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HomeMy WebLinkAboutCity/County Planning Board Minutes 08.13.1992 I.~UI~£L-¥£LLOWSTO hl£ CITY-COUNTY FLANNING EIOAI D August 13, 1992 The Laurel City-County Planning Board'meeting of August 13, was brought to order at 7:00 p.m. with the following members present: 1992 Larry Thomas, City Rep. Joe Bradley, City Rep. Donna Kilpatrick, City Rep. Lonnie Kellogg, City Rep. Gerald Shay, Member at Large Donald Gudgell, County Rep. Clarence Foos, County Rep. Members absent: Billielou Lance, County Rep. Russell Bray, County Rep. Jim Ziegler, County Rep. John H. Smith, City Rep. Others present: Cai Cumin, City Planner Cheryll Lund, City Secretary Lynette Perkins, 1555 Sage Circle Paul & Mary Elsenpeter, 813 Wyoming William Staudinger, 804 Wyoming Gail Kenson & Jim Halberg, Yellowstone Co. Planning Laurie Parpart, 311 Colorado Jean Voeller, 256 .N. Hamilton, Powell, Wy. Gall & L.D. Collins, 401 Cottonwood Barbara & Frank Voeller, 23~5 Canyon Dr., Billings JoAnn Thomas, 101½ E. Main Keith & Jean Carroll Thompson, 616 6th Ave. Ken Christens, 1710 Groshelle Phyllis Bromgard, 216 Yellowstone Public Hearing- Temp. Parking of R.V.'s on Private Property in Certain Zoning Districts Before the meeting began, Joe Bradley passed out a sheet with 3 proposed options regarding this subject. Proponents spoke: L.D. Collins, 402 Cottonwood: He thinks the first option is the only option that is viable for Laurel. It would work for the Herbstfest, and the churches that could use it. It would also solve the problem of relatives staying in people's driveways. It would also free up the Police Department, they wouldn't have to be chasing down these poor people in mobile homes. It would also work for the flea market. Keith Thompson: He says that this could cause problems for the Herbstfest. He's not sure which Ordinance bans RV's, but we sure have had alot of violations in the last 20 years. If there is such an Ordinance. There was one that appeared to keep trailer houses out of certain zones (he is referring to having read the code book). He is wondering if that is the Ordinance that is causing all of the problems. Joe Bradley stated that there is a list of places that R.Vo'S are and are not allowed. The Herbstfest has been violating that for years, but no one has complained. The problem comes up when someone else wants to do it, and we. say no you can't do it, and they say then why aren't you enforcing it for "these" people. We have to either stop everyone or amend the Ordinance. Keith Thompson: He feels Option ! would work fine. William Staudinger: He feels the first option is good. Paul Elsenpeter spoke on behalf of the Good Sam Club: They park at Riverside Park on occasion. They are planning a fall meet which would involved around 200 trailers. He feels option 1 would be workable. Joe Bradley states that option 2 would also fit his organization. Ken Christens doesn't understand why we even have the Ordinance. He has visited all over the country, and no one has any such Ordinances.that he knows about (in other States). Joe states that we have gotten a complaint, and we have to act on complaints. L.D. Collins states that the people that were complained about were not operating a business out of the RV, but we sleeping in it. Opponents: None. Motion by Joe Bradley, seconded by Lonnie Kellogg, to close the public hearing. Motion carried. Don Gudgell feels that the first option is good. People shouldn't be required to pick up permits every time they want to do something. He feels that this would be an excessive burden on the people, plus to the people in the City offices who would have to process the permits. Also, if there is a complaint filed, someone would have to go act on it. He feels that option 1 is better. He feels that there are too many permits now° Gerald shay feels that he would like to see the City more aware of where these people are. That way if you had someone complain about an RV, we would know how long it has been there. ~! City-County Planning Board meeting of Aug. 13, 1992 ,ns Kilpatrick states that this is how they work Ordinances, & complaint basis. You would still have to wait the 14 days fter the complaint was made. At least if we had a permit, we would know what day they parked the R.V., and would have, a basis to go on. (Gerald Shay) audience member wonders if we can make this Ordinance strictly ~or the Commercial District. Joe wonders how we can make it for one zoning district and not all of the other~. Joe says the problem is whether or not we want to allow this at all, except on a special event b$sis. Fourteen days out of the calendar month would mean people'would have to move in and move out all month. Would that many people want to do that on a regular basis. In theory they could be there 6 months out of the year. Would we all want someone staying in our neighborhood 6 months out of the year in an R.V.? It could be considered a duplex. Me feels that this is the worst possible scenario of this option 1 ordinance, and he wants everyone to realize that. We have zoning designed to protect our areas. He feels that option 1 would blow the whole idea of zoning, but if we are going to allow this, option ] would be the easiest way. Maybe we should change the amount of days. Ca] states that he feels 2 weeks out of the year would cover the Herbstfest, the Good Sam Club, the churches week-ends, and relatives visiting. Joe states that we do have areas designed for travel trailers, mobile homes, etc.. We also have parks designed