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Home My WebLink AboutCity/County Planning Board Minutes 09.02.1999MINUTES CITY-COUNTY PLANNING BOARD September 2, 1999 Council Chambers MEMBERS PRESENT: Gerald Shay, Member-At-Large Kurt Baltrusch, Co. Rep. Miles Walton, City Rep. Tom Robertus, County Rep. Clarence Foos, County Rep. Laurel Haggart, City Rep.1 Kate Stevenson, City Rep. Betty Hart, County Rep. Ed Thurner, City Rep. OTHERS PRESENT: Cal Cumin, City Planner Cheryll Lund, City Secretary Motion by Miles Walton, second by Laurel Haggart to approve the minutes of the August 5, 1999 meeting with the addition of Tom Robertus being present at the meeting. Motion carried. PUBLIC HEARING - ZONE CHANGE - ROSSMOOR SUBDIVISION ip There were letters of protest received on the application. At this time the applicant withdrew the zone change request. The public hearing was held even tho the application was withdrawn. There were no proponents for the application that spoke. Several people spoke in opposition of the application, and asked questions. No one identified themselves for the minutes. The public hearing was closed at 7:08 p.m. PRELIMINARY PLAT- CANYON CREEK STATION SUBDIVISION Dan McGee spoke on the application. Dan spoke to Larry McCann, Public Works Director, who suggested that an SID be addressed for the storm water run off. This will be specified in the SIA. He stated that U.S. West has requested an easement along the north side of South 4th Street for telephone lines. Clarification on the wording on the plat. It should read 115 or fewer". Question on future storm water run off. Should the board be concerned with this? Dean Rankin states that it is being addressed by Larry McCann. There is also an engineering design done on the whole entire subdivision in regards to storm water drain off. Question on what kind of development is planned for the entire subdivision. Dean states that because it is zoned Highway Commercial it will be monitored. Cal recommends approval subject to the approval of the Public Works Director. Motion by Miles Walton, second by Tom Robertus, to approve the preliminary plat for Canyon Creek Station subdivision, subject to the approval of the Public Works Director. Motion carried. TEMPORARY___USE PERMIT - MISTY MORNING ESPRESSO This application is for a temporary 8' X 8' building to house an espresso business at 1547 Highway 212 South. Asphalt was placed on the location recently and she is ready to post the $1.500 bond requirement. 0 Miles Walton stated that the ordinance states a money order or cashier's check, not a bond. Cal states that she needs to check with the City Attorney for him to determine whether a bond would be acceptable or not. Question on whether or not City or County Public Works have been out to look at the site and make sure the espresso stand conforms to the requirements of the permit. Cal states that the City cannot review this application because it is out of the city limits, and the County looked at it, could see no problems, but felt it really wasn't part of their job. Cal recommends approval subject to her clarifying the issue of the bond with the City Attorney. Motion by Betty Hart, second by Kurt Baltrusch, to approve the temporary use permit subject to the clarification of the bond. Motion carried. Discussion on applications for temporary use permits as to who should be reviewing these applications to relect use of bond and non-review by County Public Worsk. 0 2 Cal will review the new legislature laws passed at the last session that effect the planning and zoning regulations. Cal stated that the Palm Beach Supper Club liquor license is being used at the same location under a new name.. Cal stated that the zone change application for Rossmoor subdivision will come back with a new zone change request that will have more clarification as to how many homes will be on the site, and how it will fit into the Master Plan, Transportation Plan, etc.. The meeting was adjourned at 7:45 p.m. Respectfully submi ted, Cher Lund, Secretary LI • 3 ' CITY HALL 1 15 W. 1ST ST. PUB WORKS: 628-4796 WATER OFC: 628-7431 COURT: 628-1964 OX: 628-2241 City of Laurel W P.O. Box 10 ?M Laurel, Montana 59044 PLANNING BOARD_ DEPARTMENT APPLICATION FORM The undersigned as owner or agent of the following described property requests a Zone Change/Land Use variance as outlined in the City Zoning Ordinance: From /7 0 I c L-c. l jft. ea- I Zone ..-K c j 4L r c e Zon le To f. jyl- /S74 ty a rrt rx a 0 c 14 1 3 a ' ,tray b 1. Legal. description of prope ty 0 s S A" a a N ?t i4 1, C ? I 2. General` location: ?? G°-r?? /•? ?? e ljkj? 3. Proposed use IA. 7d- c_ 4. Owner(s): U) 1 1 I a 'kVt i 4 /? 5 /? d /? a ?C? '? ?f S (recorded ow er.). -3 L Ze. (address) (phone number) t? 4-/ 5 5 . Agent(s): M ar A U IA-1 trp- t?-i a e- .?. Y Ae (name) Q p U .tJ JA dare s s) )'lP f (phone umber) ,26 6. Covenants or deed restrictions on property: Yes No_X_ (if yes, include copy) I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost in processing, and that the fee does not constitute a payment.for a Zone Change/Land Use Variance. Also, that all the information presented is true and correct. PETITIONER MUST BE PRESENT AT HEARINGS. PETITION NO. q1 Vinyl FEE PAID #?.25G r / Z PETITIONER'S SIGNATURE DATE a CITY (? ?} form. zchan9e alp 0014V ? - OF Ln I U R L-1. ! o a- ?c A,- 115 W l sL P.O. Boy. 1(I City Of Laurel is an EEO Employer L_ al l r e l IVi w l ti j i-i Equal Housing Opportunity Y • 0 eo ww d PLAT OF ROSSMOOR SUBDIVISION AMENDING TRACT I C/S No. 1951 LOCATED IN THE SI/2, SEC. 8, T2S, R24E,PMM YELLOWSTONE COUNTY, MONTANA FOR: DONALD L. 81 CAROLE MAE KUKES WILLIAM F. S JESSIE L.KUKES 9Y: JAMES WORTHINGTON 1719 ES JULY 1998 • _ e.o ., - r - 17 zw.v,, ....a .. 1 . .. t I ....... ........ 1 a i I aac•'i a•?' - a a /64-. ; ?? ...,., ion 22: I - LOT 2 LOT 3 LOT 1 GROSS 29.358 At 'GROSS 28,970 AC. •' °` GROSS 56.3215 AC. . !3 E •?. f 8' N T NET s(r NET ; ''' ' o ?, •i- .,.., ,L, n, •m c•r i I (,y .•..........a.. I . r°.wta cat an r•[rwua •v.va - t i ru NDTL l c I • And frroro 1a6dlvhlana of ibm al I coaf°rm wl1Y l?r Lamml Tma•peHi ...... I _ •°' ' La[fcl st•ndard# for I-plm{ of Ulr Ilod and ( na set fffrtk Is ME • I ? I ` emprevem"cato m A {reeum mclL a4 o p?dn'1 C ?? ,I Y 1-7 . ? tnr ? r at .