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Home My WebLink AboutCity/County Planning Board Minutes 12.04.2014 MINUTES LAUREL CITY-COUNTY PLANNING BOARD December 4, 2014 10:00 am City Hall MEMBERS PRESENT: Kathy Siegrist, Chairman Dan Koch, City Rep. Dick Fritzler, County Rep. Judy Goldsby, County Rep. Lee Richardson, County Rep. Shirley McDermott, City Rep. Hazel Klein, City Rep. Greg Nelson, Member-at-Large OTHERS PRESENT: Monica Plecker, Planning Director Cheryll Lund, City Secretary Richard Herr Travis Lance, 1430 Lance Lane Stephen Lance, 1442 Lance Lane Call to Order: Chairman Siegrist called the meeting to order at 10:00 am. Roll Call: Koch, Fritzler, Goldsby, Richardson, McDermott, Klein, Nelson and Siegrist were present. Approval of Minutes from previous meeting: A motion to approve the minutes of the November 6, 2014 meeting was made by Judy Goldsby and seconded by Greg Nelson. The motion carried by a vote of 7-0. New Business: Public Hearing—Special Review, 1323 Thiel Road—Outside Storage Chairman Siegrist opened the public hearing and asked staff to present the application. Planning Director Monica Plecker spoke regarding the application for special review. The property owner is Nathan Zito and the affected property is located at 1323 Thiel Road in Yellowstone County. A majority of the parcel is zoned Highway Commercial with a small portion in the SE corner of the parcel unzoned. The property is not within the city limits of Laurel but is within the 1 mile zoning jurisdiction. The applicant is requesting a special review for the outside storage of construction equipment and materials. The property is legally described as GLOBAL Sub (09), S22,T02 S, R24 E, Block 1, Lot 1. 1 The parcel is 23.558 acres with the existing land use being overwhelmingly vacant and the proposed land use being open storage of construction equipment and materials. The existing zone is Highway Commercial except for a small unzoned SE corner of the property. Highway Commercial zoning does allow offices but does not allow open storage of equipment and materials. Currently land to the north of the property consists of Riverside Park which is zoned public. Land to the south is an equine facility, a meat processing plant and several residential properties. All are unzoned. Land to the west consists of assorted businesses: Fat Fender Freddie's, Sweetheart Bread, and a meat processing plant which are located in highway commercial zoning. Land to the east is all residential and unzoned. The open storage of construction materials and equipment has been proposed. The application, a general site plan, and list of equipment, and supplemental information are attached to this report. Only the eastern portion of the property is proposed for the open storage of materials and equipment. Staff has studied the application with reference to its appropriateness and effect on existing and proposed land use, and references to the comprehensive plan. With the adjacent land uses, it appears this would be an appropriate use of the property. In consulting with the Public Works Department they feel that Riverside Park will not be affected as the park has its own natural buffer zone. Thiel Road provides adequate access to service a business of this nature. The advertising requirements of LMC 17.68.030 C-E have been met. (1) Prior to the board recommending approval of a special review application LMC 17.68.040 states the application: 1. Complies with all requirements of this section; 2. Is consistent with the objectives and purposes of this title and the Laurel Comprehensive Planning Process; 3. Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects; 4. Further the zoning commission shall consider and may impose modifications or conditions concerning, but not limited to the following: a. Street and road capacity, b. Ingress and egress to adjoin streets, c. Off-street parking, d. Fencing, screening and landscaping, e. Building bulk and location f. Usable open space, g. Signs and lighting. 2 (2) As per LMC 17.68.040 the Zoning Commission shall make a recommendation to the Governing Body to: 1. Grant the application for special review; 2. Deny the application; 3. Delay action on the application for a period not to exceed thirty days; or 4. Grant the application subject to conditions and recommendations and give the reasons thereof. If the Planning Board recommends approval of the Special Review,the following conditions are suggested by staff: 1. Property shall be kept free of noxious weeds. 