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HomeMy WebLinkAboutCity/County Planning Board Minutes 06.04.2015 MINUTES LAUREL CITY COUNTY PLANNING BOARD JUNE 4, 2015 10:00 AM CITY COUNCIL CHAMBERS MEMBERS PRESENT: Judy Goldsby,County Rep. Dan Koch,City Rep. Lee Richardson, County Rep. Shirley McDermott, City Rep. Greg Nelson, City Rep. OTHERS PRESENT: Monica Plecker, Planning Director Cheryll Lund,Secretary Tom Barton, Redneck Pizza Dave Moody, 814 W.9th Street Laurie Riemann, 804 8th Ave. Call to Order: The meeting was called to order by Vice-Chairman Judy Goldsby at 10:00 am. Roll Call: Koch, Richardson, McDermott, Nelson, and Goldsby. Approval of Minutes from previous Meeting:A motion was made by Dan Koch and seconded by Greg Nelson to approve the minutes of the May 7, 2015 meeting. The motion carried by a vote of 5-0. New Business: Public Hearing for Special Review for Redneck Pizza at 11 S.5th Avenue Vice-Chairman Judy Goldsby opened the public hearing at 10:03 am and read the rules of public hearing to the audience. Planning Director Monica Plecker presented the Special Review and staff report. Thomas Barton of Redneck Pizza has submitted an application for special review. The affected property is located at 11 S. 5th Avenue in the City of Laurel. The Parcel is zoned Central Business District. The applicant is requesting a special review for the sale of alcohol at an existing restaurant. The property is legally described as S16,T02 S, R24 E, C.O.S. 1841, Parcel 2, NW. Staff Findings The owner of the business is Thomas Barton. Legal description is described as S16,T02 5, R24 E, C.O.S.1841, Parcel 2, NW. The address of the business is 11 S. 5th Avenue. The property is 19,054 square feet in size. The existing land use is Redneck Pizza. The proposed land use is Redneck Pizza with the sale of alcohol. The existing zoning is Central Business District. Land to the north is zoned Central Business District with the land use being Eastlick Chiropractic. Land to the south is zoned Light Industrial with the land use being the railroad. Land to the east is zoned Central Business District with the land use being residential. Land to the west is zoned Central Business District with the land use being Helena Chemical. 1 The applicant 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. The sale of alcohol will occur at the existing Redneck Pizza business. LMC 17.48.090 states that"No building, structure or premises shall be used for the 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 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'of street frontage and is exempt from further provisions in LMC 17.48.090 because it is zoned Central Business District. 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 adjoining 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 the reasons therefor. 2 Staff Suggested Conditions: If the Planning Board recommends approval of the Special Review,the following conditions are suggested: 1. Property shall be kept of noxious weeds. 2. Any patio area serving alcohol must be fenced in an appropriate fashion. 3. All signs shall comply with LMC 15.40. A letter of support was received from Tim Casey. Monica read it into the record (see attached). Tim Casey is the owner of the property that Redneck Pizza is located on. Vice-Chairman Goldsby asked if there were any proponents wishing to speak in favor of the Special Review. PROPONENTS: Tom Barton,owner of Redneck Pizza spoke. He purchased the business in November of 2014. Since he has owned the business he has had many requests from his customers to serve beer and/or wine. He has applied to the State of Montana for a beer and wine license. Vice-Chairman Goldsby asked two (2) more times if there were any proponents wishing to speak in favor of the Special Review. There were none. OPPONENTS: Vice-Chairman Goldsby asked three(3) if there were any opponents wishing to speak in opposition of the Special Review.There were none. Vice-Chairman Goldsby closed the public hearing at 10:09 am. A motion was made by Shirley McDermott and seconded by Greg Nelson to recommend approval of the Special Review for Redneck Pizza with the three(3)suggested staff conditions: 1. Property shall be kept free of noxious weeds. 2. Any patio area serving alcohol must be fenced in an appropriate fashion. 3. All signs shall comply with LMC 15.40. Discussion: Shirley McDermott asked Mr. Barton if they will only sell beer and wine. Mr. Barton stated the state license will only allow them to sell beer and wine. Greg Nelson stated that the Dragon Palace across the street from Redneck Pizza sells beer and wine. He is in favor of this special review and suggested that there is no need for a 2nd public hearing before the City Council because there are no opponents at their public hearing. 