HomeMy WebLinkAboutCity/County Planning Board Minutes 01.11.1996 MINUTES
CITY-COUNTY PLANNING BOARD
JANUARY 11, 1996 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT:
OTHERS PRESENT:
Chuck Dickerson, City Rep.
Billielou Lance, County Rep.
Merrill Watkins, County Rep.
Clarence Foos, County Rep.
Bob Dantic, City Rep.
Donna Kilpatrick, City Rep.
Cal Cumin, City Planner
Cheryll Lund, City Secretary
Tom & Shelly Haidle, 810 W. 12th St.
Motion by Billielou Lance, seconded by Merrill Watkins, to
approve the minutes of the December 14, 1995 meeting with the
amendment of Clarence Foos added to the roster and the votes on all
motions changed to 9--0. Motion carried 6--0.
Motion by Donna Kilpatrick, seconded by Bob Dantic, to approve
the administrative services bill of $200 for January 1996. Motion
carried 6--0.
Home Occupation- Tom & Shelly Haidle, 810 W. 12th Street
The Haidle's have requested a home occupation to operate a contract
telephone and data service out of their home. Consultant work will
also be done.
They will have no customer's coming to the home, which will
eliminate any additional traffic concerns. No merchandise will be
displayed in the home and there will be no other employees hired.
The Haidle's goal is to have their business located outside their
home within a year's time.
Cal recommended approved subject to no other employee's working at
the house.
Motion by Billielou Lance, seconded by Merrill Watkins, to
recommend approval to the City Council subject to no other
employees working out of the home at 810 W. 12th Street. Motion
carried 6--0.
The Haidle's left the meeting at 6:13 p.m.
Public Hearinq- Subdivision Chanqes
Motion by Billielou Lance, seconded by Donna Kilpatrick, to
open the public hearing on Subdivision Changes. Motion carried 6--
0.
No one was in attendance at the public hearing. Only people
present were board members, city secretary and city planner.
Discussion by the board on the subdivision changes that were put
into effect by the Legislature.
Cal read over the changes and a discussion was held.
Motion by Billielou Lance, seconded by Donna Kilpatrick, to
close the public hearing. Public Hearing was closed at 6:40 p.m.
Motion by Chuck Dickerson to accept the
and recommend approval to the City Council.
carried with 5 in favor and i in opposition.
subdivision changes
Motion seconded and
Cal mentioned that the City Attorney had received a draft of the
Attorney General's opinion concerning the manufactured home at 1745
W. Maryland. The City Attorney will respond back to the Attorney
General and then get a final opinion. The City will then decide
what form of action to take regarding this matter.
Motion by Billielou Lance, seconded by Clarence Foos, to
adjourn. Meeting was adjourned at 7:10 p.m.
Respectfully submitted,
Cheryll Lund, Secretary
CITY OF LAUREL
HOME OCCUPATION REQUEST FORM
0 Date 1-3 ! g/a --
Name -?-SAe,//? 046!E 1c Telephone g -Kye z 7
S -7 6
Address Li. ;?It-, -
e"(--Description of desired home occupation s? L64'- ZVA262 Y?- c?
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)? f-
2. Will any stock in trade be displayed or sold upon premises? AZo
3. Will the character of the principal building be altered from that of a dwelling?--X6
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.)
5. Will more than 25 percent of the area of one story of the building be devoted to
the planned home occupation?_AIQ
6. Will any equipment be used in the home occupation which creates noise, vibration,
glare, fumes, odors, or electrical interference? A)p ._
7. Will any equipment or process be used'which creates visual or audible interference
in any radio or television receivers off the premises? _ )o .
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 propeLry
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.
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I FORMATIONZ :
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
automatic home occupation designation.
PROCEDURE:
1. Comrle this Home Occupation Request Form and submit it to the clerk in the
City Engineer's Office seven (7) working days prior to a regularly scheduled meeting of
the City-County Planning Board (which usually 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 request. 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 Committee for the actual business license to operate the home
SKETCH:
occupation.
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.