2. Any proposed buildings shall conform to the setbacks identified in LMC 17.10.020. PROPONENTS: Chairman Siegrist read the rules for public hearing into the record. Chairman Siegrist asked 3 times if there were any proponents in favor of the applicant wishing to speak. There were none. Applicant Nathan Zito was not present for the meeting. OPPONENTS: Chairman Siegrist asked if there were any opponents wishing to speak in opposition of the application. Stephen Lance, 1442 Lance Lane, spoke. He stated he would like to know the types of things that will be stored on the property and if they could contaminate the ground water. He is concerned that they could store anything they wanted to on the unzoned parcel and also asked about how it will fit within the floodplain it is in. Travis Lance, 1430 Lance Lane, spoke. He is also concerned with the types of equipment that will be stored and the leaching effect it could have on the groundwater if oil or diesel were to spill. He has done engineering in the area with groundwater and how it moves. According to that underground movement his property is downstream from this property. He is also concerned with any noise or noxious odor that could affect his property because of the proposed asphalt business in the summer months. Because of the proposed tanks to be stored on the property he is concerned that they will not be up to code. He is also concerned about the unsightly equipment being stored as well as the storage of unnamed asphalt products that could become a concern. 3 Chairman Siegrist asked 2 more times if there were any other proponents wishing to speak in opposition of the application. There were none. Chairman Siegrist read a letter of opposition from owner F.Jay Downing, General Manager Rachael R. Knaub and 22 customers. The letter stated that they feel the proposal for the outside storage of construction materials and equipment will adversely affect the present and future atmosphere/allure of their business and its future plans and are opposed to the proposal. Chairman Siegrist asked Monica to make comment on some of the questions that were asked by the opponents. Monica stated in regards to the question on groundwater contamination in the floodplain she only has jurisdiction within the city limits of Laurel. She stated that if the board felt this is information they need before being able to make an informed decision the board could recommend delay of the application that would then allow her to work with Tim Miller who is the Yellowstone County floodplain administrator in determining what the floodplain issues are on the property. Monica stated there was a question regarding the types of equipment and asphalt plant machinery and all she can do is refer to the list of equipment she was provided by the applicant. She can say that during the process the applicant never talked about processing asphalt. All that has been talked is storage of equipment. Monica went on to say that this property will have to follow all of the codes set by Yellowstone County as far as floodplain, environmental, safe storage, and nuisance/rubbish issues. And all applicable state codes. She will look into what can or cannot be done regarding noise and noxious odors. At this time Chairman Siegrist closed the public hearing. Discussion: Shirley McDermott asked for clarification of what piece of the property they are asking for open storage of equipment and materials. Monica stated that the entire property is under special review for open storage of equipment and materials. A motion was made by Judy Goldsby, and seconded by Shirley McDermott to delay the decision on the special review application until Tuesday, December 16, 2014 at 10:00 am to give staff time to get more clarification and more specific details from other entities regarding floodplain area, environmental issues, and questions on what types of materials the application proposes to store on the property. 4 Dick Fritzler asked who has the authority in regards to fencing and landscaping. Monica added that under LMC 17.68.040 the zoning commission is allowed to impose modifications or conditions related to: a. Street and road capacity, b. Ingress and egress to adjoin streets, c. Off-street parking, d. Fencing, screening and landscaping, e. Building bulk and location f. Usable open space, g. Signs and lighting. Monica encouraged the board to think about the conditions they would like to see put on this property. Hazel Klein stated that there are several residents out in the same area who have brought up concerns regarding this property and the board is wise to delay this application until they can look into those concerns. She suggested the board follow Monica's lead regarding putting conditions on the property so that those residents' property values can be protected. Judy Goldsby is concerned with the fuel tank the applicant is proposing to store on the property in regards to the proximity of this property to Yellowstone River. Dick Fritzler asked what process will be done in regards to the possibility of some chemicals leaching into the ground. Monica stated that there are regulations within the floodplain regarding what can and can't be stored within a floodplain. She will have to talk to the county to get answers. At this time the