HomeMy WebLinkAboutCity/County Planning Board Minutes 04.06.2017 MINUTES
LAUREL—YELLOWSTONE CITY-COUNTY PLANNING BOARD
April 6, 2017 10:00 am
COUNCIL CHAMBERS
Members present: Kathy Siegrist, President
Dan Koch,City Rep.
Judy Goldsby,County Rep. &Vice-President
Lee Richardson, County Rep.
Hazel Klein,City Rep.
Jerry Williams,Conservation Corps Rep.
Others present: Noel Eaton, City Planner
CALL TO ORDER: The meeting was called to order at 10:00 a.m. by President Siegrist.
ROLL CALL: Members present were Koch, Goldsby, Richardson, Klein,Williams and Siegrist.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS: A motion was made by Dan Koch and seconded
by Judy Goldsby to approve minutes of the March 2, 2017 meeting. The motion carried by a vote of 5-0.
NEW BUSINESS: Public Hearing—River's Edge Industrial Park Subdivision,2"d filing.
President Siegrist opened the public hearing and asked staff to present the application.
Noel introduced the application.
In January of 2017,owners Zito Brothers LLC,applied for major preliminary plat approval for River's
Edge Industrial 2nd Filing which contains 6 lots on 4.67 acres of land for commercial development. The
subject property is located south of Laurel on Thiel Road in Yellowstone County. The property is not
within the City of Laurel but is partially within the Laurel Zoning jurisdiction and completely within the
Planning juris diction.
No variances have been requested.
The procedural history is as follows:
• A pre-application meeting was conducted with Planning Staff for the proposed subdivision in
October of 2016.
• The preliminary plat pre-application sufficiency and completeness review was done.
• The preliminary plat application was submitted to the concerned/interested agencies and
comments were received back.
• River's Edge Industrial Park 1st Filing was approved for Final Plat by the Yellowstone County
Commissioners on March 7, 2017.
PLAT INFORMATION:
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General Location: South of Laurel on Thiel Rd.
Legal Description: Parcel 2B of Amended lot 2 of COS 756 and lot 15 of River's Edge
Industrial Park Subdivision, First Filing.
Subdivider and Owners: Zito Brothers LLC
Engineering and Surveyor: Performance Engineering,Scott Aspenlieder
Existing Zoning: Highway Commercial/Outside Zoning jurisdiction
Existing Land Use: Commercial
Proposed Land Use: Commercial
Gross Area: 4.67 acres
Proposed#of lots: 6
Lot sizes: 0.62—1.00 acres
Parkland Requirements: None.
Findings of Fact:
The Findings of Fact for the preliminary plat of River's Edge Industrial Park subdivision 2"d Filing have
been prepared by the Laurel City-County Planning Department staff for review by the 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 proposed River's Edge Industrial Park Subdivision 2nd Filing will have no impact on
agriculture. The 4.67 acre site is currently a vacant lot. It is surrounded by highway
commercial businesses and to the north of the property is the River's Edge Industrial Park,
1st Filing.
There are no existing irrigation rights with the property and no modification to existing
ditches will occur with this development.
2. Effect on local services.
a. The subdivision improvements agreement has provided detailed information regarding:
• Water-the subdivision will be served by a well installed on each lot. Well
placement will comply with MDEQ standards.
• Sanitary sewer—the subdivision will be served by a Level II septic on each lot
that is pumped into a low pressure sewer main within the interior roads that fee
into a community drain field on lot 14 of the River's Edge Industrial Park 1st
filing. System will comply with MDEQ standards.
• Storm drainage—each lot will have one storm water detention pond to store
runoff. Ditches will be installed along the roadway to manage and route storm
water in the retention swales. System will comply with MDEQ standards
• Streets—local commercial access roads shall be 24-foot paved roads with 2-foot
gravel shoulders. Access to the lots is provided by E Laura Lee Lane. Traffic
Control Devices will be placed at the intersection at Thiel Rd
• Emergency Services—a 30,000 gallon dry hydrant tank will serve the River's
Edge Industrial Park 15t filing. The dry hydrant is located on lot 14 of the 1st
filing.
3. Effects on public health and safety.
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The proposed subdivision is located on vacate land that is zoned and mostly surrounded by
Highway Commercial. There will no known effects on the natural environment.
4. Effects on wildlife and wildlife habitat
There are no known endangered species or critical game ranges on site. Due to the history
of agricultural use near the site, and the adjacent commercial use, it provides little wildlife
habitat. In the SIA section addressing the conditions that run with the land,the lot owners
shall be aware that the development is within close proximity to prime deer and antelope
habitat and may affect landscaping.
5. Effects on public health and safety.
The property is located next to Theil Road. Plans and designs for wells,septic systems, and
storm drainage will be reviewed and approved by MDEQ prior to final plat approval
(Condition#1).
B. Does the subdivision conform to the Montana Subdivision and Platting Act and to local
subdivision regulations?(76-3-608(3)(b), MCA)
The 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.
C. Does the subdivision conform to sanitary requirements?(Section 3(C)(3)(e)
LYCCPASR
A water and sewer design report has been included with the application. The Subdivision
Improvements agreement identifies the developer responsibilities.
D. Was an environmental assessment required?
An environmental assessment was not required under MCA 76-3-210
E. Does the proposed plat provide easements for the location and installation of any utilities?
Utility easements shall be provided on the face of the final plat.
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)
Legal and physical access to all lots has been provided and is shown on the preliminary plat.
CONCLUSIONS OF FINDINGS OF FACT
• The preliminary plat of River's Edge Industrial Park Subdivision 2"d Filing does not create any
adverse impacts that warrant denial of the subdivision.
