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HomeMy WebLinkAboutCity/County Planning Board Minutes 10.12.1995 MINUTES CITY-COUNTY PLANNING BOARD OCTOBER 12, 1995 7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Gerald Shay, Member at Large Lonnie Kellogg, City Rep. Don Gudgell, County Rep. Clarence Foos, County Rep. Billielou Lance, County Rep. Jim Ziegler, County Rep. Donna Kilpatrick, City Rep. OTHERS PRESENT: Cal Cumin, City Planner Cheryll Lund, City Secretary Monty & Terri Cherry, 1118 10th Ave. Miles & Vicki Walton, 419 8th Ave. Carole Mayes, 1316 5th Avenue Shirley Vennes, 712 8th Avenue Ruby Hanson, 1745 W. Maryland Motion by Billielou Lance, seconded by Donna Kilpatrick, to approve the minutes of the September 1995 meeting. Motion carried 7--0. Motion by Billielou Lance, seconded by Don Gudgell, to approve the administrative services bill for November for $200. Motion carried 7--0. LAND USE VARIANCE- WALTON/CHERRY/SCHESSLER- 420 4th Avenue Terry Cherry spoke regarding the application. They would like to put in a business at 420 4th Avenue. Vicki has been a barber in Laurel for several years and wants to move her one chair business into this area. Terri has been an RN with the Billings Clinic since 1973. She is making a career change and will do the massage therapy. She would be the only massage therapist. She feels that with only one barber chair and one massage table that there will be minimal traffic generated. The office hours would be 9 am to 6 pm, usually, with an occasional Saturday appointment. They plan to do some landscaping around the building to make it look a little nicer. The building is vacant at this time, but in the past it has been a grocery store and print shop. They did go around to all the neighbors within 300 feet, and no one expressed any objection to their proposed business. They did not get any signatures. Dorothy and Paul Smith, 419 5th Avenue, called City Hall and expressed that they would be in favor of having this proposed business at 420 4th Avenue. Ike Schessler, the present owner of the property, is ill and was unable to attend the meeting. Question on how many people would be coming to the business each day. Vicki estimated that on a busy day she might do 8 to 10 people, depending on what she is doing. Some days she only sees 4 people because of the services they want (perms, hair coloring). Terry would see about 5 or 6 people per day. Each of her appointments last about one kour. Question on parking. Monty Cherry states that because the building is located on a corner there is plenty of room for customers to park. If they are required to put in additional parking spaces they could do so on the lot itself. Miles Walton stated that the building lends itself easily to a business. There is no front yard. There is an available sign post in front. The front windows are larger than normal to make it look like a business. Carole Mayes stated that she listed the property in July of 1995. Ike Schessler would like to sell this property as a business property. It has been difficult to sell as a family residence because there is no front yard. Motion by Don Gudgell, seconded by Ziggy Ziegler, to close the public hearing. Motion carried. Question on the size of the lot. The lot is 3,496 square feet. The residence is 908 square feet and it has a single attached garage. Lonnie Kellogg recommended that a public hearing be held by the city council so that any objecting neighbors could have a chance to speak regarding this matter. It is brought up that all neighbors within 300 feet were notified, by letter, of the public hearing. There were no neighbors that came and objected. Lonnie still feels that they should have one more public hearing so the council can get a feel for what the neighbors think on this matter. Cal states that this was an existing land use that was commercial and then that commercial use stopped for more than 30 days. Once that happens, that land goes back to residential use. Gerald Shay states that if the board decides to change this back to a commercial use it will set a precedence for everyone in that area. Billielou disagrees because the land was once commercial. Cal states that the purpose for this situation is to eventually eliminate that commercial use. Just because an owner can't sell it properly for that use should not be a part of the consideration. Cal told Ike Schessler that the biggest part of this issue would be whether or not the neighbors object to it. Cal