• 154:1,. • ? .i?.a. ,... ,+tai .?` ? aw ..... v. ae..[• i ?.. - - r _ _ _ _ _ __ .a ¦ u..au'..°' •?'_ Ana 1 -• • .. - . -+ . - Roos. saa•ee °a a " i.za.?e" ¦•a.• v ea•III na aaa•ae va a ear.++ - . ,.,. ,.. ( :.... ... ................ ....... TOTAL GROSS 114.534 AC.I? v!aa•?I NET 1-1 A*Ak FIRST MONTANA TITLE B??NGS OF Marvin Brown August 9, 1999 Rocky Mountain Ranch Realty 1645 Avenue D, Suite J Billings, MT 59102 B-b5223 E Dear Marv: As you requested, we have prepared an ownership report identifying the owners within a 300-foot radius of Tract 1, US 1951 for the purpose of a zoning change. Below is a listing of said owners, their respective legal descriptions, and tax codes. OWNER(Sl LEGAL DESCRIPTION TAX DF True( I, of 0S 1951, is now described as Lots 1-3, Mock I, of kossnuwr Suli. William Kukes Lots 1-3, Block 1, Rossmoor Sub. No code currently Donald Kukes assigned 330 Buffalo Trail (old code D-2593) Laurel, MT 59044 / Marilee Wold & Tracts 1-2, 3A-3B, 4, C/S 1417 D-2588 / Julia Ann Reed, Trustees 1/ P Bar-M Trust 1224 W. 4`?' Street Laurel, MT 59044 Lot 6A-1 of Westbrook's Sub. is now described as Stitzinger Smith Sub. David A. Smith Lot 1, Block 1, Stitzinger Smith Sub. No code currently / Heidi E. Smith assigned ? 15 W. 19'x' Ave. (old code D-12151 A) Laurel, MT 50044 • Mary M. Thompson Lot 7A-1 Westbrook's Sub. D-12151 Thomas G. Thompson c/o James F. Stitzinger Elizabeth B. Stitzinger Twin Silo Rd Rd 5 Doylestown, PA 18901 / Mary M. Thompson Fraction of Lots 3, 4, 5, Westbrook's D-12152 J Thomas G. Thompson Sub_, in NWl/4, Section 17, T-2-S, 1424 Highway 10 West R-24-E Laurel, MT 59044 First Montana Title of Billings • 204 North 29th Street • Billings, MT 59101 • (406) 248-3000 0 FAX (406) 248-9928 QWNER(Sl EGA DESCRIPTION T roshelle Properties Limited The north 600 feet of the west D-2805 partnership 388.09 feet of Lot 4, the north 600 feet of the east 346 feet of 1524 Old Highway 10 Laurel, MT 59044 Lot 5, Westbrook's Sub. illard E. I lutscll Tract 313, ol'Anul Tracls 2-3, D-2802A Palsy A. I lulsell Weslbrook's tiuh. 1306 Old Highway 10 Laurel, MT 59044 Lot 1, Block 1, of Figgin s Sub. has been amended to Lots 1A-1E, Block 1, of Wiggins Sub. Figgins /George I Lots lA-11), Block 1,'Figgins Sub. no code currently . V 1316 Old Highway 10 W assigned (old code B-3041) Laurel, MT 59044 Joan Torres Lot lE, Block 1, Figgins Sub. no code currently / ,/ 40 Figgins Circle assigned (old code B-3041) Laurel, MT 59044 Robert D. Hagen Lot 2, Block 1, Figgins Sub. B-3040 Rebecca S. Hagen . 1514 Portal Drive Laurel, MT 59044 atriarch Construction, Inc. ggius Sub. Lot 3 Block I, Iii I1-3042 2108 Broadwater Billings, MT 59102 imothy R. (licks Lots 1-20, 131ock 2, Van Buren Sub. 13-1744 Sc 13-1746 /ulie L. Hicks 519 4`h Ave. Laurel, MT 59044 X 750 ft. in the W 1/2SE1/4SE1/4 D-2621 5 ft 170 arold M. Sturman . . T-2-S, R-24E Section 8 Linda L. Sturman , !l 1009 Highway 10 W Laurel, MT 59044 Dennis D. Allwin S1 /2S 1/2N 1 /2SW 1 /4SW 1/4, D-2587 /Gloria A. Allwin S1/2SW1/4SW 1/4, Section 8, 185 Golf Course Rd. T-2-S, R-24-E Laurel, MT 59044 Stanley B. Burkley N 1/2SI/2N 1/2SW1/4SW 1/4, D-2592 209 Golf Course Rd. N 1 /2N 1 /2S W 1 /4SW 1 /4, Section 8, Laurel, MT 59044 T-2-S, R-24-E Douglas L. Cazier Fraction SE1/451:1/4, Fraction D-2622 usanCazier SW1/4SE1/4, Section 8, dward J. Foster T-2-S, R- 24-E Leslie Foster 109 E. Main Street 1303 Old Highway 10 Laurel, MT 59044 Laurel, MT 59044 First Montana Title Company of Billings 204 North 29th Street Billings, MT 59101 0 (406) 248.3000 OWNER(S) Roger A. Wold arilee K. Wold 1224 West 4`h Street Laurel, MT 59044 I.conard Lawvcr Peggy Lawvcr 1303 W. 4'h St. Laurel, MT 59044 Russell Oliver Bray Janet Marie Bray V/111 121 W. 4`h St. Laurel, MT 59044 Randel Eugene Bray 1107 1" Ave. Laurel, MT 59044 ,/Richard C. Bray 1201 W. 4`h St. Laurel, MT 59044 LEGAL DESCRIPTION TAX CODE C/S 194 D-2615 Kim A. Kaupish Denise A. Kaupish V 1340 9a' St. Laurel, MT 59044 Tim M. Miller Julie A. Miller 1410 W. 9'I' St. Laurel, MT 59044 Dick Franks // Judy Franks V P.O. Box 264 Laurel, MT 59044 Milton E. Wester ?Cilaria D. Wester 1540 W. 9'h St. Laurel, MT 59044 George E. Spalinger Mary Ann Spalinger I 1622 W. V St. Laurel, MT 59044 hn H. Kemkes Audrey C. Kemkes 1630 W. 9' St. Laurel, MT 59044 C/S 72 D-2606 Tract 1, C/S 1355 D-2602 Tract 2, C/S 1355 D-2603 Tract 3, C/S 1355 D-2604 Tract 1, Block 2, C/S 1262 No code (PARK) (lax-cxcnilH) Tract 2, Block 2, C/S 1262 D-2576 Tract 3, Block 2, C/S 1262 D-2577 Tract 4, Block 2, C/S 1262 D-2578 Tract 5, Block 2, C/S 1262 D-2579 Tract 6, Block 2, C/S 1262 D-2580 Tract 7, Block 2, C/S 1262 D-2581 First Montana Title Company of Billings 204 North 29th Street Billings, MT 59101 (406) 248-3000 OWNER(S) LEGAL DESCRIPTIO TAX-COD John J. Tomek Tract A-2, CIS 1582 Amended D-2567A / C. Coreen Tamek ? 1700 W. 9'h St. Laurel, MT 59044 For Y41ur I11rormalion: Trail A-1-11, CIS 1582 is in the prnc,ws 41f Mint; ,?uu ndivl In McKinnry Snlr„ Ilowevcr, the plat vial) has 11411 yet Keen filed. First Security Bank of Laurel Tract A-1-B, CIS 1582 Amended D-2567 /(which is now known as First ? Citizens Bank) P.O. Box 277 Laurel, MT 59044 Dated as of August 2, 1999 at 5:00 P.M. First Montana Title Company of Billings Elissa D. Archambeault • 0 First Montana Title Company of Billings • 204 North 29th Street • Billings, MT 59101 (406) 248-3000 MEMO • SUBJECT: Findings and Conclusions Regarding Rossmoor Subdivision Zone Change Request TO: Laurel Zoning Commission FROM: Cal Cumin, Laurel Planning Director 00__C? -ill DATE: LEGAL COMMENTS September 2, 1999 The Laurel Municipal Code (17.72.050 (G)) requires that, "The planning director shall report his findings and conclusions in writing to the rezoning commission, which report shall be a matter of public record." State code (MCA 76-2-304) references the `Purposes of zoning': (1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and 0 the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, schools, parks, and other public requirements. (2) Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. State code (MCA 76-2-305(2)) provides that when a protest against