HomeMy WebLinkAboutCity/County Planning Board Minutes 02.02.2006DRAFT
MINLrrES
LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD
February 2, 2006 7:00 pm
Council Chambers
MEMBERS PRESENT:
Gerald Shay, Chairman
Dan Koch, City Rep.
Greg Johnson, County Rep.
Bud Johnson, City Rep.
Dan Ruff, County Rep.
Clarence Foos, County Rep.
OTHERS PRESENT:
Cai Cumin, City Planner
Cheryll Lund, City Secretary
The minates of the January 5, 2006 meeting were approved as sent out.
At this time the Planning Board was adjourned and the Zoning Commission was
convened.
Public Hearine - Conditional Use - 314 Pennsylvania
Proponents:
Jerad Scherer, owner of Smith Funeral spoke regarding the conditional use application.
His business would like to purchase the property at 314 Pennsylvania, demolish the
existing house and put in a parking lot. The parking lot would be used during funeral
services.
Cal asked whether or not there were plans for the parking lot that would include some
type of landscaping to separate the commercial use from the residential use? This will
be his recommendation to the City Council.
Mr. Scherer stated that they plan to do whatever is necessary, landscape wise, to make it
easier on the residential neighborhood.
Opponents: None present.
Motion by Bud Johnson, second by Clarence Foos, to recommend approval to the
City Council for the conditional use at 314 Pennsylvania, subject to the necessary
landscaping be done to separate residential from commercial. Motion carried 5-0.
At this time the Zoning Commission was adjourned and the Planning Board was
reconvened.
Extension Request of Preliminary Plat for Laurel Business Park
The owner, JKS, LLP (Jim Haar, Managing Partner) has requested a one-year extension
of the conditional approval of Resolution No. R-05-16 for Laurel Business Park
Subdivision, 2~ Filing.
LMC requires the Planning Board make a recommendation to the Council. City
Attorney, Sam Painter suggested that the board could grant the extension (see attached
Board discussion.
Motion by Dan Ruff, second by Bud Johnson, to recommend approval to the City
Council for the requested one-year extension of the conditional approval of Resolution
No. R-05-16 for Laurel Business Park Subdivision. Motion carded by a 4-1 vote with
Foos voting No.
Bud Johnson said that he would like to see a sign in the Wal-Mart parking lot saying
"Welcome RV's".
Miscellaneous Business
Cal invited the board to attend a meeting on Thursday, February 9, 2006 at 5:30 pm in the
Laurel City Council Chambers where the County Commissioners will hold an informal
meeting in regards to the need to rename of W. Maryland Lane because of the conflict
with the real Maryland Lane and its westward extension caused by new development in
the arm
The meeting was adjourned at 7:30 pm.
Respectfully submitted,
~d, Secretary
· CITY tE4.LL
llSW. iST ST.
PUB WORKS:
WATER_ OFC: 628-743i
-I~OLTRT: 62~-1964
?aX: 625-224I
City Of Laurel
P.O. Box 10
-Laurel, Montana 59044
CITY OF LAUREL
C 0NDITIONAL USE .APPLICATION
DEPAETMBNT
Date received: /- ff~ -- gg~;
Twelve copies oft?tis form and a one-hundred-fifty-dollar ($150) review shah} be submitted to the
planmng Board Secretary on the first day of the month preceding the month in wkich the application
shall be heard by the Zoning Commission. The Planning Board Secretary shall note the time of receipt,
keep one copy, send one copy to the Planning Director, and for-ward the remainder to the members of the
Zoning Commission. The Plann/ng Board Secretary shall publish notice ora public hearing in the local
newspaper at least [5 days prior to the Zoning Commission meeting at which the application will be
considered; adjacent property owners of record within I50 feet of the application property shall also be
notified by mail by the Zoning Commission. The applicant or the authorized agent musf attend the
public hearing before both the Zoning Commission and the City Council.
1. Name of Land Owner: .-]~ ~'~/~,c.~
2. Address: ~' ? ~ _~'~c.-/- ~'~4 L-' - '.
3. Phone#: ~K-K~,~-~"I'X I ·
4. egal Dcscnptmn ofPropeW asMng for Condition~ Use:
5. Map Showing Property Location with Circle Drawn within 150' th'ereof:
6. List of Property Owners of Record w/thin the 150 Perimeters. (Obtained from the County Clerk
4m .
and Recorder's Office first ( 5oor of County Courthouse) and the Department of Revenue
Office second t~
(14 floor of Wells Fargo Bank. Building in downtown Billings).
7. Exastmo Zoning. ~5~ ~W"~,.~ ~tci~/'
8. Specific Land beir~g ke~tuested: · ~ ~,~ /?~. ~ ~/~ ~
10. Scaled Drawing of the i~operty sho~i~g the'proposed use/and irr/provem-ents(, a(~j'acent land use,
fences, driveways, etc.:
I 1. Other Information as may be required by the City.
12. Review fee paid and date paid: /- d- - ~f~ ~//LS~,
After the public hearing for the conditional use, the Zoning Commission shall delay its recommendation
to the City Council no longer than 30 working days. The C~tv Council shall publish notice of and
conduct a second public hearing before the Council, consider-the recommendation of the Zoning
Commission, and make its decision.