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LAUREL SUBDIVISION ORDINANCE
CHANGES REQUIRED BY LAST LEGISLATURE
Discussion 12 Sep 95
Discussion 9 Nov 95
16.04.010(A) Purpose of provisions
Delete existing section and replace with the following:
It is the purpose of this ordinance to promote the public health, safety, and general
welfare by regulating the subdivision of land,• prevent the overcrowding of land; lessen
congestion in the streets and highways; provide for adequate light, air, water `supply, sewage
disposal, parks and recreation areas, ingress and egress, and other public improvements;
require development in harmony with the natural environment, protect the rights of property
owners, and require uniform monumentation of land subdivisions and transferring interests in
real property by reference to a plat or certificate of survey within the jurisdictional area of the
Laurel-Yellowstone City-County Planning Board.
16.08.035 Add new section:
Certificate of Survey
"Certificate of Survey" means a drawing of a field survey prepared by a registered
surveyor for the purpose of disclosing facts pertaining to boundary locations.
16.08.130 Change the last part from "--four and one-half mile jurisdictional area." to "--city-
county planning board jurisdictional area. "
16.08.260 Occasional sale
Delete.
16.08.390 Subdivision
Delete existing definition and replace with:
"Subdivision" means a division of land or land so divided that creates one or more
parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of
a Unites States government section, exclusive of public roadways, in order that the title to or
possession of the parcels may be sold, rented, leased, or otherwise conveyed and any
resubdivision and further a condominium or area, regardless of its size, that provides or will
provide multiple space for recreational camping vehicles or mobile homes.
A subdivision comprises only those parcels containing less than 160 acres that cannot be
described as a one-quarter aliquot part of a United States government section when the parcels
have been segregated from the original tract. The subdivision plat must show all the parcels
whether contiguous or not.
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16.08.420 Tract of Record
Delete existing definition and replace with:
"Tract of Record" means a parcel of land, irrespective of ownership, that can be
identified by legal description, independent of any other parcel of land, using documents on file
in the records of the County Clerk and Recorder's Office.
16.12.020(A) Preapplication procedure
Change first sentence to read as follows: The subdivider or authorized agent shall meet
with the City-County Planning representative prior to submitting the required preliminary plat.
16.12.070 Preliminary plat approval--Public hearing--Relevant evidence to be
heard
Delete and replace with:
Preliminary plat approval Public hearing Local government
primary review criteria
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(1) The basis for the governing body's decision to approve, conditionally approve,
or disapprove a subdivision is whether the preliminary plat, environmental assessment, public
hearing, Planning Board recommendations, or additional information demonstrates that
development of the subdivision meets the requirements of State Subdivision and Platting Act and
the Laurel Subdivision Ordinance.
(2) The subdivider shall submit the information needed to address the following
criteria and the governing body shall issue written findings offact for the public record that
weigh the affects of the proposed subdivision through the following criteria as applicable:
(a) the affect on agriculture, local services, the natural environment,
wildlife and wildlife habitat, public health and safety, and taxation (see Appendix A to this
chapter for required information);
(b) compliance with:
(i) State survey requirements;
(ii) local subdivision regulations;
(iii) local subdivision review procedures;
(iv) the provision of easements on the final plat for the location and
installation of any planned utilities;
(v) the provision of legal and physical access to reach each parcel
within the subdivision, the required notation of that access on the applicable plat, inclusion of
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the description of such access on any instrument of transfer concerning the parcel; and the
standards to which the access road will be built (which is subject to local government approval).
16.12.1100 New section: Noxious weed management plan.
16.16.012 New section: Low impact minor subdivisions
A. Low Impact Minor Subdivision Defined: Low Impact Subdivisions are those
subdivisions where:
(1) Only one or two additional lots would be created,
(2) The proposed subdivision is the first division of land from a tract of
record;
(3) The occasional sale or family conveyance exemptions have not been
previously used to create the subject property or adjacent parcels; and
(4) The proposed subdivision is not located on land unsuitable for
development because of natural or man-made hazards or adverse existing or created
environmental conditions.
