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HomeMy WebLinkAboutCity/County Planning Board Minutes 01.07.2010DRAFT MINUTES LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD JANUARY 7, 2010 7:00 PM COUNCIL CHAMBERS Members present: Deb Horning, City Rep. Hazel Klein, City Rep. Dan Koch, City Rep. Don Brown, City Rep. David Schreder, City Rep. (arrived at 7:07 pm) Dick Fritzler, County Rep. John VanAken, County Rep. Lee Richardson, County Rep. Kathy Siegrist, County Rep. Judy Goldsby, County Rep. Greg Nelson, Member-at-Large Others present: James Caniglia, City Planner Cheryll Lund, City Secretary City Planner James Caniglia opened the meeting at 7:03 pm. Minutes approval The minutes were reviewed and approved after a motion by John VanAken, and second by Dan Koch to accept as written. Public Input There was no public present. Nomination and Appointment of Planninst Board Chairman James asked for volunteers to be considered for Chairman and Vice Chairman. Kathy Siegrist stated that she would volunteer to be Chairman if no one else did. After a brief discussion a motion was made by Dan Koch, seconded by John VanAken to nominate Kathy Siegrist for Chairman. The motion carried by a vote of 9-1. (Siegrist voted Nay) At this time David Schreder arrived at the meeting. (7:07 pm) Greg Nelson stated he would volunteer to be the Vice Chairman. A motion was made by Dan Koch, seconded by Judy Goldsby to nominate Greg Nelson for Vice Chairman. The motion carried by a vote of 9-0 with Greg Nelson abstaining from the vote. At this time newly elected Chairman, Kathy Siegrist, took charge of the meeting. Public Hearin - Proposed Changes to the Fencing Ordinance and Clear-Vision Triangle The public hearing was opened by Chairman Siegrist. There was no public present for comments. Discussion by Board: The board discussed height, type of fencing used and the importance of the clear vision triangle being adhered to for both fencing and shrubbery. There was a question raised about the term "street surface elevation" in relation to height. There needs to be a clarification made on where the measurement begins, on the street or on the sidewalk. The board feels that the term "street surface elevation" is confusing and could be detrimental if there is an issue of poor visibility on a corner. An example of a shrub on the corner of E. Main Street and Idaho was brought up. The shrub is kept trimmed to 36" in height, but that height is measured from the sidewalk which is a bit higher than the street elevation. The 36" height of the shrub, measured from the surface of the sidewalk, causes an unsafe visibility problem. This is just one example where a couple of inches in height makes a big difference and could cause a safety issue. James stated that he will get a clarification of "street surface elevation" from the Building Official and the City Attorney, and put language in that gives a more accurate clarification. James read over Gary Colley's recommendation of fencing and clear-vision triangle. A. On corner lots at the intersections of all streets, except those intersections which are controlled by stop signs or traffic signals, no fence, hedge, wall, shrub, structure or vision impediment over thirty-six (36) inches in height above the established top of curb elevation shall be located within a triangular area formed by the intersecting street centerlines and a straight line joining such intersecting lines at points one hundred ten (110) feet distant from the point of intersection measured along the centerlines of the streets. B. On corner lots where one (1) or more approaches are controlled by either a stop sign or traffic signal, no fence, hedge, wall, shrub, structure or vision impediment over thirty-six (36) inches in height above the established top of curb grade shall be located within a triangular area formed by intersecting lines at points twenty-five (25) feet distant from the point of intersection as measured along the property lines. 