a proposed zone change is signed by the owners of 25% or more of the area of the lots within 150 feet from the subject zone change, such amendment shall not be come effective except by the favorable vote of two-thirds of all the members of the city council. (These provisions go into effect October 1 st.) It is not know at the time of this report if there is a valid legal protest which would require such a super majority of the City Council of Laurel to approve any zone change. SPECIFICS OF ZONE CHANGE REQUEST The applicants have requested a zone change from Residential Tracts (a zone requiring one-acre minimum tracts of land for single-family residential) to Residential Manufactured Homes (RMH) for the north part of the property and to Highway Commercial (HC) for the south 300 feet of the property. CONSIDERATIONS This request is apparently in consideration by the agent (Brown for Hansen) of buying the property from the present owners (Kukes). Part of the request is for the south approximately 13 acres to be zoned HC which would be similar to the zoning of most of the property across Highway 10 to the south. (Figgins has some RMH zoning to the southeast across the highway.) I do not feel the request for HC zoning is a problem as it is a compatible use given the arterial transportation status of Highway 10 and the existing zoning to the south. The remaining approximately 100 acres of the subject property would be zoned RMH if the request is granted. All of this property is surrounded to the east, west, and north by Residential Tracts zoning (RT), an area marked by single-family, mostly site-built homes on large lots; vacant land also makes up the land use composite of the area. Access to the site currently is via Trace Lane (4th Street) on its east side and Highway 10. The property is not adjacent to the City; the boundary of the latter is approximately 1700 feet to the east just north of and adjacent to Trace Lane. The highest point of the land area is about two-thirds of the way--east to west--across the top of the parcel where the elevation is 3358 feet mean sea level. The land slopes to the southeast to a low point of about 3312 feet. No inventory of RMH-zoned land--or the amount of the land that is vacant--is available at present (it will be forthcoming after the completion of the current TCSP planning project). The Planning Board has indicated in the past its unwillingness to rezone, by the City itself, more land to RMH. Rather it has indicated that such rezoning should come from the private sector at the time of development. This request falls under the latter condition. This a large parcel of land to rezone all at once, probably one of the largest rezonings ever requested in Laurel, and it is being requested from the City without the benefit to the City of a specific plan for development. The next step in the development process is to go through the subdivision process. If, for some reason--such as high ground water-- subdivision is denied the area, the City will still have (if this application for rezoning is granted) a large area zoned for what may not be an appropriate use in the future. The applicants should consider reducing the size of their request or provide some sort of buffer between existing dwellings in the area and manufactured housing. Such buffer could be a continuation of site-built housing for a block in depth against existing housing or something in this nature. If the applicants so wish to change their application, they should do so prior to the Planning Board making its recommendation to the City Council (but after the advertised public hearing). • 2 C August 25, 1999 Laurel City/County Planning City of Laurel PO Box 10 Laurel, MT 59044 RE: NOTICE OF PUBLIC HEARING proposed zone change Rossmoor Subdivision, Lots 1-3, Block 1, located in the S1/2, Section $, T2S, R24E, P.M.M. Dear John Smith and members of the board, I am unable to attend the public hearing for the said proposal set for Thursday, September 2, 1999 at City Hall concerning the zone change request to Residential Manufactured Homes (Trailers) on the Rossmoor subdivision (Kukes). Please be advised by my letter of concern. I hereby OPPOSE the proposed zone change for the following reasons; 1. It will lower our property values. 2. It will highly increase traffic on West 4th Street (Trace Lane) This street is NOT designed for any heavier traffic than it has and we don't want it. 3. The next step after a zone change will be an unwanted FLAGPOLE annexation to the city of Laurel. 4. We have an irrigation system in our agricultural section that will be tampered with and we do not want that disturbed by a trailer court full of people who think they are intitled to it. This land MUST be kept agriculture. The reason we live out here is to get away from the crowded city life and its dictations and ordinances. We do not want any annexations west of our homes on West fourth street. There is also no need for another trailer court in Laurel and we certainly don't want one on the west end of Laurel. I wish I were still on the City/County Planning board at this time.I would certainly vote NO!NO!NO!NO! To vote yes will create a lot of future headaches for us and the city of Laurel ...............Please be advised. S' erel J Russell y 1121 West 4th Street Laurel, MT 59044 0 August 28, 1999 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE S1/2, SEC. 8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA We, the undersigned further protest any annexation of our property! 71 e ? ?? ? ? ?l oy_ awl LA-", 5A 59 All 1?17 I Cud eel 1 1D- I.J G e August 28, 1999 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE S1/2, SEC.8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA We protest this proposed zone change and/or annexation! 1 ao 9 0a lU46JA? ) b 0 C, August 28, 1999 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE S1/2, SEC. 8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA We, the undersigned further protest any annexation of our property! e6.R oJL-? all CU/U- j j elw-a? J q ?7 ?-- w reap r l o t J f?fr ./ ge- n-?6 (5 0 (? 4f?