• With the proposed conditions, River's Edge Industrial Park Subdivision 2"d Filing is in compliance
with the Montana Subdivision and Platting Act, LYCCPASR and the City of Laurel Growth
Management Plan.
• All public improvements shall be built to Yellowstone County Public Work Standards.
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. To minimize effects on local services,approval for all water,wastewater,and storm
drainage facilities shall be obtained through the Montana Department of Environmental
Quality(MDEQ) prior to final plat approval. Easements for a 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.
2. To minimize effects on local services, utility easements shall be provided and dimensioned
on the final plat for utilities provided by Northwestern Energy and Montana Dakota Utilities.
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3. Oil and gas utility easements shall be shown on final plat.
4. 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.
5. 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.
6. The final plat shall comply with all requirements of the Laurel Yellowstone City-County
Planning Area Subdivision Regulations, rules, policies,and resolutions of Yellowstone
County,and the law and Administrative Rules of the State of Montana.
7. All road names must be approved by the County GIS Department prior to final plat approval.
RECOMMENDATION:
Planning staff recommends that the City/County Planning Board make findings and should they decide
to approve, include the staff report and staff recommended conditions and adopt the Findings of Fact as
presented.
President Siegrist asked the applicant to speak and summarize the request.
APPLICANT:
Scott Aspenlieder from Performance Engineering located at 7100 Commercial Avenue in Billings spoke.
Scott stated that this is the cleanup part of the original application as the slaughter house has been
demolished and removed. The 4-acre lot that the slaughter house was on is now going to be split into 4
1-acre parcels and the road will be carried back down to Thiel Road. By doing so this will improve access
and traffic and will give them more space. The internal road will be looped which will be an
improvement for the businesses.
Scott went on to state that the sanitary connections are going to be hooked into the existing system that
was approved by the Montana DEQ. They have gotten comments back from Montana DEQ regarding
this and they do not have any concerns regarding sanitary sewer and water. He feels this will be a good
addition to the community and stated he hopes the board will approve this application.
At this time President Siegrist asked if any proponents wanted to speak in favor of the application. She
read the rules for public hearing to the audience.
PROPONENTS: President Siegrist asked three (3)times if there were any opponents wishing to speak.
There were none.
OPPONENTS: President Siegrist asked three (3)times if there were any opponents wishing to speak.
There were none.
Judy made motion to "Approve River's Edge Industrial Park 2nd Filing with staff report,staff findings and
staff suggested conditions of approval"with a second by Hazel Klein.
Board Discussion:
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Dan Koch asked who follows up on keeping the weeds under control.
Noel stated that the county weed department looks at their weed control plan and follows up with a
visit to the property.
Lee Richardson asked if this is the same plan that the Planning Board reviewed and approved.
Noel stated that the Laurel Planning Board recommended denial because of water and sewer issues.
When the application went before the Yellowstone County Commissioners it was determined by legal
staff that they could not deny the application because those concerns were dealt with by a different
agency which is the Montana Department of Quality.
Lee stated he thought it was denied because of the concerns over the road.
Noel stated that the County Commissioners were concerned over the width of the road but this new
filing the road has been widened and moved towards the east which alleviates the concerns.
At this time, the vote was taken on the motion.The motion carried by a vote of 5—0.
NEW BUSINESS: Regal Community Park preliminary plan and request for Annexation.
President Siegrist asked staff to present the application to the board.
In January 2017, Regal Land Development applied for major preliminary plan approval for the
Development for Rent or Lease for Regal Community Park which contains 55 sites on approximately 7.85
acres of land for residential development. The subject property is located east of Date Avenue, north of
8th Street, south of Maryland Lane and West of City Park land. The property is not within the City of
Laurel but the property owner is petitioning for annexation.
RECOMMENDATION:
Planning staff recommends that the City/County Planning Board make findings and should they decide
to approve, include the staff report and staff recommended conditions and adopt the Findings of Fact as
presented.
VARIANCES REQUESTED:
There are no variances 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. The property shall be annexed into the City of Laurel.
2. There shall be Right-of-Way of 27 feet surveyed and filed under MCA exemption 76-3-201(h)
for the remainder ROW dedication for Date Avenue prior to final plan.
3. There shall be Right-of-Way of 40 feet surveyed and filed under MCA exemption 76-3-201(h)
for the remainder ROW for East Maryland Lane prior to final plan.
4. All public improvements shall be built to Montana Public Work Standards and to the
specifications made in the Subdivision Improvements Agreement provided with the
application for preliminary plan.
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5. Water and sewer connections must be approved by the Public Works Director prior to final
plan.
6. A storm water management plan must be approved by MDEQ before final plan.
7. To minimize effects on local services, utility easements shall be provided on the final plan.
8. To minimize the effects on local services, a centralized mailbox unit shall be provided as
coordinated by the U>S> Post al Service along the north side of East 8th Street. There shall
also be a concrete pad.
9. To minimize the effects on local services, as requested from the Laurel Fire Department, no
parking signs shall be provided by the developer and installed in front of all fire hydrants.
10. 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.
11. 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 plan approval.
12. Cash in lieu of parkland shall be received with final plan approval.
13. If City of Laurel solid waste services are used,a plan must be approved by the Public Works
Director.
14. The final plan shall comply with all requirements of the Laurel-Yellowstone City-County
Planning Area Subdivision Regulations, rules, policies, and resolutions of the City of Laurel,
and the law and Administrative Rules of the State of Montana.
PROCEDURAL HISTORY:
• Regal Community Park was denied annexation and preliminary plan by Laurel City Council due to
a requested variance in October of 2016. The applicant has revised the site plan and it conforms
to Subdivision Regulations at this time.
• A pre-application meeting was conducted with Planning Staff for the proposed development.
