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HomeMy WebLinkAboutCity/County Planning Board Minutes 01.14.1999MINUTES CITY-COUNTY PLANNING BOARD JANUARY 14, 1999 7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Gerald Shay, Member-at-Large Kurt Baltrusch, County Rep. Miles Walton, City Rep. Clarence Foos, County Rep. Ziggy Ziegler, County Rep. Laurel Haggart, City Rep. Betty Hart,' County Rep. Ed Thurner, City Rep. (arrived at 7:30 pm) OTHERS PRESENT: Cal Cumin, City Planner Cheryll Lund, City Secretary Mr. & Mrs. Ron Bureau Dean Rankin Minutes of the November 12, 1998 were approved. Bill of $200 for administrative services was approved with a motion by Ziggy Ziegler and seconded by Betty Hart. Motion carried 7-0. Minutes of the December 10, 1998 meeting were approved with a motion by Miles Walton and second by Ziggy Ziegler. Motion carried 7--0. Laurel Haggart was introduced as the new member replacing Bob Dantic. HOME OCCUPATIONS: Ron Bureau of 518 Fir Avenue has requested a home occupation to run a private investigation service. He will have no customers or traffic coming to the home. He will be an unarmed investigator and is licensed through the state. Cal recommends approval because it meets all of the requirements of a home occupation. Motion by Ziggy Ziegler, second by Miles Walton to recommend approval of the home occupation for Ron Bureau at 518 Fir to run a private investigation service. Motion carried 7--0. PUBLIC HEARING: ZONE CHANGE FOR CANYON CREEK STATION SUBDIVISION The Planning Board meeting was adjourned and the zoning commission 1 reconvened to hear the zone change request for Canyon Creek Station subdivision. The zone change request is from Light Industrial to Highway Commercial. Dean Rankin spoke regarding the application. He states that the Highway Commercial zone being requested has a broader spectrum of businesses that are allowed and are more applicable to retail business. There is more flexibility. (note: the chart defining this is on page 392 of the L.M.C.) The property is approximately 8 1/2 acres and right across the street from Fichtner Chevrolet. The back of the property borders Fox Lumber Distribution. Dean has been specifically approached by people that want to put a motel in that area. There were no opponents or proponents present. Public Hearing was closed at 7:20 p.m. Discussion by Board. Cal handed out his recommendation to the Planning Board regarding this application for zone change. Motion by Miles Walton, second by Kurt Baltrusch, to recommend approval to the City Council for the zone change from Light Industrial to Highway Commercial for Canyon Creek Station Subdivision. Motion carried 7-0. At this time Ed Thurner arrived at the meeting. (7:30 pm) The Zoning Commission was adjourned and the Planning Board was reconvened.. PROPOSED ORDINANCE CHANGES FOR MANUFACTURED HOMES: Cal handed out some changes he would like to see the board consider allowing manufactured homes in some areas of Laurel. He would like us to consider opening up some of the agricultural open, residential tracts and suburban residential zones to newer manufactured homes. If the 5 proposed requirements (see attached) are met before moving the manufactured home onto the lot, Cal feels this would be an enhancement of some of the older areas of Laurel. 2 Discussion regarding the differences in Class A and Class B manufactured homes. Discussion on the difference between zoning and covenants. Discussion on why Cal feels these proposed changes would be beneficial to Laurel. Cal would like to have a direction from the Board regarding this issue. He recommends that a public hearing be set for the February 11, 1999 meeting. Miles questioned Cal on why a zone issue on W. 8th Street went through the Board of Adjustments and not the Zoning Commission. Miles would like to see consistency on what type of application goes to what board. Discussion on Home Occupation applications, whether it would be in the best interest of the Board and the City Council to have Cheryll review the applications and send only the questionable applications through the board and council. It was the consensus of the board that this would put more responsibility on Cheryll and the application process should remain as is. UPDATE - DOWNTOWN PLANNING: Cal updated the board on the development of the downtown business district. This group is just getting started and is busy setting up the groundwork to do so. The name of the group is "Laurel Proud". Cal has attended all of the meetings and feels that this group is going to be a big asset to Laurel. He encouraged the board members to attend as many meetings as they could. Cal informed the Board that Laurel is in the running for an $85,000 grant for transportation. Out of 500 communities throughout the United States Laurel was one of 55 towns chosen. Cal is working on the application and will keep the board updated. The meeting was adjourned at 8:34 p.m. Respectfully submitted, ~^ry 1 Lund retary 3 ~ ~ cxTx of LAUREL CITY OF LAUREL HOME OCCUPATION REQUEST FpORM 115 W. 1St P.O. Box 10 Date /,f~/~9 Laurei, Montana 59044 Name ~,~y1d Ly ~,?Ei~c~ Telephone ~3J'-7J')~~./r~~ Address S/~3 ~i,~ .fir-.