-o lfl?qc 7 0 August 28, 1999 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE S1/2, SEC. 8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA We protest this proposed zone change and/or annexation! od" 16 489 -7 Y /U ?y7 / b (7 G Z d U&j? /eO Ad. - d ?/y lea ,r] August 28, 1999 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE S1/2, SEC. 8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA We protest this proposed zone change and/or annexation! st / ?ip ? V h 4/ X66 • .7 C7 August 28, 1999 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE S1/2, SEC. 8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA 0-0 change and/or annexation! We protest this proposed zon /"o' r? f Imo - ?? Lc l 7 qS Izba- C/s /Z.,;, 2 c P'D J/ // C/5 / S£s'?- x} write ?? fl, Ile i? 0 • August 28, 1999 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE SI/2, SEC.8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA We protest this proposed zone change and/or annexation! JCULA,-? I Z31 (q+k VKLUc4- C L D /Go3 LQ m? <?i- Lak'oj 4L (?L?j ?TH Ste(. vr' 1` ?2Z8-79109 a- 759 Z --,o 4.ecL ?rg`/ 6- 6 aXa--s &71 Lzr?uJ` dlfl-qf% :; August 28, 1999 0 City County Planning Board; We, the undersigned property owners protest the zone change and/or annexation of Rossmoor Subdivision. This property is Described as Rossmoor Subdivision, Lots 1-3, Block 1, LOCATED IN THE S1/2, SEC. 8, T2S, R24E, PMM YELLOWSTONE COUNTY, MONTANA We, the undersigned further protest any annexation of our property! r rte"' ?7-" ? r V` C7 ca, --r-" rcJCJ 0 MC GEE AND COMPANY Yellowstone County Commission c/o Yellowstone county Courthouse Billings, Montana 59101 DANIEL W. McGEE, P.L.S. PROFESSIONAL LAND SURVEYOR GEOLOGISTILAND PLANNER 1925 PINYON DRIVE LAUREL, MONTANA 59044 (406) 628.7703 July 30, 1999 RE: Application for Minor Subdivision Determination and Review for: CANYON CREEK STATION SUBDIVISION 2ND FILING a Subdivision of Lot 2, Canyon Creek Station Subdivision, located in the NE 1/4 S.16, T.2S., R.23E., PMM,Yellowstone County, Montana. On behalf of the owners, 3D'S Trust (Dean Rankin, Trust), please accept this letter as an Application for Minor Subdivision determination and approval for the above referenced proposed subdivision, as specified in Section 4 of the Yellowstone County Subdivision Regulations. The proposed subdivision, CANYON CREEK STATION, 2ND FILING , meets the requirements of a Minor Subdivision in that: (1) there are fewer than 5 lots being created; (2) proper access to the proposed commercial lots is provided; and (3) no land is being dedicated to the public use for parks or playgrounds. Thank you for consideration of this matter. • Sincerely, Daniel W. McGee, PLS cc: Dean Rankin file: 1111-4 LAND SURVEYING GEOLOGY LAND PLANNING LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD APPLICATION FOR PRELIMINARY SUBDIVISION PLAT APPROVAL 1. Name of Subdivision: Canyon Creek Station Subdivision 2nd Filing. 2. Location: A. Legal Description: Lot 2 of Canyon Creek Station Subdivision located in the NE 1Z4 of Section 16, T.2S. R.24E. PMM Yellowstone Count Montana B. General Location: City of Laurel along South Fourth Street East of Montana Avenue 3. Name of Subdivider: 3 D's Trust Dean Rankin Trustee Address: 1310 5th Ave. Laurel MT 59044 Phone no: 406 628--8050 • 4. Name of Owner: Same Address: Phone no: 5. Subdivision Description Data: A. Gross Acres: 8.4434 acres B. Net Area: 8.4434 acres C. Number of Lots: 5 Lots D. Maximum Size: 2 acres E. Minimum Size: 1.6 acres F. Lineal Feet of Street: 1056' G. Domestic Water Source. 12" City Water Main H. Existing Land Use: Unused G. Existing Zoning: _ 5 l•? J. Intended Use or Purpose: Commercial Business 6. Park Requirement Proposal: Cash N A (dollars); Land N/A (acres) 7. Variances Requested From Subdivision Regulations and Reasons Therefore: A. N/A B. 8. Material Submitted with This Application: A. SIA E. Review Fee 250 B. WAIVER F. C. FINDINGS OF FACT G. D. PRELIMINARY PLAT H. 9. Name, Address and Telephone Number Professional Consultants: A. Land Surveyor or Engineer: B. Attorney: C. Other I declare that I am examined all sta men and to the bes ?f my Owner(s): McGee and Com an 1925 Pinyon Dr. Laurel MT 406 628-7703 e o er of recor a above described property, and have s a d inform at' n con ained herein, and all attached exhibits, k wledge an beli s is true and correct. SUBDIVISION IMPROVEMENTS AGREEMENT FOR CANYON GREEK STATION SUBDIVISION 2ND FILING THIS AGREEMENT, made and entered into this day of , 19-, by and between 3 D'S TRUST (Dean Rankin, Trustee), owners of the herein described land, hereinafter referred to as "Subdividers", and the City of Laurel, Montana, hereinafter referred to as "CITY". WITNESSETH THAT WHEREAS, at a meeting held by the Laurel-Yellowstone City-County Planning Board on the Board approved, subject to certain recommendations, an area known as CANYON CREEK STATION SUBDIVISION 2ND FILING, located in the City of Laurel, Montana, and recommended its approval to the City Council; WHEREAS, at a regular meeting held on the day of 19 the city Council of Laurel, Montana approved, subject to certain recommendations of the Laurel City-County Planning Board, the preliminary plat of CANYON CREEK STATION SUBDIVISION 2ND FILING, WHEREAS, a subdivision Improvements Agreement is required between the City and Subdividers prior to the approval of the final plat by the City Council, NOW THEREFORE, the parties to this Agreement, for and in consideration of mutual promises herein contained and for other good and valuable consideration, do hereby agree as follows: 1. The proposed five lot subdivision is currently unoccupied. Access to the proposed lots is from South 4th Street. 2. Water will be provided by a 12 inch City of Laurel water pipe and is currently used by the existing commercial business; and Sewer is currently provided by the city of Laurel. 3. Stormwater surface runoff will be handled by on-site absorption and the existing drainage of South 4th Street. At this time, no stormwater retention facilities are necessary. 4. No park dedication is required for this division of land. 5. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any or the terms or conditions of this Agreement or to give any notice required herein, the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 6. The covenants, agreements and statements in this Agreement apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. file:llll-4 CANYON CREEK STATION SUBDIVISION 2ND FILING, SIA, page 2 E 7. Any amendments or modifications of this Agreement or any provision herein shall be made in writing and executed in the same manner as this original document, and shall, after execution, become part of the Agreement. 8. The owners of the properties involved in this proposed subdivision by signature subscribed herein below agree, consent and shall be bound by the provisions of this Agreement. 9. All fences, irrigation ditches, and other private improvements will be removed from the dedicated right-of-way of South 4th Street as required by construction at the land owners expense. 10. Noxious Weed Management for Restoration of Construction Sites: 1. Broadcast Seed 2. Seed Type and Rate Smooth Bromegrass Crested Wheatgrass Winter Wheat 8 lbs per acre 4 lbs per acre 10 lbs per acre 3. Fertilizer 100 lbs of 0-45-0 Phosphate per acre 4. Roller pack minimum of three times after broadcasting seed to pack seed 1/4 inch into soil. 5. Seed November to March or as authorized by the Weed District. 6. Seed must be certified Noxious Weed Seed Free 11. Noxious Weed Management: All noxious weeds on the latest Yellowstone County Noxious Weed List, must be controlled on all properties in the subdivision. A Noxious Weed Management Plan must be filed and updated annually for approval by the Yellowstone County Weed Board. It must contain the Noxious Weeds being addressed and the plan for control of those weeds. All cost of Noxious Weed Control is the responsibility of the property owners (of record). 12. It is further agreed that this Subdivision Improvements Agreement is hereby accompanied by a Waiver of Protest for the intent and purpose that change, modifications, or additions to said improvements that may be deemed necessary at some future date may be accomplished, and this property be included in future special improvement (SIDS) which may be created for such changes. The hereunto attached Waiver is, by this reference, expressly incorporated herein and made a part hereof. IN WITNESS WHEREOF, the parties hereunto have set their hands and official seals on the date first above written. file:1111-4 0 C,LNYON CREEK STATION SUBDIVISION 2ND FILING, SIA, page 3 "SUBDIVIDERS": 3 D'S TRUST (Dean Rankin, Trustee) STATE OF MONTANA ) County of Yellowstone) ss On this day of , 19 , before me, a Notary Public for the State of Montana, personally appeared Dean Rankin, known to me to be the person who signed the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS THEREOF, I set my hand and seal the day and year herein above written. Notary Public for the State of Montana Residing At My Commission expires "CITY": CITY COUNCIL OF LAUREL, MONTANA Mayor STATE OF MON'T'ANA ) ss County of Yellowstone) City Clerk On this day of , 19 , before me, a Notary Public for the State of Montana, personally appeared , personally known to me to be mayor of the City of Laurel, Montana, and known to me to be the City CLerk of the City of Laurel, Montana, the persons who signed the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS THEREOF, I set my hand and seal the day and year herein above written. Notary Public for the State of Montana Residing At My Commission expires file:1111-4 C, WAIVER OF RIGHTS TO PROTEST FOR VALUABLE CONSIDERATION, the undersigned, the Owners of the hereinafter described real property, do hereby waive the right to protest the formation of one or more Special Improvement District(s) (SID's), for the construction and or maintenance of streets, curbs and gutters, sidewalks, driveways, survey monuments, street name signs, street lights, street light energy and maintenance, traffic control devices on site and off site as determined by an overall traffic accessibility study, sanitary sewer lines, water lines, valley gutters, culverts, storm sewer lines either within or without the area to provide drainage for runoff water from the real property hereinafter described, park improvements and park maintenance district, and other incidental improvements which the City of Laurel may require. The waiver and agreement shall run with the land and shall be binding upon the undersigned, their successors and assigns, and shall be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana. The above referenced real property is more particularly described as follows, to-wit: All of CANYON CREEK STATION SUBDIVISION 2ND FILING, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Yellowstone County, Montana. WAIVER signed and dated this "SUBDIVIDERS": 3 DIS TRUST (Dean Rankin, Trustee) STATE OF MONTANA '19 ss County of Yellowstone) On this day of 19 , before me, a Notary Public for the State of Montana, personally appeared Dean Rankin, known to me to be the persons who signed the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS THEREOF, I set my hand and seal the day and year herein above written. Notary Public for the State of Montana Residing At My Commission expires £ile:llll-4 day of 11 APPENDIX A LAUREL-YELLOWSTONE CM-COUNTY PLANNING BOARD PRELIMINARY REVIEW CRITERIA FINDINGS OF FACT (Reproducible Form) Name of Subdivision: C K S i ATw ?/ 5u D r yr S ?o •? ? 10v o 11 I /,(a Prepared by: -A-44, 6 k' re- GO - /.r C Date: 7- 30 - q17 Reviewed by: I. PRIMARY REVIEW CRITERIA A. Effect on Agriculture: (circle one): Date: I a. The subdivision will remove acres from (livestock) or (crop) production. (or) lb. The subdivision will have no-affect on agricultural production because .