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Home My WebLink AboutCity/County Planning Board Minutes 08.02.2001MINUTES PLANNING BOARD AUGUST 2, 2001, 7:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Gerald Shay, Chairman Bud Johnson, City Rep. Kate Stevenson, City Rep. Ziggy Ziegler, County Rep. Kurt Baltrusch, County Rep. Clarence Foos, County Rep. Tom Robertus, County Rep. Betty Hart, County Rep. Laurel Haggart, City Rep. Steve O'Neil, City Rep. OTHERS PRESENT: Cal Cumin, City Planner Cheryll Lund, Secretary Minutes of the July 5, 2001 meeting were reviewed and approved. Public Hearing -Land Use Variance -David Metzger David Metzger spoke regarding his proposal to place a pole building on all unimproved lots in Ingraham Subdivision, Block 1, Lots 20-23, before a residence is built. There is no road going to this piece of property at this time. He plans to store his RV, boat and vehicles in the building. He is hoping to build a residence in the furore, but has no specific time frame for it. Proponents: None. Opponents: None Motion by Steve O'Neil, second by Kate Stevenson to close the public hearing. Motion carried. Discussion by Board. Cal spoke regazding the application. He explained that accessory buildings aze not allowed to be built before a primary residence, as per the zoning regulations. Cal read 17.64.150, "Vaziances -Not granted when", to the boazd (see attached). Cal stated that one of the provisions for granting a variance is if the applicant can show hazdship other than monetary. Discussion on placement of the future home on the property; setting a precedent for other residents; whether or not this pole building will become a mechanical shop; and future annexation of the property. Cal recommends denial of the application. This is a common request to the city because the idea of having a place to store things away from a person's primary residence is appealing. Basically what you have when you build a garage without a residence is a commercial storage unit. Motion by Betty Hart, second by Laurel Haggart, to recommend denial of the land use vaziance for David Metzger. Motion carried 7-2. Public Hearing -Laurel Collins- Preschool at 815 5`h Avenue Laurel Collins spoke regarding her proposed preschool. She has a specialized associate degree in preschool education. She is working at a day care center at this time and her desire has been to run her own preschool. She would like to run the preschool on Tuesdays, Wednesdays and Thursdays of each week. She will have 6-10 kids (6-8 is her preferred amount), 1 session from 9:00 to 11:30 am to begin with, three days a week. Ages of the kids will be 3-5 years old. She hopes to eventually work up to 2 sessions per day, so she would add an afternoon session from 12:30 to 3:00 pm. Because this is a preschool the kids will be limited to going outside to approximately 25 minutes per day. The rest of the time will be spent in structured learning. The preschool will be in her basement, which is equipped with everything she needs to run it safely. Opponents: Diana Barnett, 812 4th Avenue, stated that she is not necessarily opposed to it, but is concerned that it will change the azea to a commercial zone. She pointed out that there is a preschool about ahalf-a-block away at St. John's Lutheran Church. One letter of protest was received from Robert and Elizabeth Barnhart, 808 5`h Avenue (see attached letter). Laurel Collins states that the preschool at St. John's is based on religious teaching, and her preschool would be taught under a school curriculum. She points out that she is a religious person but wants to teach anon-religious school curriculum. She states that several pazents have expressed to her that they want an alternative to church