HomeMy WebLinkAboutCity/County Planning Board Minutes 05.03.2001MINUTES
CITY-COUNTY PLANNING BOARD
May 3, 2001 7:00 pm
Council Chambers
Members present: Gerald Shay, Chairman
Bud Johnson, City Rep.
Laurel Haggart, City Rep.
Ed Thumer, City Rep.
Ziggy Ziegler, County Rep.
Kate Stevenson, City Rep.
Kurt Baltrusch, County Rep.
Clarence Foos, County Rep.
Others present: Cal Cumin, City Planner
Cheryll Lund, City Secretary
Mike Sammartino, Bnmo's Take Bake & Boil
Minutes of the April 10, 2001 meeting were reviewed and approved with a minor
typing correction.
Public Hearing on Child Care Centers/Group Day Care Homes requirements and
miscellaneous changes to the ordinances.
After 2 legal ads were published in the Laurel Outlook a public hearing was held.
At this time the Chairman called for proponents. There were no proponents present.
At this time the Chairman called for opponents. There were no opponents present.
The Public hearing was closed at 7:05 p.m.
Cal briefly reviewed the proposed changes to the ordinances. After a discussion a motion
was made by Ziggy Ziegler, seconded by Bud Johnson to pass the proposed changes on
to the City Council for review. Motion carried.
Temporary Use Permit - BRUNO'S Take Bake & Boil 1547 Old Hwv 212 South
Mike Sammartino made the presentation for the proposed temporary use permit.
The business consists of sales of take, bake & boil food items out of a small 8' X 10'
kiosk located next to The Laurel Sports Center on Highway 212 South.
The entrance and drive up way is paved. Two cars can access the kiosk at one time, but it
would be rare to have that happen. At this time there are an average of 8-12 cars per day
that come to the business.
No food items aze baked on site. All food items are bought and then baked at the
customer's residence. Food items are brought in on a daily basis to assure freshness.
Discussion by board.
Cal recommends approval of this temporary use permit.
Motion by Bud Johnson, seconded by Kurt Baltrusch to recommend approval of
the temporary use permit for BRUNO'S Take Bake and Boil at 1547 Old Highway 212
South. Motion carried.
Cal requested that #4 on the agenda (Proposed chatiiges to cell tower ordinances) be
delayed until next month. At this time Cal is watching what the City of Billings is going
to propose for their ordinances for cell towers.
The City Council did deny the application for the 250' cell tower proposed last month to
be located by Fitchner Chevrolet and adopted a 6 months moratorium on cell tower
applications while our ordinances are being reviewed.
Miscellaneous Business
Cal passed out a letter on proposed changes to the duties of the Board of Adjustment. He
would like the board to review the changes and a public hearing will be held at a
regularly scheduled meeting.
Cal went over a few of the changes made during the 2001 Legislature. There were
several that effected Planning and Annexations.
The meeting was adjourned at 7:35 pm
Respectfully submitted,
Cheryll Lund, Secretary
Page 1 of 2
CITY OF LAUREL
TElVTPORARY USE PERMIT
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1. Naute of applicant: elr ~uef{ py/~ Tel: li~S~7e ~ Y• s~yr•-
Z. Name ofbusiuess:'("~g ~~}C~ q~Rq- 1JRJr'C•5 ~KC ~Y-F'a~C1L
3. Address of app(icanl: 3}3.'3 ~ T,pT;,r ~Yar ~'iao.-v~l /n T S9.d!
4. Proposed address of busiuesc'temporary use:- !~ ZJ ~- ~-{.t6MLU~j 8.I c'Z Soot
o,J 1-C`T 0'F L /ju,z~ SFDn,T cC•+i~v.
5. 1'~pe oClemporan' use
So J%'>'t o? tj'V?_i~-~-J 570.J n' /Lrv~"~ ~•,.r'~6~
Group 2 Temporary Use. This group consists of temporay uses of
propert~• continuing for loneer than forh•-eieht (=33) but less than thirty (30) days.
Lsamplzs of/Cn~oup 2 Temporary Uses are carnivals, circuses. Clu•ishnas tree sales, etc.
1/ Group 3 Temporarv Use. This group consists of temporary uses of
property continuine for loneer than thirh• (30) dads but less than one (1) year,
a. ~ The followutg temporan• uses ntav be allowed in this group:
(1) ereattltouses or other similar seasrntal-oriented nszs, as
detemtined by the Planting Board, shall be exempt ti•om below subsection (b) Locaiion
mid Time Restrictions: or
(2) Otlter uses. such as carr} out espresso stands, as allowed in
fire appropriate zonine disiticts.
b. Location and Time Rasttictious.
(1) An}' Group 3 temporary use/siruchtre existing upon
adoption of this chapter, shall be deemed a laaal noucoufrnntntg use..~lll existing legal
Group 3 noncoufornting temporary uses!stnteittres, as of the effective date of this chapter
or any muendment hereto, shall be removed or become a permanent use by complying
auilh the Uniform Building Code. site development standards. and any other federal. state,
or local requirements withut trvo (2) veers front the data of the enaefitent of this chapter or
any amendment hereto.
