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HomeMy WebLinkAboutCity/County Planning Board Minutes 04.05.2007DRAFT Members present: Others present: Minutes Laurel-Yellowstone City-County Planning Board April 5, 2007 7:00 pm Council Chambers Gerald Shay, Chairman Deb Homing, City Rep. Hazel Klein, City Rep. Todd Linder, City Rep. Miles Walton, City Rep. G-reg Johnson, County Rep. Mark Richards, City Planner Cheryll Lund, City Secretary The minutes of the March 8, 2007 meeting were approved as sent out. Mo Cones' Temporary Use Permit The owner of Mo Cones', Del Henman, informed Chairman Shay that he was requesting the site of the kiosk be changed to a location other than what he submitted on his plans to the Public Works Department. Once Mr. Henman resubmits the application with the changes on it, the Public Works Department will review it and make recommendations to the Planning Board for the May 3, 2007 meeting. Preliralnar~, Minor Plat- Jule's Harbor Subdivision - Out of City Limits This is a preliminary minor plat which consists of a gross area of 5.115 acres that will be divided into 3 lots with a minimum lot size of 1.0 acre and maximum lot size of 3.115 acres. Both the existing and proposed land use will be residential. These lots are not within Laurel's zoning jurisdictional area. Tom Kelly from North Star Land Services spoke as representative for the owner, Julie Cantrell. The physical location of tkis property is 3012 S. Laurel Road, directly south of the Pelican Truck stop. Mr. Kelly stated that the property consists of an existing house and improvements on Lot 2. Lot 1 will be 1 acre in size and Lot 3 will be 3.115 acres. The owner plans to build a new home on Lot 3 and then possibly rent out the existing home on Lot 2. They have met with County Public Works regarding the road accesses. They have submitted applications to County Sanitarian Ted Kylander's office for the water wells and septic systems. The board had no questions for Mr. Kelly. Mark Richards stated he would like a letter of clarification from the County Sanitarian in regard to the wells and septic systems. Mark read his recommendations into the record: (attached) a. A 30-foot right of way is to be dedicated to the County which p~rallels South Laurel Road. b. A utility easement along the frontage of the proposed lots is to be indicated on the plat. This request came from a letter from MDU dated March 19, 2007. c. The preliminary plat will need to meet the requirements set forth by the City of Laurel Volunteer Fire Department (see revised letter dated April 13, 2007 - submitted after the meeting). d. Complete and continue the Yellowstone County Weed Management Plan. e. Present a letter of clarification from the Yellowstone County Sanitarian, to the Yellowstone County Commissioners allowing the placement of septic tanks on the slightly under one acre parcel. Motion by Miles Walton, second by Deb Homing, to recommend approval of the preliminary plat to the Yellowstone County Commissioners, subject to the 5 conditions recommended by the City Planner. Motion carded 6-0. Public Hearing - Major Preliminary Plat - The Driftwood's Subdivision Proponents: Travis West from R.S. Consulting, LLC spoke regarding thc proposed major subdivision. This is a 58 lot subdivision with a minimum lot size of 1.0 acre and maximum lot size o£ 1.56 acres. Existing use of the land at this time is for agricultural purposes. Thc proposed land use is for single-family residcntiul homes. This proposed subdivision is located 3 miles southwest of Laurel on Shay Road. It is proposed to have paved roads throughout the subdivision and they have had Yellowstone County Public Works come and look at the road accesses. They are proposing to complete the subdivision in three phases. A 1 S-foot bike and walking path is also being proposed. 2 Engineering, Inc. conducted a traffic study and the findings show that traffic will increase on Shay Road but the increase is not considered significant enough to create a hazard. The study showed that internal traffic signs are not necessary. There will be stop signs installed at the intersection of Driftwood River Drive and Shay Road and Delta Drive and Shay Road. All of the lots will be served by individual wells and septic systems. A hydrology study was done by Aquaneering Engineers. The result of the study showed an insignificant impact to the neighboring wells and the aquifer. An application for water wells and septic systems has been submitted to the Department of Environmental Quality. That application is in the review process and expected to be approved in approximately 60 days. Utility easements will be put on the plat as per requested by the utility companies. The Laurel Volunteer Fire Department is requiring 2 dry fire hydrants of 15,000 gallons each to be located and installed before the final plats of Phase I and Phase II. (see attached letter). There is a 1-foot no access strip put in place on the lots along Shay Road as requested by the Yellowstone County