HomeMy WebLinkAboutOrdinance No. O07-09ORDINANCE NO. 007-09
ORDINANCE AMENDING A SECTION OF THE
"LAUREL SUBDMSION REGULATIONS" LOCATED
AT CHAPTER 16 OF THE LAUREL MUNICIPAL CODE.
WHEREAS, the City of Laurel adopted amended subdivision regulations in April 2007
via Ordinance No. O07-01, and the Yellowstone County Commissioners adopted amended
subdivision regulations in June 2007 for the Laurel-Yellowstone City-County Planning
Jurisdiction; and
WHEREAS, the City-County Planning Department for Billings and Yellowstone County
is currently under contract to provide subdivision review services for the City of Laurel and has
received subdivision plats for final review and approval that were preliminarily approved under
the subdivision regulations in effect prior to April 2007; and
WHEREAS, the City of Laurel subdivision regulations prior to April 2007 allowed for a
one year period between preliminary plat approval and final plat approval, while the City of
Billings and Yellowstone County currently allows a three year period. Montana Code allows for
one year up to three years between preliminary and final plat approval for subdivisions; and
WHEREAS, this amendment to the subdivision regulations in the Laurel Municipal Code
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.
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
16.011 Regulations in Effect,
Review and approval or disapproval of a subdivision may occur only under those
regulations in effect at the time an application for approval ora preliminary plat is submitted for
review, except that the current Regulations shall apply as to the preliminary plat approval period.
This Ordinance becomes effective thirty (30) days after final passage by the City Council
and approval by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
August 21 ,2007, by Council Member Eascon
007-09 Amendment to Subdivision R~gulatiens
PASSED and ADOPTED by the Laurel City Council on second reading this 18th day
of September ,2007, upon motion of Council Member Stamper ·
APPROVED BY THE MAYOR this 18th day of September , 2007.
ATTEST:
Mary K. ~nbleton, Clerk-Treasurer
Elk River Law Office, P.L.L.P.
O07-09 Amondmeat to Subdivision Regulations
PLANNING AND COMMUNITY SERVICES DEPARTMENT
CITY OF LAUREL AND YELLOWSTONE COUNTY, MONTANA
LAUREL CITY COUNCIL WORKSESSION
August 14, 2007
SUBJECT:
PRESENTED BY:
Proposed Amendment to Laurel Planning Jurisdiction
Subdivision Regulations
Wyeth Friday, AICP, Planning Division Manager,
City-County Planning Department
INTRODUCTION
The City &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 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 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 f'mal 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
preliminary approved under the previous regulations and are within a three-year period.
RECOMMENDATION
The City-County Planning Department for Billings and Yellowstone County recommends
that the Laurel' City Council conduct a public hearing and approve an amendment to
Chapter 16.011 of the Laurel-Yellowstone City-County Planning Jurisdiction subdivision
regulations. The amendment will allow subdivisions preliminarily approved within the
past three years under the regulations in effect prior to April 2007 to submit an
application for final plat approval.
ATTACHMENTS
A. Proposed amendment to the subdivision regulations
ATTACHMENT A
Recommended Amendments
Laurel-Yellowstone City-County Planning Area Subdivision Regulations
**Note: Proposed deletions arc crossed out, proposed additions are underlined;
otherwise language is as it exists in the current regulations.
Existing Regulation Language
16.011 Regulations in Effect. (p. 3)
Review and approval or disapproval of a subdivision under these Regulations may occur
only under those regulations in effect at the time an application for approval of a
preliminary plat or an extension of preliminary plat approval is submitted to the AGB.
Prooosed Regulation Lanoua~,e
Amendment to Section 16.011 Regulations in Effect. (p. 3)
Review and approval or disapproval of a subdivision .............. ~ ......... may occur
only under those regulations in effect at the time an application for approval of a
liminary plat ' itted fo i
....... · ~:~ ^~ ~u_: ..... 1.~ ........ ~ :s subm r rev ew,
lh~goqq~mi~except that the current Regulations shall apply as to the preliminary
plat approval period.
2
YELLOWSTONE BOARD OF COUNTY COMMISSIONERS
YELLOWSTONE COUNTY~ MONTANA
TUESDAY, JUNE 12, 2007
SUBJECT:
FROM:
Amended Laurel-Yellowstone City-County Planning Area Subdivision
Regulations - Public Hearing and Resolution to Adopt
Candi Beautify, AICP, Director, Planning and Community Services Dept.