B. Review by Laurel-Yellowstone City-County Planning Representative:
(1) The subdivider provides 5 copies of the preliminary plat of the Low
Impact Subdivision to the representative of City-County Planning for review; such plat shall
conform to 1612. 110 of this chapter except that contour intervals can be determined from USGS
maps.
(2) When a Low Impact Subdivision is situated where no further
development or no future increase in traffic volumes will occur, any or all of the following access
standards may be approved when deemed appropriate by the local governing body:
(a) right-of-way width: level terrain-40 feet; hilly terrain--50 feet.
(b) road width: 20 feet.
(c) the requirement for all-season access is waived.
(d) access by private easement (see Appendix B to this chapter for
format).
(e) standards used must be noted on the final plat and any
instruments of conveyance.
(3) The City-County Planning Representative reviews the Low Impact
Subdivision for compliance with these regulations and makes a recommendation to the local
governing body within 20 days from acceptance of the preliminary plat.
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(4) The governing body, at its next regular meeting, makes any changes to
the written findings offact, and acts to approve, conditionally approve, or disapprove the
subdivision.
16.16.020(A) Change as follows: Replace existing paragraph `A' with:
A. The subdivider shall meet with or provide all relevant information regarding the
proposed minor subdivision to the City-County Planning representative prior to making written
application far plat approval.
Change existing para "A" to "B" and change the number of copies required in that para
from 20 to 24.
Change existing para "B" to "C".
16.16.030(B) Change first sentence to read as follows: The City-County Planning Board shall,
at the end of the thirty day review period or as noted in 16.16.012, notify the subdivider in writing
of its intent to recommend approval, denial, or conditional approval.
16.16.040 Preliminary minor plat form and content
Change to read: The preliminary minor plat shall meet the standards of design as set forth
in Chapter 16.24--or as allowed in 16.16.012---of these regulations and shall clearly show all
information as required in Sections 16.12. 110 through 16.12.120.
16.20.030(A)(20) f Add: Certification by the County Treasurer that realProPertY taxes and
special assessments made and levied on the land to be subdivided are paid.
16.20.030(A)(21) Add: Any subdivision that establishes or defines a section line and
creates a parcel that crosses the established or defined section line so that an irrigation district
assessment boundary is included in more than one section shall note on the survey the acreage
or the farm unit or created parcel in each section, and the surveyor preparing the survey shall
notify the appropriate irrigation district or the existence and purpose of the survey. These
requirements shall only apply to subdivision surveys for which the surveyor determines that,
based on available public records, the subdivision survey involves land traversed by a canal or
ditch owned by an irrigation district (as established pursuant to Title 85, Chapter 7, MCA) or
land included in such an irrigation district.
1632 Guarantee of required improvements
Delete all of existing chapter and replace with the following:
16.32.010: Provision for bonding requirements to ensure construction of public
improvements.
A. Except as provided in subsection B, the governing body shall require the
subdivider to complete required improvements within the subdivision prior to the approval of
the final plat. 0
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B. (1) In lieu of the completion of the construction of any public
improvements prior to the approval of a final plat, the subdivider shall provide or cause to be
provided a bond or other reasonable security-which may include an irrevocable letter of
credit, in an amount and with surety and conditions satisfactory to the governing body,
providing jar and securing the construction and installation of the improvements within a
period specified by the governing body and expressed in the bonds or other security. The
governing body shall reduce bond requirements commensurate with the completion of
improvements
(2) In lieu of requiring a bond or other means of security for the
construction or installation of all the required public improvements under subsection a(1),
the governing body may approve an incremental payment or guarantee plan. The
improvements in a prior increment must be completed or the payment or guarantee of payment
for the costs of the improvements incurred in a prior increment must be satisfied before
development of future increment&
G Approval by the governing body of a final plat prior to the completion of
required improvements and without the provision of the security required under subsection B
is not an act of a legislative body for the purposed of MCA 2.9-111.
