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HomeMy WebLinkAboutCity/County Planning Board Minutes 09.06.2007DRAFT MiNUTES LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD SEPTEMBER 6, 2007 7:00 PM COUNCIL CHAMBERS Members Present: Gerald Shay, Chairman Hazel Klein, City Rep. Dan Koch, City Rep. David Oberly, County Rep. Todd Linder, County Rep. Others present: James Caniglia, City Planner Cberyll Lund, City Secretary THERE WAS NO QUORUM PRESENT. Public Heafin2 - Prooosed Amendment to Section 1.11 of the Laurel-Yellowstone City-County Plannin~ Area Subdivision Re~;ulations Wyeth Friday of the Billings Planning and Community Services Department spoke regarding the proposed minor change to L.M.C. Chapter 16.011. Wyeth explained that the City of Laurel adopted amended subdivision regulations in April 2007 and the Yellowstone County Commissioners adopted amended subdivision regulations in June 2007 for the Laurel-Yellowstone City-County Planning Jurisdiction. Since that time, the Laurel Planning Jurisdiction has received subdivision plats for final review and approval. These plats were preliminary approved under the subdivision regulations in effect prior to April 2007. The previous regulations allowed a one year period between preliminary plat approval and final plat approval. Montana Code allows from one year to up to three years between preliminary and final plat approval for subdivisions. Within the City of Billings and Yellowstone County jurisdiction, a three year period between preliminary approval and final plat approval is allowed. Several applicants in the Laurel jurisdiction with final plats ready to be approved have submitted the final plats under the assumption that they had three years from preliminary plat approval. The City-County Planning Department for Billings and Yellowstone County is currently under contract to provide subdivision review services to the Laurel jurisdiction and has encountered these situations with applicants from the Laurel jurisdiction. The proposed amendment to the subdivision regulations for the Laurel jurisdiction provides up to three years between preliminary and final plat approval for plats that were preliminarily approved under the previous regulations and are within a three-year period. The Billings City-County Planning Department recommends that the Laurel Planning Board recommend to the Laurel City Council and Board of County Commissioners to approve an amendment of Chapter 16.011 of the Laurel Planning jurisdiction subdivision regulations. The amendment will allow subdivisions preliminarily approved under the regulations in effect prior to April 2007 within the past three years to submit an application for final plat approval. Opponents: No one was present for the public hearing. After a discussion by the board members it was decided that this change should be recommended to the Laurel City Council and County Commissioners, as proposed. This was the 2na public hearing held on this issue, the first one being held at the August 2, 2007 meeting. There was no public present at either public hearing. All board members present (Klein, Koch, Oberly, Linder and Shay) are in favor of the changes and recommend that this go forward to the Laurel City Council and Yellowstone County Commissioners. Public Hearing- Subsequent Minor of Amended Lot 2D-1 Canyon Creek Station Subdivision~ Second Filing Aura Lindstrand from the Billings Planning and Community Services Department gave the overview of the proposed subsequent minor plat. The property is generally located on S.E. 4th Street in Laurel. This subdivision would create 2 lots from a parcel that is approximately 1.38 acres in size. The proposed lots are .29 and 1.09 acres. The larger lot has Curt's Tin Horn Saloon, Classic Pizza, Cost Cutters, and TLC Flooring in it. The smaller lot is proposed for a dry cleaner business. The Planning staff recommends that the Laurel Planning Board give conditional approval of the plat and adopt the Findings of Fact as presented in the staff report subject to: 1. Minor changes may be made in the SIA and final documents, as requested by the Planning and/or Public Works Departments to clarify the documents and bring them into the standard acceptable format. 2. The final plat shall comply with all requirements of the County Subdivision Regulations, roles, regulations, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana. Chairman Shay pointed out a couple of minor corrections. Aura stated that those things will be corrected before this proposal is passed on to the Laurel City Council. Steve Zabroski from Engineering, Inc. spoke briefly regarding this proposed subdivision. 