• The preliminary plat application sufficiency and completeness review was done.
PLAT INFORMATION:
General Location: East of Date Avenue, North of 8th Street,South of Maryland Lane,West
of City Park.
Legal Description: NUTTING BROTHERS 2ND FILING,S10,t02 s, r24 e Lots 7-8.
Subdivider and Owners: Regal Land Development—Dan Wells
Engineering and Surveyor: Scott Worthington—In Site Engineering
Existing Zoning: Residential Manufactured Home
Existing Land Use: Vacant/Open
Proposed Land Use: Residential Manufactured Homes
Gross Area: 7.85 acres
Proposed#of lots: 5
Lot sizes: Average lot size of 4,419 sq.feet
Parkland Requirements: Cash in lieu of parkland will be received.
FINDINGS OF FACT:
The Findings of Fact for the preliminary plat of Regal Community Park an Addition to the City of Laurel
have been prepared by the Laurel City-County Planning Department staff for review by the 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.
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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 proposed Regal Community Park will have no impact on agriculture. The 7.85 acre Regal
Community Park site is currently a vacant lot. It is surrounded on three sides by land that has
been annexed into the City of Laurel;therefore,the site is no longer considered a viable farming
unit. Areas to the South and West are currently mobile home parks and the area to the east and
north are parkland.
There are no existing irrigation rights with the property and no modification to existing ditches
will occur with this development.
2. Effect on Local services
a. The subdivision improvements agreement has provided detailed information regarding.
• Water—a 6 inch PVC water main will be install in Regal Avenue(private)to serve the
project. The point of connection is at Elm Ave and East 8th Street. There will be a private
meter vault as the main enters the development.
• Sanitary sewer—6 inch PVC sewer main will be installed. The point of connection will be at
Pine Lane and East 8th Street.
• Storm drainage-storm drainage will be approved by MDEQ and will be conveyed by way of
internal private streets to storm drain inlets and piped to a retention pond in the southeast
corner.
• Streets—access to the private development will be on the south side of East Maryland and
the north side of East 8th Street. Private internal roads(Regal Avenue and Regal Loop)will
access each pad site.
• Parks and Open Space—cash in lieu will be provided at time of final plan approval.
3. Effects on the natural environment
The development is proposed to contain 55 single family residential manufactured homes. The
property has a zoning designation of RMH and is being annexed into the City concurrent with
the preliminary plan. The proposed development will have minimal impact on local services as it
is surrounded on three sides by existing city land.
4. Effects on wildlife and wildlife habitat
There are no known endangered species or critical game ranges on site. Due to the history of
agricultural use near the site, and the adjacent residential use, it provides little wildlife habitat.
Wildlife species consist mainly of rodents and common birds. Little cover and shelter is
available for wildlife species in the area.
5. Effects on public health and safety.
Cash-in-lieu donation for parkland will be able to be used to better maintain city parks. Also,the
proposed development will improve access for the public by installing sidewalks along the south
side of East Maryland Lane and the north side of East 8th Street. This will allow residents in the
area to safely walk to the park.
B. Was an Environmental Assessment Required?(76-3-603, MCA)(Section 16.9 LYCCPASR)
An environmental assessment was required and submitted with the application.
C. Does the subdivision conform to the Montana Subdivision and Platting Act and to local
subdivision regulations?(76-3-608(3)(b), MCA)
The development,with proposed conditions, satisfies the requirements of the Montana
Subdivision and Platting Act and conforms to the design standards specified in the LYCCPASR.
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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)
A water and sewer design report has been included with the application.The Subdivision
Improvements agreement identifies the developer responsibilities in connecting to City water
and sewer services.
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 provided on the face of the final plan.
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)
Physical access has been provided by all lots by private internal streets.
CONCLUSIONS OF FINDINGS OF FACT
• The preliminary plan of Regal Community Park does not create any adverse impacts
that warrant denial of the development.
• With the proposed conditions, Regal Community Park is in compliance with the
Montana Subdivision and Platting Act, LYCCPASR and the City of Laurel Growth
Management Plan.
• All public improvements shall be built to Montana Public Work Standards.
ATTACHMENTS
A: Preliminary Plan and Supporting Documents
An environmental assessment was required and submitted with the application.
ANNEXATION: Regal Land Development
Noel introduced the annexation request from Regal Land Development and read her staff report.
Regal Land Development—Dan Wells has applied for annexation of his property located north of East Stn
Street and East Maryland along Date Avenue. The property is legally described as NUTTING BROS 2ND
FILING,510,T02s, R24, LOTS 7 &8.
STAFF FINDINGS:
1. Regal Land Development—Dan Wells is requesting the annexation of his property identified
above. The property is zoned Residential Manufactured Homes. The property is 7.85 acres in
size and is currently vacant land.
2. The application identifies the future use as a 55 site Development for Rent or Lease for
manufactured homes. The applicant has also submitted an application for preliminary plan for
Regal Community Park an Addition to the City of Laurel.
3. The application for preliminary plan provides a detailed Subdivision Improvements Agreement,
which satisfies the development agreement improvement.
4. The application conforms to the goals of the City of Laurel Growth Management Plan. The
future land use map identifies this area as Residential Manufactured Homes.
5. This application in conjunction with the application for preliminary plat meets the requirements
of the City of Laurel Annexation Policy.
6. As per the annexation police requirements adopted by Ordinance No.008-02,the planning
board shall conduct a public hearing and forward a recommendation to the City council. The
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public hearing has been advertised and scheduled at a regular Planning Board meeting to be
held September 1, 2016.