2 C. On the street side of all lots where an alley, commercial or private driveway enters the street right-of-way, a triangular clear vision zone shall be maintained. Such zone shall be measured ten (10) feet into lot from edge of the property line and twenty (20) feet parallel to the street measured from the edge of the alley or private driveway along the property line. No fence, hedge, wall, shrub or structure over thirty-six (36) inches in height above the established top of curb grade shall be erected or maintained within the above defined clear vision triangle. D. Approved advertising signs and public use controls and systems may be permitted in this above triangular areas. . E. The portion of the city zoned and commercially occupied as Central Business District is exempt from the requirements of this section. There was discussion on Section 7.12.1 (Public Works Standards) regarding whether or not 8 feet was enough height clearance for a semi-truck driver to see through trimmed tree limbs. James stated that the Public Works Standards have been in effect for some time now and, as far as he knows, there haven't been any issues with using the 8 foot standard. James stated that specifications of alleys need to be added to the clear-vision triangle regulations as well as recommending that Division 2- Streets; 7-Obstructions, 7.12 Clear Vision Triangle sections 7.12.1 through 7.12.6 be taken out of Public Works Standards and moved over to L.M.C. Chapter 17, Zoning Regulations. The board suggested that the 3 diagrams' of clear vision triangle be combined to one diagram. Another clerical error was found in Division 2-Streets 7-Obstructions and Encroachments, 7.1 Encumbering or Obstructing Streets, 7.2.3, last sentence should read "so as not to constitute a public nuisance." Judy Goldsby questioned why 7.12.6 exempts regulations 7.12.1 through 7.12.4 from the Central Business District. She is concerned that plant matter (shrubs) should have to comply within the CBD. The board also discussed 7.2.3.1 which does not allow trees to be located in the designated sidewalk portion of the street right-of=way. The discussion pertained to the trees that are currently located along both the East and West sides of Main Street. It is not clear if they are in violation or not. The public hearing was closed at 7:50 pin. 3 A motion was made by Hazel Klein, second by John VanAken to recommend to the City Council that the above Sections A, B, C, D, and E be added into L.M.C. 17.48.050 Fence Heights. Motion carried by a vote of 10-0. A motion was made by Hazel Klein, second by John VanAken to recommend that the City Council move Public Works Standards Chapter 7, Obstructions and Encroachments, 7.12 Clear Vision Triangle, 7.12.1 through 7.12.6 and Chapter 7 - Obstructions and Encroachments, 7.1 - Encumbering or Obstructing Streets 7.2.3, 7.2.3.1 and 7.2.3.2 to L.M.C. Chapter 17, Zoning Regulations. The motion was carried by a vote of 10-0. Discussion and Recommendation: Schedule of fees This item was put back onto the agenda from last month to allow more public input. There was no public present. The proposed increase would be for a 10% increase of the current fees with the exception of residential variances, annexations and cash in lieu of parks. This item was discussed at length at the December 3, 2009 meeting. A motion was made by Dick Fritzler, with a second by Hazel Klein, to recommend approval of a 10% increase on all fees with the exception of residential variances, annexations and cash in lieu of parks. Motion carried by a vote of 10-0. Discussion and Recommendation: Proposed Request of Zoning Certification Form This item was also put back onto the agenda from last month to allow for more public input. There was no public present. This item was discussed at the December 3, 2009 meeting. James clarified that the form will be changed with a City of Laurel letterhead and correct City of Laurel addresses and phone numbers of the city offices. John VanAken stated that a cell phone number request should be added to the form. A motion was made by Hazel Klein, with a second by Dick Fritzler, to recommend to the Yellowstone County Commissioners that the Request for Zoning Clarification be added to the County requirements and fees. Motion carried by a vote of 10-0. Discussion and Recommendation: Proposed Zonin Compliance Permit This item was also put back onto the agenda from last month to allow for more public input. There was no public present. 4 This item was discussed at the December 3, 2009 meeting. James clarified that the form will be changed with a City of Laurel letterhead and correct City of Laurel addresses and phone numbers of the city offices along with all applicable wording indicating this zoning compliant permit is associated with the City of Laurel. A motion was made by John VanAken, with a second by Judy Goldsby, to recommend to the Yellowstone County Commissioners that the Zoning Compliance Permit be added to the County requirements and fees, with all applicable wording on the permit be changed to indicate it is a City of Laurel permit. Motion carried by a vote of 10-0. Discussion. Dick Fritzler made a motion to amend the Zoning Compliance Permit form to include that the applicant be provided (given) a copy of the intersection visibility ordinance at the time they apply for the permit. The motion was