HomeMy WebLinkAboutCity/County Planning Board Minutes 04.02.2015 1
MINUTES
LAUREL CITY-COUNTY PLANNING BOARD
April 2, 2015 10:00 AM
COUNCIL CHAMBERS
MEMBERS PRESENT: Kathy Siegrist, Chairman
Shirley McDermott,City Rep.
Greg Nelson, Member-at-large
Dan Koch,City Rep.
Judy Goldsby,County Rep.
Hazel Klein,City Rep.
OTHERS PRESENT: Monica Plecker, Laurel Planning Director
Cheryll Lund, Laurel City Secretary
Dave Bequette, Laurel, Mt.
Laurie Riemann, 3047 Golden Acres Dr., Billings, Mt.
Richard Herr,501 7th Ave, Laurel, Mt.
Dave Moody, 814 W.9th St., Laurel, Mt.
Rachel Bolenske Ward, 903 10th Ave., Laurel, Mt.
Sharon Bolenske,712 8th Ave#22, Laurel, Mt.
Bryan Wood, 908 W. Main, Laurel, Mt.
Jerry Jones,908 W. Main, Laurel, Mt.
Call to Order: The meeting was called to order at 10:00 am by Chairman Siegrist.
Roll Call: Members present were Koch,Goldsby, McDermott, Klein, Nelson and Siegrist.
Approval of Minutes from previous meeting: A motion was made by Dan Koch and seconded by Judy
Goldsby to approve the minutes from the March 5,2015 meeting. Motion carried by a vote of 5-0.
New Business: Public Hearing:Special Review 601 E.Main Street
Chairman Siegrist opened the public hearing at 10:02 am.
Planning Director Monica Plecker spoke. Dave Bequette of High Plans Brewing has submitted an
application for special review. The affected property is located at 601 E. Main Street in the City of
Laurel. The parcel is zoned Central Business District. The applicant is requesting a special review for the
sale of alcohol. The property is legally described as Laurel Realty Second SUBD,509,T02 S, R24 E, Block
14, Lots 7—10.
STAFF FINDINGS:
The parcel at 601 E. Main Street is 15,600 square feet and is currently unoccupied Commercial Space.
The proposed use is a Brewery. The existing zone is Central Business District.
Land located to the north is zoned Central Business District with a current land use of residential. Land
located to the South is zoned Light Industrial and its current land use is the railroad. Land to the East is
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zoned Central Business District and its current land use is Commercial. Land to the West is currently
zoned Central Business District and its current land use is Commercial.
1. The application and zoning map have been attached.
2. The application is requesting a special review from LMC 17.20.020 which states"cocktail
lounges, restaurants, bars and taverns"are only allowable by Special Review in properties zoned
Central Business District.
3. The sale of alcohol will occur at the proposed High Plains Brewery. LMC 17.20.010 states that
alcoholic beverage manufacturing and bottling is allowable in the Central Business District.
4. LMC 17.48.090 states that"No building,structure or premises shall be used for retail alcoholic
beverage sales unless:
1. The lot or parcel of land so to be used has a street frontage of at least 100'and an
average depth of at least 100'
2. A distance of 600' between property lines measured in a straight line from any building
that is primarily used as a church or school,or from a public park that contains a
children's playground or playfield.
a. Properties or establishments which are located in the Central Business District are
exempt from (sub)section 2"
This property has a street frontage of at least 100'and is exempt from further provisions in LMC
17.48.090 because it is zoned Central Business District.
S. The application was routed to all City Departments. No comments were received.
6. 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;
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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 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 portion of the lot not utilized for the building or hard surfaced parking shall be landscaped.
3. Any off-street parking must be paved.
4. Any patio area serving alcohol must be fenced in an appropriate fashion.
5. All signs shall comply with LMC 15.40.
PROPONENT(applicant):
Dave Bequette spoke. He is remodeling the building at 601 E. Main Street and opening up High Plains
Brewing. He had a hand in starting up Fat Jack's Brewery which was quite successful. Now that Fat
Jack's has closed his goal is to start up his own brewery. He plans to do it properly and expects it to be a
big improvement to Main Street.
