HomeMy WebLinkAboutCity/County Planning Board Minutes 01.09.2014 MINUTES
LAUREL CITY - COUNTY PLANNING BOARD
January 9, 2014 6:00 pm
COUNCIL CHAMBERS
MEMBERS PRESENT: Kathy Siegrist, Chairman
Dan Koch, City Rep.
Judy Goldsby, County Rep.
Hazel Klein, City Rep.
Greg Nelson, Member -at -Large
John VanAken, County Rep.
OTHERS PRESENT: Monica Plecker, City Planner
Cheryl) Lund, City Secretary
Gary Colley, Building Official
Richard Herr
CALL TO ORDER: Chairman Kathy Siegrist called the meeting to order at 6:00 pm.
ROLL CALL: A roll call was taken. Members present were Koch, Goldsby, Klein, VanAken, Nelson and
Siegrist.
PUBLIC COMMENT:
Citizens may address the Board regarding any item of City business not on the agenda. The duration for
an individual speaking under Public Input is limited to three minutes. While all comments are welcome,
the Board will not take action on any item not on the agenda.
No one from the public spoke.
APPROVAL OF MINUTES FROM PREVIOUS MEETING: A motion was made by Dan Koch and seconded
by Judy Goldsby to approve the minutes of the December 5, 2013 meeting. The motion was passed by a
vote of 6 — 0.
A motion was made by Judy Goldsby and seconded by John VanAken to add the election of a
Chairperson to the agenda as item #b under Miscellaneous. The motion was passed by a vote of 6 — 0.
NEW BUSINESS: Discussion on L.M.C. 17.48.050 Fence Heights
Building Official Gary Colley spoke on L.M.C. 17.48.050 Fence Ordinances. After working with the
current code he and his staff have found the code to be confusing and not as clearly spelled out as it
could be.
The recommendation is to delete L.M.C. 17.48.050 and replace it as follows:
1
L.M.C. 17.48.050.
A. Fences, walls and hedges may be erected or maintained in any zoning district provided the
height, setback and material provisions outlined below are followed and a permit is secured as
per L.M.C. 15.20. "Fence" for the purposes of this section means any fence, wall or hedge. No
fence shall be erected or maintained in the public right -of -way, closer than one (1) foot from a
sidewalk or six (6) inches from property line.
B. Height. Height for the purposes of this section shall be defined as the vertical distance from the
top rail, board or wire to the ground directly below.
C. Setbacks required. Fences, walls and hedges of up to four (4) feet may be erected or maintained
in the required front yard and side yard adjacent to street setback as defined in L.M.C.
17.16.020 and 17.20.020. Fences, walls and hedges up to six (6) feet may be erected or
maintained in rear yard and side yard not adjacent to the street, except as noted in section D.
Any fence, wall or hedge in excess of six (6) feet shall meet all of the yard setback requirements
for structures as defined in L.M.C. 17.16.020 and 17.20.020. None of the above setback
requirements shall apply to lands located in AG, CBD, CC, HC, LI and HI zones.
D. Side yard adjacent to street fences. If the property abuts an alley the rear yard fence may be
erected and maintained up to six (6) feet from the rear of the dwelling to the alley. Clear vision
at the alley shall apply.
E. Setbacks for clear vision areas. No fence, wall or hedged greater than thirty (30) inches may be
erected or maintained in any zoning district within a clear vision zone as defined by City of
Laurel Resolution No. R03 -63.
F. Material permitted. All fences in residential, agricultural and commercial zoning districts shall
be constructed from materials which are commonly used for fencing. Commonly used fence
materials include wood, brick, stone, split railing, wire, vinyl, and ornamental iron work. In HI
and LI zones fences may be constructed of finished or coated steel or aluminum building panels.
Fences shall not be constructed from railroad ties, wooden pallets, tires, rubble or salvaged
material. Materials not listed are subject to special review by the City Planning Board.
G. Material exception — barbed wire and electric fence. In the city limits no barbed wire and
electrical fencing shall be allowed in residential zoning districts. Barbed wire and electrical
fencing shall be allowed in AG and RT zoning districts. Electrically charged fencing along any
public way shall be posted with warning signs or fluorescent marking at intervals not to exceed
one hundred fifty (150) feet.
H. Security fences. In AG, CBD, CC, HC, LI and HI zones security fences may maintain a barbed wire
fence on top of a non - barbed wire fence as long as the lowest strand of barbed wire is eight (8)
feet above grade.
I. Miscellaneous exceptions. These provisions shall not apply to fences required to surround and
enclose existing junk yards and public utility installations or to enclose school ground and public
playgrounds.
J. Penalties. Any person violating a provision of this chapter may, upon conviction thereof, be
punished as set forth in Section 1.36.010 of this code.
Gary talked about the clear vision drawings and diagrams that are attached to Resolution No. R03 -63.
The clear vision triangle addresses safety for both vehicle and foot traffic.
After a discussion on all items the board recommended that an amendment be added to allow four (4)
foot high chain link on a corner as long as it has 90% visibility.
