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HomeMy WebLinkAboutCity/County Planning Board Minutes 04.09.1998 MINUTES CITY-COUN'.CY PLANNING BOARD APRIL 9, 1998 7:15 P.M. COUNCIL CHAMBERS MEMBERS: John Smith, Chairman Gerald Shay, Member-at-Large Kurt Baltrusch, County Rep. Miles Walton, City Rep. Merrill Watkins, County Rep. Charles Fischer, City Rep. Betty Hart, County Rep. Clarence Foos, County Rep. (arrived 7:45) Ed Thurner, City Rep. (arrived 8:00) OTHERS: Cal Cumin, City Planner Cheryll Lund, City Secretary Motion by Miles Walton, second by Merrill Watkins, to approve the minutes of the March 12, 1998 meeting. Motion carried. Motion by Gerald Shay, second by Betty Hart to approve the bill for administrative services for $200 for April 1998. Motion carried. Inezeasina Review Fees Discussion was held on Cal's recommendation to change the City's review fee schedule. The schedule is outdated and has not been reviewed and changed for many years. The schedule that Cal is proposing (see attached) increases the fees considerably. He has looked at the fees that the City of Billings charges and he feels our fees are lower than they should be. The home occupation fee is proposed to raise from $25 to $150 to help discourage some home businesses that are the same type of businesses that are located downtown. Cal points out that the home occupation ordinance has not been followed like it should be and there are businesses in the downtown area that are in competition with the same kind of businesses located in residential areas. This seems to be a controversial issue and an important issue to the downtown businessmen. The review fee issue will be discussed at the May 14, 1998 meeting. He suggests that the board look over the fee schedule and make a recommendation at the May meeting. 1 Question on how Billings handles home occupations. Cal will find out and have this information at the May meeting. Discussion on 1998-99 Budget Cal handed out the budget for the board that he presented to the Budget/Finance committee. He proposed a substantial raise in the budget because of the City Council's request that we review the comprehensive plan. To do that there will be costs for printing, advertising and other services that will be required. Cal pointed out that every year there has been a $4,000 carryover in the Planning Board budget reserved for comprehensive planning and we can apply this. This carryover amount, along with the proposed raise in review fees, will cover the additional money needed to spend time on the comprehensive plan and other issues as needed. (see attached) Question on grants that would be available to accomplish what the Planning Board needs to do? Cal states that he is not aware of any grants. Motion by Gerald Shay, second by Merrill Watkins, to accept the proposed budget as presented. Motion carried. Mountain View Preliminary Plat This is a re-submittal of the preliminary plat that was brought to the November meeting. There was no meeting in November due to the lack of a quorum, but the plat was discussed by and before the board members present at the November meeting. This is a re-submittal of a minor subdivision. Since the last time this was submitted there were some changes that were made on this plat. But only one of the seven items needed for the preliminary plat approval has been addressed, that of providing contour lines. As evidenced by the controversy at the April Planning Board meeting, the issues of access have not been resolved. The latest concerns of the County Public Works Department (see attached letter) must be addressed. The County Clerk and Recorder also has some concerns about proper prior deed recordings in the area. Letters of approval need to be obtained by the subdivider from both the County Public works and Recorders office before the preliminary plat is brought back before the Planning Board. Mr. Graham stated that a Homeowner's Association was added to the restrictive covenants. There is also a verbal agreement from Montana Power and Yellowstone Valley Electric Co-op with a written agreement to follow. Dan McGee of McGee and Company spoke regarding this preliminary 2 plat. He appologized that he neglected to put some of the items on the plat that Cal had given to him in a letter. There have been issues brought up on this preliminary plat that address access problems, Public Works, and also with the County Clerk and Recorder regarding a legal confusion on the identification of