3 Dan Koch and Shirley McDermott also stated that because there is nothing controversial and there is no public present in opposition there is no need for a second public hearing. The vote was taken and the motion passed by a vote of 5—0. Public Hearing—Proposed changes to Chapter 17.16.020 Residential Multi-family zoning: Vice Chairman Judy Goldsby opened up the public hearing at 10:17 am. Monica stated that at the last Planning Board meeting the board spent quite a bit of time considering changes to the Residential Multi-family zoning requirements. The board had quite a lot of discussion that resulted in last month's meeting of evaluating the codes as they relate to Residential Multi-family. In particular there are proposed changes on the square footage requirement for the number of units. There is also a proposal to add a maximum building height requirement of 40 feet for all buildings and a lot coverage reduction going from 55%to 45%. In comparing the difference between Residential Light Multi-Family and Residential Multi-family there seemed to be a discrepancy in what the code was suggesting by definition and what the numbers actually showed. Residential Light Multi-Family is"intended to provide a suitable residential environment for medium density(up to a four-plex) of residential dwellings". Residential Multi-Family 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" . Proponents: David Moody of 814 W.9th Street spoke. He met with the Planning Director prior to this meeting and they went over these proposed changes. He feels that these proposed changes are needed for more clarification and control. He is in favor of having maximum height requirements on buildings as well as less lot coverage. Laurie Riemann,804 8th Avenue spoke. She is in favor of the some changes to the RMF. She wants there to be enough difference between RLMF and RMF zoning but asked the board not to put too many limitations on it for people who want to come in to an appropriate area and build apartments.She is in favor of not having a blank slate. Vice Chairman Goldsby asked 2 more times if there were proponents wishing to speak in favor of the proposed changes. There were none. Monica stated that the proposed changes that the board meticulously calculated out do allow for a higher density than RLMF. Opponents: Vice Chairman Goldsby asked three (3)times if there were any opponents wishing to speak in opposition of the proposed changes. There were none. The public hearing was closed at 10:20 am. 4 A motion was made by Dan Koch and seconded by Greg Nelson to recommend approval of the proposed changes to RMF zone. Discussion: Shirley McDermott thanked the board for putting all the work into the proposed changes. Dan Koch stated he is glad there will be a maximum building height. Greg Nelson he was glad Public Works Director Kurt Markegard made a presentation at the previous meeting on groundwater issues and why it is necessary to limit lot coverage. The vote was called for and passed by a vote of 5—0. Old Business: Monica stated that the zone change requested by Laurie Riemann at 804 8th Avenue was approved on June 2, 2015 by the Laurel City Council. The zone changes requested by CHS Refinery were approved by the Yellowstone County Commissioners on June 2, 2015. There is a 30 day protest period prior to the Commissioners signing the final resolution of approval for the zone change. Miscellaneous: A motion was made by Dan Koch and seconded by Greg Nelson to add approval of the minutes from the special Planning Board meeting held on April 30, 2015 to the agenda. The motion carried by a 5-0 vote. A motion was made by Dan Koch and seconded by Greg Nelson to approve the minutes of the special April 30,2015 meeting as written. The motion carried by a 5—0 vote. Monica will be working for CTA Architects beginning June 8, 2015 while still working under contract with the City of Laurel until a new Planning Director can be hired. She is available by phone at 406-850-1225 or email address of mplecker@laurel.mt.gov. Gary Colley will be answering questions on zoning and Monica will still be working on subdivisions and plats. Monica thanked the board for letting her lead them the past 31/2 years. She has enjoyed her job and getting to know the board members. In her opinion the planning department has become very active and has accomplished a lot. She hopes the momentum continues. She appreciates that she has had the opportunity to work with the board. Vice Chairman Goldsby thanked Monica for guiding and educating the board these last 31/2 years. Dan Koch thanked Monica for bringing the board to where they are now. He feels the board made big strides with Monica as the Planning Director. 5 Public Comment on Non-agenda topics: There was no public comment. Next meeting: July 2, 2015. There will be discussion on the Sign Code. A motion was made by Shirley McDermott and seconded by Greg Nelson to adjourn the meeting. The motion carried by a vote of 5—0. The meeting was adjourned at 10:40 am. Respectfully submitted, Cheryll L nd, Secretary 6 May 26, 2015 To Laurel Planning Director PO Box 10 Dear Ms. Recker, Laurel,MT 59044 I am writing in regards to the application of Thomas Barton of Rednecks Pizza for the sale of alcohol at 11 S 511,St, Laurel, MT. I am the property owner of this facility located at the above address. I have no objection to this application and in fact would like to encourage the approval this application and move it forward as soon as possible.This would help the business owner increase his sales and become a stronger local business owner who supports the community activities. Warm re_ - ds, Tim Casey Property owner tim.caseyavmail.com 406-690-3690