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Home My WebLink AboutCouncil Workshop Packet 09.07.2021 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, SEPTEMBER 07, 2021 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council. General Items Executive Review 1. Resolution - Budget Amendment Resolution Amending Appropriations And Revenues For The Federal Equitable Sharing Fund For Fiscal Year 2020-2021 2. Resolution - A Resolution Adopting An Official Schedule Of Fees And Charges For The City Of Laurel Repealing All Previous Resolutions That Set Fees Or Charges That Conflict With The Schedule Attached Hereto. 3. Resolution - A Resolution Of The City Council Approving An Application For Special Review For Project Telephone Authorizing The Construction Of A Fiberoptic Hut At 1013 8th Avenue, City Of Laurel. 4. Resolution - Resolution Of Intent To Approve The Application For Bitterroot Grove Townhomes, A Sixty Unit Planned Unit Development As An Addition To The City Of Laurel With Changes. 5. Resolution - Resolution Of Annexation And Zoning For Nutting Brothers Subdivision, Block 6, Lots 1-12 And Block 7, Lots 1-12 And The Abandoned Portion Of Hazel Avenue Located Between Blocks 6 And 7, As An Addition To The City Of Laurel, Yellowstone County, Montana. 6. Resolution - A Resolution Of Annexation And Approval Of Zone Change For The Cherry Hills Subdivision, Third Filing, An Addition To The City Of Laurel, Subject To Conditions Imposed By The City 7. Resolution - A Resolution To Approve The Preliminary Plat Of Cherry Hills Subdivision, Third Filing, An Addition To The City Of Laurel Subject To Conditions 8. Resolution - A Resolution Of The City Council Granting A Variance From Certain Sections Of Chapter 17 Of The City’s Sign Code For The Property Located At 202 SE 4th Street To Allow The Removal And Replacement Of A Freestanding Pole Sign With An Electronic Controlled Sign Which Is Currently Prohibited. Council Issues 9. Ambulance Pay Scale Discussion 10. 3rd Avenue Diagonal Parking Update Other Items Review of Draft Council Agendas 1 11. Review Draft Council Agenda for September 14, 2021. Attendance at Upcoming Council Meeting Announcements The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 2 File Attachments for Item: 1. Resolution - Budget Amendment Resolution Amending Appropriations And Revenues For The Federal Equitable Sharing Fund For Fiscal Year 2020-2021 3 R21-__ Fiscal Year 2020-2021 Federal Equitable Sharing Budget Amendment RESOLUTION NO. R21- BUDGET AMENDMENT RESOLUTION AMENDING APPROPRIATIONS AND REVENUES FOR THE FEDERAL EQUITABLE SHARING FUND FOR FISCAL YEAR 2020-2021 WHEREAS, the City of Laurel adopted all funds revenues and appropriations for fiscal year 2020-2021 on September 1st, 2020; and WHEREAS, it is necessary to amend certain budgets as required by MCA 7-6-4006 (3) and (4); and WHEREAS, the increase in appropriations and revenues, in the fund, are due to unbudgeted amounts per Department of Justice Standard Operating Procedures: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: That the City Council hereby directs the Clerk/Treasurer to amend the budget as per the attached Exhibit “A” in order to comply with MCA 7-6-4006 (3) and (4); BE IT FURTHER RESOLVED that the above amendments are retroactive to June 30, 2021. Introduced at a regular meeting of the City Council on September 14, 2021, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel this14th day of September 2021. APPROVED by the Mayor this 14th day of September 2021. CITY OF LAUREL __________________________ Thomas C Nelson, Mayor ATTEST: _______________________ Bethany Langve, Clerk/Treasurer Approved as to form: ________________________ Sam S. Painter, Civil City Attorney 4 EXHIBIT A Budget Amendment Federal Equitable Sharing Fiscal Year 2020-2021 Fund 2952 – Federal Equitable Sharing Original Revenues $ 0.00 Amended Revenues $ 12,798.52 Increase in Appropriation: $ 12,798.52 Original Appropriation $ 0.00 Amended Appropriation $ 6,071.38 Increase in Appropriation: $ 6,071.38 Per the Department of Justice Standard Operating Procedures, appropriations and revenues for the Federal Equitable Sharing Fund may not be budgeted using the fiscal year budgeting process. All appropriations and revenues must be budgeted, after the end of the fiscal year, using the budget amendment process. ______________________________________________________________________________ 5 File Attachments for Item: 2. Resolution - A Resolution Adopting An Official Schedule Of Fees And Charges For The City Of Laurel Repealing All Previous Resolutions That Set Fees Or Charges That Conflict With The Schedule Attached Hereto. 6 R21-__ Resolution Approving Schedule of Fees and Charges RESOLUTION NO. R21-___ A RESOLUTION ADOPTING AN OFFICIAL SCHEDULE OF FEES AND CHARGES FOR THE CITY OF LAUREL REPEALING ALL PREVIOUS RESOLUTIONS THAT SET FEES OR CHARGES THAT CONFLICT WITH THE SCHEDULE ATTACHED HERETO. WHEREAS, the City Council previously adopted Resolution No. R06-74 establishing the City’s fees and charges for various services into a Schedule of Fees and Charges to enable citizens to have immediate access to the various fees and charges levied by the City for various services in a format that is easy to obtain and simple to understand; and WHEREAS, the Laurel Municipal Code requires the City Council to review, modify and/or update its fees and charges on an annual basis through further Resolution of the City Council; and WHEREAS, at the direction of the City Council, Staff prepared the attached Schedule of Fees and Charges for the City Council’s consideration; and WHEREAS, a public hearing was held on September 14, 2021 to gather public input and comments prior to adopting this Resolution. BE IT RESOLVED, by the City Council that the City Council, that based upon the testimony and comments gathered at the public hearing that was duly advertised and noticed that the City Council finds that the Schedule of Fees and Charges is reasonable and in the best interest of the City of Laurel; and BE IT FURTHER RESOLVED that the City Council hereby adopts the Schedule of Fees and Charges attached hereto for convenience. Introduced at a regular meeting of the City Council on __________, by Council Member _______________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of_________, ______. APPROVED by the Mayor this ___th day of___________________, 2021. CITY OF LAUREL _________________________________ Thomas C. Nelson, Mayor ATTEST: ____________________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ____________________________________ 7 R21-__ Resolution Approving Schedule of Fees and Charges Sam Painter, Civil City Attorney 8 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 1 of 11 CITY OF LAUREL SCHEDULE OF FEES AND CHARGES AS OF TUESDAY, SEPTEMBER 14, 2021 / RESOLUTION NO. R20-__ Administrative, City Attorney and Court Fees and Charges (except Library) Returned Check ..................................................................................................................................... $30.00 Document Photocopying First 3 pages ............................................................................................................................... No Charge Copies in excess of 3 pages – per page .......................................................................................... $0.25 Research City Records (Per Hour) ......................................................................................................... $30.00 Video Tape or DVD Copy ................................................................................................... First Copy $25.00 ............................................................................................................... Each Additional Copy $5.00 Dog License Fees and Renewals before April 1 (must be renewed each year) Spayed Female/Neutered Male .................................................................................................... $10.00 Un-spayed Female/Un-neutered Male ......................................................................................... $15.00 Dog License Renewals after April 1 Spayed Female/Neutered Male .................................................................................................... $20.00 Un-spayed Female/Un-neutered .................................................................................................. $30.00 Dog Kennel before April 1 (must be renewed each year) Non-Commercial ......................................................................................................................... $50.00 Commercial ................................................................................................................................. $75.00 Business License General ......................................................................................................................................... $75.00 Beer and/or Wine License .......................................................................................................... $200.00 Three Apartments ......................................................................................................................... $30.00 Four Apartments .......................................................................................................................... $40.00 Five or more Apartments ............................................................................................................. $75.00 Pawn Shop ................................................................................................................................. $100.00 Utilities ....................................................................................................................................... $300.00 Amusement Machines .................................................................................................................. $50.00 Live Music ................................................................................................................................... $50.00 Junk .............................................................................................................................................. $50.00 Liquor License ........................................................................................................................... $406.00 Franchises .................................................................................................................................. $300.00 Sexually Oriented Business ....................................................................................................... $500.00 Police Department Fees and Charges Victims Report ......................................................................................................................................... $5.00 Case Report ........................................................................................................................................... $35.00 Case Report with pictures ...................................................................................................................... $45.00 Vehicle Accident Report (form only) ................................................................................................... $10.00 Vehicle Accident Report with pictures ................................................................................................. $25.00 Audio Recording ................................................................................................................................... $50.00 Vehicle Impound – Per Day 1st week .................................................................................................... $25.00 Vehicle Impound – Per Day after 1st week ............................................................................................ $50.00 Dog Impound Fee .................................................................................................................................. $30.00 Dog Boarding Fee (24 hours after notification) – Per Day .................................................................... $60.00 Fingerprint Card .................................................................................................................................... $30.00 Subsequent Fingerprint Cards – Per Card ................................................................................................ $5.00 9 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 2 of 11 Fire Department Fees and Charges Incident Report (NFIRS Copy) .............................................................................................................. $30.00 Photograph Copies – Color (35mm) Prints .......................................................... Cost of Processing + $25.00 Photograph Copies – Enlargements ..................................................................... Cost of Processing + $25.00 Photograph Copies – Digital (Copy of Disk) ......................................................................................... $35.00 Fire Suppression Fees Charged to Non-Residents or for Code or Ordinance Violations Base Rate for First Hour of Response for working fires, rescue operations, hazmat or large scale incidents ................................................................................................................ $1,100.00 Base Rate for Service Assist Calls or Minor Calls ............................................................... $700.00 For each Fireman ......................................................................................................................... $20.00/hour Base Rate for Assist and Investigate .......................................................................................... $200.00/hour Rates for Additional Hours after the First Hour of Any Response (Time calculated from time of response to return to service.) Engine #1 ................................................................................................................................... $250.00 Engine #2 ................................................................................................................................... $250.00 Engine #4 ................................................................................................................................... $200.00 Squad5........................................................................................................................................ $250.00 Tender #1 ..................................................................................................................................... $75.00 Tender #2 ..................................................................................................................................... $75.00 Support #1 .................................................................................................................................... $75.00 Command 1 ................................................................................................................................ $100.00 Command 2 ................................................................................................................................ $100.00 Brush #1 ..................................................................................................................................... $100.00 Brush #2 ..................................................................................................................................... $100.00 Brush #3 ..................................................................................................................................... $100.00 Brush #5 ..................................................................................................................................... $100.00 Business inspection within jurisdiction – marketing fireworks, firecrackers and other pyrotechnics $200.00 False Fire Alarms (per year) First ............................................................................................................................................. Free Second ........................................................................................................................................ $100.00 Third ........................................................................................................................................... $200.00 Fourth + ...................................................................................................................................... $300.00 Fire Extinguisher Training 10 Students ................................................................................................................................. $150.00 -Additional per student........................................................................................................... $15.00 Ambulance Service Fees Paramedic Base Rate ...................................................................................................................... $1,400.00 Basic Base Rate ................................................................................................................................ $1,100.00 Mileage with Patient (per mile) ............................................................................................................. $18.00 Other Charges Treat Only .................................................................................................................................. $180.00 Basic Disposable Supplies ......................................................................................................... $170.00 Paramedic Disposable Supplies ................................................................................................. $200.00 Defibrillator Supplies ................................................................................................................ $200.00 EKG Supplies ............................................................................................................................... $50.00 Wait Time .................................................................................................................................... $55.00 Extra Attendant ............................................................................................................................ $75.00 DOA Transport .......................................................................................................................... $200.00 Stand-By Rate – QRU (1 person) (per Hour)............................................................................... $50.00 Stand-By Rate – Ambulance (2 people) (per Hour) .................................................................. $100.00 10 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 3 of 11 Nebulizer ...................................................................................................................................... $35.00 Decontamination of Ambulance .................................................................................................. $70.00 IV Supplies ................................................................................................................................... $50.00 Glucometer ................................................................................................................................... $40.00 Pulse Ox ....................................................................................................................................... $20.00 Spinal Immobilization .................................................................................................................. $50.00 Splinting ....................................................................................................................................... $25.00 Supraglottic Airway (BVM/King) ............................................................................................. $100.00 Suction Kit ................................................................................................................................... $15.00 Intraosseous Kit (IO) .................................................................................................................. $200.00 Wound Care ................................................................................................................................. $20.00 Pelvic Splint (any size) .............................................................................................................. $100.00 Burn Kit ....................................................................................................................................... $50.00 Needle Decompression .............................................................................................................. $100.00 ET Intubation ............................................................................................................................ $100.00 Capnography Monitoring ............................................................................................................ $15.00 Cricothyrotomy ......................................................................................................................... $150.00 Medication Charges Adenosine ................................................................................................................................... $ 25.00 Albuterol Neb 5mg ...................................................................................................................... $15.00 Amiodarone ................................................................................................................................. $ 20.00 Aspirin.......................................................................................................................................... $10.00 Atropine ...................................................................................................................................... $ 30.00 Benadryl Tab 25mg ...................................................................................................................... $15.00 Calcium Gluconate ...................................................................................................................... $ 35.00 D5W Solution .............................................................................................................................. $20.00 D10W Solution per 1000 ml ........................................................................................................ $25.00 D50W Solution ............................................................................................................................ $25.00 Diphenhydramine Injectable 50 mg ............................................................................................ $ 10.00 Dopamine .................................................................................................................................... $ 35.00 Epinephrine Injector Adult......................................................................................................... $300.00 Epinephrine Injector Pediatric ................................................................................................... $400.00 Epinephrine 1 mg/ml .................................................................................................................... $30.00 Epinephrine 1:1000 ..................................................................................................................... $ 40.00 Epinephrine 1:10000 ................................................................................................................... $ 20.00 Fentanyl....................................................................................................................................... $ 30.00 Furosemide .................................................................................................................................. $ 10.00 Glucagon 1mg ............................................................................................................................ $450.00 Haloperidol ................................................................................................................................. $15.00 Humidified Oxygen .................................................................................................................... $90.00 Ipratropium Bromide Inhalant 2.5 ml ........................................................................................... $ 5.00 Ketamine ................................................................................................................................... $ 125.00 Lidocaine..................................................................................................................................... $ 25.00 Magnesium Sulphate .................................................................................................................. $ 20.00 Midazolam .................................................................................................................................. $ 15.00 Morphine Sulfate per 10 mg ....................................................................................................... $ 30.00 Narcan (Naloxone) per 2 mg ....................................................................................................... $ 55.00 Nitro Tab .................................................................................................................................... $ 20.00 Nitrous Oxide Administration ................................................................................................... $ 350.00 Norepinephrine ........................................................................................................................... $ 80.00 NS Solution 500 cc ..................................................................................................................... $ 30.00 11 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 4 of 11 NS Solution 1000 cc ................................................................................................................... $ 60.00 Ondansetron (Zolfran) Injectable 4 mg ....................................................................................... $ 15.00 Ondansetron (Zolfran) Oral 4 mg ................................................................................................. $ 2.00 Oral Glucose 30 g ....................................................................................................................... $ 15.00 Oxygen ....................................................................................................................................... $ 80.00 Sodium Bicarbonate .................................................................................................................... $ 50.00 Solu-Cortef 100 mg ..................................................................................................................... $ 75.00 Solu-Medrol 125 mg ................................................................................................................... $ 20.00 Thiamine 200 mg ........................................................................................................................ $ 25.00 Tranexamic Acid (TXA) ............................................................................................................. $ 80.00 EMT Class (plus the cost of books and testing) ................................................................................. $500.00 Advanced EMT Class (plus the cost of books and testing) .............................................................. $1,500.00 Water Rates & Charges See current resolution (Resolution No. R11-110). Raw (untreated) Water: Base rate as per meter size, plus $0.40/1000 gallons. System Development Fees (Based on Line Size): ¾ Inch ..................................................................................................................................... $1,500.00 1 Inch ...................................................................................................................................... $2,685.00 1¼ Inch ................................................................................................................................... $4,170.00 1½ Inch ................................................................................................................................... $6,000.00 2 Inch .................................................................................................................................... $10,710.00 3 Inch .................................................................................................................................... $24,000.00 4 Inch .................................................................................................................................... $42,855.00 Connections to the water system with meters larger than 4 inches or when the unique usage characteristics of a large water user may require, the City will determine the system development fee at that time if the City can provide the service as requested. Curb Box Repair Insurance Fee: $1.00/month per water account. Utility Hook-Up Fees: Water Tapping – Two Inches or Less .................................................................................................. $250.00 Water Tapping – Greater Than Two Inches .................................................................................... Fee x 1.25 Labor/Operator Rate Per Hour ............................................................................................................... $40.00 Heavy Equipment Rate Per Hour ........................................................................................................... $75.00 Other Fees for Repairs, etc.: Frozen or Damaged Meter ................................................. Replacement meter or meter parts cost plus 25% Plus the Labor/Operator Rate Per Hour .................................................................................... $40.00 OR overtime hourly rate if called out after hours ..................................................................... $90.00 Hydrant meter rental ................................................................................. $476.00/month prorated plus the total usage Utility Billing Fees and Deposits: New Accounts or Re-Establishing an Account ...................................................................................... $25.00 Restoring Service to a Delinquent Account ........................................................................................... $50.00 Deposit for New Meter Accounts, No Service in Previous Year......................................................... $150.00 Charge for check returned by bank as unpaid ........................................................................................ $30.00 12 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 5 of 11 Wastewater Rates & Charges See current resolution (Resolution No. R11-110). Septic dump fee ...................................... $40.00/minimum up to 1,000 gallons plus $0.04/gallon thereafter; (Resolution No. R15-96) ................................................................................ $40.00 cleanup fee for spillage System Development Fees System Development Fees (Based on Line Size) – Sewer Residential Each housing unit ................................................................................................................... $1,000.00 Duplex = 2 units; Triplex = 3 units; Four-plex = 4 units; Etc. Commercial - Based on water meter size; Includes Subdivisions for Rent or Lease ¾ Inch ..................................................................................................................................... $1,000.00 1 Inch ...................................................................................................................................... $1,790.00 1¼ Inch ................................................................................................................................... $2,780.00 1½ Inch ................................................................................................................................... $4,000.00 2 Inch ...................................................................................................................................... $7,140.00 3 Inch .................................................................................................................................... $16,000.00 4 Inch .................................................................................................................................... $28,570.00 Connections to the wastewater system with water meters larger than 4 inches or when the unique usage characteristics of a large water user may require, the City will determine the system development fee at that time if the City can provide the service as requested. Solid Waste Fees and Charges See current resolution (Resolution No. R14-34). (Resolution No. R15-101) (4) Multiple Containers. Non-residential users who use multiple containers shall be assigned a volume of use variable for each container used. Roll Off Container Set / Reset................................................................................................... $30.00 Roll Off Container Haul.......................................................................................................... $150.00 Roll Off Container Cost per Ton........................................................Current City of Billings’ landfill rates Replacement Waste Container (due to negligence)........................................................... Cost x $1.50 All Tires....................................................................................................................................... $5.00/tire Container Site Waste - Business and Non-City Residents and/or City Residents that do not use City Solid Waste Services Minimum.......................................................................................................................... $5.00 Per Cubic Yard................................................................................................................ $10.00 Non-Residential Garbage Disposal Rate Schedule See current resolution. Park and Recreation Fees and Charges Shelter Reservation ................................................................................................................................ $40.00 Special Events in Parks .......................................................................................................................... $50.00/one day ................................................................................................................................................. $75.00/two days Youth Sports in Parks ................................................................................................................. No Charge 13 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 6 of 11 Riverside Park Camping Fees Tent Space (per night) ............................................................................................................ $10.00 Back in Space (per night) ........................................................................................................ $15.00 Pull Through Space (per night) ................................................................................................ $20.00 Riverside Park Building Reservation Fee Small Meeting Room ................................................................................................................ $30.00 Large Meeting Room W/ Kitchen .......................................................................................... $300.00 Damage/Cleaning Deposit (Refundable upon Inspection) ..................................................... $300.00 Monthly (12) Meetings in Small Meeting Room W/ Use of Large Room Once .................... $500.00 per year Library Photocopy Fees (per page) ....................................................................................................................... $0.10 Printer Fees Black and White (per page) ........................................................................................................... $0.10 Lost or Damaged Book ......................................................................................................................... Cost Library Cards for Non-Residents For Three Months (Minimum) .......................................................................................... No Charge Per Year ............................................................................................................................ No Charge Interlibrary Loan Postage (per item) ........................................................................................................ $2.00 After 3 Community Room Use during library hours ..................................................................................................................... $3.00/hour Use after hours (per hour or any portion of an hour) ................................................................... $30.00 Refundable Cleaning Deposit ...................................................................................................... $30.00 Library Card Replacement Fee (per Card)............................................................................................... $2.00 Fax Fees (per page) .................................................................................................................................. $0.25 Send ....................................................................................................................................................... $0.10 Receive Cemetery Fees (Please Note: Cemetery caretaker must be present at all interments.) (Please Note: Burials are not permitted on Sundays, holidays or Saturday afternoons.) City Residents Full Grave .................................................................................................................................. $350.00 Baby Grave ............................................................................................................................... $200.00 Non-Residents Full Grave .................................................................................................................................. $500.00 Baby Grave ............................................................................................................................... $250.00 Opening and Closing Full Grave .................................................................................................................................. $280.00 Full Grave on Saturday mornings .............................................................................................. $380.00 Baby Grave ............................................................................................................................... $200.00 Baby Grave on Saturday mornings ........................................................................................... $250.00 Cremation ................................................................................................................................... $150.00 Cremation on Saturday mornings .............................................................................................. $200.00 Two Cremations on single plot ................................................................................................. $225.00 Two Cremations on single plot on Saturdays .......................................................................... $ 300.00 Set Cremation Urn at existing Headstones ............................................................................................ $10.00 Private Sale of any plot (transfer processing fee) .................................................................................. $25.00 Disinterment fee for a full burial ......................................................................................................... $300.00 Disinterment fee for cremains.............................................................................................................. $225.00 14 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 7 of 11 Planning Item Fee Notes Annexation into the City of Laurel (80 acres or less) $ 500.00 + $25.00/acre Annexation into the City of Laurel (81 acres or more) $ 500.00 + $45.00/acre Cash in Lieu of Parking spaces outside of the Central Business District $ 750.00 + $25.00/space Conditional Use Application (Commercial) $ 1,250.00 Conditional Use Application (Residential) $ 750.00 Floodplain Permit $ 200.00 Home Occupations $ 100.00 Outdoor Seating $ 200.00 +$25.00/day Planned Unit Development Concept Plan $ 750.00 Planned Unit Development Preliminary Plan $ 1,250.00 +$50.00/acre Planned Unit Development Final Plan $ 1,500.00 +$25.00/acre Review of Buildings for Lease or Rent $ 250.00 Site Plan Review Fee (Commercial) $ 500.00 Site Plan Review Fee (Residential) $ 250.00 Special Review (Commercial) $ 1,250.00 Special Review (Residential) $ 750.00 Special Review Applications resubmitted within one year of a withdrawal request made after the legal advertising $ 500.00 Staff Research $ 35.00 Per Hour Temporary Use Permit $ 350.00 Vacation of Street or Alley $ 250.00 Variance (Commercial) $ 1,250.00 Variance (Residential) $ 750.00 Variance Applications resubmitted within one year of a withdrawal request made after the legal advertising $ 750.00 Zone Change $ 1,250.00 + $45.00/acre Zone Change Applications resubmitted within 1 year of a withdrawal request made after the legal advertising $ 750.00 Zoning Compliance/Verification Letter $ 125.00 Zoning Map Amendment $ 1,500.00 + $45.00/acre 15 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 8 of 11 Subdivision Item Subdivision Fee Notes Corrections or Adjustments to Plats, Conditions, and Supporting Documents after Preliminary Plat Approval: $ 250.00 Corrections or Vacations of Recorded Final Subdivision Plats or Supporting Documents $ 250.00 Exempt Subdivision $ 200.00 Final Plat (Minor) $ 1,250.00 Final Plat, Major Subdivision, 6 to 40 lots $ 1,500.00 Final Plat, Major Subdivision, 41 to 200 lots $ 2,250.00 Final Plat, Major Subdivision, Over 200 lots $ 3,000.00 Major Adjustments for Minor Subdivisions $ 500.00 Major Adjustments for Major Subdivision, 6 to 40 lots $ 1,250.00 Major Adjustments for Major Subdivision, 41 to 200 lots $ 1,750.00 Major Adjustments for Major Subdivision, Over 200 lots $ 2,250.00 Minor Adjustments, Major and Minor Subdivisions $ 250.00 Pre-Application Meeting $ 500.00 + $25.00/lot Preliminary Plat (Minor) $ 1,750.00 + $50.00/lot Preliminary Plat, Major Subdivision, 6 to 40 lots $ 2,000.00 + $25.00/lot Preliminary Plat, Major Subdivision, 41 to 200 lots $ 2,750.00 + $25.00/lot Preliminary Plat, Major Subdivision, Over 200 lots $ 3,500.00 + $25.00/lot Subdivision for Rent or Lease, Final Plan $ 1,000.00 Subdivision for Rent or Lease, Preliminary Plan $ 1,500.00 All Appeals the same as the Application Fee 16 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 9 of 11 Building Permit Fee Notes Additional Plan Review required by changes, additions or revisions to plans (minimum charge - one half hour) $ 47.00 Per Hour Additional Re-Inspection Fee $ 50.00 Building Permit - See Appendix A Demolition Permit - See Appendix A Encroachment Permit $ 100.00 Fence Permit $ 75.00 Fire Inspection (includes one follow up inspection) $ 50.00 Mobile Home Blocking Permit (includes two-meter inspections) $ 75.00 Moving Permit $ 200.00 Photocopies (over 3 pages) $ 0.25 Per Page Plan Review (Commercial) - 65% of Building Permit Fee Plan Review (Residential) - 50% of Building Permit Fee Plotter Photocopies $ 7.00 Per page Right-of-way Excavation Permit (Gravel) $ 100.00 Right-of-way Excavation Permit (Paved) $ 150.00 Roofing Permit (Commercial) $ 200.00 Roofing Permit (Residential) $ 100.00 Sidewalk, Driveway Approach, Curb & Gutter Permit $ 100.00 Sign Permit - See Appendix A Sign Plan Review Fees - 50% of Sign Permit Fee Temporary Sign Permit $ 50.00 Temporary Structure Permit $ 100.00 17 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 10 of 11 APPENDIX A: BUILDING PERMIT FEES Building permit fees are determined by the total valuation of the project. For new construction and additions, the total valuation is determined by the most recent Valuation data as published by the International Code Council. For remodel projects, the total valuation is based on the documented project cost. (RPR is Residential Plan Review, CPR is Commercial Plan Review) Valuation BP Fee RPR Fee CPR Fee Valuation BP Fee RPR Fee CPR Fee $1 - $500 $ 36.00 $ 18.00 $ 23.40 $22,001 - $23,000 $ 544.50 $ 272.25 $ 353.93 $501 - $600 $ 40.50 $ 20.25 $ 26.33 $23,001 - $24,000 $ 565.50 $ 282.75 $ 367.58 $601 - $700 $ 45.00 $ 22.50 $ 29.25 $24,001 - $25,000 $ 586.50 $ 293.25 $ 381.23 $701 - $800 $ 49.50 $ 24.75 $ 32.18 $25,001 - $26,000 $ 601.50 $ 300.75 $ 390.98 $801 - $900 $ 54.00 $ 27.00 $ 35.10 $26,001 - $27,000 $ 616.50 $ 308.25 $ 400.73 $901 - $1,000 $ 58.50 $ 29.25 $ 38.03 $27,001 - $28,000 $ 633.00 $ 316.50 $ 411.45 $1,001 - $1,100 $ 63.00 $ 31.50 $ 40.95 $28,001 - $29,000 $ 648.00 $ 324.00 $ 421.20 $1,101 - $1,200 $ 67.50 $ 33.75 $ 43.88 $29,001 - $30,000 $ 663.00 $ 331.50 $ 430.95 $1,201 - $1,300 $ 72.00 $ 36.00 $ 46.80 $30,001 - $31,000 $ 678.00 $ 339.00 $ 440.70 $1,301 - $1,400 $ 76.50 $ 38.25 $ 49.73 $31,001 - $32,000 $ 693.00 $ 346.50 $ 450.45 $1,401 - $1,500 $ 81.00 $ 40.50 $ 52.65 $32,001 - $33,000 $ 708.00 $ 354.00 $ 460.20 $1,501 - $1,600 $ 85.50 $ 42.75 $ 55.58 $33,001 - $34,000 $ 723.00 $ 361.50 $ 469.95 $1,601 - $1,700 $ 90.00 $ 45.00 $ 58.50 $34,001 - $35,000 $ 738.00 $ 369.00 $ 479.70 $1,701 - $1,800 $ 94.50 $ 47.25 $ 61.43 $35,001 - $36,000 $ 753.00 $ 376.50 $ 489.45 $1,801 - $1,900 $ 99.00 $ 49.50 $ 64.35 $36,001 - $37,000 $ 768.00 $ 384.00 $ 499.20 $1,901 - $2,000 $ 103.50 $ 51.75 $ 67.28 $37,001 - $38,000 $ 784.50 $ 392.25 $ 509.93 $2,001 - $3,000 $ 124.50 $ 62.25 $ 80.93 $38,001 - $39,000 $ 799.50 $ 399.75 $ 519.68 $3,001 - $4,000 $ 145.50 $ 72.75 $ 94.58 $39,001 - $40,000 $ 814.50 $ 407.25 $ 529.43 $4,001 - $5,000 $ 166.50 $ 83.25 $ 108.23 $40,001 - $41,000 $ 829.50 $ 414.75 $ 539.18 $5,001 - $6,000 $ 187.50 $ 93.75 $ 121.88 $41,001 - $42,000 $ 844.50 $ 422.25 $ 548.93 $6,001 - $7,000 $ 208.50 $ 104.25 $ 135.53 $42,001 - $43,000 $ 859.50 $ 429.75 $ 558.68 $7,001 - $8,000 $ 229.50 $ 114.75 $ 149.18 $43,001 - $44,000 $ 874.50 $ 437.25 $ 568.43 $8,001 - $9,000 $ 250.50 $ 125.25 $ 162.83 $44,001 - $45,000 $ 889.50 $ 444.75 $ 578.18 $9,001 - $10,000 $ 271.50 $ 135.75 $ 176.48 $45,001 - $46,000 $ 904.50 $ 452.25 $ 587.93 $10,001 - $11,000 $ 292.50 $ 146.25 $ 190.13 $46,001 - $47,000 $ 919.50 $ 459.75 $ 597.68 $11,001 - $12,000 $ 313.50 $ 156.75 $ 203.78 $47,001 - $48,000 $ 934.50 $ 467.25 $ 607.43 $12,001 - $13,000 $ 334.50 $ 167.25 $ 217.43 $48,001 - $49,000 $ 949.50 $ 474.75 $ 617.18 $13,001 - $14,000 $ 355.50 $ 177.75 $ 231.08 $49,001 - $50,000 $ 964.50 $ 482.25 $ 626.93 $14,001 - $15,000 $ 376.50 $ 188.25 $ 244.73 $50,001 - $51,000 $ 976.50 $ 488.25 $ 634.73 $15,001 - $16,000 $ 397.50 $ 198.75 $ 258.38 $51,001 - $52,000 $ 987.00 $ 493.50 $ 641.55 $16,001 - $17,000 $ 418.50 $ 209.25 $ 272.03 $52,001 - $53,000 $ 997.50 $ 498.75 $ 648.38 $17,001 - $18,000 $ 439.50 $ 219.75 $ 285.68 $53,001 - $54,000 $ 1,008.00 $ 504.00 $ 655.20 $18,001 - $19,000 $ 460.50 $ 230.25 $ 299.33 $54,001 - $55,000 $ 1,018.50 $ 509.25 $ 662.03 $19,001 - $20,000 $ 481.50 $ 240.75 $ 312.98 $55,001 - $56,000 $ 1,029.00 $ 514.50 $ 668.85 $20,001 - $21,000 $ 502.50 $ 251.25 $ 326.63 $56,001 - $57,000 $ 1,039.50 $ 519.75 $ 675.68 $21,001 - $22,000 $ 523.50 $ 261.75 $ 340.28 $57,001 - $58,000 $ 1,050.00 $ 525.00 $ 682.50 18 FY21 Schedule of Fees and Charges 09/14/2021 Resolution No. R21-__ Page 11 of 11 Valuation BP Fee RPR Fee CPR Fee $58,001 - $59,000 $ 1,060.50 $ 530.25 $ 689.33 $59,001 - $60,000 $ 1,071.00 $ 535.50 $ 696.15 $60,001 - $61,000 $ 1,081.50 $ 540.75 $ 702.98 $61,001 - $62,000 $ 1,092.00 $ 546.00 $ 709.80 $62,001 - $63,000 $ 1,102.50 $ 551.25 $ 716.63 $63,001 - $64,000 $ 1,113.00 $ 556.50 $ 723.45 $64,001 - $65,000 $ 1,123.50 $ 561.75 $ 730.28 $100,001 - $500,000: $1491.00 for the first $100,000, plus $6.40 for each additional $1,000 or portion thereof. $65,001 - $66,000 $ 1,134.00 $ 567.00 $ 737.10 $66,001 - $67,000 $ 1,144.50 $ 572.25 $ 743.93 $67,001 - $68,000 $ 1,155.00 $ 577.50 $ 750.75 $68,001 - $69,000 $ 1,165.50 $ 582.75 $ 757.58 $69,001 - $70,000 $ 1,176.00 $ 588.00 $ 764.40 $70,001 - $71,000 $ 1,186.50 $ 593.25 $ 771.23 $500,001 - $1,000,000: $4,051.00 for the first $500,000 plus $5.47 for each additional $1,000 or portion thereof. $71,001 - $72,000 $ 1,197.00 $ 598.50 $ 778.05 $72,001 - $73,000 $ 1,207.50 $ 603.75 $ 784.88 $73,001 - $74,000 $ 1,218.00 $ 609.00 $ 791.70 $74,001 - $75,000 $ 1,228.50 $ 614.25 $ 798.53 $75,001 - $76,000 $ 1,239.00 $ 619.50 $ 805.35 $76,001 - $77,000 $ 1,249.50 $ 624.75 $ 812.18 $1,000,000 and up: $6,239.00 for the first $1,000,000 plus $4.58 for each additional $1,000 or portion thereof. $77,001 - $78,000 $ 1,260.00 $ 630.00 $ 819.00 $78,001 - $79,000 $ 1,270.50 $ 635.25 $ 825.83 $79,001 - $80,000 $ 1,281.00 $ 640.50 $ 832.65 $80,001 - $81,000 $ 1,291.50 $ 645.75 $ 839.48 $81,001 - $82,000 $ 1,302.00 $ 651.00 $ 846.30 $82,001 - $83,000 $ 1,312.50 $ 656.25 $ 853.13 Residential Plan Review = 50% of Permit Fee $83,001 - $84,000 $ 1,323.00 $ 661.50 $ 859.95 $84,001 - $85,000 $ 1,333.50 $ 666.75 $ 866.78 $85,001 - $86,000 $ 1,344.00 $ 672.00 $ 873.60 Commercial Plan Review = 65% of Permit Fee $86,001 - $87,000 $ 1,354.50 $ 677.25 $ 880.43 $87,001 - $88,000 $ 1,365.00 $ 682.50 $ 887.25 $88,001 - $89,000 $ 1,375.50 $ 687.75 $ 894.08 If work has started prior to issuance of a permit, the Building Permit Fee will double. $89,001 - $90,000 $ 1,386.00 $ 693.00 $ 900.90 $90,001 - $91,000 $ 1,396.50 $ 698.25 $ 907.73 $91,001 - $92,000 $ 1,407.00 $ 703.50 $ 914.55 $92,001 - $93,000 $ 1,417.50 $ 708.75 $ 921.38 $93,001 - $94,000 $ 1,428.00 $ 714.00 $ 928.20 $94,001 - $95,000 $ 1,438.50 $ 719.25 $ 935.03 $95,001 - $96,000 $ 1,449.00 $ 724.50 $ 941.85 $96,001 - $97,000 $ 1,459.50 $ 729.75 $ 948.68 $97,001 - $98,000 $ 1,470.00 $ 735.00 $ 955.50 $98,001 - $99,000 $ 1,480.50 $ 740.25 $ 962.33 $99,001 - $100,000 $ 1,491.00 $ 745.50 $ 969.15 19 File Attachments for Item: 3. Resolution - A Resolution Of The City Council Approving An Application For Special Review For Project Telephone Authorizing The Construction Of A Fiberoptic Hut At 1013 8th Avenue, City Of Laurel. 20 R21-___ Approval of Special Review – 1013 8Th Avenue, Laurel, Montana RESOLUTION NO. R21-__ A RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR SPECIAL REVIEW FOR PROJECT TELEPHONE AUTHORIZING THE CONSTRUCTION OF A FIBEROPTIC HUT AT 1013 8TH AVENUE, CITY OF LAUREL. WHEREAS, Project Telephone (“Applicant”), on behalf of the property owner, submitted a Special Review Application for the above-described property which is currently zoned Residential 7500 (R-7500) and is located within the City of Laurel; and WHEREAS, the Applicant desires to construct and locate a fiberoptic utility hut on the property to enable applicant to install a transport fiber optic cable from its existing facilities in Absarokee, Columbus, Park City, through Laurel to its facilities located on the Billings West End; and WHEREAS, the Applicant entered into a long term lease with the property owner to enable it to construct, maintain and operate the fiberoptic utility hut on the property; and WHEREAS, the Laurel Municipal Code authorizes such action upon approval through the Special Review Procedure; and WHEREAS, the Applicant submitted an application for special review to the Laurel-Yellowstone City-County Planning Board (acting as the Zoning Commission) for review and consideration. The Planning Board (Zoning Commission) recommends the City Council’s approval of the application for special review, subject to the following conditions: 1. Any applicable permits, including but not limited to building permits must be applied for within six (6) months of this approval. 2. Construction of the structure and site must be completed within one (1) calendar year of this approval. 3. The operation of the site shall not be done in such a manner as to be a nuisance. 4. The site shall be screened by an appropriate landscaping or site obscuring material as approved by City Staff. 5. Any use of the property not specifically included in this approval or allowable within its underlying zoning district shall be deemed a violation of the laurel Zoning Code. 6. Any subsequent use or change of use associated with this special review shall submit additional documentation to the City for subsequent processing and approval or denial. 7. Curb, gutter, and sidewalk shall be constructed along the road frontage of the 50’x50’ area developed as part of the special review. WHEREAS, a public hearing was held on September 14, 2021 at the City Council Meeting; WHEREAS, the City Council of the City of Laurel hereby finds, based on the recommendation of the Zoning Commission, Staff recommendation, and public comment gathered at the public hearing, that it is in the best interests of the residents of the City of Laurel to approve the application for special review as provided in the Staff Report and Findings attached hereto, subject to the above stated conditions. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the application for special review to allow Project Telephone to construct, maintain and operate a fiberoptic utility hut on the property located at 1013 8th Avenue, Laurel, Montana; and 21 R21-___ Approval of Special Review – 1013 8Th Avenue, Laurel, Montana BE IT FURTHER RESOLVED, that the approval of the application for special review is site specific to this address, and the approval granted herein is subject to the conditions listed in this resolution and the Staff Report. FINALLY, BE IT RESOLVED, the Application, Staff Report and all attachments thereto are hereby incorporated as part of this resolution. Introduced at a regular meeting of the City Council on ________________, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of ________________, 2021 APPROVED by the Mayor this ____ day of __________ 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 22 1 CITY HALL 115 W. 1ST ST. PLANNING: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City of Laurel P.O. Box 10 Laurel, Montana 59044 Office of the City Planner Application for Special Review The undersigned as owner or agent of the following described property requests a Special Review as outlined in Chapter 17 of the Laurel Municipal Code. Applicant: Project Telephone Legal Description: S09, T02 S, R24 E, C.O.S. 68, (.77 ACRES) General Address: Corner of W Maryland Ln and 8th Ave Owner of Tract: Karl Morledge Mailing Address: 2706 Minnesota Ave Billings Mt 59101 Phone Number: 406-620-7011 Email Address: jim.tuell@nemont.coop General Description of the requested Special Review: Project Telephone wishes to place an 8’x12’ hut for housing of electronics for fiber optic transport facilities. 50’x50’ area will be fenced, graveled and gated. Timeline for development: Construction to be completed in 2021 and will operate facilities indefinitely. Lease from landowner would be for 30 years, unless otherwise specified. Attachments: X Site Map (printed on at least 11”x17” in paper size showing dimensions, acreage and location of tracts in question) X Site Plan (printed on at least 11”x17” paper size including: property boundaries and lot line dimensions, the location of proposed/existing structures, off-street parking, site elevations, service and refuse areas, means of ingress and egress, landscaping, screening, signs and open space areas, and latitude and longitude of the site. X Justification letter describing the special review requested and reasoning X Map of all properties within 300 feet of the property X List of the names and addresses of the property owners and/or agents for all parcels within 300 feet of the parcel under Special Review. (City staff can assist with this process) Special Review fee as per Laurel Schedule of Fees. 23 2 Applicant Signature: Date: 24 3 CITY HALL 115 W. 1ST ST. PLANNING: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City of Laurel P.O. Box 10 Laurel, Montana 59044 Office of the City Planner Instructions for Special Review Applications Special Review applications are reviewed by the Laurel City-County Planning Board, which acts as the City Zoning Commission for Special Reviews. The Zoning Commission shall make a recommendation to the Laurel City Council for final approval, approval with conditions, or denial of the application. The City Council has the final authority to grant or deny application requests. 1. Applications must be received on or before the 1st of the month to be considered at the following month’s meeting. 2. Application forms and supporting documents must be completely filled out, printed legibly or typed, with sufficient detail for the Zoning Commission and City Council to make a decision on the matter. 3. If new construction or a change in the use of the property is contemplated, building and/or development plans shall be submitted with the application. 4. Applications must be submitted to the Planning Department with the applicable fee as noted in the most recent Schedule of Fees. 5. A public hearing is required to be held for all Special Review applications. 6. The City will notify all property owners listed within the 300-foot radius and a legal ad will be published at least 15 days prior to the public hearing. 7. The Laurel Zoning Commission meets the 3rd Wednesday of the month at 5:35PM at the Laurel City Council Chambers. The applicant or a representative of the applicant must be present at the public hearing. 