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1988-02-02 MINUTES " - �efEersun (llAUxrtg �[�tx�ttixt� �n�rd ` fQauxtl�uixsE �mxlDsr, �Iaxt#ttntt 59G32 • MINUTES March 2 , 1988 Present : Planning Board members Ralph Driear, Barbara Purdy, Jim Harper , Gerry Keogh , Mark Mackin , Marylee Norris , Planning Consultant Lisa Bay and Secretary Becky Gilmer . Guests : Jack and Judy Lowry , Tom Wing , Rod and Synthia Vollertsen , Penny Koke , Jim Whaley , Steve Apgar , Richard Llewellyn, and Doug Schmitz . Vice-Chairman Ralph Driear called the meeting to order at 7 : 10 p .m . The minutes for the Board ' s meeting on February 9 , 1988 , were approved with the following correction: "Lisa pointed out that the lots in Mountain Park Homes were much smaller than the lots in Jefferson Tracts subdivision and therefore might be subject to special consideration by the Planning Board. " PUBLIC HEARING -- MOUNTAIN PARK HOMES Consultant Lisa Bay introduced the preliminary plat of Mountain Park Homes and presented the staff report (attached) , addressing topography, access, proximity to Helena, and her recommendations for conditional approval of the subdivision. She noted that the developer requested the following variances : 1 . To construct Mountain Park Road to a 20-foot width with a 30 ' radius cul-de-sac; 2 . To construct Hunter Road to a 20-foot width with a 20 ' x 20 ' temporary hammerhead turnaround to serve Lots 11 and 12; and 3 . To build Crest Drive to a 16-foot width with a 20 ' x 40 ' hammerhead turnaround to serve Lots 2 , 3 and 4 . Lisa recommended approval of the variances to minimize slope cuts, erosion and removal of vegetation. County Attorney Richard Llewellyn noted that the restrictive covenants would have to be revised to meet the requirements of the County Subdivision Regulations. On behalf of the developer , Engineer Tom Wing disagreed with Lisa ' s recommendation that all building be prohibited on slopes over 25 percent except on approved roads . He expressed his concern that buildings with appropriate architectural design should be allowed on land with slopes over 25 percent through the • review and approval of the homeowner ' s association. • Planning Board Minutes 2 March 2, 1988 The meeting was then opened for public comments . JIM WHALEY spoke first as an adjacent landowner to the southwest of the proposed subdivision. He said that he had no problems with the road widths , but that noxious weed control measures should be taken wherever the soil was disturbed. He noted that it would be beneficial to area homeowners if uniform building standards were enforced . He concluded that the proposed subdivision was a good subdivision and a good use for the property. Developer JACK LOWRY commented that the restrictive covenants would include uniform building standards . Superintendent PENNY KOKE expressed the Montana City School District ' s concern regarding the eligibility of children residing in the proposed subdivision attending school in the Helena district . She reported that Lisa Bay had measured the distance between the Smith School in Helena to the closest lot in the subdivision as 3 . 5 miles . In this case , according to tuition laws , children who lived in the subdivision who were in grades kindergarten through eighth grade would not have the • option to go to the Helena district unless their parents chose to pay the tuition. Ms . Koke expressed her concern that the record note the distance between Smith School in Helena and the closest lot in the subdivision as 3 . 5 miles , which eliminates the possibility of the Montana City School paying mandatory tuition for those children wishing to attend the Smith School . Also noted for the record was that the information on schools in the subdivision application report was inaccurate. With no further public comments offered, the meeting was closed to the public comment period. The Board members discussed the staff recommendation to prohibit building on slopes exceeding 25 percent and whether or not the County Commissioners should be a party to the restrictive covenants for enforcement purposes. Following discussion, Mark Mackin moved that the condition prohibiting building on slopes exceeding 25 percent be included in the Board 's recommendation for conditional approval of the subdivision . Barbara Purdy seconded the motion . Vote; Ralph Driear , Barbara Purdy, and Mark Mackin voted in favor of the motion; Jim Harper, Marylee Norris, and Gerry Keogh opposed the motion. Because of the tie vote, the Board members decided to relay the matter to the County Commissioners for their consideration. The Board members then discussed whether the County Commissioners should be a party to . the restrictive covenants for enforcement purposes; this option will also be referred to the Commissioners for their consideration. • Planning Board Minutes 3 March 2, 1988 Jim Harper moved, seconded by Gerry Keogh, to recommend approval of the variances requested by the developer and approval of the preliminary plat of Mountain Park Homes contingent on