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HomeMy WebLinkAboutCity/County Planning Board Minutes 11.13.2008DRAFT Minutes Laurel-Yellowstone City-County Planning Board November 13, 2008 7:00 pm Council Chambers Members present: Chairman Todd Linder, City Rep. Dan Koch, City Rep. Kim Wallila, County Rep. Hazel Klein, City Rep. John VanAken, County Rep. Kathy Siegrist, County Rep. Others present: James Caniglia, City Planner Cheryll Lund, City Secretary The minutes of the September 11, 2008 and October 3, 2008 meetings were approved with a motion by Miles Walton, seconded by Kim Wallila. Motion carried 6-0. Brian Kjensmo spoke regarding a piece of property he is contemplating purchasing from Dorothy Roderick. The property is located in the county but is next to Laurel city limits. The general location of the property is south of South School and the First Congregational Church, north of 1-90 between S. 8th Avenue and Yellowstone Avenue. The property was Roderick Lumber for approximately 35 years until the owner, Perry Roderick passed away. The property is zoned light industrial which does allow mini storage. Mr. Kjensmo anticipates putting between 80 and 100 storage units in. Mr. Kjensmo stated that upon contacting and meeting with the City Planner he was told that this would not be a good use of the land and that there were many issues that would need to be addressed; one being that the property is located within Laurel's Entry-Way zoning district which does not allow metal buildings with exposed seams. Mr. Kjensmo asked to come before the Planning Board to get input on this proposed business. City Planner James Caniglia referred to his letter to the Board regarding this matter (see attachment.) The unresolved issues are as follows: 1. The proposed owner seeks for the City of Laurel to abandon S. 6th Street. If this is done South School would have the legal right to half of the abandoned street. If the city were to abandon the street, the entire property would then be annexed. 2. The access to the property (an alley) has a 10-foot right-of-way south of S. 5th Street. As the only entrance to the property, the potential property owner would have to acquire at least 10 addition feet of ROW along the alley south of S. 5th Street for fire access. An appropriate hammerhead for fire protection would be required on the property and must be 120 feet across and 25 feet wide (Laurel City/County Subdivision regulations 16.4.0). 3. Yellowstone Avenue road surface issues: Annexed roads must meet minimum surface standards which consist of using asphalt or concrete and conform to curb, gutter and sidewalk requirements. 4. The potential owner wishes to use a metal building: The Entry Way Zoning District does not allow such material. LMC 17.26.052 states "exposed seam metal buildings are prohibited unless covered with an acceptable finishing material." The setback requirements for this would be 15 feet from 1-90 (rear) and 20 feet in the front. Mr. Kjensmo stated that by the City requiring all of the right-of-way issues there would not be much property left to do anything with. He also stated that when he was told the issues with fire requirements, building types and street improvement and feels that this would effectively prohibit ANY type of business from building on this piece of property. He feels that the proposed business he wants to put in will be an improvement to the City of Laurel. He stated that all of the requirements are prohibitive to any small business owner and feels that common sense needs to be thought of in regards to this piece of property. Todd Linder reminded the board that this issue can only be discussed tonight, not acted upon. He asked James to explain what would be the next step for Mr. Kjensmo if he wanted to continue with this project. James stated that if the city decided to abandon S. 6th Street then the property would have to be annexed. The decision to abandon the street can only be approved by the City Council, not the Planning Board. Variances cannot be requested on fire department issues due to safety and state regulations. The only access to the business would be through the alley. If the alley is abandoned then, per City Code, it would have to be paved, and curb, gutter and sidewalk installed. Mr. Kjensmo indicated to James that he had no plans to put pavement into his business, although that might be considered at a later time. James stated that Mr. Kjensmo would have to ask for a variance for that street to remain unpaved and unimproved. James went on to say that exposed seam metal buildings are prohibited according to the City of Laurel's entryway zoning. There would be another variance required for allowing that. 2 Charlie Hamway spoke. He is the listing agent for the property. He asked how much time this process could take to get through? Todd Linder spoke and suggested that (in his opinion) and given the facts he doesn't think this appears to be an appropriate spot for this type of business. Mr. Kjensmo stated that from what he is hearing here tonight, nobody would have a chance of getting any business project done on the piece of land owned by Dorothy Roderick. He is wondering why the City of Laurel isn't going around to existing property owners requiring them to "get up to speed" on the issues that were brought up here tonight. Todd Linder stated that there may be some kind of business that this piece of property could be right for. Todd goes on to say that the board needs to go by the regulations that they are given and the option is there for Mr. Kjensmo to go through the variance process on this property. Mr. Kj ensmo thanked the board for their time. Appointment of Vice-Chairman position on the Board After a brief discussion a motion was made by Dan Koch, and seconded by Hazel Klein to appoint David Oberly as the Vice-Chairman position. The motion carried by a vote of 6-0. Member-at-Large position This was tabled until the December 11, 2008 meeting. Discussion: Consider Deleting 17.40.090(A)(3) "No required parking space shall be located in a front or side yard" This regulation is decades old but not used. James thinks it should be deleted, as it basically says that you can't build a house and have the city require a driveway. This could cause a disaster in a new subdivision and it doesn't make much sense. At the October meeting Chairman Linder gave out homework assignments to each board member. Each board member was given a task to research an assigned city's parking codes as they relate to the commercial district and bring their findings to the next board meeting. Chairman Linder gave homework assignments (tonight) as follows: Dan Koch, Billings, Montana; Miles Walton, Scottsdale, Arizona; John VanAken, Seaside, Florida; and, Hazel Klein, Portland, Oregon. 