the survey sections. This has created a problem with lots owned by Ken Mize and Dick Fritzler. Cal also presented a letter he received this week from the County Public Works office (attached) regarding concerns and unanswered questions about road work permits and legal access to the subdivision. A lengthy discussion was held on road work, access, turn around, utility easements, and some of the legal problems regarding this subdivision. Mr. Graham, Mr. Mize and Mr. Fritzler each spoke regarding the controversy regarding easements, accesses and other legal issues involved. The Planning Board is not involved in some of the issues that were brought up but appreciated the information it received from these three people. It was decided by the board that this preliminary plat be tabled until the plat is brought back to the board with all of the necessary additions, changes, and with approval letters from County Public Works and the County Clerk and Recorder. Motion by Merrill Watkins, second by Betty Hart to table the Mountain View Estates preliminary plat until it comes back with all of the changes that Cal, the county public works office, the Clerk and Recorders office, and various utility companies are requesting. Motion carried. Mountain Mudd - Tem~oorarv Use Permit Kevin Unruh was present regarding a temporary use permit to allow him to put in a building at Town Pump to sell coffee. Mr. Unruh came to City Hall on February 16, 1998 and talked Public Works Director Larry McCann. He gave Larry a copy of the lease agreement and spoke to him regarding the building he planned to put up. On March 2, 1998 he came back in and purchased a building permit and business license for the building and business. The building was moved in on March 20, 1998 and opened for business on March 23, 1998. 3 Mr. McCann was unaware of the need for a temporary use permit and did not mention it. Mr. McCann is new to the city and was unaware that the temporary use permit was required. Cal stated that all Mr. Unruh has to do is bring in a site plan and a $1500 bond with the City of Laurel named on the bond. Mr. Unruh stated that they had a $5000 bond made out to the City of Laurel, and he will bring in the site plan and the bond as soon as possible. After a discussion by the Board a motion was made by Merrill Watkins, second by Miles Walton, to approve the temporary use permit for Mountain Mudd. Motion carried. The meeting was adjourned at 9:30 P.M. Respectfully submitted, Cher~nd, Secretary 4 T' P.O. BOX 10 PHONE: 628-8791 MEMORANDUM SUBJECT: TO: FROM: . DATE: City of Laurel LAUREL, MONTANA 59044 PLANNING DEPARTMENT Proposed Planning Board Budget for 1998-9 Budget and Finance Committee Cal Cumin ~~ March 31, 1998 This proposed budget will be reviewed by the Planning Board Apri19, 1998. The objectives of this proposed budget are to: 1. fund the on-going planning program for the Laurel City-County Planning area, and 2. fund new planning, planning analysis, and implementation in the North and South First Avenue areas and the CBD Zoning District. Budget Item Printing: Maps ($2,000): 1997-8 Budget Increase To Amount $50 $4,550 $4,500 Working base maps for land use inventories Master land use proposal maps Master land use plan (final) Lot coverage maps New zoning maps Community Surveys ($250) GIS Data Base Refinement ($1,000) Aerial Photography (existing flight data): copies, manipulation, and printing ($250) Budeet Item 1997-8 BudEet Increase To Amount Parking designs/locations/layout/access ($750) Publishing ordinance change proposals ($250) Advertising: Proposals, hearings, and meetings: $300 $500 $200 Consultant Services: Cumin Associates: $14,500 $15,000 *Other Consultant Services: *Update land use inventory in plan focus azea: -basic land use survey -multi-story -vacant, pazking *Central Business District incentives for development (taxes, financing, parking, special regulations) *Review-revise commercial zoning ordinance: *Computerize planning data base: Total Increase: *Cumin Associates with other planning, legal, and financial specialists as needed. $500 $1,700 $1,100 $1,500 $1,000 $10,500 ~/~ C'- ~C'C%C~CG~e~~O2P U' ~CC/~if PUBLIC WORILS DEPART6IENT PO Box 35024 Billings, NTr 59107.5024 April 8, 1998 Mr. Cal Cumin City of Laurel P.O. Box 10 Laurel, MT 59044 Phnne (406) 256-2735 Fax (406) 255-2736 RE: PRELLVIINARY PLAT OF MOUNT.b,IN VIEW ESTATES SUBDIVISION Dear Mr. Cumin: Public Works has reviewed the above mentioned preliminary plat as received