for travel trailers. He feels that by allowing this Ordinance we are blurring the lines of the zones. Ca/ states that a travel trailer could be in your neighborhood 4 weeks: 2 weeks at the end of one month, and 2 weeks at the beginning of a month legally if we go with option 1. Joe states that these 3 options are not the only ones that can be done. He feels that we need to go ahead and make some kind of an Ordinance to address this issue. This would cover the Herbstfest. Cai thinks that 2 weeks out of a month is rediculous. We would turn Laurel into the biggest RV camp in the United States. Me thinks 2 weeks out of the year would address almost all of the people here tonight. Cal's recommendation is Option ~ but with 2 weeks out of the year. Don Gudgell states that anyone wanting more than 2 weeks could~ come and ask for an extension. Cal said that that would have · to be stipulated in the Ordinance, as to what that extension could be. Cal feels that if you get into letting these people stay any longer than 2 weeks you will start getting into garbage disposal, sewer and water problems. Joe says that what the Board will want to do is draw up a specific ordinance. He feels that we should discuss this more, and put it on the agenda for next time. Lynette Perkins asks whether or not the Herbstfest will be affected by the Ordinance .on the books now? Joe stipulates that No, it will not affect the Herbstfest. L.D. Collins wants to know why we are not addressing the RV on private property issue. We keep,going into the Herbstfest, private property owner, and church issues. When are we going to get to the issue at hand? Also, if the Board is planning to put it at 14 days out of the calendar year, we might as well leave the Ordinance as it stands now. His people come for 2 nights out of the week-end and stay. He pays garbage, water and sewer. So, we don't have to worry about this issues on his property. He also buys a city license for this particular business we are talking about. He is wondering why we won't tell him where the complaint came from. The only complaint that he knew about was Darrell McGillen at City License meeting, where Joe said he would ask Cal about it. So, now we know where the complaint came from. Joe states, yes now we know where the complaint came from. L.D. says that Joe refused to tell him where the complaint came from. Joe says he didn't refuse, he just didn't know. L.D. says we are still talking about a residential vehicle on private property. Joe states that the reason we are discussing this is because L.D. brought it up at the last meeting. L.D. states to Joe that the City can't shut down the R.V. on his property without shutting down the Herbstfest. So, we set this hearing up to discuss L.D.'s concerns. L.D. says we haven't talked about the flea market. We are only talking about non-profit organizations. Joe says that is right, we might still recommend that the Herbstfest be allowed, but his type of operation not be. That is one of the options. Joe says that we are looking at all possibilities because of the problems that L.D. brought up. Page 3 Laurel City-County Planning Board meeting of Aug. 13, 1992 L.D. says that 2 weeks out of the year is not going to solve his problem at all, and that's where this whole problem originated from. He pays for all his garbage sewer and water, and his license fee. Lonnie Kellogg says that this problem just doesn't effect L.D., it effects the Good Sam Club and the Herbstfest. So, the Board has to take them into consideration also. The Ordinances cannot specifically be designed to fit around L.D.'s business, it has to apply to any and all businesses. L.D. wants to know why we are talking about non-profit organizations, they don't have business licenses. Joe states that this is not licensing, it is zoning. L.D. states then we can zone out'all but non-profit organizations? Joe states that yes, we could do that if we want to, that is one of our options. Motion by Larry Thomas, to accept Option #1 as is, except we put on a special permit or special review if its anything other than temporary (Joe states that the motion.will be to draw up motions to that effect), seconded by Donna Kilpatrick. Discussion. Motion carries unanimously. Gail Kenson and Jim Halberg, with the Yellowstone County Planning Board attended the meeting to address the issue of a joint certified local government program. She is here to ask us to participate with the County in the creation of a County-wide Historic Preservation Board. This will enable us to participate in historic building restoration programs. The County will do all of the work, and we will be benefiting from their efforts. Through this they are hoping to economically help the whole County with the tourist industry. Not only will historic buildings be restored, but also historic sites can be established. If Laurel decides not to be involved in this project, the County can still decide which historical projects to embark on. If we do choose to be involved, we will at least have a say in what is done and how, within our community. They feel it would be very important to have a person from Laurel represented on the Board. Cal questions what this will cost for Laurel to participate? Gall states that it will cost nothing to participate. There are matching grants available when they get into the actual restoration. Cal asks whether once the organization starts can it tax the local residents to get funding? Everything that is approved by the board has to go through the local