2
A public hearing on recommended changes to L.M.C. 17.48.050 will be held at the next Planning Board
meeting on February 6, 2014.
New Business: Election of Planning Board Chairman
A motion was made by John VanAken and seconded by Hazel Klein to nominate Kathy Siegrist for
Chairman. The motion was passed by a vote of 6 -0.
A motion was made by Dan Koch and seconded by Greg Nelson to nominate Judy Goldsby as Vice -
Chairman. The motion passed by a vote of 6 — 0.
Old Business:
a. Monica informed the board that the city council's decision on the Zimmerman variance has
been postponed until April.
b. The Growth Management Plan was printed with the help of a grant from the Association of
Realtors. Due to the high cost of printing the GMP the City will check out a (numbered) copy
to all board members at the February 6, 2014 meeting. When a board member is no longer
on the board they will be required to check it back in to the City.
Miscellaneous:
The next meeting will be February 6, 2014.
A motion was made by Dan Koch and seconded by Judy Goldsby to adjourn the meeting. The motion
was passed by a vote of 6 -0. The meeting was adjourned at 7:00 pm.
Respectfully submitted,
Chery Lund, Secretary
3
CITY HALL City Of L
115 West 1s` Street ! i lF,
Public Works: 628 4796 P. Q, Box 10 41-fttiV
FAX: 628-2241 Laurel Montana 59044
Water Office: 628 -7431 LIAR*
January 2, 2014
TO: Laurel City- County Planning Board
FROM: Gary Colley, Building Official
RE: Fence Ordinance
Delete entire Section 17.48.050
Insert Section 17.48.050 as follows:
17.48.50 Fences, walls and hedges.
A. Fences, walls and hedges may be erected or maintained in any zoning district
provided the height, setback , and material provisions outlined below are followed
and a permit is secured as per Laurel Municipal Code Chapter 15.20. "Fence" for
the purposes of this section means any fence, wall or hedge. No fence shall be
erected or maintained in the public right -of -way, closer than one (1) foot from a
sidewalk or six (6) inches from property line.
B. Height. Height for the purposes of this section shall be defined as the vertical
distance from the top rail, board or wire to the ground directly below.
C. Setbacks required. Fences, walls and hedges of up to four (4) feet may be erected
or maintained in the required front yard and side yard adjacent to street setback as
defined in LMC sections 17.16.020 and 17.20.020. Fences, walls and hedges up to
six (6) feet may be erected or maintained in rear yard and side yard not adjacent to
street, except as noted in section D. Any fence, wall or hedge in excess of six (6)
feet shall meet all of the yard setback requirements for structures as defined in
LMC sections 17.16.020 and 17.20.020. None of the above setback requirements
shall apply to lands located in AG, CBD, CC, HC, LI, and HI zones.
D. Side yard adjacent to street fences. If the property abuts an alley the rear yard
fence may be erected and maintained up to six feet (6) from the rear of the dwelling
to the alley. Clear vision at alley shall apply.
E. Setbacks for clear vision areas. No fence, wall or hedge greater than thirty (30)
inches may be erected or maintained in any zoning district within a clear vision
zone as defined by City of Laurel Resolution No. R03 -63.
F. Material permitted. All fences in residential, agricultural and commercial zoning
districts shall be constructed from materials which are commonly used for fencing.
Commonly used fence materials include wood, brick, stone, split railing, wire,
vinyl, and ornamental iron work. In HI and LI zones fences may be constructed of
finished or coated steel or aluminum building panels. Fences shall not be
constructed from railroad ties, wooden pallets, tires, rubble or salvaged material.
Materials not listed are subject to special review by the city planning group.
G. Material exception - Barbed wire and electric fence. In the city limits no barbed
wire or electrical fencing shall be permitted in residential zoning districts. Barbed
wire and electrical fencing shall be allowed in AG and RT zoning districts.
Electrically charged fencing along any public way shall be posted with warning
signs or fluorescent marking at intervals not to exceed one hundred fifty (150) feet.
H. Security fences. In AG, CBD, CC, HC, LI, and HI zones security fences may
maintain a barbed wire fence on top of a non - barbed wire fence as long as the
lowest strand of barbed wire is eight (8) feet above grade.
I. Miscellaneous exceptions. These provisions shall not apply to fences required to
surround and enclose existing junk yards and public utility installations or to
enclose school ground and public playgrounds.
J. Penalties. Any person violating a provision of this chapter may, upon conviction
thereof, be punished as set forth in Section 1.36.010 of this code.
RESOLUTION NO. R03 -63
A RESOLUTION UPDATING THE RULES AND REGULATIONS
GOVERNING UTILITY SERVICES AND STREETS
rN THE CITY OF LAUREL.
WHEREAS, the City of Laurel adopted Rules and Regulations Governing Utility
Services and Streets; and
WHEREAS, Section 7, Obstructions and Encroachments, did not contain language
to address local variations on clear vision for intersections; and
WHEREAS, Section 7, Obstructions and Encroachments, did not contain language
on tree height clearance above sidewalks and streets; and
WHEREAS, Section 9, Obstructions and Encroachments 9.1, contained language
that was not clear.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Laurel, Montana,
That the Council adopts the changes, as attached, for the Rules and Regulations
Governing Utility Services and Streets in the City of Laurel.