A: The City Council shall consider the following criteria when it receives a written petition for
annexation:
• The property must be located within an area identified by city staff as a location for future city
annexation or annexation of the property will promote orderly growth of the city to protect the
health, safety and welfare in areas intensely utilized for residential,commercial, institutional
and governmental purposes.
• The city must be able to provide adequate city services within a time period mutually agreed to
by the property owner requesting annexation and the city.
• Existing or proposed public improvements within the area to be annexed must meet all city
standards. If the public improvements are not constructed at the time of annexation,the
property owner shall provide the city a bond or letter of credit that equals 125%of the
estimated engineering costs for the construction of improvements. If the property owner fails
to construct the improvements or to obtain the agreed upon engineering,the city shall utilize
the bond or letter of credit to pay for the construction, including engineering; In accordance
with GASB-34,The Developer or Landowner shall provide the city the total cost and/or value of
the improvements including, but not limited to, parks,sidewalks, curb and gutter, lift stations,
and sewer and water lines,that are conveyed to the city;
• All property owners within the area to be annexed must sign a Waiver of Right to Protest the
creation of Special Improvement Districts for engineering and construction of improvement
including, but not limited to, parks, sidewalks,curb and gutter and the creation of a Park
Maintenance District, in a form acceptable and approved by the city;
• Residential densities within the area to be annexed must be rezoned at a minimum density of R-
7500; and
• The proposed land use within the area to be annexed must conform to the goals of the Laurel
Yellowstone City-County Planning Board Growth Policy.
B: The City Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in Section A herein or require an annexation agreement. The conditions of approval must
be clearly stated in the resolution of annexation or if required,the annexation agreement. If the
property to be annexed is not developed,the conditions of approval or annexation agreement shall
include a requirement for:
• A development agreement prior to the issuance of a building permit;
• A subdivision improvements agreement at the time of final plat approval, if applicable; and,
• An executed Waiver of Right to Protest creation of Special Improvement Districts for
engineering and construction of improvements including, but not limited to streets, sidewalks,
curb and gutter and the creation of a Park Maintenance District, in a form acceptable and
approved by the City.
SUGGESTED CONDITIONS OF APPROVAL:
1. In the event public improvements have not been completed at the time a building permit is
applied for,the applicant shall provide a development agreement.
2. A Subdivision Improvements Agreement shall be executed with Final Plan approval.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the time
of annexation approval.
APPLICANT: President Siegrist asked the applicant to speak regarding the application.
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Scott Worthington of Insight Engineering spoke representing Regal Development. He resides at 4118
Wood Creek Drive in Billings.
Scott stated that there will be 55 units of residential manufactured homes within the 7.85 acres of land.
The last time this application was brought before the Planning Board it was unanimously approved and
when it went to City Council they denied the application because of the variance request. The applicant
went back to the drawing board and reconfigured the layout of the project so that all 55 pad sites will
access internal private streets. They have been working closing with city planning and public works staff
so it meets all of the needs of the future residents and doesn't create a significant impact on the city of
Laurel.
Scott went on to state that they have determined that the city has water and sewer that will adequately
serve the development. The size of the project is a manageable size and he respectfully requests that
this be sent on with an approval to the City Council.
PROPONENTS:At this time president Siegrist asked 3 times if there were any other proponents wishing
to speak in favor of this application. There were none.
OPPONENTS: President Siegrist asked if there were any opponents wishing to speak in opposition of
this application.
Nancy Lausch of 1608 E. Maryland Lane spoke. She is representing the people of High Point Subdivision.
They had a real problem this past winter with the roads. There was only 1 lane open on both E. 8th and
E. Maryland. Even now if there is a pedestrian walking along either road cars are forced to drive in the
opposite lane to allow them room. She has no problem with the manufactured home park if they are
willing to update the roads. She does have a problem with more traffic the park will create.
President Siegrist asked 2 more times if there were any other opponents wishing to speak. There were
none.
Noel Eaton addressed the issue of roads and traffic that Nancy Lausch brought up. Noel stated that E.
Maryland Lane is a state urban route and there are funds available for that road. If the City felt a need to
improve that road they could petition the County and State for those funds. East 8th is half in the county
and half in the city and is in substandard conditions. Typically there would be a special improvement
district created by the city but because it is half in each jurisdiction that would make the process
impossible. Everyone in the development will have to sign a waiver of protest so that as the city
continues to annex to the east they won't be able to petition an SID.
Chairman Siegrist closed the public hearing.
Hazel made motion for the purpose of discussion to "approve the preliminary plan and annexation
request for the Regal Community Park with staff report, staff findings,and staff suggested conditions of
approval for both preliminary plan and annexation request"which was seconded by Dan Koch.
BOARD DISCUSSION:
Dan Koch asked if curb and gutter and sidewalk would be put in along Date and if the road would be
paved. And will an SID be created if it is paved.
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Noel stated that the problem with paving Date Avenue is that it is not paved at this time and paving Y2 of
a street(city side)would not work. And creating an SID when there is no planned development on the
other side of the road would not be feasible. In the event that this does have final plat approval then an
SID will be considered.
Dan Koch asked who would provide garbage service.
Noel stated that the developer would have to request services from either the city or a private hauling
service. If they request service from the city a solid waste plan will have to be given to the public works
department for their approval.
Jerry Williams asked about snow removal. Would the city provide snow removal within the park?
Noel stated that the city does not provide snow removal to a privately owned development with private
roads. That is all done within their homeowner's association.
At this time President Siegrist called for the vote on the motion. The motion carried by a vote of 5—0.
NEW BUSINESS: Major Subdivision Daylight Acres Subdivision
President Siegrist asked Noel Eaton to present the application.
In February 2017,Adventure Properties, LLC-Tytus Harkins applied for major preliminary plat approval
for Daylight Acres Subdivision which contains 15 lots on 30.27 acres of land for Residential development.