residents before it is approved. The City Council also has a say in this before is approved. it Cal asks the time frame they want for the response for Laurel? The application needs to be complete by March and sent in. So, as soon as possible. Ordinances have to be in place before the application is sent. So, the City Council will have to draw up Ordinances to obligate themselves to actively enforce and participate in historic preservation. Gail has "generic" Ordinances that can be followed almost word for word. The owner does have to consent to historically preserve the home in question. If a neighborhood wants to be historically preserved, it takes 51% of the neighbors to participate to have it go through. This matter will'be put on the September Aqenda. Lots 8-9-10, Block 1 of Laurmac Subdivision amended have requested to be annexed into the City so they can hook up to City services. It is a little island, and should be in the City, but it hasn't been. Cal would like this to be done by advertisement and Public Hearing. He would like the Planning Board to recommend approval of this annexation. Motion by Joe Bradley, seconded by Don Gudgell to recommend to the council that Lots 8-9-10, Block ! of Laurmac Subdivision amended be annexed into the City of Laurel. Motion carried. Motion by Joe Bradley, seconded by Donna Kilpatrick, that the minutes of July 9, 1992 be apDroved, with the correction of the date of Maryland Lane as a major arterial be changed to read 1978 Motion carried. (Note: no change was needed- 1978 was correct) The meeting was adjourned at 8:06 p.m. Respectfully submitted, Cheryll Lund, Secretary _J P.O. BOX 10 PHONE: 628.8791 LAUREL, MONTANA 59044 PLANNING BOARD August 13, 1992 DEPARTMENT PROPOSED AMENDMENTS TO LAUREL MUNICIPAL CODE REGARDING TRAVEL TRAILERS AND RECREATIONAL VEHICLES City of Laurel OPTION 1:- To allow "temporary" parking of occupied recreational vehicles and/or travel trailers (as defined by LMC Section 17.08.1130), upon or within private property in all residential and commercial zones within the Laurel zoning jurisdiction. "Temporary" would be defined as no more than 14 days out of any calendar month, consecutive or cumulative. Amendments would be required to 17.16.010 (table of allowed uses in residential zones) and 17.20.010 (allowed uses in commercial zones). Also, either a new code section stating the same would be added to chapter 17.24 (Mobile Home Districts), or else a whole new chapter would be created in Title 17, dealing exclusively with travel trailers, recreational vehicles and transient travel trailer parks. • OPTION 2: To allow "temporary" parking b special permit only, of occupied recreational vehicles and/or travel trailers as defined by Section 17.08.1130), upon or within private property in all zones. Only recognized non-profit, educational or charitable organizations would qualify for the special permit, and only in connection with a special event; e.g., the Herbstfest or various church sponsored activities. A new chapter under Title 17 would have to be created to implement this option, dealing exclusively with travel trailers and recreational vehicles. The new chapter. would describe the permit application process and specify the types of organizations and activities which would qualify for the permit. "Temporary" could then be limited to a much shorter period, perhaps no more than 14 days per calendar year. OPTION 3: To make no changes in current zoning ordinances regarding travel trailers. Travel trailers and recreational vehicles are now required to utilize existing travel trailer parks in and around the City. Enforcement is had against obvious violations and also on a complaint basis. Non-profit organizations are not allowed any special exemption for travel trailer parking, such as the Herbstfest sponsors in the old North School lot. City of Laurel is an EEO Employer City of Laurel LAUREL, MONTANA 59044 P.O. SOX 10 PLANNING BOARD PHONE: 628$791 DEPARTMENT August 13, 1992 Page 2 Private parking of travel trailers on an irregular basis for short periods of time, such as by visiting relatives at a private residence for a week or so, can not reasonably be curtailed, because such parking is usually not obvious nor are neighbors likely to file complaints. However, the City's inability to prosecute every illegal parking activity under current ordinances does not invalidate the ordinances, nor does it prevent prosecution of the few illegal activities which can be discovered. The City's inability to prosecute every illegally parked travel trailer does not constitute discrimination, nor does it violate equal protection or due process guarantees. Unfortunately, obvious violations like the Herbstfest and various church sponsored events should be stopped. 