~.~ ,~.e~~.z« s9ay5~ Description of desired home occupation /-Y//~/9TE ~Nl/ESTiG-/9Y/O,aJ$' Answer the following questions with a yes or no; (explain all "yes" answers): 1. will any person other than a member of the immediate family occupying the dwelling be employed? (except for domestic help) .r/o 2. Will any stock in trade be displayed or sold upon premises? 3. Will the character of the principal building be altered from that of a dwelling? .~/g 4. Will any illuminated signs be used? (City Ordinance dictates that no sign other than one giving the name and occupation and not more than one square foot in area be displayed)/o 5. Will more than 25°s of the area of one story of the building be devoted to the planned home occupation? il/n 6. Will any equipment be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference? n/o 7. Will any equipment or process be used which creates visual or audible interference in any radio or television receivers off the premises? ~t/'o e. Completely fill out the attached form listing the names, addresses, and telephone numbers of all residents living on property within one hundred (100} feet of your vroAerty line. .This includes property across the street or alley from your property. Include on the list all the information requested including property resident's signature indicating the resident understands this request and an indication of support or opposition to this home occupation. If this information is inaccurate or incomplete, it is grounds for denial of this request. 9. A fee of $ 150.00 (one hundred fifty dollars), to cover the cost of administration, must accompany this application before it will be accepted for processing. INFORMATION: Home Occupations are deemed to be site specific and owner specific. Thus, the use of a portion of a dwelling for a home occupation will not permit the preceding owner an automatic home occupation designation. PROCEDURE: 1. Complete this Home Occupation Request Form and submit it to the secretary in the Public Works Office seven (7) workincr days prior to a regularly scheduled meeting of the City-County Planning Board (which usually meets on the second Thursday of each month). 2. The Planning Board will consider the request at their meeting. Attendance by the applicant for home occupation or his representative is required at this meeting. 3. The Planning Board will make a recommendation to the City Council that the request for home occupation be granted or denied. 4. The City Council, at its next regularly scheduled meeting, will consider the Planning Board's recommendation regarding the home occupation and approve or deny the request. The appplicant or his representative must also attend this City Council meeting. If the Council approves the home occupation, the applicant must then go to the Council's Business License Committee for the actual business license to operate the home occupation. SKETCH: In the space below, provide a sketch with basic dimensions showing the locations of your planned business in your home in relation to other areas of the house. Include any storage area the business may require. ~J~~~o6n~ ~R~ ~~~RO D n.~ D~ u~ic,rY ~1~~~~,~ ~OM ~Am ~cY ~Y ~I ~~ Printed Name Ad ress P one Si nature u rt ose 1 . ~r,~ A~~ ~ ~/sorv 5~ or12 ZA ~Ct ~ (~s3-~9/.~ L~~ -no.~..; ~ z . , ' ~ 13 r' a. rt / 0. n ~I, ,p, 0 ~ ~ 3 9 G.~'~ ~ ~.S/S I~ ~h~ ~ ' f ~ti~1~ //1~~+ ~ Z 4. ~ ~ce ^U C7c ,( , s.'f r ~~ ~ S~i~r~ ~ ~„~ ~ ~~ _ / 7 . ~ ~+ ~ ~ A : a o . ~~t~ ~:.~~- . ~ 30 ~~~~ ~~~~ ,,//11 9. li1Rr n X73 ~l G L ~ lo. ~y~(Nui~ e~+aFn~ 319 z.~~~ ~I.i4 L~ G7-~ C!' (bc C/ 117 e. 513E 1„~~u~ ~~8 63~G e 12 ~' Sl ~ Fi ' c ~ ,~ ~ L ~d,~'7o i / 14. ls. 16. 17. 18. 19. 20. (add more lines and pages if needed) OFFICE IISE ONLY Date application received: /- ~~ ~ Fee paid• Yee No Meeting date: C/C Plaaaina /~ /y- 9~' Approved/De ied CC Plaaning ~-14-99 City Council [oem. xan.aca ~K January 6, 1999 To it may concern: Please consider this my written request for Bear Creek Investigations (Private Investigations) to be a designated home occupation. The purpose of this Company is to provide a service to the community and surrounding areas. The use of my home as an office is solely to receive calls from perspective clients/clients and to do various administrative duties. It is not my intention to entertain clients at my residence for business. The majority of my business will be conducted from my personal vehicle not my residence. I can guazantee there will not be an increase in vehicle traffic in the azea due to this business. I would greatly appreciate any consideration you can give me in seeing a personal goal become reality. Thank you for your time and consideration in this matter. Sincerely, Ronald W. Bureau Bear Creek Investigations, Inc. (President/Ciwner) MEMO SUB]ECT: Findings and Conclusions Regarding