HomeMy WebLinkAboutCity/County Planning Board Minutes 07.01.1999i
. MINUTES
CITY-COUNTY PLANNING BOARD
July 1, 1999 7:00 p.m.
Council Chambers
MEMBERS PRESENT: John H. Smith, Chairman
Gerald Shay, Member-at-Large
Miles Walton, City Rep.
Ziggy Ziegler, County Rep.
Laurel Haggart, City Rep.
Betty Hart, County Rep.
Ed Thurner, City Rep. (arrived at 7:15 p.m.)
OTHERS PRESENT: Cal Cumin, City Planner
Cheryll Lund, City Secretary
Audience
Motion by Miles Walton, second by Gerald Shay, to approve the
minutes of the June 3, 1999 meeting. Motion carried.
Motion by Ziggy Ziegler, second by Betty Hart, to approve the
bill for $2400 administration services for July 1, 1999 through
June 30, 2000. Motion carried.
SPECIAL REVIEW- HALL OUTDOOR SIGN
An application was received from Hall Outdoor sign in regards to
two signs/billboards that are located right west of Big Sky
Greenhouse. These signs were placed in this location between March
and July of 1998.
Phil Keeter, owner of Hall Outdoor signs gave a brief history on
the application. They began construction on these two signs based
on the rules and regulations directed by the Montana Department of
Transportation and the Yellowstone County sign code. Both the sign
company and the land owners believed they were in compliance with
placement, of the signs. They thought the land was not within the
city limits but under Yellowstone County jurisdiction. It was an
honest mistake and Mr. Keeter feels responsible for the error. He
says the signs were in compliance with the State and County sign
rules and regulations. Mr. Keeter stated that he will comply with
whatever the city requires.
Originally there was one sign that built was in 1979 right next to
the greenhouses. Time and weather damaged the sign, and the owners
of the greenhouse were concerned that a big wand could topple the
sign and cause damage to the greenhouse. At that time it was
decided that the sign would be replaced and moved to a different
spot further away from the greenhouse. At that time a second sign
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was constructed west of the replaced first sign.
Mr. Keeter goes on to state that this sign has low impact on the
City of Laurel as it does not require any city utilities or
services. The property owners would like to keep the land as open
as possible only using it for keeping their horses in. The lease
money the property owners get from Hall outdoor helps them to keep
the land as pasture and pay the increased property taxes resulting
from being annexed into the City.
Mr. Keeter goes on to say that he has not received any complaints
on the signs and is proud of the way they look and their placement
in the area. Mr. Keeter went on to list all of the Laurel
businesses that advertise through signs and billboards. He feels
that through these billboards his company has made a major
investment in Laurel's future.
Miles Walton questioned who advertised on the signs?
Mr. Keeter states that Pelican Truck Stop, Flying J Truck Stop, and
the United States National Bank are advertisers on the signs at
this time, but that does change constantly.
Miles stated that the only problem the board had with this
application is that the billboards were put up without prior
approval.
Mr. Keeter states that he was in error by not checking with the
City of Laurel in regards to what was required before placing the
signs. His investment in putting up the new sign was quite
sizeable and he would not have jeopardized that by not following
the rules.
Question on whether or not the new signs were any larger than the
existing sign.
The signs are the same size the old sign. The first sign was 30
feet west of the old sign and the second sign is further west.
Question on whether or not this could be grandfathered in?
Cal states that it cannot because it was moved not replaced.
Question on whether or not the sign company will be forced to
remove the sign because it was done without prior approval.
Cal states that will be up to the City Attorney to decide.
Lori Hanson, owner of Big Sky Nursery spoke in favor of the
application. Lori stated that the neighbors are not opposed to the
signs and were in the audience to support the application.
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She states that the realtor assured her that the property was zoned
40 agriculture, and was out of the city limits at the time that they
purchased the property. When she received the tax statement from
Yellowstone County the taxes were approximately triple of what they
had previously been. When she contacted the County Tax Assessor
she was informed that the property had been annexed into city
limits and that the county is behind in their paperwork. Their
taxes went from $600 to $2100 for 6 acres. The lease money from
the billboards goes towards their taxes.
Cal clarifies that the annexation into the city caused their taxes
to go up, not zoning. Also he stated that before that property was
annexed into the city there were 4 advertisements in the paper and
all property owners within 300 feet were notified, and two public
hearings were held. Cal said that property owners of record were
notified by mail, but County records are behind and that is
possibly whey the Hansons may not of been notified.
No other proponents spoke.
OPPONENTS:
No one spoke in opposition.
After a motion by Miles Walton, second by Gerald Shay, the public
hearing was closed. (7:20 p.m.)
Cal stated that the issue before the board is the lack of getting
approval of the billboards prior to placement. Cal recommends
denial of the application. Cal goes on to remind the board that
they recommended denial on 5 billboards for Lamar Sign Company in
the same general area just last month and Lamar followed all of
Laurel's regulations. He feels the board has no other choice than
to recommend denial to the city council. He feels the board would
be remiss if they approve the application for Hall Outdoor.
Betty Hart feels we do have to deny the application but we should
not require the signs be removed. She wonders if there is any way
that condition could be part of the recommendation of denial.
