HomeMy WebLinkAboutCity/County Planning Board Minutes 10.21.1993 MINUTES
CITY-COUNTY PLANNING BOARD
OCTOBER 21, 1993 7:15 P.M.
UPSTAIRS MEETING ROOM- CITY HALL
The meeting of the City-County Planning Board was brought to order at 7:15 p.m. with
the following members present:
John Hawley Smith, Chairman
Lonnie Kellogg, City Representative
Donna Kilpatrick, City Representative
Larry Thomas, City Representative
loc Bradley, City Representative
Clarence Foos, County Representative
Others present:
Cal Cumin, City Planner
Cheryll Lund, City Secretary
Dan McGee, McGee & Company, 2507 Pinyon, Laurel
Mary and Jessie McGee, 2507 Pinyon, Laurel
Eugene and Esther Coombs, 1821 Greystone, Billings
Nita Hatcher, 610 W. 13th, Laurel
PRELIMINARY PLAT- GENE'S ACRE.
Eugene Coombs, land owner, spoke about the preliminary plat application. Dan McGee,
McGee and Company, was also present representing surveying. Cal recommended approval
subject to addressing the concerns of the County Surveyor's Office. (see attached)
Motion by Donna Kilpatrick, seconded by Lonnle Kellogg, to move that approval be
recommended for Gene's Acre plat. Motion carried.
HOME OCCUPATION- RON HATCHER- 610 W. 13TH.
Nita Hatcher was present, representing her husband Ron, and spoke concerning the home
occupation application. They buy and refinish antiques and sell them through other businesses.
They only store and refinish the antiques on their property. They do not have customers coming
to their home, no stock in trade or advertisement is done, no employees.
Motion by Lonnie Kellogg, seconded by Donna Kilpatrick, to recommend that the City
Council approve the home occupation for Ron Hatcher, provided that no stock in trade be
displayed on their premises. Motion carried.
PRELIMINARY PLAT- NORTHHILL ESTATES- SECOND FILING
Cal explained that we have already approved this preliminary plat. It got sent back to us from
the County because of a name change from Majestic Subdivision to Northhill Estates- Second
Filing.
Cal recommended approval with the the same conditions as before for Majestic Subdivision.
Motion by Lonnie Kellogg, seconded by Donna Kilpatrick to approve the preliminary
plat. Motion carried.
SUBDIVISION ORDINANCE CHANGES.
Cal talked about Subdivision Ordinance changes required by the last legislature and to generally
approve the local subdivision administration that we are to review that he feels we should
consider. This is the second draft submitted by Cal to the Board for review. (see attached)
Motion by Donna Kilpatrick, seconded by Clarence Foos, to set a Public Hearing for
the November 18, 1993 Planning Board meeting. Motion carded.
FRONT YARD DEPTHS.
Cal explained that this issue was brought to his attention by Dave Michael in regards to setbacks
on new construction in existing neighborhoods where established setbacks may differ from the
City code. (see attached)
Motion by Clarence Foos, seconded by Lonnie Kellogg, to set a Public HOaring for the
November 18, 1993 Planning Board meeting. Motion carried.
AIRPORT ZONING.
lohn Smith approached Cai concerning the zoaing around the airport. He and the Airport
Authority Board feel there should be a tightening of the zoning review for develapment in the
airport area of influence. Cal feels that these are valid issues and he will start a rough draft of
changes and additions he feels should be added tto the existing airport zoning, ordinance.
Billings Logan International has recently done away with alot of their hangar's for Smaller planes
and these people are seeking out hangar space for their planes. The airport traffic has grown
and will continue to grow, and John feels that we do need to address this issue. ~lso through
getting local building inspection authority and good pl~nni~g around the airport.
Motion by Donna ~Ciipatrick, seconded by Joe Bradley, to pay the Administrative
Services bill for $400 (September and October). Motion carried.
The meeting was adjourned at 8:18 p.m.
Respectfully submit~d,
Cheryll Lund, Secretary
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CITY OF LAUREL
HOME OCCUPATION REQUEST FORM
Date
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Name w -?pk
Address U,I lq+?
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Descri tion of proposed home occupation:
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please answer the following questions by indicating yes or no. If your
response is yes, please explain.
1- Will-any person other than a member of the ijxnediate family occupying
the dwelling be employed, except domestic help? Mc)
2. Will any stock in trade be displayed or sold upon the premises?
3. Will the character of the principal building be altered from that of a
dwelling? p
4. Will any illuminated signs be used?
Information: Law 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 home occupation?NLL
6. Will any equipment be used in the*home occupation which creates noise,
vibration, glare, fumes, odors, or electrical interference? JV(D
7•- Will any equipment or process be used which creates visual or audible
interference in any radio or television receivers off the premises?
8. Attach a list of the the names and addresses of all adjacent
.property residents within one hundred (100) feet of the subject
property of this application. Have these adjacent residents
been notified of the planned Home Occupation and, if so, how hog`
Information fed o lrh Tricke 1, c?bZ GU- t3-4 I?e dd Sehre;n-err 4,to UJJ-3 W- 5, r
Home Occupations arp deemed to be both siteespecific ?and owner specific
' CITY OF LAUREL HOME ACCUPATION REQUEST FORM
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thus, the use of a portion of a structure as a home occupation will not
permit a subsequent owner an automatic home occupation designation.