preschools, because the church teachings are not always based on what they believe. The public hearing was closed. Discussion on egress windows; fire inspections; safety issues for the children; differences between preschool and daycare; licensing required by the state for daycares; preschools not required to be licensed by the state; requirements on ration of teachers to students and amount of teaching time. Mr. Collins states that once you go over 12 kids at the preschool the requirements from the state change A question was brought up about whether or not the Collins' notified their neighbors The secretary explained that the neighbor's were all notified about the public hearing, as city ordinance requires, and two ads were placed in the Laurel Outlook 15 days prior to the public hearing. A question was raised on safety issues regarding the residence being used as a preschool. The board questions whether or not a fire inspection will be done on the building prior to the preschool opening. Laurel Collins states that they will do everything that the boazd asks them to do in regards to the safety of the children. It is important to her as well. Mr. Collins states that the windows aze 2' X 3' egress, the steps have a handrail and they will do anything that needs to be done to make it a safe environment for the children. Cal states that this boazd can put conditions on this preschool in regazds to fencing and safety issues. He also states that the existing streets are designed to handle additional traffic. Motion by Kate Stevenson, second by Kurt Baltrusch,to recommend approval of the preschool at 815 5~' Avenue, subject to the preschool passing a fire inspection. Motion carried 8-1. Public Hearing -Annexation & Special Review -Tender Nest Home Randy Swenson spoke about the proposed annexation and special review for his proposed personal caze home on the corner of W. 12"' Street and First Avenue, Lot 1 Bloclc 1~ of Ward Subdivision. Randy owns the existing personal care home formerly known as Bee Hive Homes, which is now called Tender Nest. That personal caze home is set up for 12 residents and is full. Because of a need for more facilities they purchased the second piece of adjacent land approximately 3 years ago and aze now ready to begin the project. The proposed personal care center will be a single story, 15-bed home that will be similaz in construction, appearance and landscaping to the existing 12-bed home. Entrance to the second facility will be off the furthest south point of the property on 15` Avenue. The pazking lots of the 2 homes will be connected which means there is an existing second entrance off of W. 12`h Street. Proponents: None Opponents: Quinton Eggert is not speaking in opposition but has some questions regarding the project. He owns the lots directly across the street on First Avenue that aze undeveloped. He questions whether or not the home will be single story; street access to the building; and the pazking facilities. He would like to see the access to the home be off of W. 12~' Street, not off of First Avenue. The access is planned for both W. 12"' Street and First Avenue. The W. 12"'street access already exists. The access onto First Avenue will be at the furthest point of the south property line, which is approximately 100 feet from the comer of W. 12t~' Street. A question on fencing was brought up. Is there a height requirement? LMC requires 3-foot solid or 3'/z foot chain link on front yards and/or corner lots when a fence is built. The public hearing was closed. Discussion by boazd. Questions on traffic and pazking requirements. Cal recommends approval of the annexation and special review subject to the developer working with the city on landscaping for the building. He also recommends