-there is no present commercial raising of livestock orcrops. = circle one): 2a. The subdivision will not interfere with any irrigation system or resent any interference with agricultural operations in vicinity. (or) 2b. The subdivision could interfere with an existing irrigation system. Conditions of approval should require fencing and restrictive covenants. B. Effect on Local Services: (circle one) la The subdivision will connect to the municipal water and sewer systems of L AU B E L . The cost of connecting will be paid by the subdivider or lot buyers, and the municipality should not experience an appreciable increase in maintenance and operating costs. The lot buyers will pay regular water and sewer charges. (or) lb. The subdivision will use on-site water supply and sewage disposal. (circle one): a. The subdivision will receive law enforcement services from the (municipal police epartment) (County Sheriffs Department) and fire protection from the L AU X-EC Fire Department. Providing these services to the subdivision is 10 r expected to be a negligible cost to the city (County) and fire departments. Any increased costs likely will be covered by increased tax revenues from improved properties. (or) 2b. Providing these services to the subdivision is expected to create $ in additional costs to the local government. circle one): 3a No extension of public streets or roads will be needed, and the subdivision will have a negligible impact on cost of road maintenance. (or) 3b. An upgrade of Street/Road will be necessary to serve the subdivision, at an estimated cost of $ Annual road maintenance is expected to cost $ 4. ? The land affected by the proposed subdivision currently pays an estimated $? in local property taxes. After subdivision, the land and improvements are expected to pay approximately $17&0°? in local property taxes, at current mill levies. C. Effect on the Natural Environment: 1. The subdivision will use proper-sized culverts as part of constructing a private access road from Road/Street, which will minimize problems of road drainage and erosion. le one): 2 c The relatively level terrain is not expected to create significant surface run- off pro ems. (or) 2b. The existing terrain will require cutting and filling, both for road construction and for grading and leveling building site(s). Some surface run-off likely will occur but the grading and drainage plan is designed to prevent significant adverse impacts. (?3 The subdivision is not expected to adversely affect native vegetation, soils, or the water quality or quantity of surface or ground waters. Areas disturbed by cutting and filling and grading will be reseeded in the same season to minimize erosion. 4. Proposed weed control measures will prevent the proliferation of weed growth within the subdivision and on areas disturbed by construction. D. Effect on. Wildlife and Wildlife Habitat: (circle one): 0 The subdivision will not be located in an area of significant wildlife habitat, nor in any critical wildlife areas. The expected effects of pets and human activity generated by the subdivision will not significantly affect wildlife. (or) 2 { lb. The subdivision is located in excellent habitat for The subdivision will have an effect on wildlife, and the expected effects of pets and human activity generated by the subdivision could have significant affect on wildlife. (or) lc. The subdivision is located adjacent to Creek, which has an excellent fishery. Development of the lots could have an impact on the fishery, but conditions of approval require all structures to be set back at least 300 feet from the streambank to minimize the impacts. cle one): 2r The subdivision will not result in closure of public access to hunting or fishing areas, nor to public lands. (or) 2b. A public trail is included in the plat to provide access to the stream or _ public lands. D. Effect on Public Health and Safety: (circle one): la Based on available information, the subdivision does not appear to be subject to potential natural hazards such as flooding, snow or rock slides, high winds, wildfire, or excessive slopes, nor potential man-made hazards such as high voltage power lines, high pressure gas lines, nearby industrial or mining activity, or high traffic volumes. (or) 1b. . The subdivision is subject to potential hazard from The subdivider has committed to minimize the effect of the hazards by: II. REQUIREMENTS OF THE MONTANA SUBDIVISION AND PLATTING ACT, UNIFORM STANDARDS FOR MONUMENTATION, AND LOCAL SUBDIVISION REGULATIONS The subdivision meets the requirements of the Montana Subdivision and Platting Act and the surveying requirements specified in the Uniform Standards for Monumentation, and conforms to the design standards specified in the local subdivision regulations. The subdivider and the local government have complied with the subdivision review and approval procedures set forth in local subdivision regulations. III. EASEMENTS FOR UTILITIES (circle one) la No easements will be necessary to extend utilities to the subdivision. Utilities are currently adjacent to the property or can be extended within the public road right-of-way. (or) lb. Easements to extend utilities across property(ies) owned by are needed. Utility easements have been granted to the subdivider by those property owners, and the instruments of easement conveyance will be filed with the County Clerk and Recorder. IV. LEGAL AND PHYSICAL ACCESS (circle one): Legal access is provided by Sou'TJ4 .TH .5'T Road/Street, a public roadway that is adjacent to the lot(s). (or) lb. Legal access is provided by a 60-foot wide road easement across properties belonging to The easements have been surveyed, and instruments of easement conveyance will be filed with the County Clerk and Recorder. . (circle one): 2a. Physical access is provided by roadway that is adjacent to the lot(s). (or) SO(?TN ??N 57- Road/Street, a public 2b. Physical access will be provided by a road with a - -foot wide driving surface constructed in accordance with local road standards from Road/Street to the subdivision. 3. The following statement will be written on the face of the subdivision plat and on any instruments of conveyance: aQ. "Legal and physical access is provided by SavTH 47" r. Road/Street, a public roadway located adjacent to the property." (or) b. "Legal access is provided from Road/Street, a public road, by a -wide easement across property owned by . . Physical access is provided by a road with a -wide driving surface." V. CONFORMANCE TO AN ADOPTED COMPREHENSIVE PLAN (circle one): Ia. The subdivision plat conforms to the comprehensive plan adopted by L#46[ RE L . (or) lb. The subdivision plat is not in conformance with the comprehensive plan adopted by the local government for the following reasons: (Three copies of this completed form must accompany the Preliminary Plat Application.) I? 4 3RD STREET SOUTH n CATL_D DOC 10549428-43 FTAL-0 S. C!iAP ,1X1/ E:?. 