vote on the motion was taken and passed unanimously by a vote of 7—0. There will be a special Planning Board meeting held on Tuesday, December 16, 2014 at 10:00 am to revisit the Special Review for 1323 Thiel Road and make a recommendation. Old Business: Design Standards Chairman Siegrist stated that the Design Standards are far from being done and still contain many errors and missing sentences. After a discussion with city staff it has been decided that Planning Director Monica Plecker will take on the project of rewriting the Design Standards. Monica stated that she will focus on the downtown area and will add 2 more chapters which will separate the commercial downtown district from the commercial district on SE Fourth 5 Street as there are obvious differences in the two districts. She also has plans to add some language on non-conforming use. Hazel Klein suggested that signage be looked at as some signs in the commercial downtown district can be considered landmarks due to their longevity. Monica stated that she plans to look at the signage in both commercial districts. She also plans to have both the City Attorney and the Building official involved in the rewrite. Monica hopes to have a draft before the board at the January 8, 2015 meeting and then hold a public hearing on the draft at the February 2015 meeting. Miscellaneous: Next meeting January 8, 2015. At the January 8, 2015 meeting Board officers will be elected. There are no applications needing to be reviewed in January but future applications coming before the board are: 1. Zone Change applications—CHS Expansion project; 2. Zone Change for Phase 2 of Iron Horse Subdivision. At this time Nathan Zito, applicant for the Special Review for 1323 Thiel Road arrived at the meeting. He apologized for being late to the meeting. Public Comment on non-agenda topics:There were none. Chairman Siegrist told Mr. Zito that due to board rules and regulations he could not speak during public comment on an item that was on tonight's agenda. Motion to Adjourn: A motion to adjourn was made by Judy Goldsby and seconded by Dan Koch. The motion carried by a vote of 7-0. The meeting was adjourned at 11:20 am. Respectfully submitted, Cheryl und, Secretary 6 The undersigned as owner or agent of the following described property request a Special Review as outlined in the City Zoning Ordinance: Legal Description:bo f/� � 1 � 0441 y�j/' .i - 617 '( � J / .' General Description(Address): /8 2—5 ! i /c:I I( C.44,4-4--ett .. I ATTACH MAP SHOWING DIMENSIONS,ACREAGE AND LOCATION OF TRACT: Owner of Tract: Ali Ill,114..) 2./7/49 Mailing Addresi: )(iG d�.;� Ave, (,1 (1,1L. s Prn l .5-5/O�', Phone Number: `7 D 6 g60 2)/6' 7 Attach site plan: Time Schedule for Development(Please describe below): <- ,./r7/fit, '2-O 4/$-I,t' 7"i t 7 0'1 0 (^. J D...,r... Special Review Requested(Please describe below): / G h 5�i'�e ..., ,., Cs, -cc...<. `^r 6r �:�...._. //l, 4,rl.«:/ 1,11 ,y.,, � �G•��•a.11i.J t''� CV' 5 lit .v,e,, (/-1tLi'--c . 4-('7/ ""t; I understand that the filing fee accompanying this application is not refundable and payment of application fee does not guarantee approval of the above request. Petitioners Signature: Fee Paid and Date: : 1 _ (1l3/01 y?.41.:4-.'1''14:„.."':-' 1'�<--Iii. -,.. Yk`ai j 1.4 r-ilk 41 1 f1,1"::,. '.:14;"'7,:"..'''lt '- ".,- '''''',-',-*:;,,,.'=.--,1:' '''''-'-4'.---* ,.,,„, ,. '''-,„. *- 4,. ___.,;:'!.'-',,t7--,,: t.-:,,,.41,... , . .04 , .'-i.,,,„i„.__,.: --11-4;r4414, " ' ..---.1001---..-- x,-1" '.',,',,-_,-,;1;!..t.:-;'-',..;-A-.-„,:,''-'., ,-4,jt, ' IT"'..' '' 1.14. ' 11-.'''''' ,'.4.44%. [4'.:11";',. - ' -'-,• te . ... * _ � i TJ s 'V` ' -,a- „ s �,g1"--- . ..,> u ' - ,a " IC ' ,...--- . ...... ,...to,.. .. ..:,- 5 a . ,K -*.,Ansa � —,'p's..r a€> w- j—, r t.fi she to 1 y m x a- • :1 is 0 w -.1 14 -} • - ro n N a IT N ID L. ° 373 m 05 3 NO 00 O" 5 q 3 w — a -v ' 3 ' = w o < dri° N of c 11131).1 ro Q O t • x -1 -i 111 O 0 0 43 r 3 w r, o -o ' ° m ro m 3 ° — F ro ro r, • m I 9 C N J, O ro R 0 E-1 S'- �. .70 0 0 01. ... 1"I rC 0 M 1.. AlFigkes The Asphalt Specialists PoBox 80371 Billings MT 59108 (406)860-0169 Fax (406)534-0185 nzito@zandzasphalt.com To Whom It May Concern: Z&Z has recently purchased a property at 1323 Thiel Rd. It is currently zoned highway commercial but requires a special review in order to store construction equipment and materials outdoors. The following is a list of pertanant details: -Z&Z is an asphalt and concrete maintenance company. -Current equipment list is attached to this document. -Most materials that we would store here are palletized and wrapped with shrink wrap. -We plan on building a shop in the spring of 2015. -Attached is an approximate location of the shop and storage areas. -Prior to purchasing the property I talked to all the neighbors and no one foresaw a problem with the outside storage. Sincerely, Nathan Zito President Z&Z Asphalt Z&Z Seal