16.36.020 Size requirements [Parks]
Change to read: Park dedication requirements
1. Except as provided in subsections 2, 3, and 6, a subdivider shall dedicate to the
governing body a cash or land donation equal to:
a. 11 % of the area of the land proposed to be subdivided into parcels of one-half acre
or smaller;
b. 7.5% of the area of the land proposed to be subdivided into parcels larger than one-
half acre and not larger than 1 acre;
C. 5% of the area of the land proposed to be subdivided into parcels larger than 1 acre
and not larger than 3 acres; and
d. 2.5% of the area of land proposed to be subdivided into parcels larger than 3 acres
and not larger than 5 acres.
2. When a subdivision is located totally within an area for which density requirements
have been adopted pursuant to a master plan under Title 76, Chapter 1, or pursuant to zoning
regulations under Title 76, Chapter 2, the governing body may establish park dedication
requirements based on the community need for parks and the development densities identified in
the plans and regulations. Park dedication requirements established under this subsection are in
lieu of those provided in subsection I and may not exceed 0.03 acres per dwelling unit.
3. A park dedication may not be required for:
a. a minor subdivision;
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b. land proposed for subdivision into parcels larger than 5 acres;
C. subdivision into parcels that are all nonresidential;
d. a subdivision in which parcels are not created, except when that subdivision
provides permanent multiple spaces for recreational camping vehicles, mobile[manufactured]
homes, or condominiums; or
e. a subdivision in which only one additional parcel is created.
4. The governing body, in consultation with the subdivider and the planning board or park
board that has jurisdiction, may determine suitable locations for parks and playgrounds and,
giving due weight and consideration to the expressed preference of the subdivider, may
determine whether the park dedication must be a land donation, cash donation, or a combination
of both. When a combination of land donation and cash donation is required, the cash donation
may not exceed the proportional amount not covered by the land donation.
5. a. In accordance with the provisions ofsubsections 5(b) and S(c), the governing
body shall use the dedicated money or land for development, acquisition, or maintenance of
parks to serve the subdivision.
b. The governing body may use the dedicated money to acquire, develop, or
maintain, within its jurisdiction, parks or recreational areas or for the purchase ofpublic open
space or conservation easement only if G
(1) the park, recreational area, open space, or conservation easement is
within a reasonably close proximity to the proposed subdivision; and
(2) the governing body has formally adopted a park plan that establishes the
needs and procedures for use of the money.
C. The governing body may not use more than 50% of the dedicated money for park
maintenance.
6 The local governing body shall waive the park dedication requirement if
a. (I) the preliminary plat provides for a planned unit development or other
development with land permanently set aside for park and recreational uses sufficient to meet the
needs of the persons who will ultimately reside in the development, and
a. (2) the area of the land and any improvements set aside for park and
recreational purposes equals or exceeds the area of the dedication required under subsection 1;
b. (1) the preliminary plat provides long-term protection of critical wildlife
habitat, cultural, historical, or natural resources; agricultural interests; or aesthetic values; and
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b. (2) the area of the land proposed to be subdivided, by virtue of providing
long-term protection provided for in subsection 6(b) (1), is reduced by an amount equal to or
exceeding the area of the dedication required under subsection 1; or
c. the area of the land proposed to be subdivided, by virtue of a combination of the
provisions of subsections 6(a) and 6(b), is reduced by an amount equal to or exceeding the area
of the dedication required under subsection 1.
7 For the purposes of this section:
a. "dwelling unit" means a residential structure in which a person or persons
reside; and
b. "cash donation" is the fair market value of the unsubdivided, unimproved land.
16.36.030 Cash donation in lieu of dedication when
Delete.
16.36.050 Documentation of cash donation required
Delete.
16.36.060 Planned unit development--Waiver of provisions when
Delete.
16.36.070 Single-ownership development--Waiver of provisions when
Delete.
16.36.080 Parcels of certain size-Waiver of provisions when
Delete.
16.36.100 Subdivider to develop parks or playgrounds--Waiver of provisions
when
Delete.
16.44.010 Add:
I. With every preliminary subdivision plat submittal, the subdivider shall
provide information for the local government's Preliminary Review Criteria as delineated in
Appendix A to this Ordinance.
C35SDO2
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