Rankin/3D's Zone Change Request TO: Laurel Zoning Commission FROM: Cal Cumin, Laurel Planning Consultant DATE: January 14, 1999 LEGAL COMMENTS 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 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 chazacter 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 20% or more of the area of the lots immediately adjacent in the reaz thereof extending 150 feet therefrom or of those directly opposite thereof extending 150 feet from the street frontage of such opposite lots, such amendment shall not be come effective except by the favorable vote ofthree-fourths of all the members of the city council. SPECIFICS OF RANKIN/3D'S TRUST ZONE CHANGE REQUEST Lots 1 and 2 of Canyon Creek Station Subdivision are presently zoned Light Industrial as is all the property to the north of them all the way to East Railroad Street; this zoning also extends to the east of the subdivision approximately 500 feet. All the rest of land in this area is zoned Highway Commercial, including all the land directly across the street. Other new uses that come into this area will also probably be of a Highway Commercial nature rather than Light Industrial, and the City's Light Industrial area will probably concentrate further to the east. CONSIDERATIONS The application as requested proposes no land use problems and is not in conflict with the City's adopted Land Use Plan. It does not lead to unnecessary congestion, is not an undue burden on City services, and is in keeping with the general character of the area. Cr<Y~LL l I3 W, lST ST. ~ Cit Of Laurel PUB WORKS: 528.4795 y WATEROFC:628.7431 -' COURT: 528-1964 P.O. Box 10 .,.,, ~i FAX: 628-2241 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 Light Industrial Zone To Highway Commercial ~ Zone 1. Legal description of property: Cannon Creek Station Sub. Lots 1~2 2. General location: 4th Street South 3. Proposed use: Retail 4. Owner(s): Dean Rankin/3 Ds Trust 1(310o5th Ave eLaurel Montana 59044 (address) 406-628-8276wk 406-628-8050hm (phone number) ' 5. Agent(s): ' (name) (address) (phone number) 6. Covenants or deed restrictions on property: Yes No (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 SE PRESENT AT HEARINGS. PETITION NO. FEE PAID o~J~Q. ~ /„2- %- PETITIONER'S SIGNATURE i s DATE - larm.2CNng~ CITY OF LAURE 115 W. 1st ` P.O. Box 10 City Of Laurel is au EEO Employer Laurel, Montana 59044 Equal Housing Opportunity ~ ~ ~ ~ ~ ~C ~11L111W L_=__~J 61 I I I fbf x_31 ~ ~ ~LCU1u~ Street ~ c W o ~ o $ `° lQ FL- V! LL. ~ U 5~~ • ~ Street-` ~ 6 ~_ aG -- F\tsti m m ` Street ~1 "o Vd9 0 ®~ ~ `~4/ oc ° ~ ~o ' ~ BNRp~LAOpO ~ r ~. rA.A7 ~ , 4 ~ ~ SUB ~~ a HAGEM N SUB 1 ' CS 1752 c B~ t 36 7 1 a 4TH S' so to C51 8 i ' ~ pG£~N o UB // 4A A w C.S. 989 C.S.1423 AMND ~ x TR A1A7 BA 3B 1 OF a CANYON CREEK STATION SUB Y 6A 6 1-A I *B ~ u ~ z e e ~ e ano • C[TY HALL 1 l5 W. 1ST ST. PUB WORKS: 628-4796 WATER OFC: 628-7431 COURT: 628-1964 FAX: 628-2241 City Of Laurel P.O. Box 30 Laurel, Montana 59044 December 14, 1998 ~~ PLANNING DEPARTMENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Laurel-Yellowstone City- County Planning Board will hold a Public Hearing on Thursday, January 14, 1999, at 7:00 P.M. in the Council Chambers of City Hall, Laurel, Montana, for the purpose of reviewing a proposed change to Highway Commercial for the following described property: Canyon Creek Station Subdivision, Lots 1 & 2, general location 4th Street South East. Information concerning this proposed change can be obtained at the Office of the City Engineer, City Hall. Anyone wishing to protest the proposed change or speak in favor of it may appear at this hearing with or without counsel. John H. Smith, Chairman Pub. 12/23/98.& 12/30/98 Laurel Outlook City Of Laurel is an EEO Employer Equal Housing Opportunity DISCUSSION BEFORE LAUREL PLANNING BOARD January 14, 1999 RECOMMENDATION TO CHANGE ZONING ORDINANCE TO ALLOW MANUFACTURED HOMES (CLASS A AND CLASS B) IN AO, SR, AND RT ZONES. 1. Manufactured Homes, Class A and B, are defined in the Laurel Zoning Ordinance as follows: Manufactured Home, Class A: A manufactured home constricted within the last two yeazs, that meets or exceeds the construction standazds promulgated by the U. S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria: a. The home has a length not exceeding two times its width; b. The pitch of the unit's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; c. The standard siding consists of wood, hazdboazd, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction; d. A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and e. The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. Manufactured Home, Class B: A manufactured home constructed after January 1, 1990, that meets or exceeds the construction standazds promulgated by the U. S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A manufactured home. 2. Currently the Zoning Ordinance requires any manufactured home regazdless of class to be located in the RMH zone only. A1198.doc