recommends denial because he has no allowance in the ordinances to recommend approval. Motion by Lonnie Kellogg, seconded by Donna Kilpatrick, to recommend to the city council approval of this land use variance and that they hold a second public hearing on this matter. Motion carried 7--0. The council will consider the recommendation at their October 17th meeting. If they decide to hold a second public hearing than two advertisements will appear in the Laurel Outlook stating when the public hearing will be held. PROPOSED CHANGES/ADDITIONS IN THE ZONING ORDINANCE Cal passed out a revised sheet of proposed zoning ordinance changes and additions. As noted at last month's meeting he has added 2 new zones addressing 5 acre and 1 acre tracts. Gerald Shay suggested that bison's be taken off of the list of allowable animals, as they are tough to keep in fences and they are mean. Cal suggested that the board note the exception he put in requiring a special review for any animals not on the list. Cal also suggested that the board look over the revised proposed changes and additions to the zoning ordinances and be prepared to discuss these at the November meeting. There is also provisions and definitions of manufactured homes in the proposed two new zones. 3 Cal scheduled the placement of these zones on our zoning map for the November 9th meeting. Ca! went over some of the subdivision laws that were changed and went into effect as of October 1st by the Montana Legislatures. He requested the board members to go over the changes and direct any questions to him at the November meeting. Discussion on a request to add an area south of Thiel Road on our zoning map. The area is OUt of the City of Laurel's one mile zone jurisdiction, but a portion of it is within our 4 1/2 mile planning jurisdiction. (see attached correspondence) We cannot go outside of our one mile zoning jurisdiction due to state law, but the county can set up and administer the zoning district. The meeting adjourned at 7:50 p.m. Respectfully submitted, Cheryll Lund, Secretary VIELLOWS70HC COM rHTV BOARD OF PLANNING 4TH FLOOR, LIBRARY BUILDING - 510 N. 28TH PA. BOX 1178 - BILLINGS, MONTANA 59103 PHONE: (4061657-8246 TO: Cal Cumin FROM: Kerwin Jensen DATE: September 28, 1995 RE: Special Zoning District Near Laurel As we discussed earlier this morning, last night I spoke with several individuals who own property along Moser Dome Road south of Laurel and they have a definite interest in creating a special zoning district. A portion of this property lies within the Laurel Planning Jurisdiction while the rest lies within the Yellowstone County Planning Jurisdiction. Enclosed is a map illustrating the proposed district along with the Laurel-Yellowstone County Jurisdiction boundary. The boundaries of this proposed zoning district are likely to change since we are in the very early stages of creating a district. This office is willing to invest the staff time necessary to create this district, however, I thought it would be important to have the consent of the Laurel Planning Board before we continue to pursue this matter. Would you explain this situation to the Laurel Planning Board at its next regularly scheduled meeting and get back with me. If you have any questions, I can be reached at 657-8289. cc Bill Armold, Yellowstone County Planning Director • SERVING BILLINGS, BROADVIEW AND YELLOWSTONE COUNTY " IA ~ H I csal?e RAAA ?. y 1--c crsu?M no Nr IawuEx 1 Roa x c4pws Flat FLA-r ROp.D 4o w ° lqz 2 c ? 31 789 q. ?y4 i1 o '-?1 9y LAUREr rTTn, 'ti4C - J1J??TION 1 RUAIORA ?J 1 sl F ?? e ' ? ; l ill ? Ol 6 ; N ; ?' \ \ FAITS as 1 v i f ?i o? Cure o \\b \„ p 99 a Ro" RD. a Mgl PPLd7 id erg + ?` _ 7NIEL RD, ° ' ?e 1 p r ?o cork p .2Z ;3 ? c \ ?r mast ?.r o G crry RD, c 25 30 / O ? yes Wo Z? /5 a : ` .v `rX"'an ' Li G br,N DNau, ROA (r JJ CAP D 31 G • O¢4y? 31 PROPOSED O S ? ZONING X DISTRICT l ('') ? ? 4 N-) ICU « ENO - a S YELLOWSTONE COUNTY JURISDICTION R 24E .;:: . . I w CONSIDERATIONS FOR CHANGES/ADDITIONS TO THE LAUREL ZONING ORDINANCE (DISCUSSION PURPOSES) 14 Sep 95 12 Oct 95 17.08.390 Dwelling, Single-Family Change to delete all after `--dwelling unit:' in the first paragraph (deletes references to siding and roof pitch, etc.). Add: 17.08.651 Livestock Units Livestock units for the purposes of this section shall be defined as follows: Livestock Class Livestock Units Cow-mature 1.00 Cow with calf 1.60 Bull-mature 1.25 Bull yearling .67 Calf-weaned .60 Calf-under six months .25 Steer-one year old .70 Steer-two year old .90 Steer-three year old 1.00 Heifer-one year old .67 Heifer-two year old .85 Heifer-three year old 1.00 Horse-mature 1.50 Horse with colt 1.50 Colt-weaned .75 Ewe-mature .20 Ewe with lamb .20 Lamb-weaned .10 Lamb-under six months .20 Ram-mature .50 Goat-mature .20 Goat with kid .20 Kid-weaned .05 Kid under six months .10 -Bison-mature 1.00 Bison with-calf 1.00 Bison caf weaned .60 1 ?rrde?