2 Steve stated that the parking had to be redone to meet the parking requirements. At this time the business proposed for this lot is a drive through hot dog stand. Opponents: No opponents spoke. Due to the lack of a quorum this will go on to the Laurel City Council without a formal recommendation. Proposed Tax Increment Finance District ~ Steve Zeier ~ Big Sky Economic DevelOnment Steve Zeier spoke regarding the proposed T~ district. The idea for the City of Laurel participating in this came from the Community assessment that was done in July of this year. The idea is to create a Tax Increment Finance District and a certain percentage of the taxes taken in from that TIFD will be set aside to be used for public improvements within the TIFD. Steve passed out two handouts (attached) and there was discussion and questions by the board. Steve will bring this before the Planning Board at their October 4th meeting for a recommendation to the City Council. Miscellaneous The Planning Board is lacking 3 of its county representatives and it is putting a strain on the board each month regarding having an available quorum in order to conduct business. One of the members left due to illness and the other 2 members did not reapply for their position when their terms were up. All 3 of the positions are for County representatives. The Planning Board suggested that an ad be placed in the Laurel Outlook regarding those 3 openings. The meeting was adjourned at 8:15 pm. Respectfully submitted, Cheryll Lund, Secretary PLANNING AND COMMUNITY SERVICES DEPARTMENT CITY OF LAUREL AND YELLOWSTONE COUN2~, ~'IONTANA LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD August 2, 2007 SUBJECT: TI]ROUGH: ]PRESENTED BY: Proposed Amendment to Laurel Planning Jurisdiction Subdivision Regulations Candi Beaudry, AICP, Planning Director Wyeth Friday, AICP, Plarming Division Manager INTRODUCTION The City of Laurel adopted mended subdivision regulations in April 2007 and the Yellowstone County Commissioners adopted amended subdivision regulations in June 2007 for the Laurel-Yellowstone City-County Planning Jurisdiction. Since that time, the Laurel Planning Jurisdiction has received subdivision plats for final review and approval. These plats were preliminarily approved under the subdivision regulations in effect prior to April 2007. The previous regulations allowed a one year period between preliminary plat approval and final plat approval. Montana Code allows fi.om one year to up to three years between preliminary and final plat approval for subdivisions. Within the City of Billings and Yellowstone County jurisdiction, a three year period between preliminary approval and final plat approval is allowed. Several applicants in the Laurel jurisdiction with final plats ready to be approved have submitted the final plats under the assumption that they had three years fi.om preliminary plat approval. The City-County Planning Department for Billings and Yellowstone County is currently under contract to provide subdivision review services to the Laurel jurisdiction and has encountered these situations with applicants fi.om the Laurel jurisdiction. The proposed amendment to the subdivision regulations for the Laurel jurisdiction provides up to three years between preliminary and final plat approval for plats that were preliminary approved under the previous regulations and are within a three-year period. RECOMlVlENDATION The City-County Planning Department for Billings and Yellowstone County recommends that the Laurel-Yellowstone County City-County Planning Board recommend to the Laurel City Council and Board of County Commissioners to approve an amendment to Chapter 16.011 of the Laurel-Yellowstone City-County Planning Jurisdiction subdivision regulations. The amendment will allow subdivisions preliminarily approved under the regulations in effect prior to April 2007 within the past three years to submit an application for final plat approval. ATTACItlVI~NTS A. Proposed amendment to the subdivision regulations ATTACIIIVI~NT A Recommended Amendments Laurel-Yellowstone City-County Planning Area Subdivision Regulations **Note: Proposed deletions are crossed out, proposed additions are underlined; otherwise language is as it exists in the current regulations. Existing Regulation Laneua~e 16.011 Regunafions fin Effect. (p. 3) Review and approval or disapproval o£ a subdivision under these Regulations may occur onJy under those regulations in effect at the time an application for approval of a preliminaa-y plat or an extension of preliminary plat approval is submitted to the AGB. Proposed Regulation Lan~uaae Amendment to Sectfion 14.011 Regulations in Effect. (p. 3) subd~ws~on u ............. ~ ......... may occur Review and approval or disapproval of a ' ' ' ~ *~ ~ ~';~ only under those regulations in effect at the time an application for approval of a preliminary plat or an ~ ......... r ........... J r .... re ..... :s submi~ed for r~, ~ tkc ...... :.~ k.~,, except ~at the cu~ent Re~lations shall apply as to the preliminary plat approval period. 2 PLANNING AND COMMUNITY SERVICES DEPARTMENT CITY OF LAUREL AND YELLOWSTONE COUNTY~ MONTANA Laurei-Yellowsfone City-County Planning Board September 6, 2007 SUBJECT: THROUGH: PRESENTED BY: Subsequent Minor Plat of Amended Lot 2D- 1, Canyon Creek Station Subdivision 2~a Filing, preliminat2¢' plat- Public Hearing Candi Beaudry, AICP, Planning Director David Green, Planner I ~ ~ INTRODUCTION On August 3, 2007, the Planning Division received an application for a subsequent minor plat approval for the proposed Amended Lot 2D-l, Canyon Creek Station Subdivision 2nd Filing. The property is generally located on South 4th Street in Laurel. This subdivision would create 2 lots from a parcel that is approximately 1.38 acres in size. The proposed lots are .29 acres and 1.09 acres. The Laure[ Planning Board will conduct a public hearing on September 6, 2007. RECOMMENDATION Staff recommends that the Laurel Planning Board recommend that the Laurel City Council conditionally approve the preliminary plat and adopt the Findings of Fact as presented in the staff report. VARIANCE REQUESTED No variances were requested. PROPOSED CONDITIONS OF APPROVAl, Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact. 1. Minor changes may be made in the SIA and final documents, as requested by the Planning and/or Public Works Departments to clarify the documents and bring them into the stm'tdard acceptable format. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana. PROCEDURAL HISTORY The preliminary plat application was submitted to the Planning Department on August 3, 2007. The Laurel-Yellowstone City-County Planning Board will conduct a public hearing on this application at its meeting on September 6, 2007. , Laurel City Council Work Session will be considering the application at its regular meeting on September 25, 2007. The Laurel City Council will conduct a public hearing and consider the application on October 2, 2007. PLAT INFORMATION General location: South 4th Road, Laurel Legal Description: Lot 2D-i, Block 0, Canyon Creek Station Subdivision 2nd Filing, Section 16, T2S, R24E Owner & Subdivider: JKS LLP Surveyor: Engineering Incorporated Existing Zoning: Light industrial Existing land use: Commercial Proposed land use: Commercial Gross area: 1.38 ac. Net area: 1.38 ac. Proposed number of lots: 2 Max. lot size: 1.09 acres Min. lot size: .29 acre Parkland requirements: None Variance Requested: None 2 PROPOSED YELLOWSTONE LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD FINDINGS OF FACT The Findings of Fact for Lot 2D-I, Canyon Creek Station Subdivision 2nd Filing have been prepared for the Laurel-Yellowstone 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) A. What are the effects on agriculture, local services, the natural enviroranent, wildlife and wildlife habitat and public health and safety [MCA 76-3-608 (3) (a)] I. Effect on agriculture and agricultural water user facilities The site is currently a commercial site and is not used for any agricultural production. The subdivision will have no effect on agricultural water user facilities; the property does not affect any Irrigation District. 2. Effect on local services (LYCSR, Chapter 16.4) Utilities - Lot 2D-lB has existing water service. As stated in the SIA electric power, telephone and gas are all services presently available to both lots. Fire and Police Service - The property will be served by the Laurel Volunteer Fire Department. The Laurel Police Department will provide law enforcement services. The Police Department and Fire Department had no specific requirements for this subdivision. Solid Waste D~ - the ~i::i~gs La~ia'F~ has capacity for solid waste disposal. Collection will be by private licensed haulers or the property owner/occupant. Stormwater Draina?~e - Stormwater drainage shall comply with the provisions of Section 16.4.7, LYCSR requirements and the Department of Envirortmental Quality. This lot is already developed as a parking lot and no additional storm water management measures will be needed. School Facilities - This subdivision is a commercial development and will have no effect on local schools. Public Streets and Roads - Streets accessing this proposed subdivision are already in place and built to City of Laurel standards. Parks and Recreation - This is a minor commercial plat and no park dedication is required. 3 Historic Features - No known historical or cultural assets exist on the site. 3. Effects on the natural environment There are no streams, lakes or reservoirs on this subdivision. Water and Sanitary Sewer services have already been installed for Lot 2D-lB as part ora previous project on lot 2D-lA. The development will not need a noxious weed control plan as it is a commercial site and will be completely developed. 4. Effects on wildlife and wiDdlife habitat There are no known endangered or threatened species on the proper~y. 5. Effects on public healt[t and safety There are no known conditions on the land that would have adverse effect on public health and safety. B. Was an Environmental Assessment required? [(MCA 76-3-603 and LYCSR Section 16.9.2)1 An environmental assessment is not required for this subdivision. C. The Laurel-Yellowstone City-County Planning Board finds that the subdivision complies with the Laurel-Yellowstone County Comprehensive Ptan. D. Does the subdivision conform to the Montana Subdivision and Platting Act and to the local subdivision regulations? [MCA 76-3-608 (3)(b)} The proposed subdivision will meet the requirements of the MSPA and the LYCSR if the proposed conditions of approval are met. The subdivider has complied with the subdivision review and approval procedures that are set tbrth by local and state subdivision regulations. E. Does the subdivision conform to sanitary requirements? [LYCSR Section The proposed subdivision has existing services available to it that were instaDled with a previous project. F. Zoning requirements LYCSR Section 16.3.1 The subject property is zoned Light Industrial within