that the city council not hold a public hearing due to no opponents. Motion by Bud Johnson, second by Steve O'Neil to recommend approval of the annexation for Lot 1, Block 1'~, Ward Subdivision, with the suggestion that the City Council not hold a second public hearing. Motion carried 9-0. Motion by Bud Johnson, second by Kurt Baltmsch to recommend approval of the Special Review for Lot 1, Block 1~, Ward Subdivision, subject to the developer working with the city on the landscaping, and with the suggestion that no public hearing be held. Motion carried 9-0. Respectfully submitted, Cheryll Lund, Secretary 4 CIT}' HAIL 115 W. 1ST ST. Cit Of L PUB WORKS: 628-4796 aurel WATER OFC: 628-7431 _ COURT: 628-1964 P.O. BOx 10 _ ~ ~ UREL " FAX:628-2241 Laurel, Montana 59044 ONTU'^~ _ PLANNING BOARD APPLICATION FORM IJEP`912TMENT The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: To 1. a. 3. 4. ipt (phone number) 5. Agent(s): (name) (address) (phone number) 6. Covenants or deed restrictions on property: Yes No (if yes, include copy) I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost in processing, and that the fee does not constitute a payment for a Zone Change/Land Use Variance. Also, that all the information presented is true and correct. PETITIONER MIIST BE PRESENT AT HEARINGS. ~I PETITION NO. l-u~ C7f-CS~ FEE PAID ~~~ocC PETITIONER'S SIGNATURE S-- .~ ~ ~ DATE ~- ~i Q Q foxm.ZCha°ge C1T'( OF LAUREL 115 W. 1st P.O. Box 10 City Of Laurel is an EEO Employer Laure! Montana 59044 Equal Housing Opportunity + :~ Zone Zone Proposed use : l,2 o n.,~,~ .ao 1 ,e, ~~/rJ~ ~~, ¢ ,q~f I_Jl~ i II I I=1 fehs'ii-LUa~.~l a <_ _Is~ lip ~~~ ~ ~ m ~~, U 1 I _U ^ .. .. ._ ~ = F _. ~... ~ _._.. ;.... ~ ~' .4 _..._ m ~ s .: __ ... ._ ..:.. w G ' i W ~uw ` 3nN3ntl WL~.. .. .m ^ / ... U .:',~ U ~ m m anrra~n wLt - ] ~ ZZ£ S~ - n anronv ws~ n ~ fn a y Y F °- U ~- _ m a g '~ry u~ ID 3 M ~ r n^ ~ ~63yJ '.. N In N ~ p~j ~ p ~ U n U .- ~ ~ i ~ ..J m J.:.a. ... _._. n = € i N _ ~ ¢-ry w ~ ~ _.... ,.._ ... ...... ° r '" o U W Q1 N r ~ Vi U U i ~ I > U I Q V II 1~ U i Vj i I I 1 I ,4 " 0, ~ J ~O " ~v ~ I ~ ~ a ~ ~~ ~" o C ' ~ ~ `~ i ~ 3 i ~ ~ i~ ~ ~ 'j ~ I r w .u ~ - ~ ° I ~ ~ a~ h I ~ ~~3 I ~ __ ~ ~a W fi ~~ a ~, a I ~~ ~~-~ ~~ ~ ~6'Of/ niv 3 CITY HALL (~\~ Lr P1UB WORKST628-4796 V~ ~r Of Laurel _ WATER OFC: 628-7431 COURT: 628-1964 P,~. BOX 10 I UitEL' FAX: 628-2241 "^~T~^~ Laurel, Montana 59044 PLANNING HOARD DEPARTMENT APPLICATION FORM- SPECIAL REVIEW The undersigned as owner or agent of the following described property requests a Special Review as outlined in the City Zoning Ordinance: Legal Description: l e~k"Si~~ lr-I' AY- or-i'h I5-FCG1' o'F 15 1 6110L1'~~ General Description {address) ~IS ~I-F~'I'1 {'~1/ AP, gIAY I~ NiT ~Or{~- ATTACH MAP SHOWING DIMENSIONS, ACREAGE AND LOCATION OF TRACT: owner of Tract: MAthheW olIiY1S ewe Urill hG rnayvl d Ital~oo) Mailing address: $15 ~lrrkl~l ><lvenue, IaLlv~lr MT rjg0~ ' Phone Number : ~1-l Olo~ (o2Sf' 25210 Attach site plan: Time Schedule for development: "Clrlcv~ wi til ~ C1o Gha~cS Lh t~'It; 2xis-Ftn~ slruc-~,nv~C. l W1Il u5-~ I'}' qb i1' l5. Special Review request: would ~~~ -1v ~-q/t a ~rCS~hool on -the c{,bove ~-oiler-h~, Thrs will entail two 5essiolls~ b-lo rh~ldv-en, -F'o~. Zy2 houvs 2ach sessi6w , thve~ da,~s aF eaGh week. I understand that the filing fee accompanying this application is not refundable and that it pays part of the cost in processing. Also, that all informatio presented~~,`i~~s~~,~,t~~r~u~~e~~,,,and correct. Petitioner's Signature: ~Sa_t~l~,v Petition No.: S Ol- Fee paid and date : ~f',E'~ (, - 02-`~- G` l COZd.$R City Of Laurel ie as EEO Employer Equal Housing Opportunity TH.B Cg CS 194 I L4 m. is TR. u 1330 CS 416 ~ a AF9D n ~; ., ~g~~ ~~ 51KK '''. Tq 6 AM ~B-2 R .TUI.p "B :?