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HomeMy WebLinkAboutCity/County Planning Board Minutes 04.08.1999MINUTES . CITY-COUNTY PLANNING BOARD April 8, 1999 7:00 p.m. Council Chambers MEMBERS PRESENT OTHERS PRESENT John H. Smith, Chairman Kurt Baltrusch, County Rep. Miles Walton, City Rep. Tom Robertus, County Rep. Clarence Foos, County Rep. Ziggy Ziegler, County Rep. Laurel Haggart, City Rep. Betty Hart, County Rep. Gerald Shay, Member at Large (arrived at 7:40) Cal Cumin, City Planner Cheryll Lund, City Secretary Dave and Paulette Wetzel, 916 Casa Linda Circle Motion by Miles Walton, second by Laurel Haggart, to approve the minutes of the February 11, 1999 meeting. Motion carried. Motion by Miles Walton, second by Ziggy Ziegler to approve the 41 administrative services bill for April 1999 for $200. Motion carried. TEMPORARY USE PERMIT- JUNGLE FREEZE- OLD NORTH SCHOOL LOT Dave and Paulette Wetzel of 916 Casa Linda Circle have applied for a temporary use permit for placing a shaved ice stand in the old North School lot on First Avenue. The proposal is to place the stand on the northwest corner of the lot. The Wetzel's state that they have permission from the Riccis to do so. ' It would be a walk-up business that will offer only shaved ice and only during the summer months. A question regarding what will happen to the business when the Ricci's begin construction of their building. The Wetzel's are assuming that the shave ice stand will be removed, depending on the time frame of the Ricci's new building. Question on water usage and sanitary needs. The previous business owners, on their busiest days, hauled in approximately 2 gallons of water for use and hauled out about the same amount at the end of the day. The building is self-contained. A clarification was made regarding which application is the final . one that the Wetzel's want considered. ti- 1 rip ii Discussion on the fact that the proposed application does not meet the requirements, such as off street parking, ingress and egress, parking area, paved lot and sanitary conditions. The Public Works Department recommended denial of the application because it does not comply with the regulations required of a temporary use permit. Mr. Wetzel stated that in talking with Larry McCann he was lead to believe that the parking requirements were suspended until the Planning Board could re-evaluate them. Miles stated that the parking rules are being re-evaluated but knows that they were not ever suspended. He stated that if they were to put in the shave ice stand after the Ricci's paved the lot it would be a different situation. Mr. Wetzel stated that Larry McCann told him, or lead him to believe that gravel would be adequate for the lot. And, he feels that the off street parking would be adequate for this type of a business because the traffic coming to this business wouldn't consist of many people at the same time. He also stated that there is parking available off-street around the block and across the street. He feels the requirement is not valid for his business. Miles states that the application is clear on what is required. Cal states that the requirements have a purpose and they need to be followed and the City has a problem allowing new commercial businesses on gravel parking lots. More discussion by board. Cal recommends denial based on 1) no planned paving by the applicant; 2) the recommendation of denial by the Public Works Director; and, 3) and putting this business on a "politically sensitive" area of Laurel that was approved for a specific business. Mr. Wetzel told the board that he felt they were being unfair to him by allowing him to apply for the application when it was well known that this would not be approved. He felt that Mr. McCann went behind his back regarding the application and had no intention of approving it from the very beginning because he did not like the type of business Mr. Wetzel was proposing. At this time Mr. Wetzel thanked the board for "nothing" and left the building. Discussion by board on application. The application is very specific in listing out the requirements for the approval of a temporary use permit are and it was explained to Mr. Wetzel when he made the application that the permit fee was 2 0 for reviewing the application and the fee is a non-refundable fee for the time that is required to review the application. The requirements (see attached) are specifically written out on the application. The city could of collected $ 300 because Mr. Wetzel submitted 3 different site plans that the Public Works Department reviewed. Motion by Miles Walton, second by Clarence Foos, to deny the temporary use permit for Jungle Freeze at the old north school lot, on the grounds that it does not meet the paved parking requirement, the egress/ingress requirement, and the Public Works Department recommended denial. Motion carried. DISCUSSION ON CHANGING MEETING DATE TO 1ST THURSDAY EACH MONTH. If the meeting were changed to the first Thursday of the month it would give the secretary at least 6 working days to finish the minutes. Right now the secretary has less than 8 hours to complete the minutes and put any Planning Board business on the agenda. At times the Planning Board meetings