44&IW SOIWTH OF LPE a•74• 3 f f ? '-OT 2 $ CA ON CREEK STATION SUBDI ISION i I 8: ,3 4 ACRES EAST 9=W n• 16 ACM3 I - tE ad9? Fl ;tiT?Ertc T _ ' I te5.oo• ?pT WT 2B L6 A? a FES IvC?' j 18 +?rr q? L 2A T !g L AC T n I i ? OT + Q: ; : Qo CRES A l RACT A ?B ? OF .D TRACT I - "t'D B C/ S 1,423 LIGH I':DUSTRI?.L i I FOUW PMT 6 ON LINE r ` I CONCRETE CURB ?. ?. 20f ---- - -- - ---------------------- ------ .. J . - --- u owO TELERiOME ---------------- ------------- --- ------------------- r=v POINT OF BE?6INHINR SEWER ........ ___ .... ... .. .. .............__.. . - ....-_...... ...--....... .............._.... EET... ..--..._.. _....._...- .-...-_....--.. __..... - . _ . - .-...._.._.._ .................._._ _ - - - - -' _............ - - - _ _ ................_-........-. ...--.. -- 57R 4TH SOUTH _ GAS - --- ------ VER- LOT 2 LO; , ;AGFt ' d SUBa- Slot. - .' SE:?JDFD LOTS . AND 2 3 ' CITY OF LAUREL TEMPORARY USE PERMIT 1. Nance of applicant: Y Tcl: ?? 6s -/s 7 2. Name of bus,mess: hfrv..?• .,? ,_? 3. Address of applicant: _?,Yo y y 4. Proposed address of business/temporary use: 11 /S ;74Z 5 5. Type of temporary use Group 2 Temporary Use. This group consists of temporary uses of property continuing for longer than forty-eight (48) but less than thirty (30) days. Examples of Group 2 Temporary Uses are carnivals, circuses, Christmas tree sales, etc. _2<_ Group 3 Temporary Use. This group consists of temporary uses of property continuing for longer than thirty (30) days but less than one (1) year. a. The following temporary uses may be allowed in this group: (1) greenhouses or other similar seasonal-oriented uses, as determined by the Planning Board, shall be exempt from below subsection (b) Location and Time Restrictions' Other uses, such as carryout expresso stands, as allowed in the appropriate zoning districts. b. Location and Tune Restrictions. (1) Any Group 3 temporary use/structure existing upon adoption of this chapter, shall be deemed a legal nonconforming use. All existing legal Group 3 nonconforming temporary uses/structures, as of the effective date of this chapter or any amendment hereto, shall be removed or become a permanent use by complying with the Uniform Building Code, site development standards, and any other federal, state, or local requirements within two (2) years from the date of the enactment of this chapter or any amendment hereto. (2) The owner/operator may, at any time during the two (2) years as a Group 3 temporary use, become a permanent use by complying with the Uniform Building Code, site development standards, and any other federal, state, or local requirements. (3) Any Group 3 temporary use/structure which does not exist upon adoption of this chapter shall meet the supplemental standards in below subsection (e) and shall also be removed when the two (2) year amortization period in above subsection (1) expires. 6. Standards: a. Two (2) signs not to exceed thirty-two (32) square Feet in area and eight (8) feet in height shall be allowed, excluding A-frame signs, and shall be removed along with the temporary use when the approved time limit or temporary use/structure permit has expired. b. The temporary use must provide sufficient space to accommodate the stricture and off-street parking for customer and use-related vehicles. The parking area, driving lanes, and egress/ingress shall be paved, and the site shall be approved by the City Engineer if within the municipal limits of Laurel or by the County Office of Public Works if located outside of Laurel but within its one (1) mile zoning jurisdiction. C. Clear sight vision for site ingress and egress shall be provided as approved by the City Engineer if within the Laurel municipal limits or by the County Office of Public Works if outside of Laurel but within its one (1) mile zoning jurisdiction. d. Access to public right-of-way shall be approved by the City Engineer if within the municipal limits of Laurel or by the County Office of Public Works if outside of Laurel but within its one (1) mile zoning jurisdiction, e. Application for a temporary use/structure permit shall be made at the City Public Works Department to the Planning Board at least one (1) month ahead of the Planning Board's regularly scheduled meeting date accompanied by a one hundred dollar ($100) application review fee. 7. Permit required: Before any Group 2 or Group 3 Temporary Use or Stricture is established the property owner shall obtain a temporary use/structure permit, as delineated above. In addition, the property owner shall post a fifteen hundred dollar ($1,500) money order or cashiers check with the City of Laurel to ensure timely removal of the use and/or structure. 8. A copy of the site plan showing the above referenced requirements must accompany this application. 9. Approval of proposed plan by City ngineer/County Public Works Office: 10. After approval by the Planning Board, applicant needs to obtain a business license from the City. 0 ?/ • Espresso Business Plan I would like a temporary permit for an Espresso Drive-through Kiosk at the location of Hwy. 212 S, Laurel, MT 59044, 1 would run this business as a sole proprietorship with 2-3 employees eventually. I believe this would be a successful business for many reasons. The site location is highly visible, easily accessible on the `morning side' of a busy highway. 1% of traffic flow would show net profits of around $50,000. Being located near Sweetheart Bakery is also a good complement for this business. The Mountain Mudd buildings are recognizable, attractive and efficient... designed to serve quickly. I intend to obtain supplies from Mountain Mudd, Ryans, Costco and Food Services of America which are all dependable, reliable suppliers. All record keeping will be done by myself using a standardized, pre- developed system. I believe I can make a great success of this business even in the depressed local economy. I also appreciate the opportunity to make a comfortable living independent of corporate decisions. I believe I have found a way to make a decent He for myself in Montana and help the community with both needed jobs and a customer service. I have my personal monthly expenses as low as possible in expectation of the startup process. I also have learned a great deal from my sister with her coffee shop in Columbus and my nephew with his drive-through in Bozeman. Their experiences with starting these businesses have been educational. Thank you for your consideration, Jeannie Haugen 11 ,}..