The subject property is located south of Laurel on Holstein Lane in Yellowstone County. The property is
not within the City of Laurel or Zoning Jurisdiction but is within the Planning Jurisdiction.
VARIANCES REQUESTED: None.
PROCEDURAL HISTORY:
• A pre-application meeting was conducted with Planning Staff for the proposed subdivision in
February 2016.
• The preliminary plat pre-application sufficiency and completeness review was done.
• The preliminary plat application was submitted to the concerned/interested agencies and
comments were received back.
PLAT INFORMATION:
General location: South of Laurel on Holstein Land, south of Shay Road
Legal Description: Tract 1 of COS 3650. Located in the SE 1/4 of Section 19&SW 1/4 of Section
20,T2 S, R24 E,Yellowstone County
Subdivider and Owner: Adventure Properties LLC-Tytus Harkins
Engineering and Surveyor: Genesis Engineering Inc
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Existing Zoning: Outside Zoning Jurisdiction
Existing Land Use: Vacant with two existing homes
Proposed Land Use: Residential
Gross Area: 30.275
Proposed#of Lots: 15
Lot Sizes: 0.79-1.13
Parkland Requirements: 5.17 Acres
Findings of Fact:
PLAT INFORMATION:
The Findings of Fact for the preliminary plat of Daylight Acres Subdivison have been prepared by the
Laurel City-County Planning Department staff for review by the 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.
None of the areas of the property in which the proposed subdivision lots will be developed are
currently in agriculture production.The land to the north, east, and south is mainly agriculture
farmland.The land to the west is a partially developed subdivision.
The Clarks Fork Ditch runs west-east through the property and the landowner will maintain water rights
to the ditch.There is no proposed impact to the ditch.
2. Effect on local services
a. The subdivision improvements agreement has provided detailed information regarding:
• Water-the subdivision will be served by a well installed on each lot except lot A as this
will be a community drain field. Well placement will comply with MDEQ standards.
• Sanitary sewer-The subdivision will be served by an onsite septic and drain field on five
lots(1,2,3,12, & 13). Eight of the lots will have onsite septic and dose tanks and will
pump into a community drain field on lot A. Lot 14 contains an existing home and septic
which will be maintain. Lot 13 also contains an existing home but the drain field will
likely need to be replaced.System will comply with MDEQ standards
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•Storm drainage-each lot will have storm water detention to store runoff. Ditches will
be installed along the roadway to manage and route storm water in the detention
ponds.System will comply with MDEQ standards
• Streets- Dayview Lane will be 28'wide gravel access road with a cul-de-sac. Holstein
Land is an existing road that will be widened from 12'to 28'
• Emergency Services-a 30,000 gallon dry hydrant tank will serve the development on lot
3. Effects on the natural environment
There will be no known effects on the natural environment. Road drainage will be directed to
detention ponds.A grading and drainage plan is provided. Residential runoff will be treated with
settling ponds prior to discharging into existing drainage features.
4. Effects on wildlife and wildlife habitat
There are no known endangered species or critical game ranges on site. Due to the history of a
previous dairy farm there is no significant wildlife habitat. No effect is expected to fisheries.
5. Effects on public health and safety
The property is located near the Clarks Fork Ditch.The ditch slopes south towards the
Yellowstone River so flooding from the Ditch is not expected. Flooding from the Yellowstone
River is addressed in the Flood Hazard Evaluation
B. Does the subdivision conform to the Montana Subdivision and Platting Act and to local
subdivision regulations?(76-3-608(3)(b), MCA)
The 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.
C. Does the subdivision conform to sanitary requirements? (Section 3(C)(3)(e),LYCCPASR)
A water and sewer design report has been included with the application.The Subdivision
Improvements agreement identifies the developer responsibilities.
D. Was an environmental assessment required?
An environmental assessment was required and is attached under Tab 7.
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 provided on the face of the final plat.
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)
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Legal and Physical access to all lots has been provided and is shown on the preliminary plat.
Applicant shall provide proof that the burden of Holstein Land can be increased by this
subdivision.
Dayview Lane is labeled as an access and utility easement. Applicant must supply easement
documents. If the easement is private, please EXPLICITLY state if the burden of the easement
can be increased due to further subdivision
CONCULSIONS OF FINDINGS OF FACT
• The preliminary plat of Daylight Acres Subdivision does not create any adverse impacts that
warrant denial of the subdivision.
• With the proposed conditions, Daylight Acres Subdivision is in compliance with the Montana
Subdivision and Platting Act, LYCCPASR and the City of Laurel Growth Management Plan.
• All public improvements shall be built to Yellowstone County Public Work Standards.
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. To minimize effects on local services,approval for all water,wastewater, and storm
drainage 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.
2. To minimize effects on local services, utility easements shall be provided and dimensioned
on the final plat for utilities provided by Northwestern Energy and Montana Dakota Utilities.
3. 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.
4. To minimize the effects on local services a petition to create a maintenance RSID for the dry
hydrant will need to be submitted and approved prior to Final Plat approval.
5. All road names must be approved by the County GIS Department prior to final plat approval.
6. Dead end road length shall not exceed 1,000 feet.
7. Applicant shall provide proof that the burden of Holstein Land can be increased by this
subdivision.
8. Dayview Lane is labeled as an access and utility easement. Applicant must supply easement
documents. If the easement is private, please EXPLICITLY state if the burden of the
easement can be increased due to further subdivision
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9. Final Plat shall show the appropriate FEMA floodplain boundary.
10. 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.
