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1988-04-20 MINUTES �effersvn (9v=dV planning 19aarb (Lnurfllnuse 19nulber, Amdttmc 59 632 • MINUTES April 20 , 1988 Present : Planning Board members Tom Wing , Ralph Driear , Barbara Purdy , Gerry Keogh , Mark Mackin , Marylee Norris , Planning Consultant Lisa Bay and Secretary Becky Gilmer. Guests : County Attorney Richard Llewellyn. Chairman Tom Wing called the meeting to order at 7: 00 p.m. The minutes for the Board ' s meeting on March 2, 1988 , were approved. OLD BUSINESS The Board members discussed the Commissioners ' conditional approval of the preliminary plat of Mountain Park Homes subdivision. Specifically, Tom expressed his concern regarding consideration of off-site impacts and the requirement to annex the subdivision to the Montana City Rural Fire District . County Attorney Richard Llewellyn noted that the Commissioners were required by the County Subdivision Regulations (and State law) to • weigh specific public interest criteria in respect to the subdivision and issue written findings of fact during the review process. Following discussion, the Board members agreed to send a letter to the Commissioners relating the following questions : 1 . Shall roads within and accessing subdivisions be required to meet county road standards? 2 . Shall the developer be required to obtain annexation of the subdivision to a fire district? 3 . Shall off-site impacts be considered during the review process? 4 . Shall the restrictive covenants for a subdivision be enforceable by the Board of County Commissioners? Lisa and Ralph agreed to draft the letter . EXTRATERRITORIAL ZONING Lisa reported on a recent meeting in Montana City regarding a proposal by the City of Helena to require drainage easements and enforce uniform building codes in the South Hills area (which includes property within Jefferson County) through zoning • regulations . Many individuals who owned land in the South Hills • Planning Board Minutes -2- April 20, 1988 area attended the meeting and indicated their dissatisfaction with Helena ' s plan to zone the area. The landowners indicated that they would organize a property owners association to address the concerns of the City of Helena -- drainage and uniform building codes. The Helena city manager had agreed that a property owners association could possibly serve as an effective alternative to zoning the area. REVIEW OF SUBDIVISION REGULATIONS The Board members reviewed various sections of the County Subdivision Regulations for possible revisions as follows : (Clarification to reader: language deletions are marked through with dotted lines; new language is underlined. ) ( 1 ) Page 11, 5 . f. " including cultural/historic resources; " Richard Llewellyn noted that the provision might not be legally enforceable but the Board agreed to leave it unchanged at this • time. (2 ) Page 16, 4 .b. "The governing body may require that . . certain restrictive covenants contain the following language: 'The governing body is a party to this restrictive covenant and may enforce the provisions hereof . ' " Richard Llewellyn expressed his concern that this provision constituted land use regulation without an adopted comprehensive land use plan . However , the Board agreed to leave it unchanged at this time . ( 3 ) Page 46 , Section VIII . A . 3 . " Lands Unsuitable for Subdivision' Tom asked that the Board consider deleting " 25% slope" and "unless the hazards are eliminated or will be overcome by design and construction plans . " In response to Tom' s suggestion, the County Attorney explained that "unless the hazards are eliminated or will be overcome by design and construction plans . " was required by State law (Section 76-3-504(4) , MCA. Consequently, the Board conceded to leave the provision unchanged. Alternatively, the Board considered revising the provision as follows : • • Planning Board Minutes -3- April 20 , 1988 "Land which the governing body has found to be unsuitable for subdivison because of potential hazards such as flooding, snow avalanches , rock falls, land slides, unstable steep- slopes, -in- -exeess-�r€-25 - grace, subsidence, high water table, polluted or non-potable water supply, high voltage lines, high pressure gas lines, air or vehicular traffic hazards or congestion; -er-beeasse- -e s- -regtni-re-ar s--Eo-r--tkte-ex ces ive-expend}tore-e€--pit A-o­-€u4+ds--er- -en� ronmerrtal-�}egrat7�ti�trt; or other features which may be detrimental to the health , and safety , -or- renal-�ae�€ar�-of existing or future residents shall not be subdivided for building or residential purposes unless the hazards are eliminated or will be overcome approved techniques . " (4 ) Page 10, 4 .b. The Board considered revising the provision as follows : "b . --advise inform the governing body, within ten ( 10 ) days of the public hearing, if the preliminary plat does not conform to • the provisions of : 1 ) the Montana Subdivision and Platting Act ; 2) these regulations ; 3 ) applicable zoning regulations and/or any officially adopted comprehensive plan for the area involved; and, 4 ) other regulations in effect in the area of the proposed subdivision; and, -e7--w-ith4n-ten-days o£--U-e_-pt�1i-c--her-rng-r-ss§m}t-ire-writing-the- -€ellewipg-te-tl�e-gevesaing-bedye-- -}}_its-€indiggs-regarding-the-€eur-items-elder-Seetiar�-b-,-a{aev€�-- -23- 5 ) -r-eeeangF".ded--fi-nti-i-nu}s--o€-€ information regarding criteria for public interest ; and, -34- 6 ) a recommendation for approval, conditional approval, or disapproval of the plat. " Mark moved to recommend the adoption of the above revisions to the County Commissioners. Following discussion, Mark withdrew his motion to allow the Board to review the subdivision • • Planning Board Minutes -4- April 20 , 1988 regulations further before making formal recommendations to the Commissioners . Richard Llewellyn asked the Board to review pages 65 and 66 , which address commercial and industrial landscaping and sign standards . He noted that there might be a legal problem with enforcing these provisions. Tom expressed his opinion that he would like to leave these provisions unchanged until the Board had an opportunity to apply this part of the regulations to an actual subdivision application. Richard Llewellyn noted that Appendix H , page 129 should be deleted from the regulations because the applicable law is no longer in effect . The Board members agreed to continue the review of the regulations and propose a resolution for recommendation of revisions at the next meeting. SUBDIVISION LAW UPDATE • Lisa reported that the Montana Association of Planners would present a recommendation for revision of the present State subdivision law to the Environmental Quality Council . Their recommendations would include only those proposals representing a consensus of the various interests participating in the review of the present law. The Board agreed to meet again in June for the election of officers , further action on the revision of the subdivision regulations and any other additional business . The Board adjourned. •