HomeMy WebLinkAboutCity/County Planning Board Minutes 04.01.2004DRAFT
MINUTES
LAUREL CITY-COUNTY PLANNING BOARD
APRIL 1, 2004 7:00 PM
CITY COUNCIL CHAMBERS
MEMBERS PRESENT:
OTHF, RS PRESENT:
Kate Stevenson, City Rep.
Dong Poehis, City Rep.
Dick Fritzler, City Rep.
Cai Cumin, City Planner
Cheryll Lund, City Secretary
Because there was not a quorum there was no official business conducted although the advertised
public hearing was held on the proposed moratorium on land use changes involving livestock in
the Residential Tracts Zoning District.
Cai passed out proposed changes to the RT zoning code (at~ached) and suggested that the board consider
changing the code instead of putting a moratorium in place.
Public Hearing- Moratorium on RT Zoning District
Rick Flannigan of 1336 E. Maryland spoke. He would like to see the board hold offon putting a
moratorium in place, but if they do put a moratorium in place he would like it to be for no longer than 2
months. He praised Cai Cumin for the effort he put into the proposed changes to the RT zoning and was
happy that tiffs whole situation seems to be getting done faster than he anticipated. He plans to take the
proposed changes to the homeowners in the High Point Subdivision and get comments and input from
them. He is concerned that there could be some negative monetary effect to the people that plan to sell
their pmpetty within the very near future.
Terry Casey, W. 9th Street spoke. She stated that almost everyone on her street have horses and she
feels that they are probably unaware of any zoning that exists regarding horses and livestock. She was
not aware of it herself until she read about the situation that came up in High Point Subdivision. She
plans to take the information regarding the proposed zone changes to her neighbors. She questioned the
grandfather issue?
Doug Poehls, acting chairman, explained what he knew regarding the High Point Subdivision. The
covenants for High Point were fried in 1972 or 1973, which included being able to have a horse on a 1-
acre lot. In 1978 the legislature gave the city the ability to go out 1-mile beyond their city limit lines to
establish zoning. At that time the city put their zoning into effect which did not allow livestock unless
the property consisted of over 5-acres. Zoning codes overrule covenants so essentially everyone that
had horses or livestock on less than 5-acres was in violation of the codes. The problem is that the city
only acts on violations when they receive a complaint. The first complaint was the lady on E. Maryland
that had over the allowed livestock and was in violation of both city zoning codes and covenants. The
point ora moratorium would be to stop any requests for variances during the moratorium and allow the
city a chance to re-evaluate the zone and effect any necessary changes. The public hearing is a way to
get input from the people that will be affected by the changes.
Buck Wold, (didn't state his address) asked how this moratorium would affect the Agricultural Zoning.
Doug Poehls stated that the agriculture zoning is not being addressed at this time.
David Bare, W. 4th Street spoke. He wondered what the best zoning would be for his land situation? He
has a menagerie oflivestuck on 7.6 acres.
Cai stated that he could have 14 animal units on'that amount of land and that Mr. Bare would have to
compare how many livestock units he has with what he is allowed to have.
Rick Flannigan, ~336 E. Maryland, asked how they (High Point Subdivision residents) could go about
having input on the zoning changes?
Cai stated that he would take the proposed zone changes to the City Council workshop and see if the
Council would recommend that the board forego a moratorium and consider the proposed zone changes.
If so, then the Planning Board will hold a second public hearing and get input from the residents. The
Planning Board can decide whether or not to consider the input and incorporate it into the zone changes.
It would then vote on the matter and that recommendation would be taken to the City Council. The
Council would then hold a public hearing of it's own. Cai stated that they need to watch the paper for
notices of when the public hearings would be held.
Rick Flannigan stated that he likes the changes he sees but wanted Cai to comment on any "downside",
if any, that he could foresee because of the proposed changes.
Cai stated that one downside would be to the people that don't want animals allowed in the zone. But in
Cal's experience if you wait for everyone to be satisfied no changes will ever occur.