8. Recommendations of the Laurel City-County Planning Board shall be provided to the Laurel City Council for their review and final Approval, Conditional Approval, or Denail of the application. 25 - - - - - - - - Nemont Telephone Cooperative, Inc. 61 Highway 13 South P.O. Box 600 STAKING SHEET & PLANT RECORD Nemont Telephone Coop. Inc. Scobey, MT 59263Revised By: As-Built By: Staked By: Revised By: DETERMINED BY THE CONTRACTOR ALL EXACT LOCATIONS ARE TO BE IN APPROXIMATE LOCATIONS ONLY. KNOWN UTILITY LINES ARE SHOWN Phone: 1-800-636-6680 Fax: 1 -406-783-5283 (ONE CALL - DIAL 811) DURING CONSTRUCTION. CAUTION Date: Date: Date: Date: FC S T K -51 5 A Sec: 09 Rev# - P x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 50' 10' 12' 10' Aerial ViewSide View N S EW N S EW WEST MARYLAND AVE LOT WILL BE GRAVELED AND WEED FREE PERIMETER BLACK CHAIN LINK FENCING BACK UP GENERATOR WILL BE ON CONCRETE PAD BUILDING WILL BE ON FOUNDATION CITY SET BACKS WILL BE FOLLOWED BUILDING WILL BE SUPPLIED WITH GAS AND POWER 12' DRAWING IS NOT TO SCALE GEN X X X X X X X X X X X X X X X X X X X X X X X State:Montana County:Yellowstone Range:24E Twsp:2S As Staked Project Telephone Name:Laurel Hut Site Plan WO:P220-0001-ABSK-BLNG Exch:Billings Route: ROW:Private Section:9 BFO 288BFO 288 26 - - - - - - - - Nemont Telephone Cooperative, Inc. 61 Highway 13 South P.O. Box 600 STAKING SHEET & PLANT RECORD Nemont Telephone Coop. Inc. Scobey, MT 59263Revised By: As-Built By: Staked By: Revised By: DETERMINED BY THE CONTRACTOR ALL EXACT LOCATIONS ARE TO BE IN APPROXIMATE LOCATIONS ONLY. KNOWN UTILITY LINES ARE SHOWN Phone: 1-800-636-6680 Fax: 1 -406-783-5283 (ONE CALL - DIAL 811) DURING CONSTRUCTION. CAUTION Date: Date: Date: Date: FC S T K -51 5 A 9 Rev# - P State:Montana County:Yellowstone Range:24E Twsp:2S As Staked Project Telephone Name:Laurel Hut Location WO:P220-0001-ABSK-BLNG Exch:Billings Route: ROW:Private Section:9 W MARYLAND LN W MARYLAND LN 8 TH AV E ALLEY AL L E Y x xx x x x x xx x x x x x x x x x x x x x x x x xx x x x x xx x x x x x x x x x x x x x x x 50' 50' MORLEDGE, KARL E 2706 MINNESOTA AVE BILLINGS, MT 59101-4146 HINES, CALVIN J 701 W MARYLAND LN: LAUREL, MT 59044-1935 NIESKENS, MELISSA K 1006 7TH AVE LAUREL, MT 59044-1709 STONE,NADINE 1010 7TH AVE LAUREL, MT 59044-1709 MILLER, TARA L 931 8TH AVE LAUREL, MT 59044-1943 RIEMANN, FRANCES A PO BOX 575 LAUREL, MT 59044-0575 SEYMOUR, KENNY 804 W MARYLAND LN LAUREL, MT 59044-1658 HILTEBRAND, HAROLD & SHIRLEY 926 8TH AVE LAUREL, MT 59044-1944 BROWN, DONALD L JR & JULIE-RAE 803 W MARYLAND LN LAUREL, MT 59044-1659 7T H AV E N S EW N S EW DRAWING IS NOT TO SCALE PROPERTY LINES ARE APPROXIMATE MORLEDGE, KARL E 2706 MINNESOTA AVE BILLINGS, MT 59101-4146 MORLEDGE, KARL E 2706 MINNESOTA AVE BILLINGS, MT 59101-4146 27 List of Property Owners within 300ft of 1013 8th Avenue, 8/13/2021 Owner name Tax Code Legal Description Address BROWN, DONALD L JR & JULIE-RAE B02282 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 14 803 W MARYLAND LN CAUFIELD ROCKY R & SANDRA B02164 MALIT SUBD, S09, T02 S, R24 E, BLOCK 4, Lot 33 - 34 1013 7TH AVE CERNOHLAVEK, JERRY W & COLLEEN A B02146 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 29 - 30 1021 8TH AVE CHARON, BRIAN B02300 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 8, Lot 3 816 W MARYLAND LN CLAVADETSCHER, KEIL J B02283 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 15 1007 9TH AVE CONRAD, MOLLY B02138 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 13 - 14 1026 7TH AVE DETIENNE, MARTIN E & MAXINE M B02281 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 13 1012 8TH AVE EDGMOND, BRENT S & MARTHA L B01658F MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 13 - 14 926 7TH AVE FAW, TAMIE J B02277 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 9 1036 8TH AVE FERGUSON, RUTH ANN B02147 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 31 - 32 1017 8TH AVE FORSBERG, PEGGY S B02162 MALIT SUBD, S09, T02 S, R24 E, BLOCK 4, Lot 29 - 30 1021 7TH AVE GAUTHIER, PEGGY B02161 MALIT SUBD, S09, T02 S, R24 E, BLOCK 4, Lot 27 - 28 1025 7TH AVE GIBSON, CODY M & AMANDA M B02280 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 12 1018 8TH AVE HARKINS, ELIZABETH ANN (RLE) B02137 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 11 - 12 1022 7TH AVE HARMON, TOM & BARBARA B02284 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 16 1013 9TH AVE HATTEN, DAVID E & BRENDA L B02135 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 7 - 8 1014 7TH AVE HENRY, CYNTHIA L B01670A MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 6, Lot 19 - 20 925 7TH AVE HILTABRAND, HAROLD & SHIRLEY B02451 WILLOW CREEK SUBD, S08, T02 S, R24 E, BLOCK 2, Lot 9 926 8TH AVE HILTABRAND, TOBY R B01858 CASA LINDA SUBD, S08, T02 S, R24 E, BLOCK 1, Lot 4 921 CASA LINDA CIR HILTEBRAND, HAROLD & SHIRLEY B02452 WILLOW CREEK SUBD, S08, T02 S, R24 E, BLOCK 2, Lot 10 8TH AVE HINES, CALVIN J B02132 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 1 - 2 701 W MARYLAND LN JANSMA, FRANCES N B02167 MALIT SUBD, S09, T02 S, R24 E, BLOCK 4, Lot 39 - 40 619 W MARYLAND LN JENSEN, BRANDON & MONICA B02279 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 11 1024 8TH AVE JEROME & HAZEL KLEIN LIVING TRUST B02145 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 27 - 28 1025 8TH AVE 28 KRAITER, DARYL L B01659C MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 23 - 24 919 8TH AVE KRAITER, MICHAEL J B01658D MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 9 - 10 918 7TH AVE KRAUSE, E BRADLEY & JEANETTE G B01670 MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 6, Lot 17 - 18 620 W MARYLAND LN KULESA, KENT B02299 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 8, Lot 2 810 W MARYLAND LN LEBRUN, LARRY W & PEGGY SUE B02450 WILLOW CREEK SUBD, S08, T02 S, R24 E, BLOCK 2, Lot 8 919 10TH AVE LUGO, VICTOR B02139 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 15 - 16 1030 7TH AVE MANLEY, BYRNE J III B02136 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 9 - 10 1018 7TH AVE MCCUE, SCOTT R & AMEE E B01659A MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 19 - 20 927 8TH AVE MERCIER, CODY B01859 CASA LINDA SUBD, S08, T02 S, R24 E, BLOCK 1, Lot 5 927 CASA LINDA CIR MILLER, TARA L B01659 MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 17 - 18 931 8TH AVE MORLEDGE, KARL E D02644 S09, T02 S, R24 E, C.O.S. 68, (.77 ACRES) 1013 8TH AVE MOSBY, BLAINE M & KERI A B02453 WILLOW CREEK SUBD, S08, T02 S, R24 E, BLOCK 2, Lot 11 921 10TH AVE NELSON, JAMES R B02140 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 17 - 18 1034 7TH AVE NIESKENS, MELISSA K B02133 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 3 - 4 1006 7TH AVE O'DONNELL, LEE ANN B02166 MALIT SUBD, S09, T02 S, R24 E, BLOCK 4, Lot 37 - 38 1005 7TH AVE REHLING, VICKI L B02144 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 25 - 26 1029 8TH AVE RIEMANN, FRANCES A B01658G MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 15 - 16 702 W MARYLAND LN RISTE, KEVIN D & BECCI J B01658E MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 11 - 12 922 7TH AVE RUBASH, SHERRI L B02278 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 10 1028 8TH AVE SEYMOUR, KENNY & B02298 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 8, Lot 1 804 W MARYLAND LN SKAW, MATTHEW D & SHANELL D B01659B MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 21 - 22 923 8TH AVE SMITH, DARRELL R & RACHEL A B02285 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 17 1019 9TH AVE SNOWDEN, SCOTT F & MANDY L B02287 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 19 1029 9TH AVE STONE,NADINE B02134 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 5 - 6 1010 7TH AVE VOORHIS, RENEE & B01670B MOUNTAIN VISTA SUBD, S09, T02 S, R24 E, BLOCK 6, Lot 21 - 22 921 7TH AVE WHITFIELD, WANDA LEE & B02165 MALIT SUBD, S09, T02 S, R24 E, BLOCK 4, Lot 35 - 36 1009 7TH AVE WIESNER, EUGENE F & MARIA P B02286 CHERRY HILL SUBD, S08, T02 S, R24 E, BLOCK 6, Lot 18 1025 9TH AVE WILKE, IRVING H & PAMELA K B02163 MALIT SUBD, S09, T02 S, R24 E, BLOCK 4, Lot 31 - 32 1017 7TH AVE WISECUP, MIKE S & GAYLE A B02143 MALIT SUBD, S09, T02 S, R24 E, BLOCK 3, Lot 23 - 24 1033 8TH AVE 29 30 2457 Ma in St ▪ P.O. Box 8 ▪ Worden, MT 59088 -0008 (406) 967 -5555 ▪ Fax (406) 9 67-5112 8/10/2021 City of Laurel PO Box 10 115 W. 1st Street Laurel, MT 59044 RE: City of Laurel Hut location Dear sirs; This is a brief detail and scope of the work to be performed along 8th Ave and W Maryland Ln in Laurel, MT. Project Telephone is bringing a transport fiber optic cable from our existing facilities in Absarokee through Columbus, Park City, Laurel and into our facilities on the Billings west end. We will have a hut in Columbus, Park City and need to have one in Laurel. This building or hut will regenerate the fiber optic light. I have been working with Nick Altonaga, CFM, your Planning Director in searching for a lot or tract of land that will fit our needs. The tract size needed is 50’ x 50’. The building size is approximately 8’x12’, similar in dimensions to a storage shed. It will be placed on a similar sized concrete foundation or pad. It will have power and natural gas ran to it. The 50’x50’ tract will be fenced with black chain link fence and slatted if required. It will have a gate to allow vehicles egress into the lot. The interior of the lot will be graveled and free of vegetation. Snow removal will be done by Project Telephone. It will have a generator back up placed alongside the building on a concrete pad. I understand that the City is looking for a new location for their booster pump station. The remainder of this lot would make a great location. I also know that the owner is willing to talk about this. Please see attached staking sheets and supporting documents. Feel free to call with any questions. Thank you for this consideration. Jim Tuell OSP Engineer / ROW Agent Project Telephone Company Office (406) 783-2344 Cell (406) 620-7011 31 Chapter 17.21 - TELECOMMUNICATIONS TOWERS AND ANTENNAE* Sections: 17.21.010 - Intent. This chapter is established to regulate the placement of telecommunications towers and antennae within the Laurel zoning jurisdictional area (one mile outside the municipal limits). (Ord. 01-2 (part), 2001) 17.21.020 - Standards for amateur radio antenna support structures. A. Definitions. For the purposes of this chapter, the terms used shall be defined as follows: "Amateur Radio Antenna" means a ground, building or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, 49 CFR § 97 and as designed by the Federal Communications Commission (FCC). "Amateur Radio Antenna Support Structure" means any structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing amateur radio antennae. The term includes the structure and any support thereto. "Antenna Support Structure Height" means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure including any attached antennae. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. B. General Provisions. All amateur radio towers shall comply with the following requirements: 1. Amateur radio antenna support structures and antennae shall be located only within the rear yard and shall not be placed within any required setback and shall be located so as to minimize their impact on adjacent residential properties and adjacent rights-of-way while maintaining acceptable signal quality. 2. Amateur radio antenna structures and antennae exceeding six feet in height above grade (if ground-mounted) or above the roof or ridge of the building on which they are located (if building- mounted), shall require a building permit if located within the municipal limits of Laurel. If located within one mile of such municipal limits, applicants must provide evidence to the Laurel Code Enforcement Office that the device is adequately anchored, designed, and/or constructed so as to safeguard the general public and/or adjacent property from damaged in the event of failure of the device. 3. It is recommended that amateur radio antenna support struct ures be designed, installed, and maintained so as to blend into the surrounding environment through the use of color and alternative designs, except in instances where the color is dictated by the Federal Aviation Administration (FAA). 4. In accordance with the FCC's preemptive ruling PRB1, 101 FCC 2d 952 (1985), antenna support structures erected for the primary purpose of supporting amateur radio antennae may exceed height limitations of the underlying zoning. 5. Attachments to amateur radio antenna support structures, such as guy wires, shall not cross any property line or any existing or proposed easement. 6. No lighting shall be permitted on any amateur radio antenna support structures except as mandated by the FAA. 7. No signage (other than required warning signs) or displays of any type shall be permitted on any amateur radio antenna support structure. 32 C. Applicability. All amateur radio support structures and antennae located within the City of Laurel or its surrounding zoning jurisdictional area whether upon private or public lands shall be subject to this chapter. This chapter shall apply to amateur radio antenna support structures and antennae upon state and federal lands to the extent of the city's jurisdiction by way of law, pursuant to any memoranda of understanding or otherwise. Only the following facilities shall be exempted from the application of this chapter: Pre-existing amateur radio antenna support structures or antennae. Pre-existing amateur radio antenna support structures and pre-existing amateur radio antennae shall not be required to meet the requirements of this chapter, so long as said pre -existing antenna support structures and antennae have received all required approvals, permits, and exceptions prior to adoption of this chapter. (Ord. 01-2 (part), 2001) 17.21.030 - Standards for wireless communications facilities. A. Purpose. The purpose of this chapter is to establish regulations for the siting of antenna support structures and antennae on public and private property. The goals of this section are to: 1. Encourage the location of antenna support structures in non -residential areas and minimize the total number of antenna support structures throughout the community; 2. Strongly encourage the joint use of new and existing antenna support structures; 3. Require wireless communication facilities to be located, to the extent possible, in areas where the adverse impact on the community is minimal; 4. Require wireless communication facilities to be configured in a way that minimizes the adverse visual impact of the towers and antennae; and 5. Enhance the ability of the providers of wireless communication services to provide such services to the community, as quickly, effectively, and efficiently as possible. B. Definitions. "Abandoned antenna support structures" means any antennae or antenna support structures that are not utilized for the provision of wireless communications services for a cont inuous period of six months shall be considered abandoned. "Alternative antennae support structure" means an antenna support structure designed to shield, conceal, or disguise the presence of antennae or towers and blend with the surrounding setting. Alternative structures may include, but are not limited to, unobtrusive architectural features on new or existing structures, utility poles, clock towers, flagpoles, and church steeples. "Antenna" means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennae, such as panels, microwaves dishes, and satellite dishes, and omni-directional antennae, such as whip antennae but not including satellite earth stations. "Antenna support structure" means any structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting, or otherwise affixing antennae. Antenna support structures may include, but are not limited to, self-supporting lattice towers, guyed towers, or monopole towers. The term also includes radio and television transmission towers, microwave towers, common - carrier towers, cellular telephone towers, alternative antenna support structures, and the like. The term includes the structure and any support thereto. Land mobile radio and radio and television antenna support structures are regulated under Section 17.21.040 of this chapter. "Antenna support structure height" means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure including any attached antennae. If the support structure is on a sloped grade, then the average between the highest and lowest grades 33 shall be used in calculating the antenna height. The height of roof-mounted antenna support structure height of building on which they are mounted. "Antenna or Tower farm" means an antenna or tower farm is a tract of land that contains no more than three antenna support structures within seven hundred fifty linear feet of each other. No antenna support structures located in tower farms shall exceed one hundred ninety -nine feet in height. Legal tracts must be adjacent to each other to be included in this definition. "Co-location" means the use of a wireless communications facility by more than one wireless communications provider. "Commercial wireless communication services" means licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. "Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies, and emergency generators. "Wireless communication facility" means an unstaffed facility for the transmission and/or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure and one or more antennae. Amateur radio, land mobile radio, and commercial radio and television facilities are excluded from this definition. "FAA" means the Federal Aviation Administration. "FCC" means the Federal Communication Commission. C. Applicability. All wireless communication facilities located within the City of Laurel and its one-mile zoning jurisdictional area whether upon private or public lands shall be subject to this chapter. This chapter shall apply to wireless communication facilities upon state and federal lands to the extent of the city's jurisdiction by way of la w, pursuant to any memoranda of understanding or otherwise. Only the following facilities shall be exempted from the application of this chapter. 1. Amateur radio stations and antenna support structures; 2. Antennae and antenna support structures for land mobile radio and radio and television; 3. Pre-existing antenna support structures or antennae. Pre-existing antenna support structures and pre-existing antennae shall not be required to meet the requirements of this chapter, so long as said pre-existing antenna support structures have received all required approvals, permits, exceptions prior to adoption of this chapter. D. Commercial Antenna Support Structures and Antennae Located in Residential Zoning Districts. 