Loading...
HomeMy WebLinkAboutCity/County Planning Board Minutes 11.07.2002 MINUTES LAUREL CITY-COUNTY PLANNING BOARD NOVEMBER 7, 2002 7:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: OTHERS PRESENT: Gerald Shay, Chairman Doug Poehls, City Rep. Kate Stevenson, City Rep. Clarence Foos, County Rep. Betty Hart, County Rep. Laurel Haggart, City Rep. Steve O'Neil, City Rep. Cal Cumin, City Planner Cheryll Lund, City Secretary Cindi Gratwohl Bud Johnson Motion by Laurel Haggart, second by Kate Stevenson to approve the minutes of the October 3, 2002 meeting. Motion carded. Motion by Betty Hart, second by Laurel Haggart, that the Planning Board go on record to state that there are no violation of ethics or honesty by Cai Cumin or Steve O'Neil, in regards to a statement that was made by Mark Peterson at the October 3, 2002 meeting during an open discussion on the Mogan Soccer Complex (page 3, paragraph 3). Motion carried. Proposed Temporary. Use Permit - Mountain Express Coffee Kiosk - 10 S. 5th Avenue - Cindi Gratwohi The proposed kiosk will be located in the parking lot of Helena Chemical at 10 S. 5th Avenue. The parking lot is paved and the building will be the same size as the Mountain Mud kiosks that are located in Billings. She will be serving only coffee drinks, no food. The building has water tanks for fresh and used water. Her hours will be Monday through Friday 6:00 am to 5:00 pm and 7:00 am to 2:00 pm on the weekends. Those hours could change depending on how well the business does or doesn't do. There will be 3 people employed at the business. Cai recommends approval for the kiosk subject to receiving a letter from Helena Chemical with a landscaping plan and implementation schedule. Helena Chemical has been in that building for many years, and the landscaping that was required of the original building plan has never been implemented. The City has contacted Helena Chemical several times regarding landscaping and has never seen anything done. Cai recommends that the kiosk not be given a business license until the City receives a landscaping plan and implementation schedule from Helena Chemical. Cindi stated that in her conversation with Helena Chemical they did say they have plans for planting trees on the boulevard. Discussion by board. Motion by Kate Stevenson, second by Doug Poehls, to approve the temporary use permit for the Mountain Express Coffee kiosk to be located at 10 S. 5th Avenue, subject to receiving a landscaping plan and implementation schedule from Helena Chemical, before a business license is issued. Motion carried 5-1. Mayor Bud Johnson extended an invitation to the Laurel Planning Board from the City of Billings Plarming Board to have a joint meeting. They have given 2 possible dates of November 21st or November 26th. There is a council workshop on November 26th, so Bud and Doug Poehls would not be able to attend the meeting if it was scheduled for that day. Bud encouraged the board members to attend this meeting. It was the consensus of the board that the meeting date of November 21st would be the best. Bud will contact the City of Billings Planning Director and confirm the date with her and then contact Chairman Gerald Shay with the details. Growth Management Plan This is a plan that is required by state law to be done by each incorporated city by October 1, 2000. The Attorney General stated on September 27, 2002 that community's that do not have a Growth Management Plan in place cannot enfome their subdivision and zoning laws. There are some variances to that. You can enforce the law's that are on the books but you cannot change them. A Growth Management Plan (GMP) will update and replace the Comprehensive Plan that was done in 1978. This was presented to the city in February, as a budget need. At the time they didn't fund it, but since the Attorney General's required this be done the Mayor has given Cai the go ahead to work on the plan. (see attached plan) Cai will use various experts to complete certain phases of the GMP to include using Rocky Mountain College business school expertise to do gather and analyze date. He hopes to have RMC make a presentation at our February meeting. As items on the plan are finished Cal will bring them before the board for review. He is hoping to get the entire plan done within six months time. The document will be available on the City of Laurel web page. 2 Temporary. Use Permits - Proposed Changes to 17.49 Cai is proposing some changes to the Temporary Use Permits process (see attached). At this time the ordinance reads that the Planning Board is the approval authority for these applications, instead ora recommendatory board to the City