0 L? City of Laurel is an EEO Employer • ?. State Historic Preservation Office • Montana Historical Society Mailing Address: 225 North Roberts - Helena, MT 5%20-9990 Office Address: 102 Broadway - Helena, MT - (406) 444-7715 June 22, 1992 City Council Members City of Billings P.O. Box 1178 Billings, Montana 59103 County Commissioners Yellowstone County P.O. Box 35000 Billings, Montana 59107 Dear Council Members and County Commissioners: YELLOWS-DNE C^U?ITY .RECIEIV JUN 2 3 1992 Over the past several months our office has been working with several people in Billings and Yellowstone County regarding a city-county certified local government (CLG) program for historic preservation. Fred Alley, Bill Armold, Gail Kenson, Lucille Mills, and Judy McNally have all been active in pursuing certification. This office is on record as supporting the formation of a city-county certified local gayrrnment for Billings- Yellowstone County. There are currently eleven certified local governments in Montana. Of those, three are combined city- county entities (Butte-Silver Bow, Helena-Lewis and Clark, Great Falls-Cascade County). While we are happy to certify either city or county entities, our federal funding has been so limited that we are only able to fund one in a county. If Billings and Yellowstone County wish to be separate CLGs we would be able to certify both, assuming they both meet the criteria, but would fund them together. Therefore, it seems the most logical at this point to work jointly on certification. There is a wide variety of degree of activity and involvement around the state. The most effective CLGs have been able to hire a local preservation officer, either on a half-time or full-time basis. Some of these are attached to planning or community development offices. Other communities have volunteer preservation officers but those communities aren't usually able to accomplish as much. Because this is a government program we expect the staff to be part of the local government. With a paid staff position in the local government, you will gain some benefits by. .having a consistent contact point for the public to ask questions or request written information. .having a constant contact point for the SHPO to provide information, request information. .having a repository for property inventory forms, site forms, literature, etc. .having regular contact between the local preservation officer and other local government offices. 0 While there are certainly exceptions, things can fade away with volunteers leading programs, given the understandable dilemma of time constraints placed upon those few who do so much in a community. We will continue to work with each of the people that we've been dealing with from the Billings/Yellowstone County area to answer questions and request information as necessary. Well also be very happy to work with each or any of you and hope you'll feel free to call this office with questions. I have also spoken with Bill Armold about setting up a meeting with representatives from Billings and from this office. I'll be anxious to meet with some of you at that time. Sincerely, Patricia McLaughlin CLG Program Officer oc. Bill Armold, Gail Kenson, Yellowstone County Planning Office Fred Alley, Development Services, City of Billings Lucille Mills Judy McNally , 0 11 THE CERTIFIED LOCAL GOVERNMENT PROGRAM IN MONTANA 1. Purpose The Certified Local Government program is designed to promote the preservation of historic and prehistoric sites, structures, objects, buildings, and historic districts by establishing a partnership between the local governments and the Montana State Historic Preservation Officer (SHPO) that will encourage and expand local involvement in preservation issues. Such partnerships will help to assure that: * historic preservation issues are understood and addressed at the local level and are integrated into the local planning and decision-making processes at the earliest possible opportunity; * local interests and concerns are integrated into the identification, evaluation, nomination, and protection process of the Montana Historic Preservation Office; * information concerning local historic preservation issues is provided to the Montana Historic Preservation Office and to the public; * local historic preservation review commissions are established in cities and towns where they do not exist and are reorganized, if necessary, where they already exist; * existing historic, architectural, and prehistoric inventory information is made available to communities to use in identifying and defining community and neighborhood development and f? conservation goals; * expertise in historic preservation is identified and available on a local level and to assist local government in developing and implementing a locally developed historic preservation plan. By participating in the identification, evaluation, and protection of historic resources within the area of their jurisdiction, Certified Local Governments will: * ensure local presence of leadership in the preservation of the community's historic and prehistoric resources; * have a formal role in the National Register nomination review process and in seeking public input into decisions regarding the nomination of properties; * be eligible to apply for grants from a restricted fund whenever such funds are available; * participate in the establishment of regional and State preservation plans; * receive technical and advisory services from the Montana State Historic Preservation Office. 0 YELLOWSTONE COUNTY BOARD OF PLANNING 0 July 15, 1992 4TH FLOOR, LIBRARY BUILDING • 510 N. 28TH Ma BOX 1178 • BILLINGS. MONTANA 59103 PHONE: 14061657-8246 To: Cal Cumin, Laurel Planning Advisor Through: Bill Armold, Director, Yellowstone County Board of Planning From: Gail Kenso`,"Long Range Planner Subject: Certified Local Government (CLG) status for all municipalities and Yellowstone County historic preservation Thank you for your time in discussing Laurel's possible participation in the Certified Local Government Program. Enclosed is the following information on CLG's as we discussed during our phone conversation on July 9th: 1. "The CLG Program in Montana" as provided by the State Historic Preservation Office. 