1. Antenna support structures and antennae shall be permitted as an allowed use in all residential zoning districts provided they meet all of the following criteria: a. Alternative antenna support structures conforming to all applicable provisions of this chapter and roof-mounted antennae that do not add more than twenty feet to the total height of the building on which they are mounted shall be permitted as an allowed use only when located on school, government-owned utility, and other government sites. Proposed antennae or antenna support structures that are contrary to this section are subject to the special review requirements of these zoning regulations. After the special review hearing and reaching its decision, the city-county planning board shall forward its recommendations to th e city council for its decision. b. Antennae co-located on existing or approved alternative antenna support structures or existing or approved antenna support structures that have previously received all required approvals and permits shall be permitted as an allowed use. 34 2. Antenna support structures and antennae shall be permitted in the Agricultural -Open Space (AO) zoning district provided the following conditions and all applicable setback, lot coverage, and building (commercial equipment enclosures) height requirements are met: a. Antenna support structures conforming to all applicable provisions of this ordinance shall be permitted when: (1) Located on school, government-owned utility, and government sites and alternative antenna support structures for roof-mounted antenna are used. Proposed antennae or antenna support structures that are contrary to this section are subject to the special review requirements of Laurel's Zoning Ordinance. After the special review hearing and reaching its decisio n, the city- county planning board shall forward its recommendations to the city council for its decision. (2) Antenna support structures fifty feet or less in height. b. Antenna support structures that are greater than fifty feet in height shall be required to obtain special review approval. c. Antennae co-located on existing or approved alternative antenna support structures or existing or approved antenna support structures that have previously received all required approvals and permits shall be permitted as an allowed use. d. Antennae or tower farms for antennae support structures fifty feet or less in height are permitted by special review. E. Commercial Antenna Support Structures and Antennae Located in Commercial Zoning Districts. 1. Alternative antenna support structures shall be permitted as an allowed use in all commercial zoning districts. 2. Antenna support structures shall be permitted as an allowed use in all commercial zoning districts when located on school, government-owned utility, and other government sites. Proposed antennae or antenna support structures that are contrary to this section are subject to the special review requirements of Laurel's Zoning Ordinance. After the special review hearing and reaching its decision, city-county planning board shall forward its recommendations to the city council for its decision. 3. Antennae co-located on existing alternative antenna support structures or existing antenna support structures which have previously received all required approvals and permits shall be permitted as an allowed use in all commercial zones. 4. Antenna support structures and antennae located in Residential Professional (RP) th at do not meet the requirements of preceding subsection E1, E2, and E3 shall be required to obtain special review approval. 5. New antenna support structures shall not be erected in the Community Entryway Zone. Antennae may be placed on existing antenna support structures and alternative antenna support structures that have previously received all required approvals and permits and meet the provision and requirements of this ordinance without obtaining permit zoning approval. 6. Antenna support structures and antennae located Neighborhood Commercial (NC), Highway Commercial (HC), Light Industrial (LI), Central Business District (CBD), Heavy Industrial (HI), and Public (P) zoning districts shall be permitted as an allowed use provided that the towers meet the requirements subsections E1, E2, and E3, or: a. Roof-mounted antenna that do not add more than twenty feet to the total height of the building on which it is mounted shall be permitted as an allowed use. (See additional requirements for roof-mounted antenna in subsection (G)(10) of this section). b. Antenna support structures fifty feet in height or less shall be permitted as an allowed use. Antennae or tower farms for antennae support structures fifty feet or less in height are permitted by special review. 35 c. Antenna support structures that are greater than fifty feet in height shall not be allowed in the CBD or HC Zones. F. Antenna Support Structures Located in Parks. The presence of certain wireless communication facilities may conflict with the purpose of some city and county-owned parks. Wireless communication facilities will be considered only following a recommendation by the city -county planning board, the city parks committee, or the county board of park commissioners and approved by the city council. Factors that will be considered include: 1. Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use; 2. Commercial recreation areas and major playfields; and, 3. Park maintenance facilities. G. General Requirements. The requirements set forth in this section shall govern the location and construction of all wireless communications facilities governed by this ordinance. 1. Building Codes and Safety Standards. To ensure the struct ural integrity of wireless communication facilities, the owner of a facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such wireless communication facilities, as amended from time to time. 2. Regulatory Compliance. All wireless communication facilities must meet or exceed current standards and regulations of the FAA, the FCC, and other local, state or federal agencies with the authority to regulate facilities governed by this chapter. All wireless communication facilities must comply with all revised standards and regulations within the date established by the agency promulgating the standards or regulations. 3. Setbacks: a. Antenna support structures adjacent to residential uses or zoning. Antenna support structures must be set back from all property lines a distance equal to one-half the height of the structure from any off-site residential structure or residentially-zoned lot. Accessory structures must maintain a minimum of a fifteen foot setback from any lot line adjacent to a residential structure or residentially-zoned lot, or the required setback of the zoning district where the antenna support structure is located, whichever is greater. b. Commercial and Industrial Zoning Setbacks. Antenna support structures and accessory facilities must meet the minimum yard setback requirements, including arterial setbacks, for the commercial or industrial zoning district in which they are located. 4. Lot Coverage and Height. Antenna support structures and accessory structures shall not exceed lot coverage requirements for the zoning district in which they are located. Accessory structures shall not exceed the height restrictions for the zoning district in which they are located. 5. Fencing and buffering. a. Fencing. A chain link or solid wood fence, or masonry wall at least six feet in height (eight feet if razor or barbed wire is to be used) shall be constructed and maintained around the perimeter of the antenna support structure site. Climb-proof shields can be substituted for a fence or wall around the structure. Solid fences, at least six feet in height, are required adjacent to residential uses and residentially-zoned property. b. Landscaping. For all facilities the following will be required: a continuous evergreen hedge at least four feet in height when planted, shall be planted and maintained around the perimeter of the antenna support structure outside of the required fencing and spaced close together to provide a continuous visual screen. Shrubs shall also be planted and maintained around the guy anchors for visual screening purposes. A performance bond or letter of credit for one hundred fifty percent of the landscaping and fencing materials and l abor costs shall be posted with the Laurel Code Enforcement Office, prior to zoning approval or issuance of building permit, to ensure the placement of required landscaping and fencing. 36 c. Commercial Landscaping. Landscaping requirements shall not apply to antenna support structures located in the Heavy Industrial (HI) zoning district. d. Exceptions for Laurel Airport. If federal safety and security standards at the airport prevent an antenna support structure from being fenced or landscaped, preceding items (5)(a) and (5)(b) will not apply. Documentation of these standards must be submitted with the application. 6. Lighting. Antenna support structures shall not be artificially lighted unless required by the FAA or other local, state, or federal agency. If the FAA requires safety lighting, the use of red beacons is preferred to flashing strobe lights. Security lighting on site may be mounted up to twenty feet high on the tower, and shall be directed towards the ground to reduce light pollution, prevent off-site light spillage, and avoid illuminating the tower. Cut-off security lighting must be used adjacent to residential uses or residentially zoned lots. When incorporated into the approved design of the facility, light fixtures used to illuminate sports fields, parking lots, or similar areas may be included in the facility. 7. Signage. Signage shall be limited to non-illuminated warning and equipment identification signs. 8. Co-location. a. Antenna support structures should be designed in all respects to accommodate both the applicant's antennae and antennae for at least two additional comparable antennae if the antenna support structure is over one hundred feet in height or for at least one additional comparable antennae if the tower is between fifty feet and one hundred feet in height. b. All new antennae must co-locate on existing or approved antenna support structures or alternative antenna support structures unless it can be demonstrated co-location is not feasible as provided for in subsection (K)(7) of this section. 9. Maintenance. a. Equipment at a wireless communication facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street. b. All property used for the siting of an antenna support structure or antenna shall be maintained, without expense to the city so as to be safe, orderly, attractive, and in conformity with city codes including those regarding the removal of weeds, trash, and landscape maintenance. 10. Visual impact/aesthetics. a. Wireless communication facilities shall either maintain a galvanized steel finish or (subject to any applicable standards of the FAA or other applicable local, state, or federal agency) be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness. b. If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Antennae and antenna support structures may be mounted on existing buildings that are thirty feet or more in height above the street grade. c. Roof-mounted antennae and antenna support structures shall not add more than twenty feet to the total height of the building on which they are mounted. Roof-mounted equipment shall be made visually unobtrusive to match existing air conditioning units, stair, elevator tow ers, or other architectural elements. Only monopole antennae support structures with omni- directional (whip) or low profile single-directional (panel) shall be installed on building roofs. Crow's nest antennae arrays are prohibited on rooftop structures. 37 d. Wireless communication facilities attached to new or existing structures shall be designed to blend with the structure's architecture and should be placed directly above, below, or incorporated with vertical design elements of a structure. e. Wireless communication facilities shall be located as to minimize their visibility and not be placed within historic or scenic view corridors as designated by the Laurel city council or by any state or federal law or agency. 11. Antenna support structure separation. All antenna support structures over fifty feet in height, regardless of the zoning district in which the structure is located, shall be located at least one mile from any other antenna support structure that is over fifty feet. Up to three antenna su pport structures located within an approved wireless communication facility tower farm shall be located at least one mile from any other tower farm. Exceptions to the terms of subsection (G)(11) of this section may be granted by the City of Laurel during the special review process when it is found that no existing or approved antenna support structure within the required separation distance of the proposed site can accommodate the applicant's proposed antenna; or a critical need exists for the proposed location, and it is technically infeasible to locate or co- locate structures at or beyond the required separation distance. H. Nonconforming Wireless Communication Facilities. Antenna support structures and/or facilities in existence on the date of the adoption of these regulations, that do not comply with the requirements of these regulations, (nonconforming antenna support structures) are subject to the following provisions: 1. Nonconforming antenna support structures may continue their present use, but may not be expanded or increased in height without complying with these regulations, except as further provided in this section. 2. Nonconforming antenna support structures which are hereafter damaged and destroyed, by less than fifty percent of its replacement value, due to any reason or cause may be repaired and restored to their former use, location, and physical dimensions subject to obtaining a building permit and other necessary approvals thereof, but without otherwise complying with these regulations. If an antenna support structure is destroyed or damaged by more than fifty percent of its replacement, the antenna support structure must be brought into compliance with these regulations. 3. The owner of any nonconforming antenna support structure m ay make minor modifications in order to improve the structural integrity of the facility, to allow the facility to accommodate co - located antennae or facilities, or to upgrade the facilities to current engineering, technological, or communications standards without having to conform to the provisions of these regulations. I. Modifications of Existing Wireless Communication Facilities That Meet the Requirements of These Regulations. 1. Minor Modifications. Minor modifications to facilities permitted unde r these regulations shall be approved by the city-county planning board so long as they comply with the original approved design. Minor modifications are as follows: the addition of more antenna arrays to any existing antenna support structure, so long as the addition of the antenna arrays add no more than twenty feet in height to the facility and the increase in height of the support structure is no greater than ten percent. Placement of additional antennae, up to the number the antenna support structure was originally designed to accommodate, shall be considered a minor modification. 2. Major Modifications. Major modifications to antenna support structures permitted under these regulations shall be approved through a special review. Major modifications are any that exceed the definition of minor modifications. J. Abandonment. Wireless communications facilities will be considered abandoned if they are unused by all providers at the facility for a period of six months. Determination of abandonment shall be made by the city-county planning board which shall have the right to request documentation from the facility 38 owner regarding support or antenna usage. Upon abandonment, the facility owner shall have ninety days to: 1. Re-use the facility or transfer it to another owner who will re-use it; or 2. Dismantle the Facility. If the facility is not removed within ninety days of abandonment, the city may remove the facility at the facility and/or property owner's expense. If the facility is removed, city approval of the facility will expire. If the facility owner is unable to remove the facility within the ninety days due to unusual circumstances, the city-county planning board may grant the facility owner an additional ni nety days in which to comply with the requirements of this section. K. Special Review Submittal Requirements. The applicant of new wireless communication facilities shall provide the following documentation for review by the city-county planning board: 1. A map to scale showing the service area of the proposed wireless communication facility and an explanation of the need for that facility; 2. A site/landscaping plan showing the following items; a. North arrow. b. The location and dimensions of all vehicular points of ingress and egress, drives, alleys and streets. c. Property boundaries and lot line dimensions. d. The locations and dimensions of all existing and proposed buildings, structures, and improvements including those that will be removed. All information must be labeled. e. Setbacks from all property boundaries for existing and proposed structures and buildings. f. Centerline and names of major and minor arterial streets relevant to the application. g. Elevation drawing of proposed wireless communication facility including the antenna support structure, antenna platforms and associated equipment enclosures. Also indicate the maximum number of antenna platforms that can be supported. h. Detailed landscaping plan of the site. i. Location of artificial light sources and the areas of illumination. j. Applications for tower farms shall include subsections (a) through (i) of this section and an overall development plan showing the location of future structures and equipment enclosures. k. Latitude, longitude, and height of proposed antenna support structures. 1. Other pertinent features as determined by the planning board or the city. 3. Area map showing the property boundaries of adjacent property and the location of existing buildings. 4. Inventory of existing and approved sites. Each applicant for one or more antenna support structure shall provide to the city-county planning board a map showing the locations and service area of existing and approved antenna support structures operated or utilized by the applicant, including specific information on the location, height, and design of each antenna support structure. The city-county planning board shall maintain an inventory of existing and approved antenna support structures, including specific information about the location, height, and design of each antenna support structure. The city may share such information with other persons, organizations, or governmental authorities. 5. Documentation of minimum light requirements from the FAA or other local, state or federal agency for the antenna support structure and/or antennae. Where applicable, applicant will provide documentation of the FAA airspace review and a copy of comments from the FAA. 39 6. When the applicant is a wireless service provider, proof that the applicant is licensed by the FCC to provide the wireless communication services that the proposed facility is designed to support. 