Council. In the process of going through the chapter Cal found other wording that needs to be changed. He will do a final draft and it will be discussed at a future meeting. MisceHaneous Cai would like the board to review Table 17.20.010 of the Zoning Ordinance that shows allowable uses in zoning districts. Cai states that there should be more flexibility built into the table. The December meeting will be held on the 5~ at 6:30 pm, after which the meeting will move to Betty Hart's house for a Christmas party honoring Commissioner Ziegler who is being replaced January 1st. More details will be given out, as the date gets closer. The meeting was adjourned at 8:10 p.m. Respectfully submitted, ~ecretary Page CITY OF LAUREL TEMPORARY USE PER3/IIT 2. 3. 4. 5. Address of applicant: ID% /z~, ~, Proposed add,'ess of business/temporal'use: (°c~e,~ Type of temporary, use __ Group 2 Temporary. Use. Tltis group consists oftemporm'y uses of property, continuing tbr longer than forty-cleat (48) but less than thirty (30) days. Examples of Group 2 Tempow. ry Uses are carnivals, circuses, Clu-istmas tree sales, em. ~- Cn-oup 3 Temporary Use. Th/s group consists of temporary uses of property, co~rdnuing Ibr longer thma ~'hJrty (30) clays but less li~an one (1) year. a. The ~bllowing temporary uses may be allowed ha fills group: (1) geenhouses or other similar seasonal-oriented uses. as determined by the Planning Board, shall be exempt fi"om below subsection (b) Location mad Time Restrictions; or (2) Other uses, such as cmTyout expresso stands, as allowed in the appropriate zoning districts. b. Location and Time Restrictions. (1) Any Group 3 temporary_ use/slrucmre e.'dsting upon adoption of this chapter, shall be deemed a legal noncontbnrang use..All e~sting legal Group 3 nonconibrming te~uporat-y uses/stn~ctures, as of the effective date of this chapter or any a~mendment hereto, shall be removed or become a pemzanent use by compl.ving with the Uniform Building Code, size development standards, and any other federal, state, or local requirements withi~a r~vo (2) years fi'om tile date of rile enacllnenZ of tkis chapter or ally amendment hereto. (2) The owner/operator may, at m~y time du,ing file ~vo (2) ,.,ears as a Group 3 temporary use. become a permanent use by complying with the ~hfiibnu Building Code, site development standards, and mzy oilier f~deral, state, or local requirements. (3) _kny Group 3 temporal., use,'strucmre wkich does not exist upon adoption of this chapter shall meet the supplemental stm~dards in below subsection (c) and shall also be removed wlaen tile two (2) year amortiza*ion period in above subsection (1) exph'es. Page 2 o~ 2 6. S~andards: a. T~vo (2) signs not to exceed third-two (32) square f~et in area and eight (8) ~ket in height shall be allowed, excludin_~ A-frame signs, mud shall be removed along with the ~mporary use ~vhen the approved ti~e limit or temporary use/structure perrrdt has expired. b. The temporary use must provide sufficient space to accommodate the structure and off-s~eet parking for customer and use-related vehicles. The parking area. driving lanes, and egress~h~gress shall be paved, and the site shall be approved by the Ciw Engineer if within the municipal limits of Laurel or by the County Office of Public Worlds if located outside of Laurel but with/~ its one (1) mile zoning jurisdiction. c. Clear sight vision Ibr site ingress and egress shall be provided as approved by the Ci~ Engineer if witt~n the Laurel mmficipal limits or bv lhe County Office of Public Works it' outside of Laurel but within its one (1) mile z~ning jurisdiction. d. Access to public right-of-way shall be approved by the City Engineer if wit[fin the municipal limits of Laurel or by ~e Counlv Office of Public WZorks i£ outside of Laurel but wittSn its one (I)mile zoniJg jurisdiction. e, Application for a temporary use/slructure permit shall be ~nade at the Ci~ Public Works Dep,'m~nent to the planm~g Board at least one (1) month ahead of the Planning Board's re~malarly scheduled mee~g date accompanied bv a one lamdred dollar ($100) application review fee. ' 7. Permit required: Betbre any Group 2 or Group 3 Temporary. Use or Structure is established the property owner shall obtain a temporary, use/slructnre permit, as delineated ahove. In addition, the proper~y owner shall post a fifteen hundred dollar ($1,500) money order or cashiers check with the Ci!y of Laurel to ensure timely removal of the use and)or structure. 8. A copy of the site plan showing the above re~'erenced requirements must accompany lttis application. 10. Approval of proposed plan by Ci,ty Engineer/Coun~ Public Works Office: .