1. Complete home occupation request form and submit it to the
City seven (7) working days prior to a regularly scheduled
meeting of the Planning Board.
2. The Planning Board will consider the request at their regu-
larly scheduled meeting. Attendance at this meeting is
required by the applicant or his/her representative.
3. The Planning Board will make a recommendation to the City
Council that the specific request for a home occupation
designation be granted or denied.
4. The City Council will consider the Planning Board's recom-
mendation concerning the specific home occupation designation
and approve or deny it at their next regularly scheduled
meeting. Attendance by the applicant or his/her represent-
ative is required at this meeting.
Sketch
In the space below, please provide a rough sketch with basic dimen-
sions showing the location of your business in your home in relation
to the other areas in your home. Include any storage area the
business may require.
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SUBDIVISION NOXIOUS WEED MANAGEMENT
A. Restoration of Construction Sites
1. Broadcast Seed
2. Seed Type and Rate
Smooth Bromegrass 8 lbs per Acre
Crested wheatgrass 4 lbs per Acre
Winter Wheat 10 lbs per Acre
3. Fertilizer
100 lbs of 0-45-0 Phosphate per Acre
4. Roller pack a minimum of three times after broadcasting seed
to pack seed 1/4 inch into soil.
5. Seed November to March or as authorized by the Weed District.
6. Seed must be certified Noxious Weed Seed Free
B. Noxious Weed Management
All Noxious Weed on the latest Yellowstone County Noxious Weed
List, must be controlled on all properties in the subdivision. A
Noxious Weed Management Plan must be filed and updated annually for
approval by the Yellowstone County Weed Board. It must contain
the Noxious Weeds being addressed and the plan for control of those
weeds. All cost of Noxious Weed Control is the responsibility of
the property owners (of record). The right of way Noxious Weed
control is the responsibility of the developer. Once the
Subdivision Maintenance District is formed, it then becomes the
responsibility of the District.
C
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TO: CHERYLL LUND, SECRETARY
CITY- COUNTY PLANNING BOARD
FROM: BARRY MARSH, SUBDIVISION COORDINATOR
DATE: SEPTEMBER 27, 1993
PRELIMINARY PLAT OF GENE'S ACRE
The access road should be labeled on the plate as a private access road
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Added article - All fences, irrigation ditches, and other private improvements will be
removed from the dedicated right-of-way of Old Highway 10 as required by construction
at the land owners expense.
Added article - Noxious Weed Management plan and also procedure for restoration of
disturbed land be added to both the S.I.A. and also the Waiver of Rights to Protest.
Add in the Waiver of Rights to Protest where it says - construction and or maintenance of
streets, ect.
AMENDMENTS TO THE LAUREL SUBDIVISION
ORDINANCE TO COMPLY WITH CHANGES
MADE BY THE 1993 STATE LEGISLATURE AND OTHER NEEDED CHANGES
Add new section, 16,08.035: 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.
2. 16.08.130 Director: change the last part from "--four and one-half mile
jurisdictional area." to "--city-county planning board jurisdictional area."
3. Delete section 16.08.260: Occasional Sale.
4. Change section 16.08.390: Subdivision to read as follows:
"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.
Change 16.08.420 to read Tract of Record as follows:
"Tract of Record" means a parcel of land, irrespective of ownership, that can be
identified by legal description, independent of any otter parcel of land, using documents
on file in the records of the County Clerk and Recorder's Office.
6. Change first sentence of 16.12.020(A) to read as follows: The subdivider or
authorized agent shall meet with the City-County Planning representative prior to
submitting the required preliminary plat.
7. 16.12.040(B): change the number of copies required to twenty-four.
8. 16.12.070: Delete all of existing section and insert.-Preliminary Plat Approval--
Public Hearing--Local Government Primary Review Criteria:
(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 of fact 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 fmal plat for the location 40
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 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).
9. Add 16.12.1100: Noxious weed management plan.
10. Add 16.16.012: Low Impact Minor Subdivisions as follows:
A. Low Impact Minor Subdivision Defined: Low Impact Subdivisions are
those subdivisions where:
(1) Only one or two additional lots would be created;
record;
(2) The proposed subdivision is the first division of land from a tract of
is
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(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 16.12. 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
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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:
feet.
(a)
(b)
(c)
(d)
right-of-way width: level terrain-40 feet; hilly terrain--50
for format).
(e)
instruments of conveyance.
road width: 20 feet.
the requirement for all-season access is waived.
access by private easement (see Appendix B to this chapter
standards used must be noted on the final plat and any
(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.
(4) The governing body, at its next regular meeting, makes any changes
to the written findings of fact, and acts to approve, conditionally approve, or disapprove
the subdivision.
11. Add to 16.16.020 and new para "A" to read as follows:
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 for 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".
12. Change first sentence of 16.16.030 (B) 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.
13. Change 16.16.040 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.
14. Add 16.20.030(A)(20): Certification by the County Treasurer that no real
property taxes assessed and levied on the land to be subdivided are delinquent.
15. Add 16.20.030(A)(21): 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.
16. Change first sentence of 16.32.020(I) to read: Irrevocable Letter of Credit. The
subdivider shall provide, from a bank, other reputable institution, or individual subject
approval by the governing body, an irrevocable letter of credit.
17. Add para "I" to 16.44.010 to read as follows: 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.
C35SOD21 Oct93
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