Ziggy feels that this is a different issue because these are signs
that are already existing and have been there for many years.
Jerry clarifies that only one of the signs has existed in that
location since 1979. The second sign has only been up since July
of 1998.
Jerry feels that there are too many applications coming before the
board "after the fact" with the theory that it is better to beg
forgiveness than to ask for permission. The board then has to
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decide whether or not to let the problem remain or cause the
applicant financial harm.
Miles feels that the only consideration we should make is that the
applicant didn't follow procedure and what the board or city
council wants to do because of it. He feels that this application
and the application last month are close in nature, but due to the
fact that one did not follow procedure they need to be looked at
separately.
Jerry feels that the board has to say that procedure was not
followed and.the application be denied.
Motion by Betty Hart to recommend denial of the application
for Hall Outdoor but that a fine be assessed rather than removal of
the sign.
Motion died for lack of a second.
Motion by Gerald Shay, second by Miles Walton, that the
application for special review for Hall Outdoor be denied. Motion
carried with a 4-1-1 vote, (Ziegler voted "NO", Hart abstained).
Motion by Miles Walton, second by Betty Hart, to recommend
that the City Council hold a public hearing on this application.
Motion carried.
0 HOME OCCUPATION FORM REVIEW
Cal passed out a list of proposed changes to the Home Occupation
Ordinance 17.52.030 and the Home Occupation request form used by
the City offices. The board has been discussing this issue since
May.
Cal reviewed the proposed changes, and the board discussed each of
them.
Motion by Miles Walton, second by Gerald Shay, to have a
public hearing for proposed changes to Home Occupation Ordinance
17.52.030 on August 5, 1999 at the regular meeting of the City-
County Planning Board. Motion carried.
Cal informed the board of several issues pending within the City-
County Planning area. One is the consideration of an ordinance for
sexually-oriented businesses and the other is a committee meeting
on the Transportation Grant that Laurel received.
After asking for volunteers Board Chairman John Smith appointed
himself and Laurel Haggart to sit on the Transportation Grant
committee.
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The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Chery 1 Lund, secretary
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W 9 HALL
. lST S City Of Laurel
PUB WORKS: : 62&4796 WATER OFC: 628-7431 -
COURT: 628.1964 P.O. BOX 10
FAX: 628-2241 Laurel, Montana 59044
PLANNING BOARD
DEPARTMENT
APELICATION FQRM- SPECIAL REVIEW (Sign A)
The undersigned as owner or agent of the following described
property requests a Special Review as outlined in the City Zoning
Ordinance:
Lot 1 of Entertainment Park Sub,
Legal Description: N1/2 NW1/4 Sec 15, T2S, R24E, P.M.M.
General Description (address):
ATTACH MAP SHOWING DIMENSIONS, ACREAGE AND LOCATION OF TRACT. --X
owner of Tract: Paul and Lorrie Hanson / Phil Keeter,Agent
Mailing address: 1500 Shannon Rd,Laurel,Mt 59044
Phone Number: 628-6827
0 Attach site plan: X
Time Schedule for development:
Signs erected March through June,1998.
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Special Review request:
Allow outdoor advertising structure in a HC zone.
I understand that the filing fee accompanying this application
is not refundable and that it pays part of the cost in processing.
Also, that all information ned ;;?nd car ect.
Petitioner's Signature: T.
Petition No.: 32-
Fee paid and date: 4 JEL. o
Cere.BA
CITY HALL.
1 15 W. 1ST S Cit of L
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PUB WORKS: : 628-4796 y aure
WATER OFC: 628-7431
AIVRT: 628-1964 P.O. Box 10 REL
qW: 628-2241 L.auxel, Montana 59044
PLANNING BOARD
DEPARTMENT
APPLICATION FORM- SPECIAL REVIEW (Sign B)
The undersigned as owner or agent of the following described
property requests a Special Review as outlined in the City Zoning
Ordinance: Lot 1 of Entertainment Park Sub
Legal Description: N1/2 NW1/4 Sec 15, T2S, R24E, P.M.M.
General Description (address):
ATTACH MAP SHOWING DIMENSIONS, ACREAGE AND LOCATION OF TRACT: X
Owner of Tract: Paul and Lorrie Hanson / Phil Keeter,Agent.
Mailing address:-1500 Shannoa R our 1 ,Mt 59044
Phone Number: 628-6827
Attach site plan: X
Time Schedule for development:
Signs erected March through June,1998
Special Review request:
Allow outdoor advertising structure in a HC zone.
I understand that the filing fee accompanying this application
is not refundable and that it pays part of the cost in processing.
Also, that all informati pres nt d?- r and c rect.
Petitioner's Signatur C !?
Petition No.: iq- 7
Fee paid and date : 1150 -°e
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City Of Laurel is an EEO Employer
Equal Housing Opportunity
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OUTDOOR ADVERTISING STRUCTURE
TYPICAL BUILD:
TYPE: 12'x48' Painted bulletin, Double face(back to back).
Display area(576 sq.ft.)
Illumination: per face, two fixtures, 250W metal halide
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