Question on what a moratorium is?
Doug poehls stated that they were asked to place a moratorium on variance issues. In other words, when
a moratorium is in place, no one would be able to vary from what is in place at this time, just as no one
would be considered in violation, until the moratorium is lifted.
Question on how it is enforced?
Doug stated that at this time there is no enforcement done unless the city receives a complaint. At that
time the complaint would be pursued.
Cai stated that zoning violations are misdemeanors.
The public hearing was closed at 7:30 pm.
Res, pectfully submitte~d, /),
~ecret~
2
17.08.640
at, in or adjoining a private residence where
hunting dogs or other dogs or eats are kept for
the hobby of the householder in using them in
shows or field or obedience trials or for the
guarding or protecting the householder's prop-
erty. The occasional raising ora litter of pup-
pies or kittens at the kennel should not change
the character of residential property (no more
than one litter of puppies or kittens shall be
allowed in a calendar). In residential districts
each household shall not possess mom than
two adult dogs or eats (an adult dog or cat is
heroin defined as any dog or cat over the age
of twelve months.) (Prior code § 17.20.315)
17.08.650 Livestock.
"Livestock" means horses, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules,
llamas, etc. (Prior code § 17220.320)
17.08.651 Livestock uaits.
"Livestock units," for the purposes of this
title, shall be defined as follows:
Livestock Livestock
Class Units
Cow, mature 1.00
Cow with calf 1.00
Bull, mature 1.25
Bull, yearling .67
Calf, weaned .60
Calf, under six months 25
Steer, one-year old .70
Steer, two-year old .90
Steer, three-year old 1.00
Heifer, one-year old .67
Heifer, two-year old .85
Heifer, three-year old 1.00
Horse, mature . ~.r~, I, o 0
Horse with colt 1.50
Colt, weaned .75 /~'
Ewe, mature .20
373
Livestock Livestock
Class Units
Ewe with lamb .20
Lamb, weaned .10
Lamb, under six months .2*0
Ram, mature .50
Goat, mature .20
Goat with kid .20
Kid, weaned .05
Kid, under six months .10
Hog, mature .50
Hog, weaned .20
Fowl: hens, roosters, or
ducks .25
Fowl: turkeys or geese .50
Livestock units for animals not listed heroin
shall be determined by the planning director.
(Ord. 96-5 (part), 1996) [
17.08,670 Lot.
"Lot" when used alone, means, unless the
context clearly indicates otherwise, "zordng
lot" as defined in this rifle. (Prior code
§ 17.20.33O)
17.08.680 Lot, comer.
"Comer lot" means a zoning lot at the junc-
tion of and abutting on two or more intersect-
ing streets when the interior angle of intersec-
tion does not exceed one hundred thirty-five
degrees. Any zoning lot adjoining a curved
slreet at a point where the s~eet boundary de-
scribed an arc subtended by an angle of one
hundred thirty-five degrees or less, shall be
considered a "comer lot.~' (Prior code
§ 17.20.335)
17.08.690 Lot depth.
"Lot depth" means the mean horizontal
distance between the front and rear lot lines,
(Laurel 7-02)
