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HomeMy WebLinkAboutCity/County Planning Board Minutes 04.11.1996 MINUTES CITY-COUNTY PLANNING BOARD APRIL 11, 1996 7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: John H. Smith, Chairman Gerald Shay, Member at Large Don Gudgell, County Rep. Chuck Dickerson, City Rep. Merrill Watkins, County Rep. BillielOu Lance, County Rep. Jim Ziegler, County Rep. Donna Kilpatdck, City Rep. OTHERS PRESENT: Cai Cumin, City Planner Cheryll Lund, City Secretary Others (see attached list) Motion by Chuck Dickerson, seconded by Billielou Lance, to approve the minutes of the January 1996 meeting. Motion carried 7--0. Motion by Billielou Lance, seconded by Ziggy Ziegler, to approve the administrative services bill for April 1996 for $200. Motion carried 7--0. Home Occupation: Michael Haney of 306 4th Avenue has applied for a home occupation to operate a small electronic equipment repair service out of his home at the same address. He anticipates no traffic coming to the home. He will be doing the repair part time only. He uses "dummy loads" to shoot any of his energy into so as not to create any sound from his garage where he does the work. Mr. Haney states that all neighbors he notified were in favor of his proposed home occupation. Cai stated that he recommends denial of this home occupation as it is in direct violation of LMC 17.52.030 which prohibits work that could cause any electrical interference to neighbors radios or televisions. He also feels that this type of a business is meant to be in a downtown commercial area. He cautioned the board that if they allow this type of business in a residential area there is a possibility that the business will grow and create hardship for the neighbors. Motion by Donna Kilpatrick, seconded by Don Gudgell, to deny the application. Motion failed 2--5. Motion by Chuck Dickerson to grant the application subject to a review in 6 months to address any complaints. Motion died for lack of a second. Motion by Chuck Dickerson, seconded by Gerald Shay to approve the home occupation as applied for by Michael Haney of 306 4th Avenue. Motion carried 5--2. Special Review- Matriarch Construction- Westbrook Subdivision The proposal is for a construction business office and shop to be located in a Highway Commercial Area. A security fence will be put around the entire piece of property. He will access off of the Highway but eventually wants to access off of the on/off ramp directly to the east of the property. They do plan to do some fabrication of building materials and they will also use the shop to repair and maintain all of their equipment. They will be using the standard power tools used in this type of operation. Cai recommends approval of this application subject to the approval of the final plat and a provision for landscaping atong the east property line. Willard Hutzel spoke in opposition of this proposed business because it is next door to his residence and it will create noise, dust and traffic. He also mentioned water and sewer, which Cai states will be addressed by the county sanitarian. Mr. George Figgins, spoke in approval of this proposed business. He states that there are several other businesses in the area right now and points out that the zor~ing already allows a lumber yard which would be about the same noise level of what the proposed business will have. Cai reminded everyone that the Highway Commercial zone was put in that particular area due to the on/off ramp for commercial operations. Motion by Billielou Lance, seconded by Don Gudgell, to recommend approval of the proposed Matriarch Construction business subject to the approval of the plat and the landscaping provision being reviewed. Motion carried 7--0. Special Review- Church in Little Dude Ranchettes Subdivision A request has been made to put a church into the Little Dude Ranchettes Subdivision which is a residential zone requiring a special review. The proposed location is on the corner of Seitz Ronan and Outfitter's Trail, The church has outgrown several buildings and they are looking for a permanent home. They have been dealing with the developer of the property, Roger Beater. Most of the churches in Laurel are located on the west side of the city and the congregation decided to look to the east for a location. They decided on this lot on the corner because the spot they would like to place the church in has already been excavated and would allow them to put in a 2-story building without obstructing the view for the people to the north and northeast of them. They put the access road off of Seitz Ronan to keep the traffic from the main residential area. The church will be built in phases and they hope to break ground in a year, or less. Dabble Ricci, representing A Haus of Realty, spoke highly of the plans the church has to build a top notch building, a future daycare center, athletic field and play area. She goes on to say that Roger Beater is filing new covenants in regards to allowing a church into the subdivision. Lila Carpenter of 1303 Deerhorn spoke in opposition with her general reasons being the impact on the water table, and the traffic generated from a church of this size. She would like to see them located much further north of the proposed site. She feels the church was talked into picking the lot they did because the gravel pit located on the property made it hard for the seller to sell. Pastor Shaw clarified that it was the churches idea to pick the lot they did. They chose the location because they felt it wouldn't obstruct anyone's view and