on Apri16, 1998, and offers the following comments: ACCESS It would appeaz from the location of Valley Drive and the private road as shown on the plat that there is no legal access to this subdivision without the land owner in Section 32, Township 1 South, Range 24 East granting an easement. There is no mention of this in the SIA (see attachment for owners to north and east). ROADWAYS 1. The existing private roads must be constructed to Yellowstone County standazds (see attachment). The previous review letter, dated November 10, 1997, stated under "ROADWAYS" #4 that prior to any road construction, the developer shall notify the Public Works Department. These roads aze now shown as existing and were constructed without the Public Works Department being notified, as previously suggested. This now requires that the County Inspector view these roads to determine if they meet Yellowstone County private road standazds. These roads need to pass inspection before the plat is accepted. J!!e: p:IpwJeffslsnbrllaure7lmonNlew.sub PRELIMINARY PLAT OF MOUNTAIN VIEW ESTATES SUBDIVISION APRIL 8, 1998 PAGE 2 2. A permit from the Public Works Department must be obtained to gain access to Valley Drive. As no permit was issued, this access is in violation and needs to be resolved with the County Inspector. 3. The access to Lot 1 needs to have an approved turnaround. If we can be of further assistance or if you have any questions please contact me at 256- 2989. Sincerely, ~~~ Craig Mamey Civil Engineering Technician Jlle: p:IpwJeJ)"slsubsllaurellmontvlew.sub peso j~/N~~yc!/N ~~~~~ize ~a~u~~ PUBIIC WORIfS DEPARTMENT Phonc (406) 256.2935 PO Box 35024 - ~ Faz (406) 256.2736 Billings MT 5810?-5024 SUBDIVISION NAME: Count~or Dedicated Roadway Z~ ~, PST 3!! g' OF 1-1/2' Rd 12~ OF PIT RUN GI I~ff radlw 38' minimum radius Private Roadway 2' A.C. PAVE1AENi r (a APR1G19.a $ of t-t/z• RO! 8~ OF Pfr RUN CfL rediui A 38' minimum radius Minimum lone wid,4fi far this subdivision is ~ ~~~ STANDARD SECTION Nor ro xN.E STANDARD SECTION Nor ro svaE RR G"' ;1 d 600 ~ o ~~~ j/~~!' Signature;~^ ~ r .:._.`d~~""W Date; ~~~~" Permit# ~ e/~ NOTE: W'dar Iona eidtn may ha nWU;rad as a caMiUOn p! darabpmant. RaplodunLle plan and profib ahaela pro roqu;ratl Eelaro eamplatien, ~' !'' 4 Y 5 ~ ~ ~ .~ ! . a G \. '~ i ~ ~'~ ` .1 ~ N , •. 3 Y/ .;~ ~~ .. ' .. .. '. . r < 1 1. 'T'AXPAYER INQUIRY 1. TAXPAYER # 2. INTEREST DATE GEO CODE # FRANK, HERTA PO BOX 154 LAUREL MT 59044 ------------------------------ DATE YR HALF TAX AMOUNT 11/30/91 91 1st 127.53 2nd 127.53 11/30/92 92 1st 126.84 2nd 126.84 11/30/93 93 1st 129.14 2nd 129.13 11/30/94 94 1st 133.52 2nd 133.50 11/30/95 95 1st 147.33 2nd 147.33 11/30/96 96 1st 156.09 2nd 156.08 11/30/97 97 1st 155.37 2nd 155.37 TAXPAYER INQUIRY 1. TAXPAYER # 2. INTEREST DATE GEO CODE # ROSSELOT, ROBERT P, WILLIAM F & CHARLES H & ROSSELOT TRUST 1873 VALLEY DR LAUREL MT 59044 1812 VALLEY DR 0440000 D00253 UNPAID TAXES 04/09/98 $0.00 03-0925-32-2-01-01-0000 OLD #(D 1678) ALL (LESS C/S 1063 & HWY) 32 1S 24E 622.99A ------------------------------------- PENALTY INTEREST TOTAL DUE **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** PAID **** **** **** **** **** **** **** **** **** **** **** **** **** **** 11/12/91 11/12/91 11/17/92 11/17/92 11/17/93 11/17/93 11/07/94 11/07/94 11/22/95 11/22/95 11/21/96 11/21/96 11/21/97 11/21/97 D02523 UNPAID TAXES 04/09/98 $0.00 03-0821-04-2-01-01-0000 LOTS 3 & 4, SW4NW4 (LESS SURVEYS, HWY, RD & SUBS) 4-2S-24E (OLD CODE # D-2440) 94.023A -------------------------------------------------------------------------------- DATE YR HALF TAX AMOUNT PENALTY INTEREST TOTAL DUE 11/30/91 91 1st 309.96 **** PAID **** 11/20/91 2nd 309.94 **** PAID **** 05/30/92 11/30/92 92 1st 310.63 **** PAID **** 11/13/92 2nd 310.62 **** PAID **** 12/18/92 11/30/93 93 1st 402.38 **** PAID **** 11/19/93 2nd 402.32 **** PAID **** 03/21/94 11/30/94 94 1st 416.59 **** PAID **** 11/10/94 2nd 416.58 **** PAID **** 05/18/95 11/30/95 95 1st 424.94 **** PAID **** 11/07/95 2nd 424.93 **** PAID **** 11/07/95 11/30/96 96 1st 64.24 **** PAID **** 11/14/96 2nd 64.23 **** PAID **** 11/14/96 11/30/97 97 1st 68.93 **** PAID **** 11/14/97 2nd 68.93 **** PAID **** 11/14/97 `~, ~ ~~ CITY OF LAUREL TEMPORARY USE PERMIT Page 1 of 2 1. ivama of applicant: Dirt U~C1Qcp~l~lYCl V`~~ Tcl(}~~~ tP ~~ ~ l 2. Name of business: t U v(1(.vi~?yv/t ~,.~~~(~ OC. /7, ~, 3. Address of applicant: ~ ~ c~- J ~" ~ `-^ """'O- C.~/-~ . 