the city of Laurel. G, Does the proposed plat provide easements for the location and installation of any utilities? [MCA 76-3-608 (3) (c) and LYCSR Section 16.4.91 South 4th Street contains utility easements as shown on the plat. H. Does the proposed plat provide legal and physical access to each parcel within the subdivision and notation of that access on the plat? [MCA 76-3-608 (3) (d)] Legal and physical access to each lot will be from South 4th Street. CONCLUSIONS OF FINDINGS OF FACT The proposed Subsequent Minor Plat of Amended Lot 2D~I, Canyon Creek S '. - · . nd -. . tatlon Subdivzsmn 2 Filing does not create any adverse ~mpacts to local services and public health and safety that warrant denial of the subdivision. The proposed subdivision complies with state and local subdivision regulations, local zoning and provides legal and physical access to each lot. The proposed conditions of approval help to ensure compliance with these state and local subdivision regulations. RECOMMENDATION Staff recommends that the Laurel-Yellowstone City-County Planning Board recommends to the Board of County Commissioners to conditionally at?prove the preliminary plat of Amended Lot 2D-1, Canyon Creek Station Subdivision 2~° Filing and adopt the findings of fact as prepared by staff. ATTACHMENTS A: Proposed Preliminary Subdivision 2nd Filing Plat of Amended Lot 2D-l, Canyon Creek Station 5 ATTACHMENT A Proposed Amended Lot 2D-1 SCALE : 1' = 20' !LDI~ O .'. Ilw~ 6 ®nwa ®lqexej. Tax Tncrement Financing Proposed Laurel TTF District What is Tax Increment Financing? · Authorized under the Hontana Urban Renewar Law, specifically MCA 7-15-4282 · Allows a community to direct the increment in property taxes within a designated blighted geographic area to public improvements · A base year is established from which incremental increases in property values are calculated Steps to creating a T:IF District as part of an Urban Renewa~ Plan in a municipality, 1. Establish the boundaries of the proposed district. Determine where the need for public improvement exists and show blight. 2. Begin development of the Urban Renewal Plan. Plan must contain the provision for Tax fncrement Financing as well as TfF Bonding. 3. Urban Renewal Plan must be approved by the Planning Board and comply with the Growth Policy 4. Urban Renewal Plan must be approved by the City Council and Council must pass a reso!ution of blight and Resolution of Intent to Create a TIF District. Public Hearing must be set. 5. Notify all property owners within the proposed district of public hearing not less than 10 days prior to hearing. 6. Conduct first reading of ordinance creating TIF, 14 days after the submission of the Urban Renewal Plan. 7. Conduct Second reading of ordinance establishing TTF 8. District becomes effective 30 days after second reading. Eligible Activities HCA 7-15-7288: (1) Land acquisition; (2) Demolition and removal of structures; (3) Relocation of occupants; (4) the acquisition, construction, and improvement of infrastructure, industrial infrastructure, or aerospace transportation and technology infrastructure that includes streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and offstreet parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, waterlines, waterways, water treatment facilities, natural gas lines, electrical lines, telecommunications lines, rail lines, rail spurs, bridges, spaceports for reusable launch vehicles with associated runways and launch, recovery, fuel manufacturing, and cargo holding facilities, publicly owned buildings, and any public improvements authorized by parts 41 through 45 of chapter 12, parts 42 and 43 of chapter 13, and part 47 of chapter 14 and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred; (5) Costs incurred in connection with the redevelopment activities allowed under 7-15-4233; (6) Acquisition o~: infrastructure-deficient areas or portions of areas; (7) Administrative costs associated with the management of the industrial district or the aerospace transportation and technology district; (8) Assemblage of land fo, r development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the municipality itself at its fair value; (9) The compilation and analysis of pertinent information required to adequately determine the infrastructure needs of secondary, value- adding industries in the industrial district or the needs of an aerospace transportation and technology infrastructure development project in the aerospace transportation and technology district; (10) The connection of the industrial district or the aerospace transportation and technology district to existing infrastructure outside the industrial district or the aerospace transportation and technology district; (11) The provision of direct assistance, through industrial infrastructure development projects or aerospace transportation and technology infrastructure development projects, to secondary, value- adding industries to assist in meeting their infrastructure and land needs within the industrial district or the aerospace transportation and technology district; and (12) The acquisition, construction, or improvement of facilities or equipment for reducing, preventing, abating, or eliminating pollution.