3 Discussion: Consider changes to the Sign Code for electronic signs This was brought to James attention by a City Councilman that is concerned that electronic signs could cause driver distraction and traffic accidents within the city. The board was given a copy of the City of Billings sign code. The City of Billings has put standards in place on electronic signs in regards to how long each message can be, the sign brightness and how many message changes are allowed in a certain length of time. James pointed out that drafting our code similar to Billings would make it easier for local sign producers and sign companies to comply. After a discussion the board decided to consider beginning to establish standards for electronic signage for Laurel. James will bring a draft copy of his recommendations to the December meeting for continued discussion. Discussion: Considering changes to 17.08.520 A "For an single-family dwelling- three passenger vehicles"; and 17.52.020(a) Single-family dwelling spaces or garages for four passenger vehicles" James discovered that LMC 17.08.020(A) and 17.52.020(a) are codes that are in conflict with each other and need to be better coordinated. One code limits garages to 3 vehicles and the other one limits garages to 4 vehicles. There are a couple of different ways of changing the codes to better fit the City's zoning. This could be done by either allowing different sized garages in the different residential zones or by putting a maximum of a 3 or 4 car garage in all residential zones. There are also maximum lot coverage requirements that can limit garage size, but if the lot is large there are cases when the garage could end up being larger than the residence. In larger cities having a garage larger than a residence is not legal. The question is what the board would like to see in their community. The flip side of putting a maximum requirement on a garage could be ending up with more cars and campers sitting out in view of the public. James would like to see a height limit and bigger setbacks on garages changed in the codes. He knows of several residences that have a legal size large garage placed within the required setbacks that ends up restricting the neighbors' views. James went on to say that he would also like the board to consider the types of garages allowed in residential areas. He knows of several cases of metal pole garages being built that don't fit in well with the looks of residential homes in the area. These types of metal pole garages are more cost effective for residents to build but the question is, does their 4 looks fit into residential neighborhoods or should there be restrictions put on the types of building materials that can be used to keep the garage esthetically compatible with the material the house is sided in. A question was raised regarding whether or not to extend these conditions into the Residential Tracts and Suburban Residential zones. James stated that since there are no building permits required in the county when building a house and/or outbuildings in the outlying zones it is impossible to know what is being built out in those areas. Usually when something is built against the zoning regulations it is not reported until after the building is complete. The only way to get a building "removed" is to eventually involve the City Attorney and the court. Going to court proceedings adds costs to the citizens of Laurel. Another question was raised regarding expanding the building authority one mile beyond the city limits. The City tried to expand its jurisdictional area about 10 or 12 years ago and the effort was not successful. The protest from the county residents was 100% against. After more discussion it was decided that James would make a draft of his suggestions and the discussion would continue at the December meeting. Discussion: Consider changes to L.M.C. 17.20.020 - Breweries only allowed in Light Industrial and Heavy Industrial zones At this time breweries are only allowed in Light Industrial and Heavy Industrial zones. James feels like a brew-pub would be a great asset to have in the downtown central business district zone. The amount of alcohol brewed and distributed would have a limit set on it as well as the time frame it could be served. The City of Billings has established limits at their brew-pubs. James told the board that he applied for and won a grant that will allow the downtown district to be surveyed and a detailed history done on each building. This will allow Laurel to be classified as having a historic district. Each building that is surveyed can purchase a plaque from the federal government with historic detailing of their building and signs will be placed on the highway directing people to Laurel's historic district and buildings. After a discussion it was decided that James will look into Billings's codes for breweries and micro-breweries and bring a draft to the December meeting for additional discussion. 5 Miscellaneous James stated that there is a downtown business that wants to put in a large storage shed on the edge of their building which would place it right next to the city sidewalk. The City Attorney is looking into this issue and James is waiting for an answer from him. Clarifying or adding a code may be necessary. John VanAken asked about the Nutting Drain ditch being cleaned east of town, north of the railroad yard. John stated that he is taxed $5.00 twice a year for the drain ditch and thinks that the money should pay to have the drain ditch cleaned. It needs to be cleaned. John was told to talk with Kurt in the Public Works department. The meeting was adjourned at 8:53 pm. Respectfully submitted, Cheryll Lund, Secretary 6 CITY HALL City Of Laurel 115 West 18t Street City Planner: 628-4796 P. Q. Box 10 w. FAX: 625-2241 ?u Water Office: 628 7431 Laurel, Montana 59044 General Location: South of South School and The First Congregational Church North of I-90 between South Stl' Avenue and Yellowstone Avenue Proposed Use: Rental Storage Facility Current Zoning: Light Industrial Setback requirements: 15 feet from freeway (rear), 20 front Is the proposed us allowed? Yes-LMC 17.20. 010 Unresolved issues: The proposed owner seeks for the City of Laurel to abandon South 6th St. South Grade School would have the legal right to half of the abandoned street. If the city were to abandon the street, the entire property would then be annexed. The access to the property (an alley) currently has a 10 foot Right of Way South of South 5th Street. As the only entrance to the property, the potential property owner would have to acquire at least 10 feet of additional ROW along the alley South of South 5th Street for fire access. An appropriate hammerhead for Fire Protection would be needed on the property and must be 120 feet across and 25 feet wide (Laurel city/County Subdivision Regulations 16.4.0). Yellowstone Avenue road surface issues. Annexed roads must meet minimum surface standards which consist of using asphalt or concrete and conform to curb, gutter and sidewalk requirements. The potential owner wishes to use a metal building. The Entry Way Zoning District does not allow such material. LMC 17.26.052 states "exposed seam metal buildings are prohibited unless covered with an acceptable finishing material."