11. The final plat shall comply with all requirements of the Laurel Yellowstone City-County
Planning Area Subdivision Regulations, rules, policies,and resolutions of
Yellowstone County,and the law and Administrative Rules of the State of Montana.
RECOMMENDATION:
Planning staff recommends that the City/County Planning Board make findings and should they decide
to approve, include the staff report and staff recommended conditions and adopt the Findings of Fact as
presented.
APPLICANT: President asked the applicant to present his proposal and summarize the action sought.
Tytus Harkins of Adventure Properties, LLC spoke. He lives at 1927 Holstein Lane in Laurel. They are
requesting a subdivision to create 12 new parcels for sale and development. The layout sizing is in
accordance with most of what is going on in Yellowstone County. The park feature has been laid in and
designed to make a nice addition to the community. They are hoping this will be an enjoyable place to
live and a nice place to raise a family. He would like the board's feedback on the project and for the
board to recommend approval of the application.
PROPONENTS: President Siegrist asked three times if there were proponents wishing to speak in
support of the application. There were none.
OPPONENTS: President Siegrist asked if there were any opponents wishing to speak in opposition of the
proposal.
Karl Helvic of 1807 Shay Road spoke. This is the first that they had heard of the project as they received
a certified letter a few days ago. There was no information attached to the letter so this is the first time
they have seen the proposal. They have several concerns. They raise livestock on their property and
they enjoy the privacy they have now. They are concerned with the number of lots, noise from extra
kids and possible four-wheelers disturbing their livestock. They are also concerned with the number of
lots and the effect it will have on their water well. He is concerned that the drainage ditch on the north
side that has no size specified on the proposal is not large enough to drain the water. He wants the
ditch to remain open and obtainable.The road into the subdivision should be paved and not dirt. He is
wondering where the floodplain is shown on the proposal.
Mary Lou Smarsh of 1819 Shay Road spoke. They own the property north of this subdivision that will
connect to the proposed subdivision. One of her concerns is the fence that adjoins her property. She is
wondering who will be responsible for keeping the fence up as she has cattle that run on her property.
Mary Lou is also concerned about their water well because of the added housing units. She is concerned
with adding more traffic onto Shay Road. She wondered if the county has plans for the road to make it
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safer because it is already unsafe. Her biggest concern is the road. She is concerned that they will be
looking at people's backyards and not the hills and pastures. She thanked the board for their time.
President Siegrist asked one more time if there were any other opponents wishing to speak in
opposition of the proposal. There were none.
Noel spoke. As far as the size of lots and the wells: Montana Department of Environmental Quality
allows the minimum of 1 acre parcel for a well and septic system. The water,wastewater and storm
drainage is all reviewed and approved by the Department of Environmental Quality before the final plan
can be presented back to the Planning Department. The plat cannot move forward until it is approved.
Noel went on to say that there is an easement provided for the drainage ditch that runs north and
south. The floodplain designation must be shown on the final plat prior to approval.
Noel stated that as far as the issues on Shay Road: this size of a subdivision does not require a traffic
study. If it comes during review by the County Commissioners it is possible they would do something.
The county does not require paved roads unless it directly flows out onto an already existing paved
road.
Noel asked Tytus Harkins to address who will be responsible for maintaining the fence. The subdivision
is proposing a homeowner's association that would own and maintain the maintenance issues on the
property which would include the perimeter fence.
Noel stated that the Planning Board can review the rules and regulations of the Homeowners
Association but once the plat is filed the Planning Board cannot enforce them. Those issues are
addressed by the homeowner's themselves.
President Siegrist closed the public hearing.
A motion was made by Dan Koch to approve Daylight Acres Subdivision with staff report, staff findings
and staff suggested conditions of approval. The motion was seconded by Judy Goldsby.
BOARD DISCUSSION:
Jerry Williams is concerned that the street won't be paved all the way out to Shay Road.
Noel stated that the County Commissioners could decide to change it to a paved road. But from the
Laurel Subdivision regulations because the road accesses Holstein Lane,which is a gravel road,the road
does not have to be paved. Noel referred back to her proposed conditions number 5—8 in her staff
report.
Jerry Williams asked what the criteria was to require a traffic study.
Noel stated that there has to be at least 500 trips per day before a traffic study is required.
Hazel Klein asked about the statement on soil type in regards to prior to building on the lots.
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Noel stated that this is addressed in the Geotechnical section of the SIA which states what should be
done prior to construction.
Dan Koch stated that due to the short distance of the road it should be required to be pave as it will
create dust.
Noel stated she will talk to public works about that.
Dan Koch also asked about the fence.
Noel stated that the fence maintenance and construction is addressed in the SIA(Subdivision
improvements agreement)within the Homeowners association.
Jerry Williams asked who owned the existing house that butts up to Shay Road.
Noel does not know.
Karl Helvic of 1807 Shay Road said he is the property owner and does not think it's appropriate that the
road will not be paved.
Noel reiterated that she will bring it up to the county public works department as well as the
Yellowstone County Commissioners.
Hazel Klein questioned the road widths as to whether or not they fall within the regulations of
Yellowstone County.
Noel stated that they do.
Hazel Klein asked if the surrounding property owners were notified by the Planning department of a
public hearing regarding the subdivision.
Noel stated that certified letters were sent to adjacent properties with the statement that all of the
information regarding the proposed subdivision could be found at the Planning Office in Laurel City Hall.
Jerry Williams made a motion to amend the current motion to include a condition of approval to add
ditch easements to the face of the final plat. Dan Koch seconded the motion.
The motion to add the above condition was carried by a vote of 5-0.
The motion to approve Daylight Acres Subdivision with staff report,staff findings and staff suggested
conditions of approval and a 12th condition that ditch easements must be shown on the face of the final
plat. The motion carried by a vote of 5—0.
