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HomeMy WebLinkAboutCity/County Planning Board Minutes 03.12.1998MEMBERS PRESENT: MEMBER ABSENT: OTHERS PRESENT: MIIqUTES CITY-COUNTY PLANNING BOARD MARCH 12, 1998 7:00 P.M. COUNCIL CHAMBERS John Smith, Chairman Gerald Shay, Member-at-Large Kurt Baltrusch, County Rep. Miles Walton, City Rep. Clarence Foos, County Rep. Ziggy Ziegler, County Rep. Bob Dantic, City Rep. Charles Fischer, City Rep. Betty Hart, City Rep. Ed Thurner, City Rep. Merrill Watkins, County Rep. Cal Cumin, City Planner Cheryll Lund, City Secretary Motion by Miles Walton, second by Gerald Shay, to approve the minutes of the February 12, 1998 meeting. Motion carried. Motion by Gerald Shay, second by Miles Walton, to approve the $200 bill for administrative services. Motion carried. HOME OCCUPATION Todd McKeever of 804 W. 4th Street (out of city limits but within city zoning jurisdiction) was present requesting a home occupation to use a computerized embroidery machine in his home to embroider garments and other items. He and his wife will run the machine. They plan to have no other employees. They will not display any of their wares in their home or have customers coming to the home. Advertisement will be done by word of mouth. Motion by Gerald Shay, second by Betty Hart, to recommend approval of the home occupation request at 804 W. 4th Street for a computerized embroidery business. Motion carried. (No city license is required because he is out of the city limits). Planning Board meeting was adjourned and the zoning commission was held. ZONE CHANGE REQITEST - OLD NORTH SCHOOL LOT- VINCE & DEBBIE RICCI Cal spoke regarding the zone change request from Vince and Debbie Ricci. He went over several issues involved in the proposed zone change. He spoke to the board regarding spot zoning. Ail factors have to 'be present for the court to determine spot zoning has occurred. He reminded everyone that at the February 12, 1998 meeting the city attorney stated that he could defend a spot zoning case in court successfully. He also spoke regarding the concerns voiced over other commercial ventures bleeding their way up First Avenue if this zone change is granted. He reminded everyone that every zone change has to go through both the Planning Board and the City Council for approval. The City has control. He reminds everyone that the Planning Board is planning to update the comprehensive plan, at the city council's request. He hopes they will look at any particular characteristics of North First Avenue that they may want to consider and change. He suggested one Of the ways they could do that would be by implementing some type of corridor zoning. He thinks the existing situation we have for the processing of zone changes is a valid one. He also points out that an area of concern is: how does the city run roughshod over a small minority such as a neighborhood? The system that is built into the process to protect minority populations in a community is the fact that it requires two-thirds Of the city government to approve a zone change application. That is the neighborhood's protection. He states that the post office is both commercial and public. He asks the board if they have any questions for him. Gerald Shay questions whether or not, if this zone change is granted, the 1 block requirement is waived for others in the contiguous area where zone changes are requested and if it is, then if the board denies those zone changes would it be discrimination on the boards part? Cal states that while it is true that the 1 block minimum size is waived to those contiguous to this proposed zone change, those zone change applicants will have to apply and go through both the Planning Board and the City Council before any zone changes are made. The City still has control over any future zone change requests. The Planning Board is an advisory board for the City Council, The City Council is responsible for the whole city, and it is a big responsibiIity and not all of their decisions are easy ones. He feels that if all of this goes forward there will be a big change in the character of the city. We will see relocation of business downtown. He wants the Planning Board to continue to review the master plan and look at the next generation of planning. He feels we need to look at and study the downtown area. Betty Hart agrees with Cal. Here is a vacant lot for sale. If it is not sold this time around it will be in the future. We don't know what kind of a development the next person will try to put on that lot. It's the reality of the world. She has empathy for the neighbors but also points out that when the people living close to this lot bought their homes the lot was empty, and common sense should of told them that the lot would not remain empty forever. Miles questions Cal on his report to the Planning Board, regarding this zone change. Cal states that we should be looking at some special zoning and land analysis on First Avenue and Miles agrees with Cal's statement, but thinks we should do that analysis and possible changing before allowing a grocery store to be placed on the old north school lot. He feels that if the changes are within the zoning commissions power than they should exercise that power to stop the bleeding up First Avenue. Once the study is done then the planning board will know which direction to go. He feels that Cal is saying