL SUB~ DIVISION REGULATIONS The subdivision meets the requirements of the Montana Subdivision and Platt~g Act and the surveyhug requirements speci- fied in the Uniform Standards for Monumentation, and conforms to the design standards specified in the local subdivision regulations. The subdivider and the local government have compl/ed with the subdi- vision review and approval procedures set forth in locai subdivision regulations. III. EASEMENTS FOR UTILITIES (circle one) la. No easements will be necessary to extend utilities to the subdivision. Ulilities are currently adjacent to the property or can be extended within the public road right-of- way. (or) lb. Easements to extend utilities across property(les) owned by are need- ed. Utility easements have been granted to 360-2 APPENDIX A the subdivider by those property owners, and the instruments of easements convey- ance will be ~ed with the County Clerk and Recorder. IV. LEGAL AND PHYSICAL ACCESS (circle one): la. Legal access is provided by __ Road/Street, a pubhc roadway that is adjacent to the lot(s). (or) lb. Legal access is provided by a 60-foot wide road easement across properties be- longing to . The ease- ments have been surveyed, and instruments of easement conveyance will be filed with the County Clerk and Recorder. (circle one): 2a. Physical access is provided by Road/Street, a public roadway that is adjacent to the lot(s). (or) 2b. Physical access will be provided by a mad with a ___-foot wide driving surface constructed in accordance with local road standards from Road/Street to the subdivision. 3. The following statement will be written on the face of the subdivision plat and On any instruments of conveyance: a. "Legal and physical access is provid- ed by Road/Street, a public roadway located adjacent to the propert'7." (or) b. "Legal access is provided from __ Road/Street, a public road, by a__- wide easement across property owned by · Physical access is pm- vialed by a road with a -wide driving surface." V. CONFORMANCE TO AN ADOPT- ED COMPREI-I~NSIVE PLAN (circle one): la. The subdivision plat conforms to the comprehensive plan adopted by. (or) lb. The subdivision plat is not in confor- mance with the comprehensive plan adopted by the local government for the following reasons: (Ord. 96-1 (part), 1996) 360-3