7. Availability of suitable existing or approved antenna support structures. No new a ntenna support structure shall be permitted unless the applicant clearly demonstrates, in writing, to the reasonable satisfaction of the city that no existing or approved antenna support structure within the required separation distance of the proposed sit e can accommodate the applicant's proposed antenna. Closer separation distances may be approved if the applicant clearly demonstrates a critical need for the alternative location and the infeasibility of locating or co -locating wireless communication facility at or beyond the required separation distance. Evidence submitted to demonstrate that no existing or approved structure can accommodate the applicant's proposed antenna must include a discussion of the following items, if relevant: a. No existing or approved antenna support structures are located within the geographic area required to meet the applicant's engineering requirements; b. Existing or approved antenna support structures are not of sufficient height to meet the applicant's engineering requirements; c. Existing or approved antenna support structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength; d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing or approved antenna support structures, or the antenna on the existing or approved antenna support structures would cause interference with the applicant's proposed antenna; e. The fees or costs required to share an existing or approved antenna support structure or to adapt an existing or approved antenna support structures for sharing are unreasonable. Costs below new tower development are presumed reasonable; f. Property owners or owners of existing or approved antenna support structures are unwilling to accommodate the applicant's needs; g. The applicant demonstrates that there are other limiting factors that render existing or approved antenna support structures unsuitable; 8. Co-location Agreement. If co-location is feasible, the owner of the antenna support structure shall certify, prior to permit approval, that the owner will accept for co-location any FCC licensed wireless communication provider using compatible technology on commercially reasonable terms up to the antenna support structure's capacity to accommodate additional antennae. The applicant shall also include a statement on how requests for co -locators will be processed. 9. Effect of surrounding property values. The applicant must submit information that substantiates there will be no adverse effects on surrounding property values resulting from the proposed facility. L. Special Review Uses. 1. A request for a special review shall be initiated by app lication to the city-county planning board and handled in accordance with the special review procedure provided in Section 17.68 of this code. The Laurel city council may issue special review approval under these sections provided it has determined that the requirements of this ordinance has been satisfied and, further, that the benefits of and need for the proposed wireless communication facilities are greater than possible depreciating effects and damage to neighboring properties. 2. In granting special review approval, the city council may impose additional conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed wireless communication facilities on surrounding properties. 3. Expiration of Special Review Approval. 40 a. If located within the one-mile zoning jurisdictional area of Laurel, construction of the facility must be completed within one year of special review approval. If located within the city of Laurel, a building permit must be applied for within six months of special review approval and the project shall be completed within one year from the date the special review is granted by the city council. For the purpose of these regulations, the term standard of construction shall be defined as the installation of a permanent foundation for the antenna support structure. The city council may grant one six month extension of the period to start construction upon written request by the applicant. b. The city council shall not approve an extension unless the development plan is brought into conformance with any relevant zoning regulations that have been amended subsequent to the original approval and unless the applicant provides adequate evidence that construction is able to begin within the time period sought. This evidence shall include, but not be limited to, the acquisition of any or all required government approvals and project financing, the city council may as a condition of approval of a special review establish the period of time such special review may remain in effect. M. Appeals. Appeals from any decision of the city-county planning department, not requiring city council approval, may be taken by any person aggrieved by the decision to board of adjustment or to the city council pursuant to Section 17.64 of this code. N. Nuisances. Wireless communication facilities, including without limitation, power source, ventilation, and cooling, shall not be maintained or operated in such a manner as to be a nuisance. (01 -2 (part), 2001) 41 17.21.040 - Standards for land mobile radio and radio and television broadcast antennae and antennae support structures. A. Purpose. The purpose of this section is to establish regulations for the siting of broadcast facilities, including land mobile radio services and radio and television broadcast antennae, antenna support structures, and associated equipment and buildings on public and private property. The goals of this section are to: 1. Encourage the location of broadcast facilities in non-residential areas and minimize the total number of antenna support structures throughout the community; 2. Strongly encourage the joint use of new and existing broadcast antenna support structures; 3. Require broadcast facilities to be located, to the extent possible, in areas where the adverse impact on the community is minimal; 4. Require broadcast facilities to be configured in a way that minimizes the adverse visual impact of antenna support structures and antennae; and 5. Enhance the ability of the providers of land mobile radio services and radio and television broadcast services to provide such services to the community as quickly, effectively, and efficiently as possible. B. Definitions. For the purposes of this section, the terms used shall be defined as follows: "AM" means amplitude-modulated broadcasting in the frequency band 535-1,705 kilohertz. "Antenna/antenna support structure height" means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure including any attached antennae. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. "Broadcast antenna" means a ground, building or tower-mounted antenna operated as a land mobile radio service or as a broadcast radio and/or television service as defined by the Federal Communications Commission (FCC) under Code of Federal Regulations and subsequent title amendments: (a) Title 47, Part 90 (47 CFR § 90) - Private Land Mobile Radio Services, (b) Title 47, Part 73 (47 CFR § 73) - Radio Broadcast Services, which includes AM, FM, and Television Services, and (c) Title 47, part 74 (47 CFR § 74) - Experimental Radio, Auxiliary, and Special Broadcast and Other Program Distributional Services; "Broadcast antenna support structure" means any structure or device specifically designed, constructed, and/or erected for the purpose of attaching, mounting, or otherwise affixing antennae. Antenna support structures may include, but are not limited to, self-supporting lattice towers, guyed towers, or monopole towers. In this section, the term applies to land mobile radio service and broadcast radio and television transmission antenna support structures. The term includes the structure and any support thereto. "Broadcast antenna or tower farm" means a tract of land that contains three or more broadcast or land mobile radio service antenna support structures, any two are spaced no more than seven hundred fifty linear feet of each other. Legal tracts must be adjacent to each other to be included in this definition. The term is inclusive of all antenna support structures, equipment enclosures, buildings, and any additions thereto. "Broadcast facilities" means an unstaffed facility for the transmission and/or reception of radio signals for communications purposes, typically consisting of an equipment building or enclosure, an antenna support structure, and one or more antennae. This definition applies exclusively to land mobile radio fixed systems, and radio and television broadcast transmission facilities. "FAA" means the Federal Aviation Administration. 42 "FCC" means the Federal Communications Commission. "Land Mobile Radio Service (LMRS)" means a mobile service between base stations and land mobile stations or between land mobile stations as defined in Title 47, PART 90 (47 CFR § 90) - Private Land Mobile Radio Services. C. Applicability. All land mobile radio service and radio and television broadcast antenna and antenna support structures located within the City of Laurel zoning jurisdiction whether upon private or public lands shall be subject to this chapter. This chapter shall apply to broadcast antenna and antenna support structures upon state and federal lands to the extent of the city's jurisdiction by way of law, pursuant to any memoranda of understanding or otherwise. Pre-existing land mobile radio and radio and television broadcast antenna support structures and antennae shall not be required to meet the requirements of this chapter except as provided under Section 17.56 of this code, "Nonconforming broadcast facilities". D. Broadcast antenna support structures and antennae located in residential zoning districts. 1. Land mobile radio and radio and television broadcast antenna support structures and antennae shall be permitted as an allowed use in all residential zoning districts provided they meet all of the following criteria: a. Alternative broadcast antenna support structures conforming to all applicable provisions of this ordinance and roof-mounted antennae that do not add more than twenty feet to the total height of the building on which it is mounted shall be permitted as an allowed use only when located on school, government-owned utility, and other government sites. Proposed antennae or antenna support structures that are contrary to this section are subject to the special review requirements of Laurel's Zoning Ordinance. After the special review hearing and reaching its decision, the city-county planning board shall forward its recommendations to the city council for its decision. b. Antennae co-located on existing or approved alternative broadcast antenna support structures or existing or approved broadcast antenna support structures, which have previously received all required approvals and permits shall be permitted as an allowed use. 2. Broadcast antenna support structures and antennae shall be p ermitted in the agricultural-open space (AO) zoning district provided the following conditions and all applicable setback, lot coverage, and building (commercial equipment enclosures) height requirements are met: a. Broadcast antenna support structures c onforming to all applicable provisions of this ordinance shall be permitted when: (1) Located on school, government-owned utility, and government sites and alternative antenna support structures or roof-mounted antenna are used. Proposed antennae or antenna support structures that are contrary to this section are subject to the special review requirements of Laurel's Zoning Ordinance. After the special review hearing and reaching its decision, the city - county planning board shall forward its recommendatio ns to the city council for its decision. (2) Broadcast antenna support structures fifty feet or less in height. b. Broadcast antenna support structures that are greater than fifty feet in height shall be required to obtain special review approval. c. Broadcast antennae co-located on existing or approved alternative broadcast antenna support structures or existing or approved broadcast antenna support structures that have previously received all required approvals and permits shall be permitted as an a llowed use. d. Broadcast antenna or tower farms are permitted by special review. E. Broadcast Antenna Support Structures and Antennae Located in Commercial Zoning Districts. 1. Broadcast antenna support structures fifty feet in height or less shall b e permitted as an allowed use. 43 2. Broadcast antenna support structures that exceed fifty feet in height or the maximum height limitations in the underlying commercial and industrial zoning districts (whichever is greater) are permitted by special review. 3. Broadcast antenna or tower farms are permitted by special review, except in Entryway Zone and the CBD and HC zoning districts. 4. All broadcast antenna support structures located in heavy industrial (HI) shall be permitted as an allowed use, including broadcast antenna or tower farms. 5. All broadcast facilities located within the boundaries of an approved or pre -existing broadcast antenna or tower farm shall be permitted as an allowed use. F. General requirements. The requirements set forth in this section shall govern the location and construction of all land mobile radio service and radio and television transmission facilities governed by this chapter. 1. Building Codes and Safety Standards. To ensure the structural integrity of broadcast facilities, the owner of a facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such facilities. 2. Regulatory Compliance. All broadcast facilities must meet current standards and regulations of the FAA, the FCC, and other local, state or federal agencies with the authority to regulate facilities governed by this chapter. 3. Setbacks. a. Broadcast antenna support structures adjacent to residential uses or zoning. Broadcast antenna support structures must be set back, from all property lines, a distance equal to one- half the height of the structure from any off-site residential structure or residentially zoned lot. Accessory structures, such as equipment enclosures or transmitter buildings, must maintain a minimum of a fifteen foot setback from any lot line adjacent to a residential structure or residentially zoned lot, or the required setback of the zoning district where the antenna support structure is located, whichever is greater. b. Commercial and Industrial Zoning Setbacks. Broadcast antenna support structures and accessory facilities must meet the minimum yard se tback requirements, including arterial setbacks, for the zoning district in which they are located. c. Broadcast Facilities in Broadcast Antenna or Tower Farms. Antenna support structures and accessory facilities located in antenna or tower farms must meet the minimum yard setback requirements, including arterial setbacks, for the zoning district in which they are located. 4. Lot Coverage and Height. Broadcast antenna support structures and accessory structures shall not exceed lot coverage requirements for the zoning district in which they are located. Building and equipment enclosures shall not exceed the height restrictions for the zoning district in which they are located. 5. Fencing and Buffering. a. Fencing. A chain link or solid wood fence, or masonry wall at least six feet in height (eight feet if razor or barbed wire is to be used) shall be constructed and maintained around the perimeter of the broadcast antenna support structure site. Climb-proof shields can be substituted for a fence or wall around the structure. Solid fences, at least six feet in height are required adjacent to residences and residentially zoned property. All AM broadcast antenna support structures must be surrounded by a suitable fence as required by FCC regulations. b. Landscaping adjacent to residential uses and/or residential zoning. For broadcast facilities located in a residential zoning district, adjacent to a residential use, or adjacent to a residentially zoned parcel, the following will be required: a continuous evergreen hedge at least four feet in height when planted, shall be planted and maintained around the perimeter of the antenna support structure outside of the required fencing and spaced close together 44 to provide a continuous visual screen. Shrubs shall a lso be planted and maintained around the guy anchors for visual screening purposes. AM Broadcast stations are exempt from this requirement due to overriding FCC regulations regarding vegetation in ground radial systems. A performance bond or letter of credit for one hundred fifty percent of the landscaping and fencing materials and labor costs shall be posted with the city to ensure the placement of required landscaping and fencing. c. Commercial Landscaping. Landscaping requirements shall not apply to b roadcast antenna support structures located in Agricultural-Open Space or approved broadcast antenna or tower farms. d. Exceptions for Laurel Airport. If federal safety and security standards prevent a broadcast antenna support structure from being fenced or landscaped, items (5)(a) and (5)(b) of this subsection will not apply. Documentation of these standards must be submitted with the special review applications. 6. Lighting. Broadcast antenna support structures shall not be artificially lighted unles s required by the FAA or other local, state, or federal agency. Security lighting may be placed on a support structure no higher than twenty feet above ground. Cut-off security lights must be used in or adjacent to residential areas to prevent light spillage onto adjacent property. 7. Signage. Signage shall be limited to non-illuminated warning and equipment identification signs unless otherwise required by the FAA and/or FCC. 8. Maintenance. a. Equipment at a broadcast facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street. b. All property used for the siting of a broadcast antenna support structure or antenna shall be maintained, without expense to the city and/or county, so as to be safe, orderly, attractive, and in conformity with city and/or county codes including those regarding the removal of weeds, trash and landscape maintenance. 9. Visual impact/aesthetics. a. Broadcast antenna support structures shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable local, state, or federal agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness. b. If a broadcast antenna is installed on a structure other than a tower, the associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the related equipment as visually unobtrusive as possible. Broadcast antennae and antenna support structures may be mounted on existing buildings that are thirty feet or more in height above the street grade. c. Roof-mounted antennae and antenna support structures shall not add more than twenty feet to the total height of the building on which they are mounted. Roof-mounted equipment shall be made visually unobtrusive to match existing air conditioning units, stair, elevator towers or other background. Crow's nest antennae arrays are prohibited on rooftop structures. d. Broadcast antenna or antenna support structures attached to new or existing structures shall be designed to blend with the structure's architecture and should be placed directly above, below or incorporated with vertical design elements of a structure. G. Nonconforming broadcast facilities. 45 Broadcast facilities in existence on the date of the adoption of this chapter, that do not comply with the requirements of this chapter, are subject to the following provisions: 1. Nonconforming broadcast facilities may continue their present use, but may not be expanded without complying with these regulations, except as further provided in this section. 