~er approval by llae Plamin~g Board. applicant needs to obtain a business license ~om the Ci .ry. Nov 08 OE 0S:24a Cumin Rssociates 406-2~5-58~3 CITY HALL 115 W. lST .ST, PUB WORKS: 628-4796 WATER OFC: 625-7431 COURT: 628-1964 FAX: 628-2241 November 8, 2002 City Of Laurel P.O. Box 10 Lauxel, Montana 59044 PLANNING DEPARTMENT Ms. Cindi Gratwohl 108 24th Avenue West Laurel, MT 59044 Dear Ms. Gratwo~: Prior to granting a City business license as part of the approval of a temporary use permit for your Mountain Express Coffee in the parking lot of Helena Chemical, the City needs a statement bom Helena Chemical as to when they are going to complete the landscaping for that portion of the street boulevard of their property between your ingress and egress points. Helena Chem/cal is aware oftbe need to landscape this area but has not accomplished it in the lengthy time they have been at this location. Now a further inaprovement (your business) is being put on the site. /Tlmnk~u for en~on to this matter, and good luck with your business. Cai Cumin, AICP Planning Director City Attorney City Public Works Director Helena Chemical City Of Laurel is an EEO Employer Equal Housing Oppommfiy GROWTH MANAGEMENT PLAN (Required by State law--by October I, 2000) 76-1-601. Growth policy -- contents. (1) The plarming board shall prepare and propose a growth policy for the entire jurisdictional area. The plan may propose ordinances or resolutions for possible adoption by the appropriate governing body. (2) A growth policy must include: (a) community goals and objectives; Co) maps and text describing an inventory of the ex/sting characteristics and features of the jurisdictional area, including: (i) land uses; (ii) population; (iii) housing needs; (iv) economic conditions; (v) local services; (vi) public facilities; (vii) natural resources; and (viii) other characteristics and features proposed by the planning board and adopted by the governing bodies; (c) projected trends for the life of the growth policy for each of the following elements: (i) land use; (ii) population; (iii) housing needs; (iv) economic conditions; (v) local services; (vi) natural resources; and (vii) other elements proposed by the planning boa_rd and adopted by the governing bodies; (d) a description of policies, regulations, and other measures to be implemented in order to achieve the goals and objectives established pursuant to subsection (2)(a); (e) a strategy for development, maintenance, and replacement of public infrastructure, including drinking water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities, roads, and bridges; (f) an implementation strategy that includes: (i) a timetable for implementing the growth policy; (ii) a list of conditions that will lead to a revision of the growth policy; and (iii) a timetable for reviewing the growth policy at least once every 5 years and revising the policy if necessary; (g) a statement of how the governing bodies will coordinate and cooperate with other jurisdictions that explains: (i) if a governing body is a city or town, how the goveming body will coordinate and cooperate with the county in which the ciN or town is located on matters related to the growth policy; (ii) if a governing body is a county, how the governing body will coordinate and cooperate with cities and towns located within the county's boundaries on matters related to the growth policy; (h) a statement explaining how the governing bodies will: (/) define the criteria in 76-3-608(3)(a); and (ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria in 76-3-608(3)(a); and (i) a statement explaining how public hearings regarding proposed subdivisions will be conducted. (3) A growth policy may: (a) include one or more neighborhood plans. A neighborhood plan must be consistent with the growth policy. (b) establish minimum criteria defining the jurisdictional area for a neighborhood plan; (c) address the criteria in 76-3-608.(3)(a); (d) evaluate the effect of subdivision on the criteria in 76-3-608(3)(a); (e) describe zoning regulations that will be implemented to address the criteria in 76- 3-608(3)(a); and (f) identify geographic areas where the govern~g body intends to authorize an exemption from review of the criteria in 76~3-608(3)(a) for proposed subdivisions pursuant to 76-3-608. (4) The planning board may propose and the governing bodies may adopt additional elements of a growth policy in order to fulfill the purpose of this chapter. History: Ap. p. Sec. 31, Ch. 246, L. 1957; amd. Sec 12, Ch. 247, L. 1963; amd. Sec. 1, Ch. 156, L. 1973; Sec. 11-3831, [LC M. 1947; Ap. p. Sec. 3, Ch. 246, L. 1957; amd. Sec. 2, Ch. 247, L. 1963; amd. Sec. 1, Ch. 349, L. 1973; Sec. 11-3803, R.C.M. 1947; R.C.M. 1947, 11-3803(part), 11-3831; amd. Sec. 8, Ch. 582, L. 1999. 