the traffic would not effect as many people because they would be at the lower end of Seitz Ronan Road. Kenneth Hanify of 1313 Deerhorn is opposed to the proposal because of the traffic it will generate and he is concerned about the septic system. Cai states that the Yellowstone County Sanitarian makes the determination on the sewer drain field. Byron Guenthner of 1227 Deerhom is opposed to the proposed church because of the traffic it will generate. He suggests that the church find a different place to build. The public hearing was closed at 7:50 p.m. Cai pointed out that churches are compatible with residential areas. In the zoning ordinances provisions have been made to allow a church into a residential area with a special review. Requiring a special review gives the board members a chance to look at specific areas of the proposal and to try to iron out any problems such as access and traffic, Discussion by the board. General comments are made on the concern of the grade of Seitz Ronan and the proposed churches access off of it. Most are in agreement that the road tends to be well traveled and the grade makes it even more dangerous. The amount of traffic will also be increased with the proposed church. Adding snow to the above conditions makes it even worse. Cai states that we cannot deny the church being put in this area. We can only put conditions on the application and address the concerns the neighbors and the board have brought up. Cai recommends approval subject to putting the access onto Outfltter's Trail and with the landscaping layout provision. Motion by Chuck Dickerson, seconded by Billielou Lance, to allow the Baptist Church to build a church on Lot 7 of Block 2 of Little Dudes Ranchettes subject to the access road taken off of Seitz Ronan Road and with the submittal of a landscaping plan. More discussion. The question on the motion was called for. Motion carried 6-0. (Note: Donna Kilpatrick left the meeting at 7:30 p.m., so the number voting is now 1 less than at the beginning of the meeting) Special Review- Day Care Center in Montana Meadows- Block 8 - Lot 1 A special review is being considered for a Day Care Center to be placed in a residential zone. Steve and Holly Frank will be the owners and proprietors. The Day Care Center will be placed on the corner of Seitz Ronan and North Ramshorn. There will be between 40 and 50 children being watched by 4 full time employees. There will be an inside and outside play area and a pre-school offered. They will not be residing in the day care canter as it will not be a residential building. It will be strictly a commercial venture. At this time in Laurel the Frank's feel that there is a big need for day care. They receive several calls during the week inquiring about day care openings. They feel that a lot of their clients will be coming from the Montana Meadow Subdivision. So there will be some increased traffic but most of the traffic will come from the subdivision. The license required for the day care center is all done through Family Services in Billings. The building will be a ranch style 3500 square foot building with an extedor of color-lok siding. There will be a fenced, secured, 10,000 square foot play area. They have proposed that the access be off of Seitz Ronan. The hours for the day care center will be Monday-Friday 6 am to 6 PM. People dropping off children don't come at the same time, they are somewhat staggered in the times they arrive. Discussion was held by the Board. The most crucial concern of the board was of the proposed access off of Seitz Ronan. Cai recommends that they access off of Ramshorn, due to the higher rate of speed allowed on Seitz Ronan. Cai suggested that the Frank's bring a landscaping plan for the board to review, and the standards for their septic system. Motion by Gerald Shay, seconded by Don Gudgell, to table this special review for a proposed Day Care Center in Montana Meadows until the May meeting. Motion carried 6-0. Preliminary_ Plat- Figgins Subdivision This is a request to replat 16 acres into 3 lots. One has an existing structure on it. The other two lots are vacant. This application coincides with Matriarch Construction's special review application that the board reviewed earlier this evening for a proposed construction business office and shop. After a discussion Cai recommends approval subject to hearing back from the various utility companies regarding easements and getting a response from the Highway Department. He also needs some clarification on the existing easements and needs to know where the power poles are located on the property. Question on whether or not there is any wetland located on the area due to the pond located nearby. Cai would like to have the ditch that is on the south side of the property placed on the plat map also. Motion by Don recommend approval of following: 1. 2. 3. 4. 5, 6. Gudgell, seconded by Chuck Dickerson, to Figgins Subdivision preliminary plat subect to the water clarification of existing tracts on the property; location of existing power lines and utility easements; location of existing zoning on property; location of wetlands and ditch on property; location of Alice Drive West; Subject to conditions for access to 1-90 Access Road by State Dept. of Transportation; 7. subject to easement requests by utility companies; and, 8. subject to approval of proposed sanitary sewage treatment and systems by the State Dept. of Health. Motion carried 6--0. Revisions to Zoning Ordinances The Board needs to address the revisions to zoning ordinances to address the issues of manufactured housing that the state legislature and federal government would like us to accept. We are proposing to add 2 zones into our area. One is Suburban Residential which are 5 acre tracts that allows animals, and Residential Tract which are 1 acre tracts. We need to decide where to put these zones within our 1-mile zoning jurisdiction map. It was decided to table this issue until the May meeting. Motion by Gerald Shay, seconded by Billielou Lance, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Cheryll Lund, Secretary ,------------ f,'..r ja.1f l?,a ko h A - _-._....??.. ! 