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HomeMy WebLinkAboutCity/County Planning Board Minutes 12.06.2007REVISEI) DRAFT MINUTES LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD December 6, 2007 7:00 PM COUNCIL CHAMBERS Members present: Gerald Shay, Chairman Deb Homing, City Rep. Todd Linder, City Rep. Dan Koch, City Rep. David Oberly, County Rep. Dick Fritzler, County Rep. Others present: James Caniglia, City Planner Cheryll Lund, Secretary .Paul Bokoske, 1535 Valley Drive Minutes of the October 4, 2007, November 1, 2007 and November 8, 2007 were approved. David Oberly reported to the board that he attended the City Council Workshop in November to be a part of the discussion on the proposed TIFD. He was concerned when he saw employees of the city giving input. He felt those employees should step down from the committee and give their recommendation as a citizen of Laurel, not as an employee. He felt the recommendation to add the old Middle School to the district was important to hirnself and the Planning Board and questioned why it was not included. James Caniglia, Planner, stated that it was too late in the process to add the middle school into the district due to the legal process that had to be done prior to the Council. David wondered if there could be adjustments made in the district at a later date. James stated that they are unsure whether or not an amendment can be done without having to go back to the base level of the TIFD. David when on to say that at this point the middle school is only 100 kids under its capacity. He feels that the way the town is growing the school district will need additional space within 2 or 3 years. This is a good way for the community to renovate the school and the school to add classroom space in additional to have the school available for community/school needs. He hopes that as a Planner, James will be an advocate to get the old Middle School added to the district. He feels this is a part of the Plsnner's job to help the community. James stated that the City Council did take the Planning Board's recommendations into consideration. Due to circumstances of there not being a quorum at the Planning Board meetings and the timing of tho Tiled the Council wasn't able to consider adding the old Middle School in and didn't have any previous input on its addition to the district. After a discussion the Board felt that part of the problem was not only that they didn't have a quorum, due to their lack of County representatives, but they were also without a Planner for 2 or 3 meetings. The board wanted the Council to know that there were extenuating circumstances. Public Hearin~ - Paul Bokoske - 1535 Valley Drive ~ request for tree nursery Paul Bokoske spoke regarding his variance for a tree nursery. Paul came before the board in October 2007 requesting a home occupation for his tree trimming business and to be allowed to have a small tree nursery which would allow him to bring customers to his home. The board recommended approval to the City Council of the home occupation for the tree trimming service but recommended denial of the tree nursery because it violated the criteria for a home occupation. The council went on to approve his request for home occupation but the City Attorney made the decision to require Mr. Bokoske to apply for a variance to consider allowing the tree nursery. As required, t~o legal advertisements were placed in the Laurel Outlook and all neighbors within 300 feet of his property were notified by letter regarding the public hearing. There was no one in attendance for the public hearing. Paul stated that his plan for the tree nursery is the same as what he applied for in October. The proposal is for a 50' X 50' area to grow 50-60 trees that will be viewed and sold by appointment only. Dick Fritzler asked for a clarification on the application because as a new member he was not present at the October meeting. Chairman Shay clarified that Mr. Bokoske had originally applied for a home occupation for a tree service and also to be allowed to have a tree nursery on his pmperty at 1535 Valley Drive. The board recommended approval of the home occupation because it met all of the code requirements but the tree nursery had customers coming to the home which is not allowed under a home occupation. The City Council approved the home occupation but the City Attorney suggested that Mr. Bokoske had to apply for a variance to allow the tree nursery. Dick Fritzler asked if the board was giving him permission to have large equipment at his home. Mr. Bokoske stated that he is using his Ford Pickup and a trailer for the tree trimming business. Eventually he would like to have a tree chipper on his property and a large boom tmclc He stated that he is planning to build a garage to store the equipment in and indicated that it was on the drawing he submitted with his variance application. Dick Fritzler asked that if the property is annexed into the City would the variance still 2 James stated that the variance would still be in effect. James recommended denial of the tree nursery but because of the extenuating circumstances of the land being surrounded by both county and city land and the flood plain behind the property this will not set a precedence allowing tree nurseries on all residential tracts. He does suggest that several conditions be placed within the motion. He also stated that he would like to see more sm. all businesses within the residential neighborhoods but would like to see it done with zoning regulations and not variances. Dick Fritzler stated that the City of Laurel has some long term plans to put a reservoir in the Valley Drive area within 7 years. He thinks that people living on Valley Drive will most likely request annexation so that they can receive city services. Hazel Klein thinks that people may hesitate to annex due to the higher taxes within the city limits. After a discussion by the Planning Board a motion was made by Todd Linder to recommend approval to the Laurel City Council of Mr. Bokoske's tree nursery at 1535 Valley Drive subject to the following conditions: 1. That the t~ee nursery area be no larger than a 50' X 50' area. 2. Customers come to the business by appointment only. 3. Number of t~ees in nursery is limited to 50 or 60 (maximum). 4. That the Council be made aware that there were no opponems at this public hearing and at the public hearing in October for the home occupation application. The motion was seconded by Hazel Klein. At this time Todd Linder mended the motion to include # 5 below. 