76-3-608(3)(a): except when the governing body has established an exemption pursaant to subsection (7) or except in 76-3-505, the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety; 17.49.010 Chapter 17.49 TEMPORARY USES AND STRUCTURES Sections: 17.49.010 17.49.020 17.49.030 17.49.040 17.49.050 17.49.060 17.49.070 Intent. Temporary uses in nonresidential zoning districts. Christmas tree sales in residential and agricultural district~ Roadside stands. Fireworks stands. Construction or construction equipment sheds. Temporary use/ structure permit required. 17.49.010 Intent. The deft_nil/om found in this chapter for temporary uses and stmcturns shall be used to regulate same, and ali uses contained in temporary structures shall be considered temporary uses and must comply with th/s section. Ali temporary uses or structures must also comply with the Uniform Fire Code, Laurel requirements for ingress and egress, and other applicable codes in exis- tence at the time of the adoption of this chapter. This chapter shall not apply to sidewalk vendors. (Ord. 96-5 (part), 1996) 17.49.020 Temporary uses in nonresidential zoning districts. A. Group 1 Temporary Uses. This group consists of temporary uses of property continuing for less than forty-eight horns. Such uses are exempt from this chapter. B. Group 2 Temporary Uses. This group consists of temporao' uses of property con- tinuing for longer than forty-eight hours but less than thirty days. 1. The following are examples of Greup 2 temporary uses: carnivals; circuses, Christmns tree sales, etc. 2. Supplemeraal Standards. a. Two signs not to exceed thirty-two square feet in ama and eight feet in height shall be allowed, exuluding A-frame signs, and be removed along with the temporary use/structure when the approved time limit or temporary use/structure permit has ex- pired. b. Clear sight vision for ingress and egress shall be provided as approved by the city engineer.2~ .. :~;2: 2.a'~_ .~_' ~-:.--"z:--~, ' c. Access to any public fight-of-way must be approved by the city engineer. ~ .................... v~ l'._..to ,,. Lj 1.1,~ ¢I:XUIL'5 .... ~ -'"'"'- u 0 .... ~ C::::ido 0f d. Application for a temporary use/ s~ucture~, permit shall-be made at the city public works deparlment to the planning board at least one month ahead of the plan- ning board's regularly scheduled meeting . C. Group 3 Temporary Uses. This group consists of temporary uses of property con- tinuing for longer than thirty days but less than one year. 428 17.49.030 A. The sale must be conducted on a church or school parking lot premises which provide sufficient space to aeeommedate the Christmas trees and off-street parking for customer and other sale-related vehicles. B. One sign not to exceed thi~-two square feet in area shall be allowed for this temporary use, and such sign shall be re- moved along with the temporary use and structure when the approved time limit or temporary use/structure permit has. expired. C. A business liceuse must be obtained by the operator if located within the Laurel manicipel'limits. (Ord. 96-5 (part), 1996) 17.49.040 Roadside stands. The sale of flowers or produce at tempo- rary roadside stands shall be allowed when all of the following restrictions arc met: A. Only items produced on the premises may be sold on the premises; B. Any structure used must be portable and removed after the temporary use/stroc- ture ceases to operate; C. One sign not to exceed thirty-two square feet in area shall be allowed, and such sign shall be removed when the use D. The use must provide sufficient space to accommodate the stand and off-st~eet parking for customer and other sale-related vehicles off the public right-of-way; and E. Clear vision ingress and egress to the area must be provided. (Ord. 96-5 (part), 1996) 17.49.050 Fireworks stands. The erection of temporary fireworks stands may be permitted if such meet the following standards: A. Located outside the municipal limits of Laurel and in nonresidential zones; B. Two signs not to exceed thirty-two square feet in area each are allowed, and such signs must be removed along with the temporary use and structure when the ap- proved time limit expires; C. The stand must provide sufficient space to accommodate the stand and off- sUeet parking for customer and sale-related vehicles off the public right-of-way; and D. The appropriate penuits are received from county departments. (Ord. 96-5 (part), 1996) 17~49.060 Construction or construction equipment sheds. The temporary use of buildings or modu- lar homes for offices or equipment