22D N A;- e-. Y ? ? Aer • f, °,'1+??!T 'r?-- /?? _ Yee ?.3. ,?..I .ryr ,. ?_-P:??! _ _?f`r ,.??r e l,?f ?'f f- gyn. •_ ir"" %.,F •i?'?, „? 7 7 r Ave, ?yp? 6 5?0 s /Zf LNbD.2 t -I "L CITY OF LAUREL HOME OCCUPATION REQUEST FORM Date 2--1 -?i Ca Name K gk,j%°l A. Haney Telephone (4o6) 62.9-5814 oc E23--6398 Address 306 4th Avenue, Laurel. MT 79 04 4-261 1 Description of desired home occupation_ servicing of eonsupler alect_,onic equin rdent,. in_c1ud_ inu V d&g_ Casse*„ e RAcn_c__Hers stere- am9ljfiers' and ?'el eiri inq. Answer the following questions with a yes or no; explain any `yes' answers: 1. Will any person other than a member of the immediate family occupying the dwelling be employed (except for domestic help)?__No . 2. Will any stock in trade be displayed or sold upon premises? Nn. 3. Will the character of the principal building be altered from that of a dwelling? No. 4. Will any illuminated signs be used? (City Ordinance dictates that no sign other than one giving the name and occupation and not more than one square foot in area be displayed,) rto, 5. Will more than 25 percent of the area of one story of the building be devoted to the planned home occupation? No . 6. Will any equipment, be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference?-No . Dl immy load- will biz uoet, in sarviring audin equipment. 7. Will any equipment or process be used which creates visual or audible interference in any radio or television receivers off the premises? N,. S. Completely fill out the attached form listing the names, addresses, and telephone numbers of all residents living on property within one hundred (100) feet of your ro e line. This includes property across the street or alley from your property. Include on the list all the information requested including property resident's signature indicating the resident understands this request and an indication of support or opposition to this home occupation. If this information is inaccurate or incomplete, it is grounds for denial of this request. . 9. A fee of $25, to cover the cost of administration, must accompany, this application before it will be accepted for processing. 0 LNFORML ATION: Home occupations are deemed to be site specific and owner specific. Thus, the use of a portion of a dwelling for a home occupation will not permit a subsequent owner an automat'c home occupation designation. PROCEDURE: I . Complete this Home Occupation Request Form and submit it to the clerk in the City En?inee-Cs Office seven (7) working days prior to a regularly scheduled meeting of the City-County Planning Board (which usuall meets on the second Thursday of each month). 2. The Planning Board will consider the request at their meeting. Attendance by the applicant for home occupation or his representative is required at this meeting. 3. The Planning Board will make a recommendation to the City Council that the request for home occupation be granted or denied. 4. The City Council, at its next regularly scheduled meeting, will consider the planning Board's recommendation regarding the home. occupation and approve or deny the reque t. The applicant or his representataive must also attend this City Council meeting. If the Council approves the home occupation, the applicant must then go to the Council's Business License Comnuttee for the actual business license to operate the home occupation. SKETCH: In the space below, provide a sketch with basic dimensions showing the locations of your planned business in your home in relation to other areas of the house. Include any storage area the business may require. 0 . 11 0 F-j F-7 L J Printed Name ArlrlrPCC TAPnlhnna Cinnntlirp 1. J{ e-? ?,? L ,1 MaY 3 a?l ?. ??n 3 ld? G o? ?4. AoL A&I 4 ~ ?V Y 5. \// fl-7,Lej __e?l Z? L 6. A Ao, Y 33 7...1 3,P s. ? - Q ?? ?zY- S`f7 10. 310 6/ 2-V?- 11. 12. 13. 14. 15. 16. 17. is. 19. 20. (Add more lines and pages if needed.) C35HMOC 4101, / // 7 ocjl,?M LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL, MONTANA 59044 WHEREAS, an application for Home Occupation was filed with the City by Michael Haney , on the 18th day of March , 1996, and a copy of the application is attached hereto: and, WHEREAS, the matter having come before the Laurel City-County Planning Board for recommendation; and, WHEREAS, the Planning Board, after full consideration of the application at its regular meeting of April _11, 1996_, it was moved by Chuck Dickerson , and seconded by Gerald Shay , that the Planning Board recommend to the City Council that the application be granted/denied, and the said motion was passed/defeated by a vote of 5 in favor and 2 opposed. (MCA Section 76-1-3040 requiring the concurrence of at least six Board members to take any official action.) THEREFORE, the Laurel City council is hereby informed that the Denied. X Granted, subject to the following conditions: Planing Board recommends that the application for Home Occupation by Michael Haney be: Dated this 11th day of A ril 1996 - Planning Board Chairman