2. Nonconforming broadcast antenna support structures which are hereafter damaged and destroyed, by less than fifty percent of its replacement value, due to any reason or cause may be repaired and restored to their former use, location, and physical dimen sions subject to obtaining a building permit and other necessary approvals thereof, but without otherwise complying with these regulations. If a broadcast antenna support structure is destroyed or damaged by fifty percent or more of its replacement the broadcast antenna support structure must be brought into compliance with these regulations. 3. The owner of any nonconforming broadcast antenna support structure may make minor modifications in order to improve the structural integrity of the structure, to allow the structure to accommodate co-located antennae, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of these regulations. H. Modifications of Existing or Broadcast Facilities That Meet the Requirements of These Regulations. 1. Minor Modifications. Minor modifications to facilities permitted under these regulations shall be approved by the city-county planning board so long as they comply with the original approved design. Minor modifications are as follows: a. The addition of one or more antenna arrays to any existing antenna support structure, so long as the addition of the antenna arrays add no more than twenty feet in height to the facility and the increase in height of the support structure is no greater than ten percent. b. Placement of additional antennae, up to the number the antenna support structure was originally designed to accommodate, shall be considered a minor modification. c. Repairs to or replacement of existing antennae or feedlines or support members (such as guy wires) are not considered modifications under this part. 2. Major Modifications. Major modifications to antenna support structures permitted under these regulations shall be approved through a special review. Major modifications are any that exceed the definition of minor modifications. I. Abandonment. Broadcast facilities will be considered abandoned if they are unused by all providers at the facility for a period of six months. Determination of abandonment shall be made by the city-county planning board which shall have the right to request documentation from the facility owner regarding support or antenna usage. Upon abandonment, the facility owner shall have ninety days to : 1. Re-use the facility or transfer it to another owner who will re-use it; or 2. Dismantle the facility. If the facility is not removed within ninety days of abandonment, the city and/or county may remove the facility at the facility and/or property owner's expense. If the facility is removed, city and/or county approval of the facility will expire. If the facility owner is unable to remove the facility within the ninety days due to unusual circumstances, the city -county planning board may grant the facility owner an additional ninety days in which to comply with the requirements of this section. J. Special Review Submittal requirements. The applicant of new broadcast facilities shall provide the following documentation for review by the city-county planning board: 1. A map to scale showing the service area of the proposed broadcast facility; 2. A site/landscaping plan showing the following items: a. North arrow. 46 b. The location and dimensions of all vehicular points of ingress and egress, dri ves, alleys and streets. c. Property boundaries and lot line dimensions. d. The locations and dimensions of all existing and proposed buildings, structures, and improvements including those that will be removed. All information must be labeled. e. Setbacks from all property boundaries for existing and proposed structures and buildings. f. Centerline and names of major and minor arterial streets relevant to the application. g. Elevation drawing of proposed broadcast facility including the antenna s upport structure, antenna platforms and associated equipment enclosures. h. Latitude, longitude and height of proposed antenna support structures. i. Location of artificial light sources and the areas of illumination. j. Applications for tower farms shall include items a through h and a general overall development plan showing the location of future structures and equipment enclosures. k. Detailed landscaping plan of the site when applicable. 1. Other pertinent features as determined by the city. 3. Area map showing adjoining property boundaries and the location of existing buildings within a distance equal to the required setbacks as set forth in subsection (F)(3) of this section. 4. Documentation of minimum light requirements from the FAA or other local state or federal agency for the antenna support structure and/or antennae. Where applicable, applicant will provide documentation of the FAA airspace review and a copy of the comments provided by the FAA. Where an application has been filed with the FAA for the services proposed and decision on minimum light requirements by the FAA is still pending, submittal of a copy of the proposed application shall be sufficient to meet the requirements of the is paragraph. 5. When the applicant is a land mobile radio service provider, or a radio or television broadcaster, proof must be provided that the applicant is licensed by the FCC to provide the services that the proposed facility is designed to support or the applicant must prove the necessary application have been filed with the FCC and/or FAA for the services proposed, together with proof all filing fees have been paid. K. Special review uses. 1. A request for a special review shall be initiated by application to the city-county planning board and handled in accordance with the special review procedure provided in Section 17.68 of this code. The city of Laurel may issue special review approval under these sections provided they have determined that the requirements of these regulations have been satisfied. 2. In granting special review approval, the city council may impose additional conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed broadcast facilities on surrounding properties. 3. Expiration of Special Review Approval. a. If located within the one-mile zoning jurisdictional area of Laurel, construction of the facility must be completed within one year of special review approval. Within the city limi ts, a building permit must be applied for within six months of a special review approval and the project shall be completed within one year from the date the special review is granted by the city council. For the purpose of these regulations, the term stan dard of construction shall be defined as the installation of a permanent foundation for the antenna support structure. The city council may grant one six month extensions of the period to start construction upon written request by the applicant. 47 b. The city council shall not approve an extension unless the development plan is brought into conformance with any relevant zoning regulations that have been amended subsequent to the original approval and unless the applicant provides adequate evidence that construction is able to begin within the time period sought. This evidence shall include, but not be limited to, the acquisition of any or all required government approvals and project financing, the city council may as a condition of approval of a special rev iew establish the period of time such special review may remain in effect. c. Small increases in the height of existing antenna support structures approved by special review may be approved by the city-county planning board on an administrative basis provided that the increase in the height of the antenna support structure is ten percent or less. d. Special review approvals for broadcast antenna or tower farms shall not expire until such time as all facilities within the boundaries of the antenna or tow er farm have been abandoned. L. Appeals. Appeals from any decision of the city-county planning department, not requiring city council approval, may be taken by any person aggrieved by the decision to board of adjustment or to the city council pursuant to Section 17.64 of this code. M. Nuisances. Wireless communication facilities, including without limitation, power source, ventilation, and cooling, shall not be maintained or operated in such a manner as to be a nuisance. (01-2 (part), 2001) 48 Chapter 17.68 - SPECIAL REVIEW PROCEDURE Sections: 17.68.010 - Purpose of provisions. Although each zoning district is primarily intended for a predominant type of use, there are a number of uses which may or may not be appropriate in a particular district depending upon all the circumstances of the individual case. For example, the location, nature of the proposed use, the character of the surrounding development, traffic capacities of adjacent streets, and potential environmental effects, all may indicate that the circumstances of the development should be individually reviewed. It is the intent of this section to provide a system of review of such uses so that the community is assured that the uses are compatible with their locations and with surrounding land uses, and will further the purpose of this title and the objectives of the Laurel comprehensive planning process. (Prior code § 17.88.010) 17.68.020 - Application requirements. An application for a special review may be filed by the property owner, contract purchaser, or his authorized agent. The application shall be filed with the zoning commission secretary and shall be submitted under the following conditions: A. The application shall include, but not be limited to the following information: 1. A legal and general description of the tract(s) upon the special review use is sought; 2. A map showing the dimensions, acreage and location of the tract(s); 3. The name and addresses of the owner(s) of the tract(s) and their agents, if any and the names and addresses of property owners of record within three hundred feet of the property for which a special review has been requested; such list of property owners shall be so certified by the county clerk and recorder's office; 4. A site plan showing major details of the proposed development including but not limited to, the location of proposed and existing buildings and structures; off-street parking and loading; service and refuse areas; means of ingress and egress; landscaping; screening; signs and open space areas; 5. A time schedule for development; 6. Any other information the applicant believes will support his request. B. An application for a special review shall be made on or before five p.m. of the first day of the month preceding the date of the public hearing before the zoning commission. When the date of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m. (Ord. 94-15, 1994; prior code § 17.88.020) 17.68.030 - Evaluation responsibility—Consultation—Notification. The planning director, upon receiving an application for a special review of an area or a particular place of property shall do the following: 49 A. Consult with other departments of the city or county to fully evaluate the impact of any special review upon public facilities and services including, but not limited to schools, drainage, traffic and related facilities; B. Study each application with reference to its appropriateness and effect on existing and proposed land use, and references to the comprehensive plan; C. Advertise twice in a newspaper of general circulation in the jurisdictional of the Laurel- Yellowstone city-county planning board at least fifteen days in advance of the time and place of the public hearing; D. Notify, by mail, the applicant or his authorized agent at least five days prior to the date of the public hearing of the time and place of such hearing; E. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the property subject to the special review of the time, date, place of the public hearing and the existing and proposed classification. Further, he may notify property owners within a radius of more than three hundred feet if he determines that the proposed use of the property would have a substantial environmental impact on surrounding land uses; F. After the public hearing and as part of the public record, the planning director shall report his findings, conclusions and recommendations to the zoning commission. (Ord. 94-16, 1994; prior code § 17.88.030) 17.68.040 - Zoning commission action. A. After presentation to the zoning commission of the request for special review by the applicant, the zoning commission shall make a recommendation to the city council to: 1. Grant the application for special review; 2. Deny the application; 3. Delay action on the application for a period not to exceed thirty days; or 4. Grant the application subject to conditions and recommendations and give the reasons therefor. B. Before approving a special review use, the zoning commission shall find that the contemplated use(s): 1. Complies with all requirements of this section; 2. Is consistent with the objectives and purposes of this title and the Laurel comprehensive planning process; 3. Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects; 4. Further the zoning commission shall consider and may impose modifications or conditions concerning, but not limited to the following: a. Street and road capacity, b. Ingress and egress to adjoining streets, c. Off-street parking, d. Fencing, screening and landscaping, e. Building bulk and location, f. Usable open space, g. Signs and lighting, h. Noise, vibration, air pollution and similar environmental influences. (Ord. 94-17, 1994; Ord. 953, 1989; prior code § 17.88.040) 50 17.68.050 - City council action. A. Before taking action on an application for special review, and after presentation of the zoning commission's report, the city council may hold a public hearing on the application. B. The zoning commission may recommend to the council whether to hold a public hearing or not. In the event the city council holds its own public hearing on the application, then the recommendations of the zoning commission and the notice of public hearing before the city council shall both be published twice in the newspaper of general circulation in the jurisdictional area of the Laurel-Yellowstone city- county planning board with the first publication being at least fifteen days prior to the hearing. (Ord. 94-18, 1994; prior code § 17.88.050) 51 File Attachments for Item: 4. Resolution - Resolution Of Intent To Approve The Application For Bitterroot Grove Townhomes, A Sixty Unit Planned Unit Development As An Addition To The City Of Laurel With Changes. 52 R21-__ Conditional Approval for PUD Application for the Bitterroot Grove Townhomes RESOLUTION NO. R21-____ RESOLUTION OF INTENT TO APPROVE THE APPLICATION FOR BITTERROOT GROVE TOWNHOMES, A SIXTY UNIT PLANNED UNIT DEVELOPMENT AS AN ADDITION TO THE CITY OF LAUREL WITH CHANGES. WHEREAS, the Planned Unit Development Application (“PUD”) was submitted to the City of Laurel by an agent for the property owner (“Petitioner”) of Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision, seeking approval for the Development Application to include annexation to the City of Laurel, zoning, and a variance to lot size; and WHEREAS, Petitioner constitutes the owner of the entire property which is subject to the application submitted to the City for approval; and WHEREAS, the Laurel City-County Planning Board reviewed the Planned Unit Development Application, at a duly advertised public hearing that was held on May 19, 2021 and a second subsequent public hearing on August 18, 2021; and WHEREAS, the Laurel City-County Planning Board heard testimony from Petitioner and his Agents who spoke as proponents of the requests and testimony from individuals who resided near the proposed development area; and WHEREAS, based on the evidence and testimony provided at the two public hearings the Laurel City-County Planning Board approved a motion to recommend the approval of the PUD application to the Laurel City Council with the following recommended changes: 1. The Property shall be cleared of personal property, debris, and refuse prior to final approval of the PUD and Variance application. 2. A landscaping and maintenance plan shall be submitted to and approved by the City after it finds the plan sufficient enough to ensure the development does not operate or become a nuisance. 3. The proposed Water system shall be approved by the contracted city engineer, KLJ Inc. and the Laurel Department of Public Works. 4. The proposed Wastewater system shall be approved by the contracted city engineer, KLJ Inc. and the Laurel Department of Public Works. 5. The proposed Stormwater system shall be approved by the contract city engineer, KLJ Inc. and the Laurel Department of Public Works. 6. Weed Management Plan shall be completed and approved by the Yellowstone County Weed District. 7. The alleyways within Blocks 6 and 7 of the Nutting Brothers Subdivision shall be abandoned via a petition to abandon. 8. Utility access easement documents shall be filed for the abandoned portions of Blocks 6 and 7 of the Nutting Brothers Subdivision. 9. A survey shall be filed aggregating the lots within Blocks 6 and 7 of the Nutting Brothers Subdivision. 53 R21-__ Conditional Approval for PUD Application for the Bitterroot Grove Townhomes 10. Details on the legal description of the lots in the northwest corner of Block 6, Nutting Brothers Subdivision, shall be provided to the City in order to determine the scope of project. WHEREAS, the City Council held a public hearing on July 13, 2021 on the proposed PUD application as well as the annexation and variance requests submitted by the Petitioner and sent the proposed development back to the Planning Board for further proceedings and work; and WHEREAS, the City Council held a subsequent public hearing on September 14, 2021 in which it gathered public comment regarding the application and based upon the documents contained in the City’s File, and testimony and evidence submitted during the public hearings, the City Council has determined it is in the City’s best interest to consider the approval of the Petitioner’s application subject to the changes and findings contained staff report dated August 25, 2021 being completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Laurel hereby approves the Resolution of Intent to adopt the Bitterroot Grove Townhomes Planned Unit Development subject to the changes and conditions herein, 1. Petitioner’s application for the Planned Unit Development known as the Bitterroot Grove Townhomes is under consideration of approval, subject to the changes contained in the Staff Report dated August 25, 2021, and findings specified herein being completed. 2. The City Council hereby adopts the changes, findings, and recommendations contained in the Staff Report dated August 25, 2021, as its findings and recommendations for future approval. 3. The City Council’s intention to approve is specifically conditioned on the satisfactory completion of the changes, findings, and recommendations adopted herein. 