- t f 17.49.010 Chapter 17.49 continuing for less than forty-eight hours. Such uses are exempt from this chapter. TEMPORARY USES AND B. Group 2 Temporary Uses. This group STRUCTURES consists of temporary uses of property con- tinuing for longer than forty-eight hours but Sections: less than thirty days. 17.49.010 Intent- 1. The following are examples of Group 17.49.020 Temporary uses in 2 temporary uses: carnivals, circuses, nonresidential zoning Christmas tree sales, etc. districts. 2. Supplemental Standards. 17.49.030 Christmas tree sales in a. Two signs not to exceed thirty-two residential and square feet in area and eight feet in height agricultural districts. shall be allowed, excluding A-frame signs, 17.49.040 Roadside stands. and be removed along with the temporary 17.49.050 Fireworks stands. use/structure when the approved time limit 17.49.060 Construction or or temporary use/structure permit has ex- construction equipment pired. sheds. b. Clear sight vision for ingress and 17.49.070 Temporary use/ egress shall be provided as approved by the structure permit city engineer if within the Laurel municipal required. limits or the county office of public works, if outside of Laurel but within the one-mile 17.49.010 Intent. zoning jurisdiction. The definitions found in this chapter for c. Access to any public right-of-way temporary uses and structures shall be used must be approved by the city engineer if to regulate same, and all uses contained in within the Laurel municipal limits or by the temporary structures shall, be considered county office of public works if outside of temporary uses and must comply with this Laurel but within Laurel's one-mile zoning section. All temporary uses or structures jurisdiction. must also comply with the Uniform Fire ' d. Application for a temporary use/ Code, Laurel requirements for ingress and structure permit shall be made at the city egress, and other applicable codes in exis- public works department to the planning tence at the time of the adoption of this board at least one month ahead of the plan- chapter. This chapter shall not apply to ning board's regularly scheduled meeting sidewalk vendors. (Ord. 96-5 (part), 1996) date accompanied by a one hundred dollar application review fee. 17.49.020 Temporary uses in C. Group 3 Temporary Uses. This group nonresidential zoning consists of temporary uses of property con- districts, tinuing for longer than thirty days but less A. Group 1 Temporary Uses. This group than one year. consists of temporary uses of property s 428 s 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. Other uses, such as carryout espresso stands, as allowed in the appropriate zoning districts. 2. Location and Time Restrictions. a. Any Group 3 temporary use/stricture existing upon adoption of this chapter, shall be deemed a legal nonconforming use. All existing legal Group 3 nonconforming tem- porary uses/structures, 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 Uniform Building Code, site development standards, and any other federal, state or local require- meats within two years from the date of the enactment of this chapter or any amendment hereto. b. The owner/operator may, at any time during the two years as a Group 3 tempo- rary use, become a permanent use by com- plying with the Uniform 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 subsection (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- a 17.49.020 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 struc- ture 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 engineer if within the municipal limits of Laurel or by the county office of public works if located outside of Laurel but with- in its one-mile zoning jurisdiction. c. Clear sight vision for site ingress and egress shall be provided as approved by the city engineer if within the Laurel municipal limits or by the county office of public works if outside of Laurel but within its one-mile zoning jurisdiction. d. Access to public right-of-way shall be approved by the city engineer if within the municipal limits of Laurel or by the county office of public works if outside of Laurel but within its one-mile zoning juris- diction. 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 accompanied by a one hundred dollar application review fee. (Ord. 96-5 (part), 1996) 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 al- lowed for a period not to exceed thirty days when all of the following restrictions are met: 428-1 (Laurci $-97) v 17.49.030 A. The sale must be conducted on a church or school parking lot premises which provide sufficient space to accommodate the Christmas trees and off-street parking for customer and other sale-related vehicles. B. One sign not to exceed thirty-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 license must be obtained by the operator if located within the Laurel municipal 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 are 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/struc- 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 ceases; D. The use must provide sufficient space to accommodate the stand and off-street 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- street parking for customer and sale-related vehicles off the public right-of-way; and D. The appropriate permits 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 construction project. Any such structure 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 use/structure permit required. Before any Group 2 or Group 3 tempo- rary use or structure is established the prop. erty owner shall obtain a temporary use/ structure permit, as delineated above. In addition, the property owner shall 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) cranrr 5-97) ( - a2s-2