Public Works. A soil study indicated that soil characteristics within the area of this subdivision indicate that there could be potential limitations for proposed construction on the lots. A weed management plan will be filed with the Yellowstone County Weed Department. Opponents: Bruce Butler, 2111 Shay Road, expressed concem regarding water and wastewater issues. He is across the road from the proposed subdivision and his property sits lower than the proposed subdivision. He is not against the subdivision, he just wants to make sure his concerns are expressed. Bob Frank, 2101 Shay Road, is concerned with the water and wastewater issues also. He has had to drill an additional well due to water issues. He questioned the validity of the hydrologists' water study done by Aquaneering and the traffic study done by Engineering, Inc. He stated that the water study was done during irrigation time which would make a big difference. He wondered what recourse he has, as a homeowner, ifkis well goes dry due to the addition of 58 homes. He questioned if there was an Environmental Impact statement done on this property. Proponents: Travis West spoke regarding the concems by the two opponents. The water study was done for 365 days and in 2 different ways. The study is saying that the aquifer is very strong and will support 58 homes in addition to the neighboring existing wells. The concern with the effluent will be reviewed by the Department of Environmental Quality as will the water concerns, as per state law. Travis went on to state that they were not required to have a hyckology study done for this subdivision. They did so because the developer had concerns on the water and wastewater issues also. That is why they hired a professional hydrologist to do a study. Bob Frank asked why the hydrology report used the Emerick well that is located 1 mile to the NE of the proposed subdivision. He felt this was not a good location to use for the study because of its distance from the proposed subdivision. Travis stated that they hired a professional hydrologist that knows the area well to do the tests. He has confidence in Aquaneering's fmdings. He also reminded the Planrfing Board and audience that the Department of Environmental Quality reviews the findings and makes the final decision on all of the information they are given from the hydrologist. At this time some of the public spoke. They expressed concern about the validity of the Aquaneering's water findings, the traffic study and a concern with the walk/bike path being right next to the ditch. Chairman Shay closed the public hearing at 7:55 pm. Greg Johnson stated that he would like to read the reports that were sent to the DEQ regarding the water and wastewater before he feels comfortable enough to approve this proposed subdivision. Travis West stated that the DEQ takes 60 days to review the water and wastewater application and they won't be done until the final plat is ready. The DEQ may have issues of concern after reviewing their application. If they do have concerns the final plat will not be allowed to go through until the issues are resolved. Travis went on to point out that it is the DEQ's responsibility to review the water and septic applications. Chairman Shay pointed out several different typo's that he found within the application. Mark Richards, City Planner, spoke regarding his concems and conditions he has concerning the application. Mark stated that he has doubts on the applicability of the sites where the test wells were done. He went on to state that it isn't his position as Planner to review this issue, but he would feel more comfortable as far as for the surrounding property owners, if he could see the DEQ's preliminary approval for this/ 4 Travis West stated that when Cal cumin reviewed this subdivision last fall he was happy with the application. Then when Travis brought it back in for submittal Mark was on board as the City Planner. Mark requested the entire subdivision be redrafted and that both hydrology and traffic studies be done. Now, after the developer has expended more time and money to hire professional engineers to do hydrology and traffic studies, he is disappointed that Mark Richards is questiordng the validity of both reports. He feels that Mark, as a Plarmer, is not qualified to question these professional studies. Mark Richards acknowledged that he was not a hydrologist but did indicate that many years ago he worked in that area. He is concerned that the surrounding property owners will not have any recourse in regards to their water and wastewater issues and concerns except through civil litigation. Hazel Klein stated that the DEQ scrutinizes and brings all of these water and wastewater factors into consideration before making a decision on any subdivision. Todd Linder stated that according to Montana State Law 16.3.1 this subdivision has to comply with state law for water and wastewater. Water and wastewater issues are not issues that the Planning Board should be