The business will be open the hours the state mandates and closing time will be 8:00 pm. Their goal is
not to have intoxicated people. They are allowed to sell only 3 pints as is regulated by the State of
Montana. Their beer is a crafted specialty beer. He feels the business will be a great contribution to
Main Street and the City of Laurel. The business has a large following and will bring a good amount of
business to Laurel. He is excited at the prospect of this business as are many of the citizens of Laurel.
He stated that the goal of his business is to make a nice appearance and be a good neighbor to the
surrounding properties.
Chairman Siegrist read the public hearing rules to the board members and public.
Proponents: Chairman Siegrist asked 3 times if there were any other proponents wishing to speak in
favor of the Special Review. There were none.
OPPONENTS:
Opponents: Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition
of the Special Review.There were none.
Chairman Siegrist closed the public hearing at 10:06 am.
A motion was made by Judy Goldsby and seconded by Greg Nelson to recommend approval of the
Special Review for 601 E. Main Street with the following 5 conditions:
1. Property shall be kept free of noxious weeds.
2. Any portion of the lot not utilized for the building or hard surfaced parking shall be landscaped.
3. Any off-street parking must be paved.
4. Any patio area serving alcohol must be fenced in an appropriate fashion.
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5. All signs shall comply with LMC 15.40.
Discussion:
Shirley McDermott stated she likes the idea and is in favor of it.
Judy Goldsby also supports the project.
Hazel Klein asked if Dave Bequette planned to place a privacy fence along the alleyway so the neighbor
behind the business has some privacy.
Dave Bequette stated that closing the alley off with a privacy fence would restrict the business as far as
access for deliveries and services. He will consider putting up a fence on the affected neighbor's
property if it's deemed there is a need to do so.
Monica stated that alleys by definition in the municipal code are to serve as a secondary access for
services. Because of the type of business this is Monica feels that limiting the alley access on the
applicant's property with a fence would go against the purpose of an alley.
Chairman Siegrist asked for the vote. The motion to approve with the 5 staff conditions passed by a
vote of 5—0.
New Business(continued):PUBLIC HEARING SPECIAL REVIEW 908 W. MAIN STREET
Chairman Siegrist opened the public hearing for the Special Review at 10:15 am.
Planning Director Monica Plecker read her staff report to the board.
Bryan Wood of Wood's Powr-Grip,Co., Inc. has submitted an application for special review. The
affected property is located at 908 West Main in the City of Laurel. The Parcel is zoned Highway
Commercial. The applicant is requesting a special review for the expansion of a light manufacturing
business on a property zoned Highway Commercial. The property is legally described as Stouffer
Subdivision,S17,T02 S, R24 E, Block 2,and Block 3 and vacant alley S and Vacant ft Street South.
STAFF FINDING:
The parcel size is 3.298 acres and the existing land use is Light Manufacturing. The proposed land use is
more Light Manufacturing with the existing zoning being Highway Commercial.
Land to the north is zoned Highway Commercial with a current land use of residential. The land to the
south is zoned Heavy Industrial with a current land use of the railroad.The land to the east is zoned
Highway Commercial with a land use of Commercial. The land to the west is currently zoned Highway
Commercial with a land use of recreation fields.
1. The application, site plan, zoning map and aerial photo have been attached to the staff report.
2. An application for special review has been submitted for the "expansion of light manufacturing
in an area zoned Highway Commercial"
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3. LMC 17.20 010 states that"Manufacturing—light manufacturing not otherwise mentioned in
which no excessive fumes,odors,smoke, noise or dust is created" is allowable by special review
in Highway Commercial zoning designations. Laurel City Council voted on February 6, 1990 to
"accept the Planning Board's recommendation to approve the Special Review subject to Wood's
Powr-Grip monthly monitoring and reporting program of the effluents and chemicals used in the
plant, seconded by Alderman Collins." Minutes from the Planning Board and Council have been
attached to this staff report.
4. The proposed expansion is an addition to the current building. Expansion of the existing
footprint requires a new application for special review.
5. Light manufacturing and storage are proposed for the addition. Two overhead doors will be
installed that can serve truck traffic for delivery and unloading.
6. The application has been routed to all City departments and no comments were submitted.
7. 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 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.
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2. Any proposed buildings shall conform to the setbacks identified in LMC 17.10.020.
3. The applicant shall apply for a building permit.
PROPONENT(applicant):
Bryan Wood of Wood's Powr-Grip spoke regarding the application for Special Review for 908 West Main
Street.