^rl Laurel, ?f~ptana. L ^li':rL CITY-C!'fi.,,yv nL q..r., I-rr a,n n,n?), ''e have _eceived your letrer of Tu1v ^, informing residents of a request for Special ..^,eview to al.loe~ a preschool at °,1 pifth Avenue. [Je are ~•~ritin~ in pretest to the proposed preschool for the follo~ai.n(' reasons: ~rn.lrRrC -inhere wi 11 be a noticeable i-ncrease in traffic *_hrou?h- out t!ie day *.uith drnno`fs and pickups for merninR and aftArnonn sessions. ?'OISr -There *•~ill be notir_eaUle increase in noise as we all. knota that little children are very noisy as they ~aor'c, and especi- ally as thet play. !Pe.kno~-* -- ;ae 1za~re f.i.vell rcT~mT~rr nnr,cr*,in~L -There i,s an esi.stin~ preschool not half a /b1ocL a*!av from the proposed one. It is located at Saint .Tohn's Lutheran Church. 417 ?•lest '3i-nth Street, and currently advertising enrollr:.ent with a 1ar~e banner. ZONE P1 - i;'e built our hone at 4~R Fifth venue because it raas a quiet neighborhood, 7.l!?dr'~ °] , and do not feel there should he a.ny mason for cha.npe in a single fanil~,. dr,ellin~ area. nesnect°ully, ~ i ,-y" ~ ~~yyi ~~jl~ Robert P.~arnhart 0'(f~~ ~1i;ahet'~, narnhart ~~~ JUL 2 5 2DD1 CITY OF LAUREL CITY HALL 113 W. 1ST ST. Cit Of Laurel PUB WORKS: 628.4796 WATER OFC: 628-7431 COURT: 628-1964 P.O. Box 10 FAX: 628-2241 Laurel, Montana 59044 ili _n{yC. . ~~ YOMTI~M/~ PLANNING BOARD DEPARTMENT APPLICATION FORM- SPECIAL REVIEW The undersigned as owner or agent of the following described property requests a Special Review as outlined in the City Zoning Ordinance: Legal Description: ~~- 1 ~~~~ ~ ~ ~a/d Su~ia~e~~S~WI General Description (address) : )S(- avz -~- lZ'~ ~~-. SW l"vvte~~ ATTACH MAP SHOWING DIMENNSIONS, AC1R//EAGE AND LOCATION OF TRACT: Owner of Tract : ~,V,~,,Ll D• ~ 14.E i~~n~, ~ C sn Mailing address: 9y10 ~~- Phone Number : QOb ~- ~ SI- ~~t l{~{ ~ Attach site plan: beiha L~zVeG~'ed• Time Schedule for development: ~F~(,l Zoul. `~roJ«~ ~ ~,,i ~~~, 2vo2, Special Review request: S~k~~ ~.zrrwiSSic~n -~.• c~v.c~~-1- a IS ~~ pe,~s~-~~ eG.~ 1~n/~v,,t, ud;ucnr~~-( -I-b~ -I-l~.~. ~~ici,v~ T-ew~~ ti;e~~- -Fay 1~,(~~.~.r C I~,,,,~4r T]t~ ~11 ~ryyl!ti(f). I r~l S V~n~ ~lt.. S i 1hU ~ 1 n C~v~C ~Y~nGl+bh G v~ a~~/avlcd JI- ~ ~+1Gif~%`} ~n+:vtntt. ~/hfftuAii^~, SIWu~_ I understand that the filing fee accompanying this application is not refundable and tha t pays part of the cost in processing. Also, that all informatio r s d s true and correct. Petitioner's Signature: ~~ Petition No.: S~-~)~-~5 Fee paid and date : ~(- L C~ -O ( ~S -~ Cocm. SR City Of Laurel is an EEO Employer Equal Housing Opportunity ` 9 f~ ~~ww T ~ ~ '{l ~ ~. V / a C ~ ~m 'N N CO o ~ a ~~~- +$ ', I•^I V/ J r 1 i ~I ti 9 m. N k 9 ':~~ n . ~~ w~ q II( 9 //' ! / v a m N o C m :~ m A9 u ~-. nrca m S A -.p - w ,~ ~^' 96ti S `~' A 1 ~ O j ~ m N ~Q K o w +~ W ~5 a~ P ~ ~ _ ~--c ~V s ~I IN ~ N ~ i (n w S a~ ~ s~ ~ 5 m m~ N = C V ~~ m ~ ~~ ~ n O fn O- m CI ~ y 41• I y~e. ~f~ ~ '~ 'I _ ~ i ~~ ~. ~ - ~Lu~~s L ~~, i -- I t ~ ~ I- i ~ ~ j, ~ I ~,, ~1 ' ~, ~~ ~ ¢ i ~, ~ ~ ,- - _ ~ I __ ~ i ~ ~; j ~ ;' _ _ Y ~ ~ ~ _ , . _ ~ , I ~ ~ I I I I ', i ~ , ~ i . I _ , ~ __, - - i ~-- L .. - ' '- ' ' i ~ j~ '-' i i - I . ~ ,, _ i ~; c ~' ~ ~' ~ I ~ ~.-^ ~ ~ i. ~ 'I i I, i ~_ , i ~ I - I, i~ i ,~ ~ i ~ ~ ~~ ~ ~ ~ I ~ i~ ~ i , - i - ~ ~_ -_~ ~ __ _ i ~ a_ ~ ~ ~ ~ i I i ~ i G3 ~n _. 1` _~ ~ __ - i i ~ ~ ~ I M1 ~ ! . ' ' I - ~ ~' i - 'i I I ~ - i ~ i I ^ - 1 . I : i. I _ _ I ~ I ~ _ i ~. __~ , ~_ ~_ _ I _ I _i _I I } t T t~ - T i - ~ ~ - 1 i ~ I f. ~ I ~ ~ ~ I ~,yk1 a~WY'1 V U~-~• I i ' - ..._.-i. - _.'~_.__ . ~ - _...i_..