NEW BUSINESS: Allen Annexation at 202 gth Avenue and Zone Change to Residential Multi-family.
President Siegrist asked Noel to introduce the Application for Annexation and Zone change for Mark
Allen and read her staff report.
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INTRODUCTION:
Mark Allen submitted a petition for the annexation of 202 8th Avenue legally described as Sec 8,T25,
R24E, SENESESE4less .1SacHWY. The subject property is located on the west side of 8th Avenue
between W 2nd Street and W 3rd Street. The property is adjacent to the City of Laurel.
HISTORY:
• In February 2017 the applicants agent and staff had a pre-application meeting
o Notices were sent to the Laurel Outlook and adjacent property owners at least 15 days
prior to the public hearing.
STAFF FINDINGS:
1. Mark Allen is requesting the annexation of the property identified above.The property is zoned
Residential Tracts.The applicant is requesting a zoning change to Residential Multi-Family.
2. The property is approximately 2.35 acres.
3. The lot is currently vacant with a vacant single family residence located in the SE corner of the
parcel.
4. The proposed use would be approximately 18 townhomes created by master site plan and
deceleration of unit ownership.
5. The property is located along 8th Avenue which is classified by MDT as an Urban Route
6. Adjacent Zoning:
a. North= R-6,000(City)
b. South=Residential Multi-Family(City)
c. East= R-5,00 (City)
d. West= Residential Tracts(County)
7. This is the final remaining parcel along 8th Avenue that still remains within Yellowstone County.
Annexation of this property will create City limits along the entire length of 8th Avenue.
8. As per the annexation policy requirements adopted by Ordinance No. 008-02,the planning
board shall conduct a public hearing and forward a recommendation to the City Council.
ANNEXATION CRITERIA AND REQUIREMENTS
A: The City Council shall consider the following criteria when it receives a written petition for
annexation:
•The property must be located within an area identified by city staff as a location for future city
annexation or annexation of the property will promote orderly growth of the city to protect the
health, safety and welfare in areas intensely utilized for residential, commercial, institutional
and governmental purposes.
•The city must be able to provide adequate city services within a time period mutually agreed to
by the property owner requesting annexation and the city;
•Existing or proposed public improvements within the area to be annex must meet all city
standards. If the public improvements are not constructed at the time of annexation, the
property owner shall provide the city a bond or letter of credit that equals 125%of the
estimated engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering,the city shall utilize the
bond or letter of credit to pay for the construction, including engineering; In accordance with
GASB-34,the Developer of Landowner shall provide the city the total cost and/or value of the
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improvements including, but not limited to, parks,sidewalks, curb and gutter, lift stations,and
sewer and water lines,that are conveyed to the city;
•All property owners within the area to be annexed must sign a Waiver of Right to Protest the
creation of Special Improvement Districts for engineering and construction of improvements
including, but not limited to, streets, sidewalks,curb and gutter and the creation of a Park
Maintenance District, in a form acceptable and approved by the city;
•Residential densities within the area to be annexed must be rezoned at a minimum density of
R-7500; and
*The proposed land use within the area to be annexed must conform to the goals of the Laurel
Yellowstone City-County Planning Board Growth Policy.
B:The City Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in Section A herein or require an annexation agreement.The conditions of approval must
be clearly stated in the resolution of annexation or if required,the annexation agreement. If the
property to be annexed is not developed,the conditions of approval or annexation agreement shall
include a requirement for:
• A development agreement prior to the issuance of a building permit;
• A subdivision improvements agreement at the time of final plat approval, if applicable
and
• An executed Waiver of Right to Protest creation of Special Improvement Districts for
engineering and construction of improvements including, but not limited, streets,
sidewalks,curb and gutter and the creation of a Park Maintenance District, in a form
acceptable and approved by the City.
SUGGESTED CONDITIONS OF APPROVAL
1. In the event public improvements have not been completed at the time a building permit is
applied for,the applicant shall provide a development agreement.
2. If the public improvements are not constructed at the time of annexation,the property owner
shall provide the city a bond or letter of credit that equals 125%of the estimated engineering
costs for the construction of improvements. If the property owner fails to construct the
improvements or to obtain the agreed upon engineering,the city shall utilize the bond or letter
of credit to pay for the construction, including engineering; In accordance with GASB-34,the
Developer of Landowner shall provide the city the total cost and/or value of the improvements
including, but not limited to, parks, sidewalks,curb and gutter, lift stations,and sewer and water
lines,that are conveyed to the city.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the time
of annexation approval.
4. An exempt lot line adjustment survey must be submitted to the Planning Department to ensure
ROW dedication on W 3rd Street,8th Avenue, and W 2nd Street.
APPLICANT: Tom Llewellyn spoke representing the developer. His address is 1925 Grand in Billings
Montana.Tom stated that this is step one of the process to bring this piece of property into the City of
Laurel. The water and sewer are located to the east of the site.They want to change the zoning so they
can do a master site plan when they will also do the lot line adjustments with the correct right-of-ways
for the city to have for future streets. The existing home will be removed with the intent of putting 9
duplex style townhomes which would be 18 units on the 2.35 acres.
PROPONENTS: President Siegrist asked three times if any other proponents wished to speak in favor of
the application. There were none.
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OPPONENTS: President Siegrist asked three times if any opponents wished to speak in opposition of the
application. There were none.
President Siegrist closed the public hearing.
A motion was made by Judy Goldsby to approve the annexation request of 202 8th Avenue with staff
report,staff findings and staff suggested conditions of approval. The motion was seconded by Jerry
Williams.
Noel stated that the applicant is requesting the zone be changed to Residential Multi-family. This does
fit within the neighborhood as property to the south is zoned Residential Multi-family.