are quite lengthy and it is important that there be sufficient time to properly word the minutes and then review them before passing them along to the city council, especially when a legal recommendation has to be made. Motion by Kurt Baltrusch, second by Miles Walton, to approve changing the date of the Planning Board meetings to the first Thursday of each month, effective May 1999. Motion carried. HOME OCCUPATION REVIEW It has become increasingly evident that the Board is in need of reviewing the home occupation ordinances and possibly implementing some changes. In reviewing the ordinance it was discovered that there are many home occupations that have been approved that specifically go against our own ordinances. Discussion. It was decided that the board will review the application form for home occupations and discuss any changes that would make it easier for the Public Works Department and the Planning Board. They will also review the ordinance again and make sure they follow it. Cal also suggested looking at what the City of Billings does for home occupation requests. The secretary in the Public Works office will make sure each home occupation applicant is supplied with the ordinances regarding home 0 3 occupations and will not take any applications that are specifically prohibited by our ordinances. Cal recommended that more enforcement and follow up done on home occupations in the future. NEW ZONING DISTRICT -- BOGGIO LANE & SPORTSMAN PARK ROAD There was a new zoning district established in the Boggio Lane/Sportsman's Park Road area that is being overseen by the Laurel City Planner and Planning Department. Cal updated the board on various projects being done in Laurel and the surrounding area. There are two CTEP projects that are in the works. The first one is the Log Cabin Restoration for the Chamber of Commerce building and the Canyon Creek project. Cal also mentioned the South Pond, the Graham/Fritzler/Mize land, the Laurel Revitalization Group and the $85,000 grant he has applied for regarding transportation. Question on whether or not the city has jurisdiction over the airport. The answer is no, they are out of the city limits and not in our city limits or zoning jurisdiction. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Chery 1 Lund, Secretary 4 1* CITY OF LAUREL TEMPORARY USE PERMIT Name of applicant. Lt E4 Tel: O 3. Address of applicant: ko C21?_6.4 L M O4 Page 1 of 2 ???_ E _- 2. Name of business: 4. Proposed address of business/temporary use: tr`r 5. Type of temporary use alOs 1ST CWis 3c, ? ??' Group 2 Temporary Use. This group consists of temporary uses of `t 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. Group 3 Temporary Use. This group consists of temporary uses of propert}' 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' or (2) Other uses, such as carryout expresso stands, as alloyed in the appropriate zoning rstricts. b. Location and Time Restrictions. (1) Ain- Group 3 temporary use/structure existing upon adoption of this chapter, shall be deeined 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 pennanent use by complying with the Uniform Building Code,. site development standards, and any other federal, state, or local requirements. plapler Any Group 3 temporary use/structure which does not exist upon adoption of this 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. ?J 6. Standards: a. Two (2) signs not to exceed thirty-two (32) square feat in area and eight (8) feet in height sliall be allowed, excluding A-frante 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 structure and off-street parking for customer and use-related vehicles. The parking area, driving lanes, and egress'inngress 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 withinn 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: 0 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 (S 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 slnowintg the above referenced requirements must accompany this application. 9. Approval of proposed plan by City Engineer!County Public Works Office: 10. After approval by the Planning Boai•d, applicant needs to obtain a business license from the City. • ?lssr ST QEET' Z V6,F, t 1ST A vF- NofZTN 0 0 0 CITY HALL 115 W. 1ST ST, PUB WORKS: 628-4796 City of Laurel WATER OFC: 628-7431 ,,COURT: 628-1964 P.O. Box 10 X: 628-2241 Laurel, Montana 59044 March 31, 1999 To: City-County Planning Board From: Larry McCann, Public Works Department RE: Jungle Freeze Temporary Use Permit U. ?M R?L PUBLIC WORKS DEPARTMENT The department reviewed the temporary use permit application for Paulette Wetzel for the proposed Jungle Freeze and found that City Ordinance requires a paved parking area. Therefore, the department recommends denial of the application. The water usage and sanitary needs at this operation was explained as water being carried in and out. The concern is the wastewater will end up on the lot. The applicants for this proposed vending operation have looked at other sites and cannot find an area that meets ordinance requirements. This type of operation is more fitting as a sidewalk vendor cart. Sincerely, Lar McCann Public Works Director cc: Wetzel City Of Laurel is an EEO Employer Equal Housing Opportunity