___- - __ .. '__ _. i i ~ _: - I -. r ' ~ ' _ . I ~ ' ._ _ ~ , I. I , ~ ~ i rte' ~ ~ - .. i b I _ _ _ ___ I i - ~ ~ /~ ~ F _M1; l i III ___ ' I -. I . ~ - ~ _ _ '~ i - ~ i ~ it i ~ I - - . I ~ I i I ~, ~ - i I L '' ~ (~ 2L'•~1 N~ ~ ~ ~i ®199] Franklin Covey Co Panted in USA - Original-MO 1]418 I CITY OF LAUREL REQUEST FOR ANNEXATION And Plan of Annexation 1. Only parcels=of land adjacent to the City of Laurel municipal limits will be considered for annexation. "Adjacent to" also includes being across a public right of way. If the parcel to be annexed is smaller than one city block in size (2.06 acres), the City Council must approve consideration of the request; the applicant must make a separate written request to the City Council (for parcels smaller than a city block) stating their wish to annex a parcel of land less than one city block in size- and do so prior to fillincr out and submitting this Reotest for A~n7nexation 2. Applicant landowner's name: Kanc~[~(,l D ~ ~ ~upwhe l2y1Sc'v~ address: 451o f-4; -L;~ Dr. telephone:_ $ob-(e 5l-SO~I~ 3. Parcel to be annexed: (if it is not surveyed or of public record, it must be of public record prior to applying for annexation) . t Legal Description: ~-a~' ~ ~~ac~t ~3 L,fural SWhz~,iViS(.+ti Size: 15 ;00 Cw L~~- ~nwt-~ Present Use : Ur.[,r „-4- 1.~.~~1 Planned use : Vie: Gm,„Q ~f.K (~aw.t_ Present Zoning: (Land which is being annexed becomes zoned R-7500 when it is officially annexed (City Or. 17.12.220.F) 4. City services: The extension of needed City services shall be at the cost of the applicant after annexation by the City has been approved. As part of the application process, each of the following City services must be addressed: Water Service: Location of existing main: Tk 4. ;-~.crFu Cost of extension of approved se_vi e: ~ ~ I,~OD_ How cost determined: P~zrl.t C1~a..vw r v~, .~~ (,~,~.. Timeframe for installation: i~ r,.vUUOC~ „) LEI-„ D,~;K How financed: ~._ ~~.[..,_L.. ,._. .... ~ .- Sewer Service: Location of existing main:_ Cost of extension of approved How cost determined: ;_ Timeframe for installation _ How financed: Streets: ~ ,\ I Location of existing paved access: I~c,v~c( ku ~randr(-.i Cost of paving: •-~- How determined:~~i~~ ~Lv„1~ Timeframe for construction: ~ ~ Other required improvements: Provide above information on attached pages. 5. A map suitable for review of this application of the proposed area to be annexed must be submitted with this application. 6. A written Waiver of Protest must accompany this application, suitable for recording and containing a covenant to run with the land to be annexed, waiving all right of protest to the creation by the City of any needed improvement district for construction or maintenance of municipal services. This Wavier of Protest must be signed by the applicant prior to annexation by the City. 7. Requests for annexations are referred to the City-County Planning Board for recommendation to the City Council. Applicants should contact the planning representative prior to filling out this application. e. Within thirty (30) days after receiving the properly filled out application with all required accompaniments and after conducting a duly advertised public hearing, the City-County Planning Board shall make recommendation to the City Council as to this Request for Annexation. If more information is needed from the. applicant during the review of the application, such application shall be deemed incomplete and the timeframe for reporting to the City Council extended accordingly, if needed. 9. An application fee of one hundred fifty dollars ($150) must accompany the submission of this application. The City Council of the City of Laurel, Montana, after review and consideration of this Application for Annexation found such to be in the best interest of the City, that it complied with State code, and approved this request at its City Council meeting of: [oza. amex servile: -o - 2