2. Draft copies of the City-County Joint-Resolution and Interlocal Agreement for a joint CLG between Billings and Yellowstone County. 3. The recommendation from SHPO for a joint or County-- wide CLG. 4. Yellowstone County Comprehensive Plan, Historic Preservation Element. Our office has received approval from the Yellowstone County Board of Planning, the Yellowstone County Commissioners, the Billings City Council and the Billings Historic Preservation Board to proceed with the application process for a joint CLG program. We would very much like to have Laurel's approval as well to make this County-wide project successful. A new Preservation Board will be formed as a result of receiving CLG status. This.Board will comply with SHPO standards as outlined in the enclosed information. The Laurel City Council will have input in the selection of members for this Board. As a part of the CLG application, a historic preservation ordinance is required to be incorporated into local zoning SERVING BILLINGS, BROADVIEW AND YELLOWSTONE COUNTY I ordinances. This will a County and pply to the City of Billin s Laurel, if Laurel decides to g Yellowstone Our office will participate. include ll request approval from the Laurel in this application. Laurel City In the Laurel Pn thi We will forward this request s recommendation to the Mayor dand City may forward their request request will be sent to you. Y Council. A cOPY of the The advantages of including all municipalities in this process - stronger support for economic develo County/Regional wide tourism as Pment and unified historic preservation ro result of a a broader base for p gram; strong, ` the ade matching funding; SHPO funding does not increase with the CLGs in the County becau4e SHPO allocates funding of - County-wide basis, not on a savings an individual C ding on a in time and cost that would occur from s, the preparation of a consolidated applicatio should you have n- contact Jim Halbert questions or comments, g or myself at 657-8246. please feel free to cc: Lucille Mills Billings Historic Preservation Preservation Board 0 11 VEL LOWS ONE COo M[I?T1 Y BOARD OF PLANNING 4TH FLOOR. LIBRARY 9UILUING - 5f0 N. 28TH Px?- Box 1178 ' BILLINGS. MONTANA 59103 PHONE: 14061657-8246 To: Honorable Mayor, City Council and Planning Board Members Through: Bill Armold Yellowstone County Planning Director From: Gail KensoV lanner II, Jim Halberg, Planner I/? Date: July-15, 1992 Re: Joint Certified Local Government (CLG) Program Recommendation: To approve in concept the creation of a County-wide Historic Preservation Board including the City of Laurel and other jurisdictions (Billings and Broadview) in Yellowstone County. To also approve the County Planning Department proceeding with the preparation of this multi-jurisdictional CLG application to be submitted to the Montana State Historic Preservation Office (SHPO) for approval. Background: Within the Historic Preservation Element County Comprehensive Plan, (enclosed) the promoting the coordination of historic through one consolidated office or agency. also identified the need to secure funding through the CLG program. of the 1990 Yellowstone need was identified for preservation activities The Comprehensive Plan for preservation efforts In discussions on prioritizing goals contained within the Comprehensive Plan, the CLG program was endorsed by both Billings and the county as a project which would support those priority goals-namely, sustainable economic growth. The Planning Department, with strong support from SHPO, is now prepared to undertake the necessary work to create a joint County-wide Preservation Board, and to achieve CLG status. At its meeting of June 16, 1992, the Billings Historic Preservation Board voted unanimously to request City and County support for a joint application for CLG status and to investigate the potential interest of Laurel and Broadview to also participate in this proposal. The joint application will: -demonstrate strong unified local support for historic preservation; -eliminate duplication of efforts, thereby saving time and money; -create a coordinated preservation effort for the entire . region; SERVING BILLINGS, BROADVIEW AND YELLOWSTONE COUNTY It should be pointed out that this is not a request for funding, nor is it a request for future funding commitments for this program. About the CLG Program` The Certified Local Government program is designed to promote the preservation of historic and prehistoric sites, structures, objects, buildings and historic districts by establishing a partnership between the local governments and the Montana State Historic Preservation Office that will expand local involvement in preservation issues. Achieving Certified Local Government status will allow Billings and Yellowstone County to identify, evaluate and protect historic resources by: -pursuing financial support from earmarked funds for preservation efforts; -ensure local presence of leadership in the preservation of Billings and Yellowstone County historic sites; -participate in the establishment of regional and state preservation plans; -receive technical and professional services from the Montana State Historic Preservation Office.. Improving local preservation efforts through the CLG process will help Billings and Yellowstone County maintain, and further develop, historic areas. These efforts add to the overall character and quality of the region, creating a special environment for both residents and visitors. cc. Lucille Mills, Chairperson, Billings Historic Preservation Board Cal Cumin, Laurel Planning Advisor F_ L-1 L-