-six r??r?tb s . 25 Hog-mature .50 Hog-weaned .20 Livestock units for animals not listed herein shall be determined by the Planning Director. 17.08.760: change from Modular or Manufactured Housing Unit to read: Mobile Home (see Manufactured Home Parks, Travel Trailer Parks, and Individual Manufactured Homes) Add: 17.08.761: Manufactured Home Parks, Travel Trailer Parks, and Individual Manufactured Homes The following definitions shall be utilized in determining the appropriate classification of manufactured homes, modular homes, and travel trailers: 1. Manufactured Home: a dwelling unit that : (a) is not constructed in accordance with the standards set forth in the Uniform Building Code, applicable to site- built homes and (b) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and (c) exceeds forty (40) feet in length and eight (8) feet in width. 2. Manufactured Home, Class A: A manufactured home constructed after January 1, 1990, that meets or exceeds the construction standards promulgated by the U. S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria: a. The home has a length not exceeding four times its width; b. The pitch of the unit's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; C. The standard siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction; d. A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and e. The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. 3. Manufactured Home, Class B: A manufactured home constructed after January 1, 1990, that meets or exceeds the construction standards promulgated by the U. S. Department of Housing and Urban Development that were in effect at the time of 0 . 2 IS construction but that does not satisfy the criteria necessary to qualify the house as a Class A manufactured home. 4. Manufactured Home, Class C: Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home. . 5. Manufactured Home Park: A residential use in which more than one manufactured home is located on a single lot. 6. Modular Home: A dwelling unit constructed in accordance with the standards set forth in the Uniform Building Code, applicable to site-built homes, and y composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the Uniform Building Code Standards applicable to site-built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site. 17.08.1120 Trailer or Mobile Home Delete existing definition and insert: See Manufactured Home Parks, Travel Trailer Parks, and Individual Manufactured Homes. 17.08.1130 Travel Trailer Delete. 17.08.1140 Trailer or Mobile Home Park Delete. 187.08.1150 Trailer Subdivision or Mobile Home Subdivision Delete. 17.08.1160 Uniform Building Codes Change to read as follows: "Uniform Building Codes" means the currently adopted set of regulations in effect concerning building in the City, as defined in Section 17.08.160 of this chapter, and as utilized in the zoning jurisdiction of the City of Laurel and in that area around Laurel in which Laurel en forces the building code. Add 17.12.031: Suburban Residential (SR) Zone - 5 6LoL4.a • 3 This zone is limited to single-family residential tracts on a minimum of five (5) acres of land and on which agricultural uses may be conducted with the exception that animal units shall not exceed five (5) per five (5) acres (see Livestock Units in section 17.0$. 651). Add 17.08.034: Residential Tracts (R7) Zone This residential zone is designed for single-family residential homes on a minimum of one (1) acre and no livestock. 