debating. At this time Bob Frank stated that the traffic study didn't bring into account that the entrance to th/s subdivision is right across from his driveway and it will make a difference to his entering and exiting. He also stated that the 60 mph speed limit should be lowered. Mark Richards stated that the traffic study recommendations should be brought into consideration of this application and that there should be a turn lane put in to allow a safer accessing of this subdivision. At this time Mark Richards read his recommendations into the record. (attached) Applicant needs to create RS[Ds for the Park/Bike Path maintenance, the dry hydrants and street improvements. (Section XI, G). Dry hydrants will not necessarily be assessed at this time. SIA revisions need to be done as follows: (Section II, B) Interior street name signs are to be established and a temporary "No Outlet" sign is required until Delta Drive and Driftwood River Drive are linked. 5 E. F. G. (Section IV) "Improvements shall comply with the provisions of Section 4.7 , not 7.F. Easements for natural gas lines are to reflect the comments by MDU in the letter dated March 23, 2007. All requirements set forth in a letter from the Laurel Fire Department dated March 22, 2007 are to be followed. The Yellowstone County Weed District Management Plan is to be filed and completed. Mark also stated that the Park Land needs to be adjusted and put into a different area of the subdivision for safety reasons for children that will be using the park. At this time Mark sees the parking as long and thin and regards it as an alley. Tmvis West stated that there are no requirements for size and configuration in the County Subdivision regulations. They are not required to give park land as they can do cash in lieu of parkland. It is up to the developer to decide. He will take the boards recommendations into consideration. Mark stated that he would like to see the park have a more central location and have a gazebo, tot lot and barbeque pits put in. He does not want a park located next to the highway. He is wondering whether the board should just recommend that they do cash in lieu of parkland. Travis West stated that state law indicates that the developer has the choice whether or not to give parkland or cash. The Planning Board cannot make it a requirement. There was also a discussion on requiring cul de Sacs to be built to 67 foot radius for £nce vehicles. Because the 67 foot requirement is a City of Laurel requirement that becomes effective on May 3, 2007 it is felt by the Planning Board that this cannot be a requirement. Travis West stated that the Yellowstone County Public Works specifications for cul de sacs are 60 foot radius. Motion by Todd Linder, second by Hazel Klein, to recommend approval to the Yellowstone County Commissioners for The Driftwoods Subdivision subject to Mark's written conditions with the deletion of conditions B and D. (attached). Motion carded 6-0. There was no public input. The meeting was adjourned at 8:50 pm. Respectfully submitted, Cheryll Lund, Secretary 6 CITY OF LAUREL, MONTANA APPLICATION FOR PREL1/VIINARY PLAT APPROVAL Date application turned Name of Subdivision: ._TL. Location: General Description: General Location: Subdivider: ,2"~.1,'~_ C~-u%'~-t[ Address: 2~lz. 5-~ Telephone: ~ao o ~a z Agent or Owner: Address: Telephone: Description Date: 1. Gross area of subdivision in acres: 2. Number of lots: 3 3. Minimum and maximum lot sizes: /~,n 4. Lineal feet ofstreets: ~.' 5. Existing land use: 6. Existing zoning: Ol~ 7. Intended use or purpose: ~.~ Park requirement payment: ~ A/, 1. Land acres OR 2. Cash dollars Variances requested from terms of the Subdivision Regulations: List of materials submitted with this application: Engineer: Address: Telephone: Attorney: Address: Telephone: Is the proposed subdivision proposing to be annexed to the City of Laurel? Yes X No I declare that I am the owner of record and have examined all statements and information contained herein, and all attached exhibits and to the best of my knowledge and belief, it is true and correct. o~tier Date CITY HALL lI5W. 1ST ST. PUB WORKS: 628-4796 WATER OFC: 628-7431 COURT: 628-1964 FAX: 628-2241 ity Of Laurel P.O. Box 10 Laurel, Montana 59044 DEPAKTMENT TO; CITY OF LAUREL / YELLOWSTONE COUNTY PLANNING BOARD Board meeting of April 12, 2007 comments below revised on April 13 2007 RE: Recommendations on Jule's Harbor Subdivision FROM: Mark Richards, Planner The following items are identified- as additional terms, conditions or modifications to the above mentioned project that will need to be included in review for preliminary plat approval. Other issues might arise at the meeting wkich might be added to this list. A. A 30 foot right of way is to be dedicated to the County which parallels South Laurel Road. B. A utility easement along the frontage of the proposed lots is to be indicated. This was mentioned in a letter from Montana Dakota dated March 19, 2007. C. The preliminary plat will need to meet the requirements set forth by the City of Laurel Fire Dept. in a revised letter to be received from the City of Laurel Volunteer Fire Dept. D. Continue the Yellowstone County Weed Management Plato E. Present a letter of clarification to the Yellowstone County Commissioners from the County Sauitarian allowing the placement of septic tank~ on the slightly under one acre parcels. FIL City Of Laurel is an EEO Employer Equal Housing Opportunity LAUREL FIRE DEPARTMENT Scoa Wilm- F/re Chief Yohn Mee.