Introduced at a regular meeting of the City Council on July 1, 2003, by Alderman
Olson
PASSED and APPROVED by the City Council of the City of Laurel this 1 day of
July, 2003.
APPROVED by the Mayor this 1 day of July, 2003.
CI OF LAUREL
4'
Jo ' E. J. 4 , son, Jr./ ayor
ATTEST:
A Z Adi f j ,
Mary K. � mbleton, Clerk- Treasurer
Approved as to form:
Mark Anderson, Ci Attorney
Division 2 — Streets
7 OBSTRUCTIONS AND ENCROACHMENTS
7.12 Clear Vision Triangle
7.12.1 Alleys: A clear vision triangle shall measure ten (10) feet into the lot and twenty
(20) feet parallel to the street as measured from the property line comer. Any
fence, wall, signs, plant material or other material shall provide an unobstructed
cross - visibility at a level between 3 feet and 8 feet above street surface elevation.
Trees having over eight (8) feet of clear trunk as measured from the surface
elevation with limbs and foliage trimmed in such a manner as not to extend into
the cross - visibility area and complying with section 7.2.3 are permitted in the
clear vision triangle.
7.12.2 Commercial Zoned Driveway Approaches: A clear vision triangle shall measure
ten (10) feet into the lot and twenty (20) feet parallel to the street as measured
from the property line corner. Any fence, wall, signs, plant material or other
material shall provide an unobstructed cross - visibility at a level between 3 feet
and 8 feet above street surface elevation. Trees having over eight (8) feet of clear
trunk as measured from the surface elevation with limbs and foliage trimmed in
such a manner as not to extend into the cross - visibility area and complying with
section 7.2.3 are permitted in the clear vision triangle.
' 7.12.3 Controlled Intersections (stop sign or traffic signal): A clear vision triangle shall
measure twenty -five (25) feet in both directions as measured from the property
line comer. Any fence, wall, signs, plant material or other material shall provide
an unobstructed cross - visibility at a level between 3 feet and 8 feet above street
surface elevation. Trees having over eight (8) feet of clear trunk as measured from
the surface elevation with limbs and foliage trimmed in such a manner as not to
extend into the cross - visibility area and complying with section 7.2.3 are
permitted in the clear vision triangle.
7.12.4 Uncontrolled Intersections: A clear vision triangle shall measure one hundred ten
(110) feet in both directions as measured from the intersection of the centerlines
in the adjoining street intersection. Any fence, wall, signs, plant material or other
material shall provide an unobstructed cross - visibility at a Ievel between 3 feet
and 8 feet above street surface elevation. Trees having over eight (8) feet of clear
trunk as measured from the surface elevation with limbs and foliage trimmed in
such a manner as not to extend into the cross - visibility area and complying with
section 7.2.3 are permitted in the clear vision triangle.
7.12.5 Vehicles shall not be parked in the public right -of way so as to obstruct the line of
site created by the clear vision triangle. In the Central Business District vehicles
shall not be parked in the public right -of -way so as to obstruct the maximum
symmetrical line of site resulting from the allowable zero building setback from
the property line or as per Montana Department of Transportation standards
where applicable.
7.12.6 The portion of the city zoned and commercially occupied as Central Business
District is exempt from the requirements of sections 7.12.1, 7.12.2, 7.12.3, and
7.12.4.
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15.20.010
Chapter 15.20 owner, specifying the nonconformity and re-
quire the owner to correct the same, as di-
FENCE PERMITS rected by the building inspector.
C. Any person violating a provision of this
Sections: chapter may, upon conviction thereof, be pun -
15.20.010 Permit required— ished as set forth in Section 1.36.010 of this
Application and code. (Ord. 05 -15 (part), 2005)
investigation —Fees.
15.20.020 Enforcement —
Violation— Penalty.
15.20.010 Permit required —
Application and
investigation —Fees.
A. No person shall erect, construct,
enlarge or replace any fence until a fence
permit for such work has been issued by the
building department. No such permit shall be
valid unless the proposed work is in compli-
ance with all other applicable provisions of
this code.
B. Whenever any work for which a fence
permit is required hereunder has been com-
menced without first obtaining the permit,
then the building inspector may conduct a
special investigation before a permit may be
issued for such work.
C. Whenever special investigation is re-
quired hereunder, both an investigation fee
and the application permit fee shall be paid as
established by annual city council resolution
after a public hearing. (Ord. 07 -06 (part),
2007; Ord. 05 -15 (part), 2005)
15.20.020 Enforcement— Violation—
Penalty.
A. This chapter shall be enforced by the
building inspector or his assistants.
B. If on inspection, the condition or
placement of a fence is found not to comply
with the requirements of this code, the build-
ing inspector shall issue written notice to the
291 (Laurel Supp. No. 6, 4 -08)