the following conditions : 1 ) The developer shall submit proof of dedicated access for public use to the property in a form acceptable to the county attorney; 2 ) Articles of incorporation , bylaws and covenants shall be amended to make references to building design standards and maintenance of common areas and parklands , and weed control as well as any amendments recommended by the county attorney; 3 ) The plat shall be redesigned to show the following : a. relocation of the well site outside of the right-of-way of Mountain Park Road; b. redesign of Lot 1 to bring it into conformance with lot depth requirements; • C. additions to the drainage easements to extend into Lot 2 to the southern lot line on the western drainage and to within 150 feet of the southern lot line on the eastern drainage; d. the 30-foot walkway easement to the common area between Lots 6 and 7 ; e. a no-access easement along the southern lot lines of Lots 3 and 4 ; f . the dimensions of the hammerhead on Crest Drive; g. dimensions of the drainage easement widths ; h. private road ownership and public use dedication; and i . utility easements in dashed lines and a statement in conformance with pg. 61 , item f . on the face of the final plat. 4 ) The developer shall construct a continuous access route to the subdivision from either Colonial Drive in Helena or the Montana City Overpass road to a 16-foot minimum width and to county construction standards; • 5 ) All requirements of the State Department of Health and Environmental Sciences shall be complied with; Planning Board Minutes 4 • March 2, 1988 6 ) The developer shall submit a noxious weed control plan which has been approved by the Jefferson County Weed Board; 7 ) The developer shall request annexation of the subdivision to the Montana City Fire District and shall negotiate a monetary contribution to the Fire District for capital improvements; and, 8 ) The following improvements shall be provided or the developer shall enter into a written improvements agreement with Jefferson County guaranteeing the construction and installation of the improvements listed below within 24 months from the date the final plat is approved: a. stop or yield signs shall be placed at the northbound intersection of Hunter Road and Mountain Park Road, and at the intersection of Crest Drive and Mountain Park Road ; a stop sign shall be installed at the eastbound intersection of Mountain Park Road and the extension of Colonial Drive ; b. interior street signs with lettering not less than 3 inches high and 1/2-inch in stroke to be visible to emergency vehicles for a minimum distance of 100 ' ; • C . metal lot markers shall be installed at the front of each lot to be visible to emergency personnel; d. erosion control measures, culverts, seeding and landscaping pursuant to the drainage plan and approved weed control plan; and e. roads to be built to county road design and construction standards except as allowed by approved variances . Motion passed unanimously. Steve Apgar commented that the location of schools as well as restrictive convenants were important to property owners . He expressed his concern that the prohibition of building on slopes greater than 25 percent might be too restrictive on the individual rights of property owners. MEETING DATE CHANGED The Board members agreed to change the date for the regular Planning Board meeting from the second Tuesday of each month to the second Wednesday of each month . The Board adjourned. • STAFF REPORT T0: Jefferson County Planning Board FRCM: Lisa Bay, Planning Cansultant SUBJEM MDumtain Park Hanes, PrOPpSed major subdivision DATE. February 19, 1988 GENERAL INFUMTICN Date of APPlicaticn: February 9, 1988 Review Period Erns: April 11, 1988 Applicant: Jack Lamy 4918 Lake Hare Road Helena, MP 59601 Engineer: Tom Win • Resourti a Engineers and Associates Box 5624 Helena, Mr 59624 Surveyor: Bruce Wade Legal Description: The SW1 14 of the NW1/4 of Section 3, T9 North R3 West, P.M.M. Jefferson County, Montana, raze Particularly described as follows: Beginniig at the West Quarter oOrner of Section 3, 79N, R3W, P.M.M., Jefferson County, Montana, the True Point of Beginning, thence N 000 16'11" E a distance of 1320.7 feet to the N Sixteenth corner, a point on the Jefferson County line; thence along said county line N 890 50104" E a distance of 1330.4 feet to the NW Sixteenth comer; theme leaving said county bins S 000 23'11" a distance of 1320.8 feet to the C-W Sixteenth corner; thence S 890 50'12" W a distance of 1327.7 feet to the True Point of Beginning and containing in all 40.3 acres, including all unrecorded and recorded easy is and rights- of-way. • • DESCRIPTION: Proposal: Mountain Park Hanes is a proposed 12-lot major subdivision. Hanes would be served by a central water system and individual septic tanks sharing a commonly-owned drainfield area. Variances have been requested from county road standards for road widths and cul-de-sac radii on portions of the subdivision's reds. Size: The total gross acreage of the property is 40.3 acres. Bads