4. Proposed address of business/temporary usa: S ~ ~- ~ S r~Cte 5. Type of tarctporary' use Group 2 Temporary' Use. This group consists of temporary uses of property continuing for longer than forty-eight (48) but lass than dtim' (30) days. E~catnples of Group 2 Temporary Uses are carnivals, circuses, Christrnas tray sales, etc. Group 3 Temporary Usa. This group consists of temporary' uses of property continuing for longer than thirty (30) days but lass than one (1) year. a. The following temporary uses may be allowed in dtis group: (1} greenhouses or other similar seasonal-oriental 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 espresso stands, as allotved in the appropriate zoning districts. b. Location and Tima Restrictions. (1) Any Group 3 temporary use/structure existing upon adoption of this chapter, shall be deemed a legal nonconforming usa. all existing legal Group 3 nonconforming temporary uses,!structttres, as of the affective date of this chapter or any atnendment hereto, shall ba removed or become a pennattent use by complying with the Uniform Building Code, site development standards, and any other fedarel, state, or local requirements within two (2) years from die data of the enactment of this chapter or any amendmc~trt hereto. (2) The owner/operator may-, at azry tune during the tw•o (2) years as a Group 3 temporary use, become a permanent use by complying with the Uniform Building Code, site davalopmant standards, quid any other federal, state, or local requirements. (3) Any Group 3 temporary use/structure which dons not aiflst upon adoption of this chapter shall meet the supplemental standards in below subsection (c) and shall also be removed when the rivo (2) year amortization period in above subsection (1) expires. Pa9~ z ar z Y ~ 6. Standards: a. 1't~o (2) signs nut to exceed shirty-twu (32) square Feet in area and night (8) fact in height shall be allowed, excluding A-frame signs, and shall be removed along with tho temporary use what tho approved tune limit or temporary us~~slnichire peratit has expired. h. Tate temporary use must provide sufficient space to accommodate the stntchtre and oft=street parkuig for customer and use-related vehicles. The parkhtg area; dt•iviue lanes, and egress/ingress shall be paved, and the sits 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 Latuel but within its one (1) mile zoning jurisdiction. c. Clear sight vision for site ingress and egress shall be provided as approved by tfie City Engineer if within the Laurel municipal (units or by tkte County Office of Public 6Z'orks if outside of Laurel but within its one (1) mile zoning jurisdiction. d. Access to public right-of--way shall be approved by the Cih' Engineer if within the municipal limits of Laurel or by the County OBice of Public Forks if outside of Laurel but within its one (1) mils zoning jurisdiction. e. Application for a temporary use/structure pettnit shall be made at the City Public Works Deparhnent to the Planning Board at least one (1) month ahead of the Plamting Board's regularly scheduled uteethtg date accompanied by a one lumdred dollar (5100) application review fee. 7. Perntit required: Before any Group 2 or Group 3 Temporary Use or Stntcture is established the property owner shall obtain a temporary use structure permit, as delineated above. Irt addition, the property owner shall post a fifteen hundred dollar (51,500) money order or cashiers check with the City of Laurel to enstue timely removal of the use and/or structure. 8. ~. copy of the site plan showing the above referenced requirements must accompany this application. Approval of proposed plan by City Engineer.'County Public Works Office: 10. Aftet• approval by the_ Planning Board, applicant needs to obtain a business license from the City. PLANNING REVIEW FiJiJS 9Apr98 City of Billings-Yellowstm~e County Planning Laurel Action Current/Recommendedf$1 Current/Recommended($) Zone Change 330 600 100 ~ 250 Special Review 330 600 ICO 150 Planned Unit Development 660 1200 0 250- Variance 150 (resid) 600 56'g5 100 190 (comet) 600 ~~5 100 Annexation 0 400 100 150 Corridor Zoning Permit 500 600 -- -- Preliminary Plat (major sub) 675 (16.75 900 (22.50 100 500 /lot (greater)) /lot (greater)) Preliminary Plat (minor sub) 250 450 100 250 Final Plat (major sub) 260 (8.50/ 300 (9.80/ lot (greater)) lot (greater)) 0 250 Final Plat (minor) 150 200 0 I50 Temporary Use Permit 150 (initial) '100/year (if renewable) Zoning Questions 0 50 (if req's site visit) Home Occupations was lso