sheds during construction projects may be permit- ted in any zoning district. A temporary use/structure permit is not required if the structure is part of an approved consU-uct/on project. Any such sWacture cannot be used for sleeping or living purposes and must be removed upon completion of the construc- tion project. (Ord. 96-5 (part), 1996) 17.49.070 Temporary me/structure permit required. Before any Group 2 or Group 3 tempo- rarymse-or'stmctme-i~--established the prop- erty owner shall obtain a temporary use/ structure permit, as delineated above. In addition, the property owner shal/ post a one thousand five hundred dollar money order or cashiers check with the city to ensure timely removal of the use and/or structure. (Ord. 96-5 (part), 1996) (~1 5-97) 428-2 17.49.020 1. The following temporary uses may be allowed in this group: a. Greenhouses or other similar season- al-oriented uses, as determined by the plan- ning board, shall be exempt from subsection (C)(2) of this section; or b. Otheruses, such as carryout espresso stands, as allowed in the appropriate zoning districts. 2. Location and Time Resn'ictions. a. Any Group 3 temporary _use/sa'uctare existing upon adoption of this chapter, shall be deemed a legal nonconforming use. Ali existing legal Group 3 nonconforming tem- porary uses/sUmctures, as of the effective date of this chapter or any amendment hereto, shall be removed or become a per- manent use by complying with the Urdform Building Code, site development standards, and any other federal, state or local require- merits within two year~ from the date of the enactment of this chapter or any amendment hereto. b. The owner/operator may, at any lime during the two years as a Group 3 tempo- rary use, become a permanent use by com- plying with the Unifonn Building Code, site development standards, and any other feder- al, state or local requirements. c. Any Group 3 temporary use/structure, which does not exist upon adoption of this chapter shall meet the supplemental stan- dards in subseclSon (C)(3) of this section and shall also be removed when the two- year amortization period in subsection (C)(2)(a) of this section expires. 3. Supplemental Standards. (a) Two signs not to exceed thirty-two square feet in area and eight feet in height shall be allowed, excluding A-frame signs, and shall be removed along with the tempo- rary use when the approved time limit or temporary use/structure permit has expired. b. The temporary use must provide sufficient space to accommodate the su-uc- rare and off-street parking for customer and use-related vehicles. The parking area, driv- ing lanes, and egress/ingress shall be paved, and the site shall be approved by the city c. Clear sight vision for site ingress and egress shall be provided as approved by the city engineer. d. Access to public right-of-way shall be approved by the city engineer, if,.~,~-thim-- e. Application for a temporary use/ structure permit shall be made at the city public works department to the planning board at least one month ahead of the plan- ning board's regularly scheduled meeting date, a.¢~,,,~,~,,~d~d by a uric ~sm~m~u aurar 17.49.030 Christmas tree sales in residential and agricultural districts. In any residential district and in the agricultural district, the temporary use of land for Christmas tree sales may be a/- lowed for a period not to exceed thirty days when all of the following restrictions are met: 428-1 0~ s-97) 17.49.080 Action by Laurel City Council. After the Planning Board has reviewed an application for temporary use, it shall make a recommendation to the City Council to approve, deny, or approve with conditions. The City Council shall approve, deny, or approve with conditions the application. If approved or if approved with conditions, the applicant shaLl then obtain a City business license prior to operating business. CHANGES TO THE APPLICATION FORM Add a new paragraph 5 (and renumber remaining paragraphs accordingly) "Name and signature of property owner of record." Delete references to County Public Works. Add to paragraph 7 (now 8): "The $1,500 must accompany the application when submitted to the Planning Board. Iftbe application is denied the $1,500 shall be returned to the applicant; however, the application review fee will not be returned." Change paragraph 10 (now 11) to read: "At~er recommendation by the Planning Board, the application shall be forwarded to the City Council for final action. The applicant must appear before the City Council to answer any questions the Council may have." Add paragraph 12: "Atter approval by the City Council, the applicant must obtain a business license from the City."