oa upy 2.0 acres, while lot area is 23.1 acres. Total parkland dedication is 11.4 acres and additional cOmmc n areas for drainfiem and park amass easements total 4+ acres. Lots range in size from 0.7 to 6.0 acres. Present land use: The parcel is currently vacant. Historically it has been grazed and was originally part - of the' Crossfire Estates development, proposed by Bill Diehl. The current owner has bladed in a road and cul-de-sac. A shallow mine alit, located in the proposed park area, is the only other evidence of human activity. Advacent land use: Surrounding properties are vacant. Interstate 15 lies 1/2 mile to the east of the parcel. It is assumed that property to the north, west and south will ultimately be developed into low density residential areas, while land uses to the east may be more intensive due to the proximity to the Interstate and more level • terrain. Covenants and restrictions: The covenants and restrictions, bylaws and articles of ir>`orporation have been reviewed with the project engineer. Anmxblelnts will be made to assure compliance with items on pp. 16 and 17 of the regulations addressing hcmmeowneS associations. In addition, clarification will be made of the relationship between the Crossfire covenants and the added covenants and referenoe will be made to homeowners association responsibility for weed control and maintenanx of oamimmcn area and parkland. The County, Attorney has yet to review these documents and will submit his comments under separate cover. DETE13�TION OF PUBLIC INTEREST Public opinion: No expressed public opinion has been received to date. Basis of need: There are at least 50 lots of similar size available in the surrounding area, and many more of lamer size. Though there does not appear to be a need for the proposed lots, they are somewhat unique in that they are within a planned subdivision within only 1-1/2 road miles £ram the City of Helena. Effects on agriculture: The parcel is not of significant size or productivity to adversely affect local agriculture. • Effects on local services: Solid waste: Solid waste disposal will be handled by a private vendor using the Jefferson County container site at Montana City. Water service: One test well has been drilled, yielding 50 gpn at preLu=k-ay testing. It is proposed that this will serve as a source for a c3mu City water system and that the system be metered to reduce water use and ensure equitable payments ammrngst users. The system will have to be approved by DEES and the county. Sewage disposal: Sewage disposal for Lots 1-10 is to be ac=a odated by individual drainfields within the 3.8-acre common area. Easements will be established along lot lines to provide area for sewage lines and access to the drainfield area. Lots 11 and 12, which are separated from the other lots by a }moll, will be served by individual on-site systems. Proposed methods of sewage disposal will require approval. by DHE5 and the county. Preliminary site review by DHES staff has indicated that the proposed drainfield system will be adequate (Tan Wing 2/19/88). Utilities: Each lot will have 15' easements established along interior lot lures (totalling 30' along lot lines) and 20-foot tents on exterior lot lines. Interior easements are proposed to be wider than normal to r)date water and sewer lines, as • well as other utilities. These easements must be shown on the plat by dashed line and dedicated (with the statement 16f. cn P. 61 of the Regulations) on the final plat. Utilities are proposed to be located mmdesground. Access: Primary access to the property would be via a mute paralleling 1-15 as an extension of Colonial Drive. From this road, the developer has bladed a road trending westerly to the property. Lot 1 would obtain amass from a right-of-way off the Colonial Drive extension as indicated on the plat. Lots 11 and 12 would be served by Hunter Road, a right-of-way looping south of the property and terminating on the west edge of the property with a proposed hammerhead. The Colonial Drive extension is an unsurfaaed road that has recently been bladed by the developer. This road will be impassible during extreme wet periods without benefit of surfacing- The road trending west from these to the property is proposed to be built to a 24-foot width with a gravel surface. Grades of up to 12% are part but under 500 feet in length. This road is also currently impassable in wet conditions. Access to lot 1 is proposed to be built to a 24' width and to county road standards. To Tats 11 and 12, Hunter Road will be built to a 20' width and county standards and end in a 20' x 20' • hammerhead. mountain Park Road is proposed to be 20' in width, ending in a 25' radius cul-de-sac. Crest Drive, serving Lots 2, 3 and 4 would be aristructed to a 16' width and end in a 20' x 40' hammerhead. • Interior street signs will be installed to county standards as will metal lot markers. Stop or yield signs will also need to be placed at the northbound intersection of Hunter Road and mountain Park Road, and the westbound intersection of (rest Drive and Mantain Paris Road. Fire protection: Montana City Fire District is in the process of Obtaining annexatic n agreements from property Owners in this area. Intervening lardowners have been contacted enabling Mr. Lawry to annex to the district. The district chief has responded to initial contact from the developer, requesting a 5,000-10,000 gallon storage tank and a hydrant allawing a 500 gp . fire flaw. Other options could include a per lot fee payable upon sale of the lots, and development of other water sources. In any case, the proposed fire flaw pipe is not felt to be of sufficient use to the district. Negotiations will continue and Ants presented at the hearing. Schools: Montana City Elementary School District has a ccntinued ern over the growth in the Ms:tana City area. School district levies are frozen and the district proposes a band issue for the June 8 ballot to add 6 to 8 classrooms. This will ultimately raise taxes within the district if it passes. If it doesn't the quality of education of all students will be affected. The subdivision is over three road miles from Smith School in Helena (contrary to the enviro:mntal assessment) so the mandatory tuition requirement would not apply. If parents chose to send their children to Smith School, they would have to bear the tuition. School buses will not serve the subdivision. Law Enforcement: The county sheriff had no cornerns about the proposal internal to the subdivision. He did express general Concern over the road COndi.tiOns in the area anon the inability of his vehicles to provide emergency response under certain weather conditions. Drainage: The drainage plan has yet to be reviewed by DIES. However, Jim M Cawley ccrx::nrs that by protecting the natural drainages and installing culverts as proposed runoff from the site should not be a problem. Drainage easements will be extended to the lot line of Lot 2 on the westernmost drainage, and to within 150' of the lot line in the easternmost drainage. Effects on taxation: While tax revenues will rise as property develops, the net effect of residential subdivisions is to raise taxation, especially al l y to support the school system (see Schools). Effects on the natural envircrinent: The developer has taken a number of steps to minimize effects on the natural environment. • Foad cuts and fills will be minimized mi zed if variances are granted; livestock grazing is prohibited and natural drainages both of which will minimize erosion and weed infestation: and a weed control and revegetaticn plan has been prepared. • Spotted knapweed is the predominant noxious weed in nearby areas, especially along disturbed roadbeds. It is suggested that the covenants include a provision to control weed infestation within the corn areas and rights-of-way. Parkland dedication combined with recreational use of the oammm area provide varied recreational opportunities for development residents. The dedications are well in excess of that required by law. Effects on wildlife: Personnel at DFWP have stated that the area does support a small herd of antelope but that the site is not considered critical habitat due to its eastern inclination. The cumulative effect of this and other subdivisions in the area will be to reduce habitat and species variety. Effects on public health and safety: It is not known at this time haw fire protection will be provided. Access roads to the subdivision are presently unimproved. In icy or wet conditions, access to the subdivision may be hazardous or impossible. Ultimately, there may be enough property awness in the area to share in the cost of upgrading area roads. In the meanwhile, access roads cannot be considered passable under all conditions. DIsaissION The developer has rested a number of variances from current development standards. 1) To construct Mountain Park Road to a 20-foot width with a 25' radius cul-de-sac; 2) To construct Hinter Road to a 20-foot width with a 20' x 20' temporary hmuerhead turnaround to serve Lots 11 and 12; and 3) To build Crest Drive to a 16-foot width with a 20' x 40' hammerhead turnaround to serve Lcts 2, 3 and 4. The reduced road widths appear Justified in order to minimize slope cuts, erosion and removal of vegetation. Reduced cul-de-sac radii need to receive approval from fire protection personnel to assure public safety. The planning board will need to make written findings of hardship if it recommends granting the varianoes. To minimize traffic conflicts with the intersection of Crest Drive and along Mountain n Park Road, it would be advisable to place no access easements along the western boundaries of Lots 3 and 4 so that driveways are eliminated, Accepted traffic generation figures of 10 trips per day per household would put traffic generation at 120 tpd for • this subdivision. Traffic volumes would not overload local roads. However, as discussed previously, off-site road conditions are not conducive to access during wet or icy weather, and road dust will be • accelerated during dry months. The developer has indicated that he