INTRODUCTION
On April 24, 2007 the Yellowstone County Commissioners passed a Resolution of Intent to
adopt the amended Laurel-Yellowstone City-County Subdivision Regulations. The proposed
amendments are required to implement 2005 legislative changes to the Montana Subdivision and
Platting Act. The amended regulations mirror those adopted in 2006 for the remainder of
Yellowstone County with the exception of the associated fees. The original intent was to adopt
the same fees recently adopted by the City of Laurel, which differ significantly fi-om the County
fees. The Laurel-Yellowstone City-County Planning Board reconsidered its original
recommendation at a regularly scheduled meeting on June 7 and is forwarding a
recommendation to adopt the County subdivision fee schedule.
RECOMMENDATION
The Laurel-Yellowstone City-County Planning Board recommends that Board of County
Commissioners continue the public hearing for the adoption of the Amended Laurel-Yellowstone
City-County Subdivision Regulations originally scheduled for May 29, 2007, and approve the
Resolution to Adopt the Amended Laurel-Yellowstone City-County Subdivision Regulations,
including the County Subdivision Fee Schedule.
ATTACHMENTS A. Resolution to Adopt the Laurel-Yellowstone City-County Subdivision Regulations, dated
for June 12, 2007
B. County Subdivision Fee Schedule
Page 1 of 4
ATTACHMENT A
RESOLUTION NO. 07-Y~]~
RESOLUTION TO ADOPT TI~ AMENDED LAUREL-
YELLOWSTONE CITY-COUNTY SUBDMSION REGULATIONS
WHEREAS, the Yellowstone County Commissioners passed a Resolution in
August, 1996; this resolmion adopted Laurel-Yellowstone City-County Planning Area
Subdivision Regulations as amended; and
WHEREAS, the Yellowstone County Commissioners now wish to amend those
Regulations provided in the 1996 Edition; and
WHEREAS, the Yellowstone County Commissioners passed a Resolution of
Intent on April, 24, 2007 to adopt the Laurel-Yellowstone City-County Planning Area
Subdivision Regulations as amended and held a public hearing on the proposed
regulations on May 29, 2007; and
WHEREAS, on the 7th day of December, 2006, a public hearing was held by the
Laurel-Yellowstone City-County Planning Board for the purpose of receiving public
cements on the proposed Amended Laurel-Yellowstone City-County Planning Area
Subdivision Regulations and on the 29th day of May, 2007, the Yellowstone Board of
County Commissioners opened a public hearing for the same purpose at its regularly
scheduled meeting and continued the public hearing until June 12th, 2007;
WHEREAS, The Laurel-Yellowstone City-County plpnn{ng Board recommends
the Board of County Commissioners adopt the proposed Amended Laurel-Yellowstone
City-County Planning Area Subdivision Regulations and any ordinances and resolution
for its implementation:
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of County
Commissioners adopts the Amended Lanrel-Yellowstone City-County Subdivision
Regulations.
Page 2 of 4
ATTACHMENT A
DONE BY ORDER of the Board of County Commissioners, Yellowstone County,
Montana this 12th day of June, 2007.
BOARD OF ~ COMMISSIONERS
~OUNTY, MONTANA
~--<l~ames E. RI:no, Chairman
B~K~edY"~Member ~
(SEAL)
/ / .~A/~ ~
TSny l~a~e~"0.lerk and R~rder
Page 3 of 4
ATTACHMENT B
COUNTY SUBDMSION FEE SCI~DULE
SUBDMSION FEES
Prelknin~ Major Plat
6 to 40 lots
41 to 200 lots
Over 200 lots
$1500.00
$3,500.00
$4,500.00
Preliminary Minor Plat
$550.00
Preliminary Subseq.ue~nt Minor Plat
$1,500
Final Major Plat
6 to 40 lots
41 to 200 lots
Over 200 lots
$400.00
$600.00
$900.00
Final Minor Plat
$250.00
Final Subsequent Minor Plat
Expedited Plat
$250.00
$400.00
Exempt Plat
$200.00
Corrections or Vacations of Recorded Final subdivision
plats or supporting documents
$200.00
Corrections or Adjustments to Plats, Conditions, and
supporting documents after preliminary plat approval
Minor Adjustments
Major Adjustments
__.Major subdivisions affecting:
6 to 40 lots
41 to 200 lots
Over 200 lots
Minor subdivisions
$200.00
as below
$1,000.00
$3,00O.O0
$4,000.00
$400.00
Page 4 of 4