that we do have the power to stop the bleeding up First Avenue, but we should it allow this time. Miles feels like that is putting the cart before the horse. The opposing neighbors are asking this board to use their power to stop this from happening. Cal states that the planning process the city has, to date, allows for this type of development, through the zoning ordinance that provides for both islands and node type of development. The comprehensive and land use plan in that provides for commercial development on the North side of town at an unknown location. Miles states that other than the traffic study, the first application that Ricci's made is the same one they have now. It hasn't changed since September. Everything that was addressed the first time is being discussed again. Cal disagrees and says that.the Ricci's have put much more into this application than they did the first time and have added a written agreement to firm up their commitment to the city and the neighborhood. Miles wonders if the board understands that the written agreement only goes with the proposed store. The agreement binds only the Ricci's, not anyone else that should end up in the building if the business does not survive. Miles reiterates that in Cal's memo to the board he is saying there is a need to have an analysis and land study done up First Avenue and he feels this should be done first, before allowing a grocery store on the old north school lot. Kurt Baltrusch states he has read the comprehensive plan and feels it is being followed. He goes on to say that the comprehensive plan encourages development in locations that will benefit the community at large, and a major goal in the planning process is to preserve the status quo but also expand the service oriented commercial sector, encourage jobs, and promote the revitalization of downtown areas. He adds that the plan was done 20 years ago and at that time it was recognized in the plan that Main Street and First Avenue were major arterials and some growth was anticipated in those areas because commercial development normally grows along arterials. He adds that the plan also recognized that the traffic problems in Laurel were mostly due to the barrier by the railroad (underpass) and later the interstate, and that something would eventually have to be done that would effectively fix that problem. He thinks the comprehensive plan needs to be something that is adaptable and responds to the needs of the community. He does not feel that it is the boards duty to try and determine a different location for the proposed store. He points out that the locations that were mentioned in the February meeting would not work and that the old north school lot is a good location for the ~Ricci's store, but maybe not a good location from the surrounding resident's point of views. From a customers standpoint it is a good location. In closing he thinks the comprehensive plan, as it stands now, is a good one that does address future growth. Cal states that the comprehensive plan deals with generalities because a town of 6,000 will never agree on any one item. There are words like encourage, promote and growth written into the plan. Ed Thurner feels that this issue is going to be brought up ten years from now if not addressed, as the planning process is a continuing thing and he adds that Laurel has to go towards the future while looking at what is happening with the times. He states that with this proposed plan the board will be giving the things that most of the people in the community think are important at that location. He adds that the city and schools will benefit with $48,000 in taxes that this will generate per year. Cal states there are many benefits to the community from this proposal. He also reminded the board that they have heard expert testimony regarding traffic, spot zoning and the telephone survey. Kurt Baltrusch added that he also talked to an independent counsel (attorney) and he gave the same opinion that was stated by Joe Leckie, the Ricci's attorney and in Cal's report. Gerald Shay agrees with Miles thinking that the comprehensive plan should be studied before allowing any commercial venture on First 4 Avenue in a residential area. He adds that if the proposed store gets approved first it will be too late to study the comprehensive plan and First Avenue. Miles wonders whether we want to add onto the business district or have the proposed store grow to the business district? He wants the board to know that he is not trying to hold down the city's growth, but feels that before allowing any change the comprehensive plan needs to be studied. He also is not sure he wants a grocery store next to our biggest park and swimming pool where children go. He can understand why Ricci's wants to build the store in that spot because if he were a businessman he would also want the old north school lot. He does not feel the proposed store should be placed in the old north school lot. Cal states that the economics of what drives a city's growth is part of planning. He feels that placing the Ricci's store at the old north school lot provides a needed service to the north end residents of Laurel. He also is very concerned about Laurel's economic base and wants to do something to improve it. Ziggy states that most of the letters of concern he has received have dealt with the issue of spot zoning. Betty Hart states