seconded by Dan Koch. At this time the amended motion was voted on. The motion passed by a vote of 10-0. At this the first motion was voted on. The motion passed by a vote of 10-0. Discussion: Proposed West Laurel Interchange Zoning and Land Use At the December meeting it was decided that James would invite a MDOT representative to this month's meeting to get input on the proposed West Laurel Interchange project. James called MDOT and spoke to Craig McCloud from the Billings office. Craig told James that MDOT may need to break the project into more pieces and he would be happy to come and talk with the Laurel Planning Board when some proposals come in from the engineers, and that they are looking to cut costs. After a discussion it was decided that the board will take a more in-depth look at this when there are more specific plans from the MDOT. Miscellaneous Greg Nelson stated that he has a grant for the building he owns at 207 West Main Street, which previously was the Van Beeber Rock Shop. Greg wants to turn the building into an automotive art gallery and would like to have an architect design and draw up an awning made from a truck box. He passed around a drawing of what the proposed awning would look like. He asked for the board's input at this point. The board looked at the drawing and advised Greg to contact the Building Official to find out if this particular awning could legally be placed. The meeting was adjourned at 8:25 pm. Respectfully submitted, a'? -P-? Cheryll Lund, Secretary u Planning & Community Services Department " "Serving Billings, _ ng ngs, Broadview and Yellowstone County" as rs+ G 510 North Broadway, 4t" Floor ti =rQ\ Billings, Montana 59101 C _ 2 Fax: (406) 657=8327 "ACE Phone: (406) 657-8246 ?u T I.. REQUEST FOR ZONING CLARIFICATION P ($2a 00 writteiL $55.00 Qn site) APPLICANT NAME: APPLICANT MAILING ADDRESS: CITY, STATE, ZIP: LEGAL DESCRIPTION, ADDRESS OF PROPERTY AND/OR TAX ID#: PHONE #: SIZE OF PROPERTY (IN ACRES OR SQUARE FEET): SPECIFIC INFORMATION REQUESTED: I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE: SIGNATURE DATE FOR OFFICE USE ONLY PROJECT NUMBER: CONDO CERT: ZONING: RESPONSE TO SPECIFIC INFORMATION REQUESTED: PAYMENT INFORMATION: CHECK #: RECT. #: AMOUNT: . STAFF SIGNATURE: TITLE: TE: \\4fl-w2k01 \Planuing\Zoning\Docs for WebsitcTlanning Department Fozms\Form_7"emplateslZoning Clarification Fornr.doc l_` 4 63ytc ? Plannin and Communi - = Department _kr 510 Broadway Floor Billin ,M T 101 Phon ?40 57-8246 F X. (406) 657-8 7 ZONING COMPLIANCE PERMIT Permit # Fee $41.00 Application Information Applicant Name Applicant Address: Property Owner Name: Property Owner Address: Property Information Property Address: Date: Phone: Phone: Section, I ownsnip, Kange: Zoning District: Lot size: sq.ft. Lot area covered by structure(s): sq.ft. Subdivision/COS: Block: Lot: Building Information Type and use of proposed structure(s): Building separation in feet (for multiple buildings on one lot): Is structure manufactured off-site? Yes / No --- If yes, was it built to Federal Department of Housing and Urban and Development (HUD) or International Building Code (IBC) standards? Yes / No Services If the structure was manufactured off-site and built to IBC standards, please provide the Factory Built Building (FBB) number # Number of dwelling units: Total Square feet (including garages and unfinished spaces): Building Height (calculated according to zoning regulation definition): (Commercial Only) Landscaping Coverage: _ (Commercial Only) Number of Off-Street Parking Spaces: Description of other existing structures on the property: AGREEMENT sq.ft. The undersigned hereby certifies that the information submitted in this application is true and correct; and that the proposed work shall be done in accordance with the plans and specifications submitted in this application, and in compliance with the requirements of the applicable zoning regulations. Applicant's signature Date FOR OFFICE USE ONLY Check # Amount: Rect. #: Date Received: Date Completed: Approved: Denied: Comments: Approved by: Staff Signature: Title Signature Planning and Communit Services Department 510 Broadway, 4 Floor '?apg Billings, MT 59101 Phone: 406 657-8246 Fax: (406) 657-8327 ZONING COMPLIANCE PERMIT INFORMATION PURPOSE: To ensure development occurs in accordance with the applicable zoning regulations, a Zoning Compliance Permit is required Section 27-623 prior to the construction of any structure within Yellowstone County's Zoning Jurisdictional Area, and Special Zoning Districts. PROCESS: I. Prior to Residential Construction • Applicant consults applicable zoning regulations - Contact a planner at the Planning and