5. That the tree nursery "sunset" if the property is sold. Prior to the vote Mx. Bokoske requested that he could get approval to grow the trees if the variance was denied tonight. Chairman Shay stated that the City Council has the last say on the variance and Mr. Bokoske could rn~l~e that request to the council. Dick Fritzler questioned what type of traffic thla would create on Valley Drive and he wondered if the board should have County Law Enforcemem input on this variance. He does not want to create an enforcument nightmare. He also wondered who would be enforcing the conditions on this variance. James stated that he is the eafomer and that he echoed Mx. Fritzlers concerns. James would rather see zoning be changed instead of approving a waxiaace just because of the enfomement issue. At this time the question was asked for and the motion eatried by a vote of 3-2 (Oberly and Fritzler voted "No"). 3 After the vote Mr. Bokoske asked for some consideration in being able to temporarily have more trees should he have a large order. David Oberly stated that the motion stated between 50 end 60 trees and is very clear that the maximum is 60 and ffMr. Bokuske has 61 he will be in violation. Mr. Bokoske was told that he could make the request to the Laurel City Council during their review of the variance. Discussion: Allo~_ mmx'imum b.,il,t~ng height of 45' in Community. Commercial Zones James suggested that the board consider recommending changing the maximum building height in Community Commercial zones from 25' to 45' so that 3 story buildings would be allowed. This would better match the Central Business District's "unlimited" height on buildings and provide for better density and use of the land for both residential and commercial. After a discussion it was suggested that it may be easier to extend the Central Business District farther to both the east and west. James would also like the board to consider going to foma base codes. There will be more information available and more discussion on this subject in the future. Form base Codes allow both residential and commercial in the same areas and the economy dictates what is built. James would like the board members input on both of these issues. Discussion: Annoxation allowance for 1 or 2 years to confn~rn to city. ordinances. James stated that he and the City Attorney have been drawing up new annexation ordinances and in doing so it has been suggested that the developers and/or private parties that annex into the city limits be given 1 or 2 years to conform to street/curb/gutter/sidewalk regulations. In specifying a required amount of time it would eliminate some of the problems that have come up recently regarding this issue. A lengthy discussion was held on how hard it is at this time to enforce street/curb/gutter/sidewalk through the building permit process when a piece of land is annexed and not built on for many years. There was a recent situation that came up where the land was annexed and not built on for many years. It was sold to another person that was not made aware that the street/curb/gutter/sidewalk had to be engineered and installed. Those new owners were not happy when they had to pay an addition $15,000 to have it done and then put the blame on the city. It would have been more efficient for all involved to have specific annexation requirements at the time of annexation. Migceli~neo s David Obexly asked James if the board could re-visit the issues of allowing granny flats and certain types of commercial businesses within the residential zones. The board discussed these issues when Cal Cumin was the planner and the Council decided not to go with the 4 boards recommendations on these 2 items. David has observed that James has talked about these issues a few times since becoming the Planner for Laurel. He hopes that James w/Il look into those issues. James stated that he will look at the minutes of the meetings where those 2 issues were discussed and see why the council decided not to move forward with them. Todd I.inder also would like to see the board devdop a direction that they can agree on and go forward with. He has observed that the board has good discussions on issues such as tonight's 2 issues and then they get lost and forgotten. Hazel Klein suggested that the board look at the impact that the new road to Molt could have on First Avenue in Laurel and how to come up with a long range plan for when it does happen. The new west end on/off 1-90 ramp coming into Laurel is something that will impact Laurel and needs to be considered. There will be a meeting on Monday, December 17e~ from 7:00 to 9:00 pm in the cafeteria at the old Laurel Middle School. They are requesting input from the public. James stated that he will put "extending the CBD zoning" on the agenda for discussion at the January 2008 meeting. The meeting was adjourned at 9:00 pm. Respectfully submitted, Cheryll Lund, Secretary 5 CITY OF LAuR~ Ii5 W~ ~' * P.O. Box 10 ~ OCT 3 1 2007 CITY OF LAUREL This application covers appeals from decisions of the City Building inspector and for requests for variances concerning setbacks, structure heights, lot coverage, etc. but not for variances that change allowed land uses. The tmdersigned as owner or agent of ow~__er of the following described property requests a variance to the Zoning Ordinance of the City of Laurel as outlined by the laws of the State of Montana. 1. Legal description-of property: o~ 3w~ ~w ~s~ 2. Street address and general location: 5. Attach site plan showing ingress/egress, 'off-street parking, 'existing building locations (use solid .'lines) , proposed Duilding additions (use dashed lines), and other info,etlon relevant to.the vari~ce. Agent(s)_ (address) (telephone) 7. Provide copy of covenants or deed restrictions on property. I understand that the filing fee accompanying this application is not refundable, that i~ pays part of the cost of processing, and that the fee does not constitute a payment for a variance. I also understand I or my agent must appear at the hearing of this rec/uest before the Board of Adjustment. All of the information presented by me is true and correct to the best of my knowledge. ~:$500~E~idenUal~riance;$1,OOO~rcommercialvarian~.~. ~ Date /o-~/-0~ Da~e application received: /0-~1- ~7 /~'~ T 13'35' I I ,/ ! -- t76L7~ £o~/ k"'£Eb,/£~ AG /.byb FY'