Bryan stated that fortunately they have been experiencing healthy growth in their business and the
result is the need to expand the existing facility as well as position the business for continued growth. In
order to do that they are proposing a 17,500 square foot addition to the south end of their building
extending towards the interstate onto their existing lot. At this point it will be used for storage.
Proponents:
Chairman Siegrist asked 3 times if there were any other proponents wishing to speak in favor of the
Special Review. There were none.
OPPONENTS:
Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the
Special Review.There were none.
Chairman Siegrist closed the public hearing at 10:20 am.
A motion was made by Judy Goldsby and seconded by Dan Koch to recommend approval of the Special
Review for 908 W. Main Street with the following 3 staff conditions:
1. Property shall be kept free of noxious weeds.
2. Any proposed buildings shall conform to the setbacks identified in LMC 17.10.020.
3. The applicant shall apply for a building permit.
Shirley McDermott asked if this would impact the girls softball facility located at Woods'.
Bryan Wood stated it will affect the batting cages and they are working closely with the softball
organization regarding that matter.
Hazel Klein stated that Woods' Powr-Grip has been a great neighbor in all the years they have been in
business in Laurel and she is in support of this Special Review for expanding the business.
Monica stated that allow this expansion on Woods' Powr-Grip this falls in line with the Growth
Management Policy.
At this time Chairman Siegrist called for the vote. The motion carried by a vote of 5—0.
NEW BUSINESS(continued): PUBLIC HEARING ZONE CHANGE REQUEST 804 8TH AVENUE
Chairman Siegrist opened the public hearing for the zone change at 10:23 am.
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Planning Director Monica Plecker read her staff report.
Laurie Riemann has submitted an application requesting a zone change on a parcel located at 804
#1894,h
S, R24
Avenue in the City of Laurel. The parcel is described
off of 8th Avenue. The exist ng lande of Survey use is Residential,
Parcel 2. It is 1.14 acre in size with legal access zone change is Residential
Single Family Dwelling and existing zone is Residential Tracts.The proposed
Multi Family.
ned
Land to the north is zoned R-7500 with a land use multi familyhThe and to the eastsisozoned R-7500
Residential Multi Family with a land use of residential
with a land use of residential. The land to the west is zoned Residential Tracts with the land use of a
church.
STAFF FINDINGS:
1. LMC 17.72.030 requires a pre-application conference for persons or parties interested in
submitting an application for a zone change. A pre-application meeting was held prior to
submission of the application.
2. The application submittal,aerial map and zoning map are attached. No site plan has been
attached as it is not required for a zone change.
3. The property is adjacent to land currently zoned Residential Multi Family. Spot zoning is not a
concern.
4. The lot has existing legal and physical access provided from 8th Avenue which is a designated
urban route.
5. The Housing goals of the Laurel Growth Management Plan have been attached. This zone
change request would help to meet goals identified in the Growth Management Plan (2013).
This application is in compliance with the goals identified in the plan.
6. The application was routed to all City departments. Any comments have been attached to this
application.
7. As per the requirements of LMC 17.72.070,a public hearing on the matter shall be held before
the zoning commission before being heard by the Governing Body. As per B.of the section,
public notice was published in the Laurel Outlook and adjacent property owners were notified
by certified mail more than 15 days prior to the public hearing.
ATTACHMENTS TO STAFF REPORT:
Application Submittal
Aerial Map
Zoning Map
Housing Goals of the Growth Management Plan
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
A Public Hearing was held at the Planning Board meeting on April 2, 2015.
Monica stated that the application was sent through the City Departments for review. Public Works
Director Kurt Markegard submitted a letter stating he has reviewed the public utilities in the area he
found there is adequate water and sewer facilities for higher density lot coverage. Kurt also stated the
storm water discharge from higher density lot coverage should be expected.
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PROPONENT(applicant):
Laurie Riemann spoke regarding the application. She is the owner of the property at 804 8th Avenue.
There is currently a home,garage and shed on the south side of the property. She stated the property is
not listed for sale at this time. She is looking at the potential of the land and the possibility of how the
lot can make more housing available to the citizens of Laurel who would like to rent. This is why she
applied for a zone change to Residential Multi Family on this piece of property. There are no
construction plans at this time.