17.12.090 Residential Mobile Hoene (RMH) Zone Change to read: Residential Manufactured Hone Zone The residential manufactured home zone is intended to provide a suitable residential environment for individual manufactured homes, manufactured home parks, and competitive accessory uses. Table 17.16.010 Add columns of allowable uses for Suburban Residential and Residential Tracts Zones: Table 17.16.010 l its ??R RT Accessory building or use incidental to any permitted residential use customarily in connection with the principal building and is located on the same parcel I as the permitted use A A Animals (see Zoning District description for specifics) A Automobile parking in connection with a permitted residential use A j` A Boarding and lodging houses Cemetery SR Child care centers SR SR Churches and other places of worship including parish house and Sunday school buildings A SR Convelescent, nursing homes, retirement homes, orphanages, and charitable institutions A SR Convents and rectories A SR Crop and tree farming, greenhouses, and truck gardening A A Day care centers SR SR Day care home A A 4 V r Day care facilities Kennels (non-commercial0 Dwellings single-family two-family multi family manufactured homes Class A Class B Class C row housing Family day care homes Greenhouses for domestic use Group day care homes Home occupations Parking, public Parks, playgrounds, playfields, golf courses, community center buildings operated by public agency or a neighborhood or homeowners association Public service installations Schools including private Rehabilitation center 0 Table 17.16.020 5R RT & ?m A A A- A A A A A A A A SR A SR A SR A A A A SR A SR A SR Add RT and SR columns providing for five acres for one unit in RT and one acre for one unit in SR (and no more), and providing the following set backs, etc.: Minimum yard setback: front 100 25 Side 100 25 Side adjacent street 100 25 Rear 100 25 Maximum height of all buildings NA 30 Maximum lot coverage NA 20 Minimum size district (acres) 20 5 Correct RMF column to show that two and three units are allowed with 7,500 and 8,500 square feet respectively. In setback requirements section, Minimum yard: change "--city right-of-way" to read "--public right-of-way". MAKE CHANGES TO ZONING MAP C35ZO925 5 LAUREL SUBDIVISION ORDINANCE CHANGES REQUIRED BY LAST LEGISLATURE Discussion 12 Sep 95 16.28.130 Completion of improvements according to established schedule Change paragraph A to read: The subdivider shall elect, by written statement to the governing body to carry out minimum improvements in accordance with the provisions of this chapter by airy of the following methods, shall include a schedule by which he plans to complete the improvements, and shall comply with the provisions of 76-3-507 and 76-3-508 MCA: [These provisions deals with bonding requirements and -:..::w."'' ' which capital facilities a local government may or may not require developers to pay for.] 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; 0 b. land proposed for subdivision into parcels larger than 5 acres; 0 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 of subsections 5(b) and 5(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 of public open space or conservation easement only if.• (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. (1) 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; • 2 b. (1) the preliminary plat provides long-term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values; and b. (Z) 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 APPLICABILITY Funds in a park fund that exceed $10,000 as of October 1, 1995, must be used for park land acquisition and initial development. Funds in a park fund up to $10,000 as of • October 1, 1995, may be used for park maintenance in accordance with a formally adopted park plan. 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. 4P 3 -r L_I • 10 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. 4 TO: MEMBERS OF THE CITY-COUNTY PLANNING BOARD & THE LAUREL CLTY COUNCIL. WE, TERRI CHERRY AND VICKI WALTON, RESPECTFULLY REQUEST YOUR CONSIDERATION OF A BUSINESS VARIANCE AT 420 4TH AV.,LAUREL, MT. FOR THE FOLLOWING REASONS: 1) TERRI WOULD HAVE A LICENSED AND CERTIFIED THERAPEUTIC MASSAGE BUSINESS. SHE IS ALSO A LPN AND HAS WORKED AT THAT CAPACITY SINCE 1973. 2) VICKI WOULD HAVE A ONE PERSON LICENSED BARBER SHOP. SHE HAS HAD A BARBER SHOP IN LAUREL FOR THE PAST 9 YEARS. 3) THIS BUSINESS WOULD NOT GENERATE A HIGH RATE OF TRAFFIC. ALL CUSTOMERS WOULD BE BY APPOINTYMENT ONLY, AND MOST BUSINESS WOULD BE DURING THE DAYTIME. 4) WE PLAN TO STAY AT THIS LOCATION FOR A LONG TIME. 5) BOTH OF US ARE, AND WILL CONTINUE TO STAY ACTIVE IN COMMUNITY PROJECTS. 6) PRIDE OF OWNERSHIP WILL SHOW IN OUR CARE AND LANDSCAPING OF THE EXTERIOR. WE VISITED, IN PERSON, WITH THE PEOPLE IN THE SURROUNDING FOUR BLOCK NEIGHBORHOOD, AND GOT A POSITIVE RESPONSE FROM EACH ONE. THIS LOCATION HAS BEEN THE HOME OF SEVERAL BUSINESS IN THE PAST, AND THE DESIGN ( THE BUILDING IS LOCATED CLOSE TO THE STREET, WITH NO FRONT YARD) IS CONDUSIVE TO BEING ONE AGAIN. L__.I