BOARD DISCUSSION:
President Siegrist read a letter of protest from Wade Thompson. Mr.Thompson lives at 404 W.8th
Street in Laurel. He is not opposed to the annexation but not to the zone change to Residential Multi-
family.
At this time the vote was taken on the motion to approve the annexation request for 202 8th Avenue
with staff report, staff findings and staff suggested conditions of approval. The motion carried by a vote
of5-0.
NEW BUSINESS: Special Review Town&Country
President Siegrist asked staff to present the Special Review for Town&Country for sale of alcohol at an
existing restaurant.
Noel Eaton read her staff report to the board.
DESCRIPTION/LOCATION:
Town &Country Supplies has submitted an application for special review.The affected property is
located at 817 West Main Street in the City of Laurel.The Parcel is zoned Highway Commercial.The
applicant is requesting a special review for the sale of alcohol at an existing restaurant.The property is
legally described as 508,T02 S, R24 E, COS 3590, Parcel 1 (16).
STAFF FINDINGS:
Applicant Data:
Owner:
Legal Description: S08,T02 S, R24 E,COS 3590, Parcel 1 (16)
Address : 817 West Main Street
Parcel Size: 75,054 Sq. Ft.
Existing Land Use: Gas Station, C Store, Casino
Proposed Land Use: Casino with sale of Alcohol
Existing Zoning: Highway Commercial
Surrounding Land Use and Zoning(See Exhibits A&B)
North: Zoning: Residential Multi-Family Land Use: 8th Ave Townhomes
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South: Zoning Highway Commercial Land Use: Ace Electric
East: Zoning Central Business Dist. Land Use: Residential
West: Zoning: Highway Commercial Land Use: Residential
1. The application and zoning map have been attached.
2. The application is requesting a special review from LMC 17.20.020 which states"cocktail
lounges, restaurants, bars and taverns" are only allowable by Special Review in properties zoned
Highway Commercial.
3. The sale of alcohol will occur at the Casino.
4. LMC 17.48.090 states that"No building, structure or premises shall be used for retail alcoholic
beverage sales unless:
1. The lot or parcel of land so to be used has a street frontage of at least 100'and an
average depth of at least 100'
2. A distance of 600' between property lines measured in a straight line from any building
that is primarily used as a church or school, or from a public park that contains a
children's playground or playfield.
This property has a street frontage of at least 100'of street frontage and is not within 600 ft of a school
church or public park, playground, or play field.
5. The advertising requirements of LMC 17.68.030 C-E have been met.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission shall review and make determinations on the following chapters and sections of
the Laurel Municipal Code(LMC):
1. Prior to approving a special review application LMC 17.68.040 states the application:
1. Complies with all requirements of this section;
2. Is consistent with the objectives and purposes of this title and the Laurel Comprehensive
Planning Process;
3. Is compatible with surrounding land use or is otherwise screened and separated from adjacent
land in such a way as to minimize adverse effects;
4. Further the zoning commission shall consider and may impose modifications or conditions
concerning, but not limited to the following:
a. Street and road capacity,
b. Ingress and egress to adjoin streets,
c. Off-street parking,
d. Fencing, screening and landscaping,
e. Building bulk and location
f. Usable open space,
g. Signs and lighting.
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2. As per LMC 17.68.040 the Zoning Commission shall make a recommendation to the Governing Body
to:
1. Grant the application for special review;
2. Deny the application;
3. Delay action on the application for a period not to exceed thirty days; or
4. Grant the application subject to conditions and recommendations and give the reasons therefor.
STAFF SUGGESTED CONDITIONS:
If the Planning Board recommends approval of the Special Review,the following conditions are
suggested:
1. Property shall be kept free of noxious weeds.
APPLICANT: Wes Burley,the General Manager of Town and Country spoke. This is an existing liquor
license that is being moved. He feels that the change of the landscape of that corner where the business
is located is beneficial to the city. He asked the Planning Board to recommend approval and move the
proposal on to the City Council.
PROPONENTS: President Siegrist asked three times if there were any proponents wishing to speak in
favor of the proposal. There were none.
OPPONENTS: President Siegrist asked three times if there were any opponents wishing to speak in
opposition of the proposal. There were none.
President Siegrist closed the public hearing.
A motion was made by Dan Koch to approve the Special Review for Town and Country for the sale of
alcohol on the premises with staff report, staff findings and staff suggested conditions of approval. The
motion was seconded by Judy Goldsby.
BOARD DISCUSSION:
Dan Koch asked why the access on 8th Avenue is not very wide. It causes traffic back ups on 8th Avenue.
Wes Burley stated that the access Dan was talking about was an existing access and they have talked
about widening it but there are no set plans to do so. There are two accesses off of 8th Avenue that can
be used to alleviate the traffic backup.
At this time the vote was taken on the motion to approve the Special Review for Town and Country for
the sale of alcohol on the premises with staff report,staff findings and staff suggested conditions of
approval. The motion carried by a vote of 5—0.
OLD BUSINESS:
Noel stated that a new member,Gary Colley has been appointed to the Planning Board as a city
representative and will attend the May 4, 2017 meeting. He brings a lot of knowledge to the board.
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MISCELLANEOUS:
The next meeting will be May 4, 2017 at 10:00 am. There will be an an for a variance for an
allowable use in Highway Commercial for a marijuana dispensary.
PUBLIC COMMENT ON NON-AGENDA TOPICS: There was no public wishing to speak.
ADJOURNMENT: A motion to adjourn was made by Hazel Klein and seconded by Dan Koch. The
meeting was adjourned.
Respectfully submitted,
" ,,m,�
um1
Chery|| L nd,Secretary
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