intends to compact and gravel an access route to the subdivision. Dave Schwab of the State Historic Preservation Office was contacted regarding historic sites. He forwarded Montana City Archeological Study: anrisu en antal Analysis arxd Prehistoric Settlement, a report prepares in 1987. Figure 13-1 shows that the site is out of areas with a high potential for buried cultural resources. Dave will conduct an on-site reccnnaisa oa and forward his comments. The current well location may be within the right-of-way for Maintain Park Fes. The engineer has indicated that the right-of-way will be adjusted, if may, to remove the well site to its an parcel. The county subdivision regulations include lands over 25% slope as unsuitable for subdivision. In the last two subdivisions reviewed, lands over 25$ slope have been required to be designated as unbuildable and undisturbable. Since there are suitable building sites on all lots proposed, a similar recommendation is made. Lot #1 exceeds the standard for length and the developer has indicated that it will be redesigned. The depth cannot exceed an average of the width; 574.8' . The preliminary plat has been sent to the City of Helena for review. • The planner's comments are forthcoming. The Weed Board has received the proposed weed plan and will send a letter on their determination the week of February 22. Access agreements showing dedication for public use of the rights-of- way for Colonial Drive, Hunter Read, and the road leading to Mountain Park Road will all need to be obtained. The developer is pursuing this at present with the Diehl Company. One 30-foot common walkway will be provided to the common area between Lots 6 and 7. The developer has rested that Lot 10 be amended to include a triangular addition to its southwest corner in order to acco mnodate the wishes of a prospective buyer. Road names have been submitted to the LISPS to check for duplicatican. RECCMEtMTIONS Staff finds the subdivision to be in the public interest and recommends APPROVAL of a 12-lot residential subdivision kno m as Mountain Paris Hanes, and APPROVAL of the requested variances, subject to the following conditions and prior to filing the final plat: • 1) The developer shall submit proof of dedicated access for public use to the properly in a form acceptable to the county attorney; 2) Articles of incorporation, bylaws and covenants shall be amended to make referenoe to ne ntenanoe of asmrn areas and parklands, and weed control as well as any amendments rewnrended by the county attorney; 3) The plat shall be redesigned to show the following: a. relocation of the well site outside of the right-of-way of Mountain Park Fted; b. redesign of Lot 1 to bring it into conformance with lot depth requirements; C. additions to the drainage easements to extend into Lot 2 - to the southern lot line on the western drainage and to within 150 feet of the southern lot line on the eastern drainage; d. the 30-foot walkway easement to the oammon area between Lots 6 and 7; e. a no-access easement along the southern lot lines of Lots 3 and 4; f. the dimensions of the hammerhead on Crest Drive; g. dimensions of the drainage easement widths; h. private road ownership and public use dedication; and i. utility easements in dashed liners and a statement in conformanoe with pg. 61, item f. on the faoe of the plat. 4) All building, removal of vegetation and vehicular traffic shall be prohibited on slopes over 25 percent except on approved roads, and shall be so indicated in the covenants and on the plat; 5) The following Wording shall be adcw to the deeds and the face of the plat: "Disclaimer: the access roads serving this subdivision are not currently built to county road standards. Use of these roads is done so at the risk of the user." or the developer shall construct a continuous aaxss route to the subdivision from either Colaual Drive in Helena or the Montana City Overpass road to a 16-foot minimum width and to county construction standards; 6) All requiratents of the State Department of Health and • Eavirormental Sciences shll be complied with; and 7) The following improvements shall be provided or the developer enter into a written improvements agreaTent with Jeffersm County guaranteeing the construction and installation of the improvements listed below within 24 months from the date the final plat is approved: a. stop or yield signs shall be placed at the northbound intersection of Hinter Rid and mountain Park Road, and at the intersection of Crest Drive and Mxnmtain Park Road; b. interior street signs with lettering not less than 3 inches high and 1/2-inch in stroke and so as to be visible to emergency vehicles for a mininnan distance of 100'; C. metal lot markers shall be installed at the front of each lot so as to be visible to emergency personnel; d. erosion control measures, culverts, seeding and landscaping pi zsuant to the drainage plan and approved weed control plan; and e. roads to be built to county road design and construction standards except as allowed by approved variances. s