PROPONENTS:
Dave Bequette of PO Box 1147, Laurel, Montana spoke in support of the project. He stated there is a
need for multi-family units in Laurel and would fit into the neighborhood on 8th Avenue. There are
currently multi-family units in the 700 block of 8th Avenue. It will make a big improvement of this
property.
Chairman Siegrist asked 2 more times if there were any other proponents wishing to speak in favor of
the zone change. There were none.
OPPONENTS:
Chairman Siegrist asked if there were any opponents wishing to speak in opposition of the zone change.
David Moody of 814 W.9th Street spoke. He stated he is concerned that the people in the multi-family
housing senior citizen home will not get along well with renters with small children in the proposed
multi family units. He also stated that once the board says yes to multi family zoning the builders can
build whatever they want as long as they stay within the specifications of the zone without his say so.
He is concerned what the impact will do to the Laurel schools. He is concerned his property values will
go down. He is concerned with how it will affect his life and went on to state a six-plex is not a good fit
for the neighborhood.
Rachel Bolenske Ward, 903 10th Avenue spoke. She has concerns with her property value. She is also
concerned that if the board allows the zone change it will be continued on the property to the west of
this property owned by the Rock Church. She went on to state as it is right now both 8th Avenue and W.
9th Street are very busy and not patrolled well by the police. She is concerned with the speed and safety
of school children in the area.
Chairman Siegrist asked 2 more times if there were any opponents wishing to speak against this
proposed zone change. There were none.
Planning Director Monica Plecker spoke to several comments that were brought up during the public
hearing.
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As far as the concern with older folks living next to families with kids the zoning regulations aren't based
on relationships between neighbors and are not something that zoning takes into account or can
regulate.
As far as the concern about the neighboring property values going down that is not true, property values
go up when land is developed.
Chairman Siegrist closed the public hearing at 10:37 am.
A motion to recommend approval of the zone change with staff findings was made by Judy Goldsby and
seconded by Dan Koch.
Discussion
Hazel Klein asked how many units could be on the property.
Monica stated that Residential Multi Family is the zone which allows the highest density of units. She
read the definition of Residential Multi Family in LMC 17.12.080:
"The residential multifamily zone is intended to provide a suitable residential environment for medium
to high density residential dwellings; and to establish where possible, a buffer between residential and
commercial zones".
Hazel Klein stated that according to her calculations this 1.14 acre piece of property could have 20 units
or more.
Shirley McDermott asked what the parking would be like. Who reviews it and can the parking lot be
gravel.She also asked if this would be reviewed by Public Works and the Building department prior to
getting a building permit.
Monica stated that parking, utilities,storm water, landscaping and lot coverage would be reviewed in
depth prior to any building permit being issued.
Dan Koch stated according to LMC Table 17.16.020 there is no maximum height requirement for
buildings within the RMF zoning.
Shirley McDermott asked how many property owners were notified of the request for zone change and
the public hearing.
There was a general discussion on how the public receives notices for public hearings.
Monica stated that there were many letters sent out(verification by Secretary Cheryl) Lund shows 52
letters were sent out to neighboring properties for this application)all by certified mail. The notices give
information on the location of the property by legal description and by address and information on what
the request is. The notice states that the application is available for review at city offices along with the
name of the people to contact and phone numbers. There is also a line stating that written comments
can be submitted by mail.
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Hazel Klein asked if there could be more information on the notices sent to property owners and placed
in the paper.
Monica stated that she can put more information into the notices but sometimes that is more confusing
because of the large amount of information. She feels property owners should bear the responsibility of
gathering information when it has something to do with their own property.
Hazel Klein stated that while she knows there is a need for more housing in Laurel she feels this zone
change will cause impacts to traffic. She thinks the board needs to delay the application no more than
30 days so more research could be done in regards to the allowable number of units.
Shirley McDermott agrees with Hazel that the board needs to gather more specific information on how
many units could be allowed. Parking is also a concern.
Judy Goldsby asked if there were any other options such as changing it to R6000 or Residential Limited
Multi Family.
Monica stated that they have to approve or deny the application based on what the applicant asks for
which in this case is Residential Limited Family.
At this time the motion to recommend approval of the zone change with staff findings was voted on. It
failed by a vote of 0-5.