(2) The owuerioperator Wray. at any tiure during the hvo (2)
years as a Uroup 3 iemporan~ nse. become a permanent use by complying with the
Uttifonn Building Code, site development standards- and any other Tederal, state, or local
requirements.
(3) .-~tn~ Crroup 3 temporary useisiruchtre ta'hich does not exist
upon adoption o1'ihis cltapfer shall nee( tl~e supplemental standards in below subsection
(e) and shall also be removed when the ria~o (2) near amortization period ht above
subsection (1) aspires.
rays c u~ c
6. Stsudards:
a. Two (2) signs not to escead thirty-hvo {32) square tact in area and eight {8)
fact in heieht shall Ua allowad, exchidurg A-frvna signs, and shall be removed along with
the temporary use when the approved tune luuit or tamporaz}~ use; sinicture penlut has
expired.
b. 1`lte temporary use must provide sufficient space to accommodate the
stntchrre and off=strzet parking for customer and usa-relatad vehiclas. The parkiue area,
dm-ing lanes, and agress~utgrass shall Ue pavad, and fire site shall be approved Uy the Cih
Engineer if within the municipal limits oFLaurel or Uy the County Office of Public Works
if located outside of Laurel but n'ithiu its one (1) mile zonitto jurisdiction.
a Claar sight vision fbr sita utgress artd egress shall be provided as approved
Uy the Cih' Engineer if within the Laural municipal lunits or by the Couuh~ Office of
Public Works if outside oFLaurel but wiU»n its one (1) mile zoning jurisdiction.
d. Access to public right-of=way shall Ue approvad by the City Engineer if
wlthlll the municipal lunits of Laurel ar by tha County Office of Public Works if outside
of Laural but within its ona (1) mila zoning jurisdiction.
e. Application for a temporary use,~shucture pemtit shall be made at the Cih•
Public luorks Department to the Planning Board at least one (1) month ahead ofthe
P~ t2 Board's regularly scheduled uteetittg date accompanied by a ona hundred dollar
~ {$/ 1U0~ a lication review fee. =`,'
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7. Pennit required:
Before any Group 2 or Group 3 Temporary Use or Structure is estaUlished the
property owner sluill obtaut a tamponn-v usalstnrchtre pemtit. as delineated above. Itt
addition, the property owner shall post a liileen luutdred dollar ($1,500) money order or
cashiers check with the City of Laurel to ensure timely removal of the use artd/or stntcture.
3. A copy of the sita plan showhrg the above referanead requirements nmst
accompany this application.
9. .Approval of proposed plan Uy Cit}• EnginearCounty Public Works Office:
10. After approval by the Plarming Board. applicant needs to obtain a Uusutess license
tiom ihhe City.
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BRUNT ~ -.7 TAKE BAKE & BOIL
April 19, 2001
City of Laurel
City Hall
115 West First
Laurel, MT 59044
REF: TEMPORARY USE PERNIIT APPLICATION
Deaz Sir/Ms.,
BRUNO'S Take Bake & Boil hereby applies for a Temporary Use Permit to locate and operate
an 8' x 10' kiosk outside the city of Laurel, but within its one-mile zoning jurisdiction.
The proposed site was recently approved by the city and operated by a coffee vendor. The
address is:
1547 Highway 212 South
Laurel, MT 59044.
This is just south of the Yellowstone River Bridge on the lot of the Laurel Sport Center
The following items are included with this application:
a) Application form with $100 fee
b) Site plan
c) Kiosk design and photos
d) Menu (please note that no cooking is done in our kiosks, all food is packaged to prepare
in customer's residence)
The kiosk was manufactured by Mountain Manufacturing of Billings (the same that constructs
the coffee kiosks). It is of steel construction.
Upon approval of this Temporary Permit, Bnmo's will post a fifteen hundred dollaz ($1,500)
money order or cashiers check and obtain a business license from the City of Laurel.
We thank you for your consideration. If there aze any questions or you require additional
infonnation please contact us at either 656-6475 or 652-4416.
Sincerely y.urs,
George Ya cich Mike Sammartino
3733 Montana Ave. Billings, MT 59101 (4060 656-6475
PROPOSED CHANGES TO LAUREL'S ZONING ORDINANCE
CONCERNING DAY CARE FACILITIES AND
MISCELLANEOUS CORRECTIONS AND REVISIONS
(First discussed December 7, 2000)
Add Section 17.08.131 Bed and Breakfast Inn: A house or a portion thereof that
contains short-term guest rooms where lodging with or without meals is provided for
compensation. The operator of the inn shall live on the same property upon which the
inn is located.
Add Section 17.08.132 Boarding or Lodging House: A house where meals (with or
without lodging) aze provided for compensation and bypre-arrangement for a definite
period for three or more persons. Boarding or Lodging House shall not be construed to
mean rest or convalescent homes nor "Bed and Breakfast Inns".
Change Section 17.08.230 (definition) Child care center (p. 368) to Child care
facilities:
Family day care home: A private residence in which supplemental parental caze
is provided for up to six children, including the operator's children, from separate families
on a regular basis. Such day caze home shall be licensed by the Montana Department of
Social and Rehabilitative Services under MCA, Title 53, Chapter 4, Part 5.