Community Services Department if you have any questions - (406) 657-8246 • Applicant should contact the City-County Health Department for a septic permit - (406) 256-2770, 217 N. 27'' Street (3rd floor, Yellowstone County Courthouse) • Applicant should contact the State of Montana Building Codes Division to ensure compliance with state building code regulations - (406) 841-2040 • Applicant submits 2 COPIES of required materials and $41.00 application fee to the Planning and Community Services Department, to include ------ Zoning Compliance Permit Application, completed and signed. X Site Plan, including all existing and proposed structures, decks/porches, driveways, property lines, watercourses and easements (drawn to scale with setback measurements from property lines labeled). Building Elevation Plans (drawn to scale with measurements labeled). Floodplain location information Of Applicable) - If property may be located in a floodplain, contact the Yellowstone County Floodplain Administrator, Yellowstone County Courthouse, 217 N. 27th Street, 4th Floor, (406) 256-2775 II. Prior to Commercial Construction • Applicant consults applicable zoning regulations - Contact a planner at the Planning and Community Services Department if you have any questions - (406) 657-8246 • Applicant should contact the City-County Health Department for a septic permit - (406) 256-2770, 217 N. 27th Street (3rd floor, Yellowstone County Courthouse) • Applicant should contact the State of Montana Building Codes Division to ensure compliance with state building code regulations - (406) 841-2040 • Applicant submits 2 COPIES of required materials to the Planning and Community Services Department, to include: Zoning Compliance Permit, completed and signed. Site Plan, including all existing and proposed structures, decks/porches, driveways, off-street parking, loading areas, property lines, watercourses and easements (drawn to scale with setback measurements from property lines labeled). Landscaping Plan, showing how the property will be landscaped in adherence to the landscaping requirements of the zoning district the commercial project is located in. Building Elevation Plans (drawn to scale with measurements labeled). Floodplain location information (If Applicable) - If property may be located in a floodplain, contact the Yellowstone County Floodplain Administrator, Yellowstone County Courthouse, 217 N. 27th Street, 4th Floor, (406) 256-2775 III. Planning Department Permit Processing • Planning and Community Services Department reviews the application materials and may make a site inspection. Completed applications will usually be reviewed within 5 working days for residential permits and within 20 working days for commercial -permits. • Planning Division notifies the applicant whether the application is approved or denied. • If approved, applicant builds structure in accordance with the specifications submitted in the Zoning Compliance Permit, and in compliance with the requirements of the applicable zoning regulations. Section 27-623. County Zoning Compliance Permit A Zoning Compliance Permit is only required for properties that are located outside the limits of the City of Billings but within the Unincorporated Jurisdictional Area. No change of land use may be made; or no building or other structure shall be erected, moved, enlarged, rebuilt, added to, or structurally altered without first having received a Zoning Compliance Permit issued by the Zoning Coordinator or his/her designee, who shall determine that the permit is issued in compliance with the regulations set forth in this Resolution/Ordinance. The review of a Zoning Compliance Permit application shall be limited only to a review of the applicable zoning regulations and shall not constitute a review of compliance with any applicable building codes. A separate sign permit is required prior to the erection of any sign. Each application for a Zoning Compliance Permit shall be accompanied by a site plan, building elevations and any other information requested by the Zoning Coordinator to adequately review the proposed project. Additionally, commercial projects require submittal of a landscaping plan and a site plan showing off-street parking, loading, etc. The Board of County Commissioners may set an application fee by Resolution for review of a Zoning Compliance Permit. The Zoning Coordinator or his/her designee may waive the submittal requirements for some of the above mentioned plans. Zoning Compliance Permits are valid for a period of six (6) months from the date of approval and may be extended for an additional six (6) months with written approval from the Zoning Coordinator.