that Laurel is one of the few remaining small towns in Montana. Small town Montana concept in the past was corner grocery stores located close to the swimming pools and public parks that were places that children could go to safely and buy candy. She thinks the concept of grocery stores within residential areas is returning and is a good idea. Cal states that most planning concepts around the United States are going more to the neo-traditional zoning where malls are less frequent and corner stores are more the norm. Ziggy states that state statute 76-2-304, the purpose of zoning, is the only basis this board should base their decision on. Cal informs the board that board member Merrill Watkins could not attend the meeting, due to being out of town on business, but wanted to vote by proxy. After Cal talked to the attorney at the Department of Commerce he was informed that Merrill could not vote by proxy, but could vote over the phone. Once the motion is made Merrill will be called and allowed to vote. Motion by Kurt Baltrusch, second by Betty Hart, to recommend approval of the zone change to community commercial for the old north school lot. Clarence Foos requested a roll call vote be taken. The following people voted "NO"; Gerald Shay, Charles Fischer and Miles Walton. The following people voted "YES"; Ziggy Ziegler, Ed Thurner, Betty Hart, Clarence Foos and Kurt Baltrusch. Bob Dantic abstained from voting. The motion was carried by a vote of 5--3. (NOTE: Merrill Watkins was called but there was no answer). Off-Street Parkinq Discussion regarding relaxing the off-street parking in the commercial area of Laurel. The board has looked at adopting the same requirements Billings has but they feel that special considerations have to be made for Laurel's downtown area. They would like to discuss this issue more and refine it for Laurel. This will be discussed at the April meeting. Motion by Miles Walton, second by Gerald Shay, to adjourn the zoning commission and reconvene the planning board meeting. Motion carried. Stahl Subdivision Pre-liminar¥ Plat This is a pre-liminary plat to take a small parcel out of a larger parcel for installation of a communications tower. Question was raised regarding being able to put a communications tower in a commercial zone. Cal stated that the board can only look at the application for pre- liminary plat. According to our zoning ordinances a communications tower can be legally placed within a commercial or industrial zone without a special review, A lengthy discussion ensued with Cal stating that the City of Billings has had recent problems regarding the placement of communications towers within commercial and industrial zones. Billings put a moratorium on the placement of communications towers within the city of Billings until they can study it more in depth. He would like to see Laurel do the same thing and then study the solutions Billings came up with and possibly adopt the same regulations. Motion by Miles Walton, second by Betty Hart, to recommend that the City Council impose a moratorium on all future communications towers until the zoning ordinances are refined to appropriately deal with them. Motion carried. Motion by Miles Walton, second by Ed Thurner, to recommend approval of the Stahl pre-liminary plat subject to the additions and amendments Cal has requested. Motion carried The meeting was adjourned at 8:25 p.m. Respectfully~mitted, C~Lund, Secretary 6 CITY OF LAU'KEL HOME OCCUPATION REQUEST FORM Date Description of desired home occupation Telephone Answer the following question~ with a yes or no; explain any 'yes' answers: 1. Will any person other than a member of the immediate family occupying the dwelling be employed (except for domestic help)? //L9 Will any stock in trade be displayed or sold upon prernises? [f¢'} Will the character of the principal building be altered from that ora dwelling? 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.) /7~fl 5. Will more than 25 percent of the 'area of one story of the building be devoted to the planned home occupation? /'](9 6. Will any equipment be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference? fi6/ 7. Will any equipment or process be used which creates visual or audible interference in any radio or television receivers off the premises? 6/9 8. Completely fall out the attached form listing the names, addresses, and telephone numbers of all residents living on property within one hundred (I00) feet of your nropertv line. This includes property across the street or alley fi.om 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. II'this information is inaccurate or incomplete, it is grounds for denial of this request. 9. .4. fee of $25, to cover the cost of administration, must accompany this applicatioh before it will be accepted for processing. INFORMATION: Home occupations are deemed to be site specific and owner specific. Thus, the use ora portion ora dwelling for a home occupation will not permit a subsequent owner an automatic home occupation designation. PROCEDUP,,E: 1. Complete this Home Occupation Request Form and submit it to the clerk in the City Engineer's Office seven (7) working 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 applicant or his representataive must also attend this City Council meeting. It'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. Printed Name Address Telephone Signature