Group day care home: A private residence in which supplemental pazental care
is provided for seven to twelve children, including the operator's children, on a regular
basis and which is licensed by the Montana Department of Social and Rehabilitative
Services under MCA, Title 53, Chapter 4, Part 5.
Day care center: A place in which supplemental parental care and/or adult
supervision is provided to thirteen or more children, including the operator's children, on
a regular basis, and which may include nursery schools, private kindergartens, or after
school care and supervision. Such day care center shall be licensed as required by the
State, City, or County and conducted in accordance with applicable State and local
requirements.
Add Section 17.08.291 Community Residential Facilities (p. 369):
1. Adult Foster Family Care Home: A private home licensed by the
Montana Department of Family Services owned by one or more persons eighteen yeazs of
aga or older which offers light personal care or custodial caze to disabled adults who aze
not related to the owner by blood or marriage or which offers light personal caze or
custodial care to aged persons. The number of aged persons or disabled adults in an adult
foster family care home may total no more than four.
2. Community Group Home: A family oriented residence or home licensed
by the appropriate state agency designed to provide residential services and facilities for
developmentally, severely disabled or mentally disabled persons, but does not provide
skilled or intermediate nursing caze.
3. Halfway House: A place operated in accordance with the regulations of
the Montana Department of Health and Environmental Sciences for the rehabilitation of
alcohol or drug dependent persons.
4. Youth Foster Home: A youth care facility licensed by the Montana
Department of Family Services in which substitute care is provided to one to six foster
children or youths, other than the foster parent's own children, stepchildren, or wazds.
5. Youth Group Home: A youth care facility licensed by the Montana
Department of Family Services in which individual care is provided to seven to twelve
children or youth.
6. Nursing Homes, Convalescent Homes, Orphanages, and Charitable
Institutions: A home operated similarly to a boazding house but not restricted to any
number of guests or guest rooms, and the operator of which is licensedby the state, city,
or county to give special care and supervision to his/her patients. In such homes, nursing,
dietary, and other personal services are furnished to convalescents, invalids, and aged
persons, but within which homes aze kept no persons suffering from a contagious or
communicable disease, and within which aze performed no surgery, maternity, or other
primary treatments such as aze customarily provided in sanitariums or hospitals, and
within which no persons aze kept to be served who normally would be admitted to a
mental hospital. Adult foster caze homes aze not included in this definition.
Delete Section 17.08.325 (defmition) Day Care Facility (p.369).
Delete Section 17.08.660 (defmition) Lodginghouse (p. 373)
Delete Section 17.08.930 (defmition) Rehabilitation center, half-way house (p. 376)
Delete Section 17.08.940 (definition) Rest home, convalescent or nursing home (p.
376)
Change Table 17.16.010 (allowable Residential uses) (p. 389):
add: Child care facilities:
Family day care home: Allowed in all residential zones.
Group day care home: Allowed in all residential zones.
Day care center: Requires Special Review in all residential
zones.
add: Community residential facilities serving eight or fewer persons:
Allowed in all residential zones.
add: Community residential facilities serving nine or more persons:
Requires Special Review in all residential zones.
add: Bed and breakfast inn: Requires Special Review in all residential zones.
add: Boarding and lodging house: Requires Special Review in all residential
zones.
delete: Child care center
delete: Day care home
delete: Rehabilitation center
delete: Convalescent, nursing homes, retirement homes.
Change Table 17.20.010 (allowable Commercial uses) (p. 392):
delete: Child care center
Day care center
Day care home
Convalescent, nursing, and retirement homes, charitable institutions
Rehabilitation center
add: Bed and breakfast inns: Allowed in AG, NC, CC, HC.
Boarding and lodging houses: Allowed in AG, NC, CC, HC.
Child care facilities: Allowed in AG, NC, CC, HC.
Community residential facilities: Allowed in AG, NC, CC, HC.
Adult foster family care home
Community group home
Halfway house
Youth foster home
Youth group home
Nursing homes, convalescent homes, orphanages, and
charitable institutions
Chapter 17.12, ZONING DISTRICTS ESTABLISHED (p. 381): delete 17.12.040
Residential estates 20,000 (RE-20,000) zone
delete (p. 382) 17.12.020 B: RE-20,000-Residential Estates-20,000
delete (p. 382) 17.12.040 Residential estates 20,000 (RE-20,000) zone
17.12.220 (p. 387) add: G. The hearing for annexation and zone change may beheld
at the same time.
17.72.025 (p.440) delete "-the required fee of seventy-five dollars and-"
17.72.050(G) (p. 442) change word "rezoning" to "zoning".
17.72.070(B) (p. 442) add "-not less than-" after "-city-county planning board,
and-".
17.76.040 (p. 443) delete (B).
17.12.010 Add section Residential Estates 22,000 (RE-22,000)
17.12.040 Add section Residential Estates 22,000 (RE-22,000) Zone: This zone is
intended to provide oflow-density, single-family, residential development in areas near
or adjacent to the City that are served by either central water or sewer systems.
Table 17.16.010 Add column for RE-22,000