City Of Laurel is an EEO Employer
Equal Housing Opporamity
//~
III
~age I oX I
Cheryll Lund
From: Sam Painter[spainter@elkriverlaw.coml
Sent: Wednesday, January 11, 2006 11:48 AM
To: Cai Cumin; Perry Asher; Ken Olson
Cc: clund@ci.laureLmt, us
Subject: Laurel Business Park Subdivision
Folks:
As you know Jim Haar requested an extension of the preliminary plat for Laurel Business Park. Instead of going
to the planning board, the request was sent to the Mayor and staff requested a resolution. The process is
actually "request to the planning board for consideration and recommendation, then to the City Council for
decision."
Please put this matter on the next planning board meeting for discussion and recommendation to the City
Council. In case anyone feels the need to challenge this process, please be advised:
The City Code provides that a preliminary plat approval is valid for up to one year. Laurel Business Park's will
expire on February 1,2006. I was concerned with the expiration date and the fact the request was not delivered
to the right entity. I looked into the matter and found a Montana Case that addressed the statute at issue (which
is identical to the City's Code Section). The statute was found to be ambiguous and that the relimina
a~)~)roval ~)eriod exoires in one year but the aovernina body has a "reasonable time aeriod" to considet'
and aporeve an extension under the statute (and city code),. The time period at issue in the case was 60"
days after the expiration period. In our situation, the Business Park expiration is not until February 1 so certainly
the decision will be well before 60 days, so I am satisfied that the City is defensible in this case.
If you have any questions, feel free to contact me at your convenience.
Sam Painter
1/11/2006
January 3, 2006
2006
The Honorable Kenneth E. Olson, Jr., Mayor
C/ty of Laurel
P. O. Box 10
Laurel MT 59044
Reference:
Request for Approval Extension of Resolution R05-16
Laurel Bus/ness Park Subdivision, Second Filing
E.I. No. 98020.06
Dear Mayor Olson:
I, Jim Hair, the managing partner ofJKS, LLP, the owner/developer of Laurel Bus/ness Park
Subdivision, Second Filing, respectfully request a one-year extension on the condition2fl approval
of Resolution No. R05-16. This resolution conditionally approved the preliminary plat of Laurel
Business Park Subdivision. The resolution was approyed bythe City Council of the City of
Laurel on February 1, 2005, and would expire on February 1, 2006.
Thank you for your consideration ofth/s request.
m~fully yours,
Jim Haar
JKS, LLP
c: Cal Cumin, Plann/ng Departmem
P:98020_06_Olson_Ltr_010306
DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
PHONE: (406) 247-4400
(406) 24V-4410
Laurel-Yellowet~e CiW-Co~ Plug Bo~d
Laurel, MT 59044
De~PlmgBo~dM~m~rs: CIW OF LAUREL
~ July of 2005, the State Bo~d of ~d Commissioners ap~oved a R~ord of Decision ~OD) for ~e
Dep~ent of Na~al Rem~ces ~d Conse~afion ~C) Real Estate M~agement Pro,aromatic
F~al Envkomen~ Impact Sinemet. ~ ~po~t component of ~e ROD w~ public p~icip~on ~
the process ~t the ~1 E~ M~agem~t B~eau uses to identi~.mal es~te projects on Trust l~&.
As a p~ of ~is public ou~mc~ ~e Real Estate Management Bmau, ~ ~nj~aion wi& ~e Soathem
Land Office, will ~ conduct~g a public mee~g in Bil~ to discms ~e ROD ~d its ~plieafio~ on
Real Es~e ~tivi~ on Trust l~ds Iocated ~ the DNRC Southern L~d. Office. ~e S0uthem L~d Offi~
manages Trust l~d ~ Big Ho~ C~bon, Mus~l~ell, Stffiwater, Sw~t ~s, Treas~e ~d Yellowstone
Counties.
SOUTHERN LAND OFFICE
AIRPORT INDUSTRIAL PARK
1371 R1MTOP DRIVE
BILLINGS, MONTANA 59105-1978
At this meeting members of the Real Estate Management Bureau (REMB) will be on hand to present
information on various aspects of the ROD and PEIS. Additionally, I will present information on the real
estate projects that are currently taking place within the Southern Land Office and also identify Trust
lands that may have potential for development in the future. This meeting is part of a series of meetings
that the REMB is conducting throughout the state to discuss the ROD.
The meeting in Billings will be held on Wednesday~ 15 February 2006 from 6 p.m. to 8 p.m. at the
Fish~ Wildlife and Parks Regional Office Conference Room~ 2300 Lake Elmo Drive~ Billings.
I hope that some members of the Planning Board will be available to attend this meeting. I will be
sending a separate letter to the Laurel City Council and the Yellowstone County Commission inviting
them to this meeting. Finally, if the Planning Board is interested in discussing the ROD and/or Trust Land
Management in Yellowstone County, I would be happy to attend one of your meetings to further discuss
these issues.
If you have questions regarding this meeting or other Trust land issues, please feel free to contact me at
ibollman~mt.gov or 247-4404. Additionally, a copy of the FEIS and ROD can be found online at
http://ww~.dnsc.mt.gov/trust/programmatic/default.asp
Cordially,
Area Planner
cc: Cai Cumin, 907 Avenue B, Billings, MT 59102