Coating, Inc Equipment List and Values Jun-14 Non Transportation Equipment Flagger Radios Airport Radios x2 Electric Sighn Board Sighns and Stands includes 2 arrow boards Billygoat blower Blower Honda blower Grazer Air compressor x2 550 gal tank Push crack filler Push crack filler 100 gal crakfiller Wacker Vibraplate tools Graco line lazer Heat Lancex2 Cimline PCR-25 router Clmline PCR-25 router Cimline PCR-25 router Cimline PCR-25 router Cimline PCR-25 router Cimline PCR-25 router Cimline PCR-30 router Bocat broom 84" Skid Steer Skid Steer Trailer 12 ft Stripper trailer 2009 Titan GooseneckTrailer 2012 Tandem Roller Trailer Wilson Sealer trailer Custom Tandem axle Router trailer Clemco 2452 Sand Blaster S/N:K3348.12345678 Generac GP 17500E S/N:E8853880 Shot Blaster Pressure Washer Concrete saw Hilti Hammers 410 Kettel 2009 410 Kettel 2010 410 Cimline Kettle 2001 230 Cimline Kettle 1999 2008 Cat Roller(cb24)S/N:CATOCB24-J24000130 2007 Ingersoll Rand185 Compressor Bulk fuel tank Turf Ex Sand Spreader Hilti Hammer • Concret saw Rosco Sweeper Whitney Mortar Mixer Concrete Crack Chaser 2011 Ingersoll Rand XP185WJD S/N 419198UJU222 Subtotal Transportation Equipment T 2012 Ford F350 T 2012 Dodge 3500 T 1999 Ford F450 w/arrow board T 2006 Ford F350 T 2006 Dodge 3500 T 1996 Ford Ranger T 86 Dump Truck T 2001 Dodge 3500 Extended Cab 2001 Dodge 3500 2014 Buick Lacrosse 2007 Frieghtliner M2 1FVACXDC87HY75447 Subtotal Total • s /ifl !" 1 r ; t f /t 1s LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board FROM: Monica Plecker, Planning Director RE: Special Review—Z&Z Concrete, 1323 Thiel Rd. HEARING DATE: December 4, 2014 DESCRIPTION/LOCATION: Nathan Zito of Z&Z Seal Coating, Inc. has submitted an application for special review.The affected property is located at 1323 Thiel Rd. in Yellowstone County.A majority of the parcel is zoned Highway Commercial with a small portion in the SE corner unzoned.The applicant is requesting a special review for the outside storage of construction equipment and materials.The property is legally described as GLOBAL SUB (09),S22,T02 5, R24 E, BLOCK 1, Lot 1. STAFF FINDINGS: Applicant Data: Owner: Z&Z Seal Coating, Inc. Legal Description: GLOBAL SUB(09),S22,T02 S, R24 E, BLOCK 1, Lot 1 Address : 1323 Thiel Rd. Parcel Size: 23.558 Acres Existing Land Use: Vacant Proposed Land Use: Open Storage of Construction Equipment and Materials Existing Zoning: Highway Commerical Surrounding Land Use and Zoning(See Exhibits A&B) North: Zoning: Public Land Use: Riverside Park South: Zoning Unzoned Land Use: Residential, Equine Facilities, Mt Road Products East: Zoning Unzoned Land Use: Residential West: Zoning: Highway Land Use: Assorted Businesses (Fat Fender Commercial Freddies,Sweetheart Bread, Meat Processing) 1. The open storage of construction materials and equipment has been proposed.The application, a general site plan, and list of equipment, and supplemental information is attached to this report. Only the eastern portion of the property is proposed for the open storage of materials and equipment. 2. Staff has studied the application with reference to its appropriateness and effect on existing and proposed land use, and references to the comprehensive plan. With the adjacent land uses, it appears this would be an appropriate use of the property. 3. Thiel Road provides adequate access to serve a business of this nature. 4. The advertising requirements of LMC 17.68.030 C-E have been met. ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION: The Zoning Commission shall review and make determinations on the following chapters and sections of the Laurel Municipal Code (LMC): 1. Prior to approving a special review application LMC 17.68.040 states the application: 1. Complies with all requirements of this section; 2. Is consistent with the objectives and purposes of this title and the Laurel Comprehensive Planning Process; 3. Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects; 4. Further the zoning commission shall consider and may impose modifications or conditions concerning, but not limited to the following: a. Street and road capacity, b. Ingress and egress to adjoin streets, c. Off-street parking, d. Fencing, screening and landscaping, e. Building bulk and location f. Usable open space, g. Signs and lighting. 2. As per LMC 17.68.040 the Zoning Commission shall make a recommendation to the Governing Body to: 1. Grant the application for special review; 2. Deny the application; 3. Delay action on the application for a period not to exceed thirty days; or 4. Grant the application subject to conditions and recommendations and give the reasons therefor. STAFF SUGGESTED CONDITIONS: If the Planning Board recommends approval of the Special Review, the following conditions are suggested: 1. Property shall be kept free of noxious weeds. 2. Any proposed buildings shall conform to the setbacks identified in LMC 17.10.020