A motion was made by Hazel Klein and seconded by Judy Goldsby to delay the request for zone change
no longer than 30 days so that staff can gather more information on traffic, parking, number of housing
units that could be placed on 1.14 acres, and storm water information.The motion passed by a vote of
5-0.
There will be a special meeting held on Thursday,April 30, 2015 at 10:00 am to review and make a
recommendation on the zone change for 804 8th Avenue.
Monica reminded the public that the special meeting will not be a public hearing and no notices will go
out to the neighbors. Notice of the Special Meeting will be posted at City Hall Offices as per
requirements.
NEW BUSINESS(continued): PUBLIC HEARING; LMC 17.26.030 Location of District
Planning Director Monica Plecker read the proposed change to the location of the Entryway Zoning
District:
"The Community Entryway Zoning District(EZD)shall extend three hundred feet on either side of
Interstate 90 right-of-way as it extends through the Laurel Zoning Jurisdiction Area, an area that extends
outside the city municipal limits one mile. Specifically,along the interstate,the EZD shall extend as
described from the east limit of the extra-territorial zoning boundary west to the limit of the west extra-
territorial boundary. The district shall also include that area three hundred feet on either side of the
north extra-territorial boundary on Buffalo Trail Road south through Laurel on First Avenue where First
Avenue turns into US Highway 212-310".
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Chairman Siegrist opened the public hearing at 11:05 am.
PROPONENTS:
Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of the proposed
changes to LMC 17.26.030. There were none.
OPPONENTS:
Chairman Siegrist asked 3 times if there were any opponents wishing to speak against the proposed
changes to LMC 17.26.030. There were none.
Chairman Siegrist closed the public hearing at 11:06 am.
A motion to approve the changes to LMC 17.26.030 Location of District was made by Judy Goldsby and
seconded by Shirley McDermott.
Discussion:
This has been discussed and reviewed at the last 2 Planning Board meetings.
Chairman Siegrist called for the vote and the motion carried by a vote of 5—0.
NEW BUSINESS(continued): DISCUSSION: NEIGHBORHOOD ZONING MEETINGS
The issue of requiring applicants holding neighborhood meetings on all zone changes has been brought
up in the past and is being discussed tonight.
Monica contacted Nicole Cromwell of the City of Billings regarding the City of Billings and Yellowstone
County's requirement of neighborhood meetings held prior to an application for zone change.
Nicole told Monica that having a neighborhood meeting prior to a public hearing falls solely on the
applicant and City and County staff and Planning Board Members are prohibited from attending these
meetings, as it would be considered a conflict of interest by hearing input from the neighboring property
owners prior to the Planning Board public hearing.
Nicole also told Monica that a benefit of having neighborhood meetings is that there are less floor fights
during public hearings and the neighbors have better understanding of how the zone change could
affect their property.
Hazel Klein and Shirley McDermott feel neighborhood meetings make good sense.
Judy Goldsby stated that she feels requiring the applicant to hold a neighborhood meeting has both
pluses and minuses. The applicant could provide information that could mislead the neighbors.
Monica stated that when an applicant comes in pursuing a zone change there are things that are looked
at during that meeting as to if there will be an impact to traffic on roads and utilities hookups.This lot is
on an urban traffic route which means it can handle the traffic on the street. Public works also reviewed
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the application and determined it has water and sewer hookups available that can handle the added
volume from the number of maximum allowable housing units.
Monica added that maybe the board needs to discuss the density of housing that Residential Multi
Family allows and consider some changes.
Monica will add continued discussion of Neighborhood Zoning Meetings and discussion of density for
Residential Multi family zones to the May 7, 2015 meeting agenda.
Old Business: Update on CHS zone change request.
The board will review and hold a public hearing for a zone change for Cenex Refinery.
Miscellaneous:
There will be a special meeting on Thursday,April 30, 2015 at 10:00 am to discuss and make a
recommendation on the proposed zone change request for 804 8th Avenue. This will not be a public
hearing.
There will be a regular Planning Board meeting on May 7, 2015 at 10:00 am.
Public Comment on non-agenda items: None.
Adjournment:
A motion to adjourn was made by Judy Goldsby and seconded by Dan Koch to adjourn the meeting. The
motion carried by a vote of 5-0.
The meeting was adjourned at 11:55 am.
Respectfully submitted,
ex,
Cheryl! und, City Secretary