~ -_qsszs~ Chef C-aq, CoEey- F~e ~ 215 West 1a $~reet Lanrel~/¢2_onrana 5~ (406) 628-4911 _April 13, 2007 Jule' s Harbor Subdivision Julie Cantrell 3012 South Laurel Road Laurel, Montana 59044 Dear Ms. Cantrell, I will not require a water storage tank be put in this subdivision. Atter further review this subdi,hsion probably falls under creating 3 lots as one already existed. Therefore for 2 lots no water taak w/Il be required. See section 4.14 of Yellowstone County Subdivision Regulations. Sorry' for the inconverJence and I believe this will work for the fire department. Fire Marshal, LVi~D PRELIMINARY PLAT APPLICATION YELLOWSTONE COUNTY PLANNING DEPARTMENT 1. NAME OF SUBDMSION: The Driftwoods 2. LOCATION: Yellowstone County A. LEGAL DESCRIPTION SE1/4 of SECTION 19 TOWNSHIP: 2 South RANGE: 24 East GENERAL LOCATION: The subdivision is located 3 miles southwest of Laurel on Shay Road. 3. NAME, ADDRESS & TELEPHONE NUMBER OF SUBDIVIDER: A. NAME: B. ADDRESS: C. TELEPHONE: Properties West, LLC PO Box 194, Columbus, MT 59019 (406) 322-1116 PLAT DATA: A. GROSS AREA: 82.425 Acres B. NET AREA: 67.861 Acres C. NUMBER OF LOTS: 58 Lots D. MINIMUM LOT SIZE: 1.00 Acres E. MAXIMUM LOT SIZE: 1.56 Acres F. LINEAL FEET OF STREETS: 7,085 linear feet G. EXISTING ZONING: None H. SURROUNDING ZONING: NORTH: None SOUTH: None EAST: None WEST: None I. EXISTING LAND USE: Agricultural Purposes S. PROPOSED LAND USE: 58 lots for single-family homes 6. PARKLAND REQUIREMEaNT (CHECK OWNER PREFERENCE) A. LAND: X B. CASH: X Acres: 2.023 DOLLARS: To be determined CMA prior to final plat. VARIANCES REQUESTED: A. N/A CITY OF LAUREL SERVICE PROVIDERS FOR PROPOSED SUBDIVISION (COUNTY PLATS ) A. GAS: B. ELECTRIC: C. TELEPHONE: D. RURAL FIRE: E. SCHOOL DISTRICT: F. IRRIGATION DITCH COMPANY: G. CABLE TELEVISION: Montana Dakota Utilities Yellowstone Valley Electric Co-op Qwest Telephone Company Laurel Voluntary Fire Department Laurel School District N/A N/A 9. LIST OF MATERIALS SUBMITTED WITH APPLICATION A. Preliminary Plat Application F. Environmental Assessment B. Preliminary Plat G. Storm Water Drainage Report & Plan C. Subdivision Improvement Agreement H. Soils-SCS Soil Survey Data D. Waiver of Rights to Protest I. MT DEQ Lot Layout E. Adjacent Property Owners J. Covenants and Restrictions and By-Laws (draft) 10. NAME, ADDRESS, & TELEPHONE OF PROFESSIONAL CONSULTANT (S) A. SURVEYOR/ENGINEER: Tom Kelly, PLS (Surveyor) North Star Land Services 33 Centennial Road, Columbus, MT 59019 (406) 322-9943 B. CONSULTANT/ REPRESENTATIVE: Travis West, R.S. R.S. Consulting, LLC PO Box 194, Columbus~ MT 59019 (406) 322-111 I DECLARE THAT I AM THE OWNER OF RECORD OF THE ABOVE DESCRIBED PROPERTY, AND HAVE EXAMINED ALL STATEMENTS AND INFORMATION CONTAINED HEREIN, AND ALL ATTACHED EXHIBITS, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS TRUE AND CORRECT. SUBDI~':~pTies BY: //~' d~-t..-"~ Travis West West, LLC ITS: BY: Jeff S/Ruffatto ITS: ~£~ ~'~ TO: CITY OF LAUREL / YELLOWSTONE COUNTY PLANNING BOARD M~ETING DATED APR.1J~ 12 2007 Recommendations on Driftwoods Subdivision Phase 1 FROM Mark Richards, Planner The following items have been identified as additions or modifications to the above mentioned project that will need to be included in review for prelim/nary plat approval. Other issues might arise at the meeting which could be added to this list. A. Applicant needs to create RS[Ds for Park/Bike Path maintenance, the dry hydrants and street improvements. (Section XI, G). Dry hydrants will not necessarly assessed at this lime. The land and location for the proposed park is unacceptable. A park ce~ttrally located d designe , st p of to be develop ent ally locate*tel t ee phases and not to lo~l~xlike a wide alle~.'xWhere are the p,~6Kkfacilifies we disjz~sed at the concept meeting? Tlfe TS lot, BBQ .a~6a ark[ covered pavilionx. A park bond'Is toXbe required that ,when phase II is developed, a proper park and facilities are to be completed, C.SIAmvisions. Section II, B Inter/or street name signs are to be established and a temporary "No Outlet" sign is required until Delta Drive and Driftwood River Drive are linked. Section IV "improvements shall comply with the provisions of Section 4.7 not 7. F E. Easements for natural gas linas are to reflect the comments by Montana Dakota in a letter dated March 23, 2007. F. All requirements set forth in a letter from the Laurel Fire Department dated March 22, 2007 are to be followed. G. The Yellowstone County Weed District Management Plan is to be filed and completed.. ,FILE