17.i2.020
G. PUD -- Planned Unit Development;
H. RP -- Residential Professional;
I. NC --Neighborhood Commercial;
J. CBD -- Central Business Disu'ict;
K. CC -- Community Commercial;
L. HC --Highway Commercial;
M. L1 -- Light Industrial;
N. HI -- Heavy Indus,'iai;
O. AP -- Airport;
P. FP -- Floodplain;
Q. P -- Public;
R. SR -- Suburban Residential Zone;
S. RT--Residential TmctsZone. (Ord.
014 (part), 2001; Amended during 4-97
supplement; prior code § 17.24.020)
17.12.030 Agricultural-open space
(AC) zone~
The agricultural-open space zone is in-
tended to preserve land for agricultural and
related use. Land within this zone is usually
unsubdivided and with a minimum of roads,
streets, and other utilities. It may be culti-
vated acreage or land less suitable for culti-
vation, yet suitable for various agricultural
enterprises using the broadest scope of the
agricultural definition. Land within this zone
may be located adjacent to highways and
arterial streets. The AC zone is further in-
tended to discourage the scattered intrusion
of uses not compatible with an agricultural
rural environment. (Prior code
§ 17.24.020(A))
17.12.031 Suburban residential (SR)
This zone is limited to single-family resi-
dential tracts on a minimum of five acres of
land and on which agricultural uses may be
conducted with the exception that animal
units shall not exceed..fiv~per 5]ve acres (see
(Laurel 7-02)
382
"Livestock Units" in Section 17.08.651).
(Ord. 96-5 (part), 1996)
17.12.034 Residential tracts {RT)
zone.
This residential zone is designed for sin-
gl¢-family residential homes on a minimum
of one acre of
~ubu.-~an
17.12.0~0 Residential-7500 (R-7500)
ZOUO.
The residential-7500 zone is intended to
provide an area for medium, urban-density,
single-family, residential' environment on
lots that are served by a public sewer and
sewer system. (Prior code § 17.24.020(C))
17.12.060 Residential-6000' 01-6000)
The residential-6000 zone is intended to
Livestock is limited to two livestock
un/ts per acre with additional units
allowed per additional half-acre
increments in conformance with
Section 17.08.651 of this Ordinance.
No livestock is allowed in the City
limits, and all livestock must be
removed when annexation occurs.
17.55.040
17-~6.040 AppUcability when
building damaged or
dastroye&
A. If any building in wl~ch there is a
nonconforming use is damaged by fire,
flood, explosion, wind, war or other catas-
trophe, in an amount extual to or greater
than fifty percent of its assessed valuation,
it shall not be again used or reconstroct~d
to be used for any use except one comply-
lng with the provisions oftl~s tifleinwhich
it is located.
B. In addition, repairs and ma/nto-
nanco work may be carried out each year
in an amount not to exceed twenty-five
percent of the assessed value of the build-
lng for that year. Such repairs and mainte-
hartco work shall not increase the cubical
content of the building, nor the floor area
devoted to the nonconforming use. Nor
shall it increase the munb~ of dweili-5
units provided in a building.
C. Nothing in this chapter shah be
deemed to prevent the sttaagthening nor
r~pe~r of a building which may be nec~-
sary to rastore the building to a safe con-
ditinn or to improve the sanitary condi-
tions of the building;, provided, that ~uch
strengthening and repair may not be used
to restore a building to the prov~ons of
Section 17.~5.040 of th~ chapter. (l~or
code § 17.5 .010(B) Coart), (¢))
17.56.050 Restr/ctious on moving
building.
Any building in which there is a non-
1756.070 Discontinuance.
.. A. If for any reason a nonCOnformim!
~_~wi~ns o~f t '!~is/title for ~he
distrint~ 'b.~T~e'l~md i~[ocated.
use fo: a continuous
in, ,hall thiner n~t be'h d except in
for in wh h the is
io~/ted. (Pr/or code § 17.54.010(F)) ~'~
~.I£ for any reason a nonconforn~Jng
use ceases for a period of six months
any new use must conform to thc
/provisions or,his ~i~le for the district
in which ~he use occurs, and the
nonconforming use no longer
allowed.
conforming use shsll not be moved unless
it is moved to a district in which the use for
wMCh the buildingwas de~i~o~ ed/sperm/t-
ted by this title. If any building in which
there is a nonconforming use is moved any
distance whatsoever, the building shall
thereafter be used on/y/n compliance with
the prov/siom of this title for the distr/ct
in which it is located. (Prior code §
17.54.0~0(D))
17.56.060 Continuance and chang~
A nonconforming use may be contin-
ued in accordance with the provisions of
this chapter, but it shall not be changed to
any other use except the one which would
be permitted as a new use in the district in
which the building is located. (l~ior code
431