4. Pursuant to City Ordinance, the City shall record this resolution, the development plan and any other associated agreements or documents with the Yellowstone Count Clerk and Recorder upon future approval. Introduced at a regular meeting of the City Council on September 14, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 14th day of September 2021 APPROVED by the Mayor this 14th day of September 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor 54 R21-__ Conditional Approval for PUD Application for the Bitterroot Grove Townhomes ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 55 1 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT & FINDINGS OF FACT TO: Laurel City-County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Planned Unit Development – Bitterroot Grove Townhomes DATE: August 25, 2021 N/LOCATION: DESCRIPTION OF REQUEST A Planned Unit Development (PUD) application and supplemental was submitted by Forrest Mandeville of Forrest Mandeville Consulting and Engineering West on behalf of Darrel Dyer for the parcels at 1304 E. 8th Street, between Fir and Juniper Avenues. The Applicant has proposed the Bitterroot Grove Townhomes, a 60-unit Planned Unit Development with age-restricted units for those 55 and older. This PUD application also includes a request for annexation and a variance. The Application contains all the necessary components of the PUD, Variance, and Annexation applications. The property is currently owned by Elvira and James Cotter, with purchasing agreements in place. The property currently has a great deal of personal property, debris, and materials on site and is an overgrown state. The Planning Board shall consider the Annexation and zoning of the parcels in question, as well as the preliminary plan approval of the PUD application with the related variance for p roject size. Owner: James Cotter, Elvira Cotter (Under Contract for sale) Legal Description: NUTTING BROS SUBD, S10, T02 S, R24 E, BLOCK 6, Lots 1 - 12, BLOCK 6, Lots 1 - 12 Subdivision size: 4.68 Acres Existing Land Use: Residential, Vacant Proposed Land Use: Residential Planned Unit Development /LOCATION: BACKGROUND AND PROCEDURAL HISTORY 1. A pre-application meeting for the Planned Unit Development took place on June 23, 2020 between the Applicant, their engineers, and City Staff. 56 2 2. The Application for the Planned Unit Development, Annexation, and Variance and their supporting documentation was submitted on March 15, 2021. 3. The City Staff Design Conference took place on April 27, 2021. 4. The Planning Director transmitted a letter of findings to the Applicant and their developer on May 7, 2021. 5. The Applicant and their developer resubmitted documents to the Planning Department on May 17, 2021. 6. The Planning Board held a public hearing on the proposed Planned Unit Development, Annexation, and Variance applications on May 19, 2021. 7. The Planning Director worked with the Applicant and their contractor to update the Annexation Agreement and HOA Bylaws as discussed at the May 19th meeting. 8. The Planning Board has scheduled a second public hearing on the proposed Planned Unit Development, Annexation, and Variance applications for June 16, 2021. 9. The Planning Board lacked a quorum at the scheduled public hearing on June 16, 2021. 10. The Planning Director forwarded the materials and documentation for the Bitterroot Grove Townhomes Annexation, Variance, and Planned Unit Development to the City Council on June 25, 2021. 11. The City Council held a public hearing on the Planned Unit Development, Annexation, and Variance applications on July 13, 2021 12. The City Council decided that the information provided was insufficient to approve the application and returned it to Planning Board for further review. 13. August 18, 2021 – Public Hearing Held for Planned Unit Development at Planning Board. Planning Board Members recommended the approval of annexation and preliminary approval of the Bitterroot Grove Townhomes Planned Unit Development with the stated conditions of approval. 14. September 14, 2021 – Laurel City Council shall hold a public hearing on the applications for Annexation and Zone Change, Planned Unit Development, and Variance. STAFF FINDINGS 1. The Application for PUD, Annexation, and Variance contain all the necessary items. 2. Annexation has been requested to hook the property into the municipal water and wastewater system, as well as garbage pick-up. 3. A variance has been sought for the minimum size requirements of a Planned Unit Development stated in the Laurel Municipal Code. a. Laurel Municipal Code requires a minimum of 5 acres for a PUD b. The proposed PUD is 4.68 acres. 4. The Applicant has proposed private interior streets with gated entrances. 5. Gated entrances shall be accessible by all Laurel EMS, Fire, and Police departments, as well as code enforcement and public works where necessary. 6. The Applicant has proposed private internal water and sewer connections. 7. The Applicant has proposed a water meter building, to manage the interior water system of the development. 57 3 8. The proposed project would improve a largely vacant, blighted lot with a dense residential development. 9. The application includes bylaws for a townhouse association to manage the property. 10. The subsequent submittal of documents on May 17 included a landscaping plan and weed management plan. 11. An Annexation Agreement was provided with the application which specifies adjacent public improvements, development standards, and other requirements for annexation into the City of Laurel. 12. Updated site plans were submitted to the City detailing the water and sewer lines to be installed. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA LMC 17.32.020 – Review and Approval, Part D states: “Within thirty days after the design conference, the application shall be reviewed by the city- county planning board and recommendations cased on the comments from the design conference and the criteria contained in the subdivision regulations shall be forwarded to the zoning commission. The comments from the design conference shall be forwarded to the planning board, zoning commission and developer within five working days after the conference.” RECOMMENDATIONS The Planning Director recommends approval for the Annexation and Zone Change to PUD – 1 Planned Unit Development 1 with the following conditions. 1. The property and adjacent rights-of-way shall be cleared of personal property, debris, and refuse within 90-days of annexation approval. 2. The Annexation Agreement, Waiver of Right to Protest, and the City Council Resolution approving annexation shall be filed with the Yellowstone County Clerk & Recorder within 90-days of annexation approval. 3. All construction and installation of public improvements must be completed within two years of annexation. 4. If the public improvements are not constructed at the time of annexation, the property owner shall provide the city a bond or letter of credit that equals 125% of the estimated engineering costs for the construction of improvements. If the property owner fails to construct the improvements or to obtain the agreed upon engineering, the city shall utilize the bond or letter of credit to pay for the construction, including e ngineering; In accordance with GASB-34, the Developer of Landowner shall provide the city the total cost and/or value of the improvements including, but not limited to, parks, sidewalks, curb and gutter, lift stations, and sewer and water lines, that are conveyed to the city. The Planning Director recommends that Planning Board grant preliminary approval to the Planned Unit Development plan and variance with the following conditions: 58 4 1. The Property shall be cleared of personal property, debris, and refuse prior to final approval of the PUD and Variance application. 2. A landscaping and maintenance plan shall be submitted to and approved by the City after it finds the plan sufficient enough to ensure the development does not operate or become a nuisance. 3. The proposed Water system shall be approved by the contracted city engineer, KLJ Inc. and the Laurel Department of Public Works. 4. The proposed Wastewater system shall be approved by the contracted city engineer, KLJ Inc. and the Laurel Department of Public Works. 5. The proposed Stormwater system shall be approved by the contract city engineer, KLJ Inc. and the Laurel Department of Public Works. 6. Weed Management Plan shall be completed and approved by the Yellowstone County Weed District. 7. The alleyways within Blocks 6 and 7 of the Nutting Brothers Subdivision shall be abandoned via a petition to abandon. 8. Utility access easement documents shall be filed for the abandoned portions of Blocks 6 and 7 of the Nutting Brothers Subdivision. 9. A survey shall be filed aggregating the lots within Blocks 6 and 7 of the Nutting Brothers Subdivision. 10. Details on the legal description of the lots in the northwest corner of Block 6, Nutting Brothers Subdivision, shall be provided to the City in order to determine the scope of project. ATTACHMENTS 1. PUD Written Statement 2. Annexation Application 3. Annexation Agreement (updated) 4. Waiver of Right to Protest (updated) 5. Variance Application and Request Letter 6. PUD Layout/Design 7. PUD Landscaping Plan 8. Bylaws of Bitterroot Grove Townhomes Association (updated) 9. Images of proposed townhome design 10. Planner Letter to the Applicant (dated 5/17/2021) 11. Comments from Ryan Welsh, Engineer at KLJ, on proposed Water/Sewer expansion (dated June 8, 2021) 59 DA-1 Return to: Darrell Dyer PO Box 908 Laurel, MT 59044 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this _____ day of __________, 20 , by and between BITTERROOT GROVE, LLC, PO BOX 908, LAUREL, MT 59044, hereinafter referred to as “DEVELOPER," and the CITY OF LAUREL, MONTANA, a municipal corporation, c/o City Hall, 115 West 1st Street, Laurel, Montana, 59044, hereinafter referred to as the “CITY.” WHEREAS, DEVELOPER is the owner of certain real property situated in Yellowstone County, Montana, more particularly described as follows: Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and abandoned potion of Hazel Avenue between Blocks 6 and 7; according to the official plat on file and of record in the office of the Clerk and Recorder of said County, hereinafter referred to as “Developer Tracts” as well as all adjacent public right-of-way. WHEREAS, DEVELOPER has submitted to the City a Petition for Annexation to the City for Developer Tracts; and WHEREAS, DEVELOPER desires to annex Developer Tracts to the City; and WHEREAS, CITY has approved the Petition for Annexation by Resolution No. for the Developer Tracts contingent that a Development Agreement be executed between CITY and DEVELOPER to identify required off-site infrastructure improvements and guarantees of those improvements. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties do hereby agree as follows: 60 DA-2 1. Roads and Access. The Developer Tracts shall be accessible by private drives from Juniper Ave. and Fir Ave. Access will be controlled with gates, though EMS, fire, and law enforcement will have the necessary codes for access. DEVELOPER shall be responsible for the following improvements… 2. Sanitary Sewer. Developer Tracts shall be served by City of Laurel sewer lines located within undeveloped alleys in Blocks 6 and 7 of Nutting Bros. subdivision, and will comply with DEQ and City standards and requirements. 3. Water. Developer Tracts shall be served by City of Laurel water lines located within the Fir Ave. and Juniper Ave. rights-of-way, and the undeveloped 7th St. right-of-way, and will comply with DEQ and City standards and requirements. 4. Storm Drain. Developer Tract shall be served by the City of Laurel storm drainage system, pursuant to DEQ and City standards and requirements. 5. Right-of-Way. DEVELOPER shall expand Fir Ave and Juniper Ave with curb/gutter and sidewalk as part of this development. 6. Future Intersection Contributions. DEVELOPER shall be required to make cash-in-lieu contributions toward the improvement costs associated with the future intersection improvements, as outlined in an approved Traffic Impact Study (TIS) at the time of subsequent subdivision. 7. Zoning. Developer Tracts are part of a PUD reviewed and approved pursuant to Chapter 17.32 Laurel Municipal Code. 8. Other Public Improvements. For any other improvements not specifically listed in this Agreement, the CITY shall rely on the attached Waiver of Right to Protest the Creation of Special Improvement Districts filed concurrently herewith, to insure the installation of any or all remaining public improvements. Said improvements shall include, but not be limited to, street construction and paving, curb, gutter, sidewalks, storm drainage, and street lighting. The attached Waiver, waiving the right to protest the creation of one or more Special Improvement Districts, by this reference is expressly incorporated herein and part hereof. 8. Compliance. Nothing herein shall be deemed to exempt the Developer Tracts from compliance with any current or future City laws, rules, regulations, or policies that are applicable to the development, redevelopment, or use of the subject property. 61 DA-3 9. Runs with Land. The covenants, agreements, and all statements in this Agreement and in the incorporated and attached Waiver shall run with the land and shall be binding on the heirs, personal representatives, successors, and assigns of the respective parties. 10. Attorney’s Fees. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney fees and costs, including those fees and costs of in-house counsel. 11. Amendments and Modifications. Any amendments or modifications of this Agreement shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 62 DA-4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. “DEVELOPER” BITTERROOT GROVE, LLC By: Title: _______________________________ STATE OF MONTANA ) :ss County of Yellowstone ) On this ____ day of , 20___, before me, a Notary Public in and for the State of Montana, personally appeared _______________________, known to me to be the person who signed the foregoing instrument as_____________________ of BITTERROOT GROVE, LLC, and who acknowledged to me that said DEVELOPER executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: 63 DA-5 This Agreement is hereby approved and accepted by City of Laurel, this ___ day of , 20___. “CITY” CITY OF LAUREL, MONTANA By: Mayor Attest: City Clerk STATE OF MONTANA ) :ss County of Yellowstone ) On this _____ day of , 20___, before me, a Notary Public for the State of Montana, personally appeared __________________________________, and , known to me to be the Mayor and City Clerk, respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of the City of Laurel, Montana. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: Approved as to Form: City Attorney 64 WAIVER-1 Upon Recording Please Return to: City of Laurel P.O. Box 10 Laurel, Montana 59044 Waiver of Right to Protest FOR VALUABLE CONSIDERATION, the undersigned, being the owner and/or subdivider, in addition to all future owners of the hereinafter described real property, do hereby waive the right to protest the formation of one or more special improvement district(s) for the construction of streets, street widening, street maintenance, sidewalks, curb and gutter, sanitary sewer lines, water lines, storm water and drains (either within or outside the area), street lights, street light maintenance, parks and park maintenance, and other improvements incident to the above which the City of Laurel may require. This Waiver and Agreement is independent from all other agreements and is supported with sufficient independent consideration to which the undersigned are parties, and shall run with the land and shall be binding upon the undersigned, their successors and assigns, and the same shall be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana. Pursuant to MCA §76-3-608(7), this Waiver and Agreement shall expire 20 years after the final subdivision plat is recorded with the Yellowstone County Clerk and Recorder. The real property hereinabove mentioned is more particularly described as follows: NUTTING BROS. SUBDIVISION, BLOCK 6, LOTS 1-12, AND BLOCK 7, LOTS 1-12, AND ABANDONED POTION OF HAZEL AVENUE BETWEEN BLOCKS 6 AND 7 Signed and dated this _____ day of ________________, 20__. Subdivider/Owner 65 WAIVER-2 By: __________________________________ Its: __________________________________ STATE OF MONTANA ) : ss County of Yellowstone ) On this ____ day of _________________, 20__, before me, a Notary Public in and for the State of Montana, personally appeared ____________________________, known to me to be the _____________________ of BITTERROOT GROVE, LLC, the person who executed the forgoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEROF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. ________________________________________ Notary Public in and for the State of Montana Printed name:___________________________ Residing in ___________________, Montana My commission expires:___________________ 66 Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and abandoned portion of Hazel Avenue between Blocks 6 and 7 Darrell Dyer, Bitterroot Group, LLC 67 R21-50 Conditional Approval for PUD Application for the Bitterroot Grove Townhomes RESOLUTION NO. R21-50 RESOLUTION APPROVING THE APPLICATION FOR BITTERROOT GROVE TOWNHOMES, A SIXTY UNIT PLANNED UNIT DEVELOPMENT AS AN ADDITION TO THE CITY OF LAUREL. WHEREAS, the Planned Unit Development Application (“PUD”) was submitted to the City of Laurel by an agent for the property owner (“Petitioner”) of Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision, seeking approval for the Development Application to include annexation to the City of Laurel, zoning, and a variance to lot size; and WHEREAS, Petitioner constitutes the owner of the entire property which is subject to the application submitted to the City for approval; and WHEREAS, the Laurel City-County Planning Board reviewed the Planned Unit Development Application, at a duly advertised public hearing that was held on May 19, 2021; and WHEREAS, the Laurel City-County Planning Board heard testimony from Petitioner and his Agents who spoke as proponents of the requests and testimony from individuals who resided near the proposed development area; and WHEREAS, based on the evidence and testimony provided at the hearing the Laurel City-County Planning Board approved a motion to recommend the approval of the PUD application to the Laurel City Council with the eleven conditions recommended by Staff as contained in the Staff Report dated June 24, 2021; and WHEREAS, the City Council held a public hearing on July 13, 2021 on the proposed PUD application as well as the annexation and variance requests submitted by the Petitioner; and WHEREAS, whereas the City Council gathered public comment regarding the application and based upon the documents contained in the City’s File, and testimony and evidence submitted during the public hearing, the City Council has determined it is in the City’s best interest to conditionally approve Petitioner’s application subject to the eleven conditions contained in the Staff Report dated June 24, 2021; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 68 R21-50 Conditional Approval for PUD Application for the Bitterroot Grove Townhomes 1. Petitioner’s application for the Planned Unit Development known as the Bitterroot Grove Townhomes is hereby conditionally approved subject to the eleven recommendations contained in the Staff Report Dated June 24, 2021. 2. The City Council hereby adopts the findings and recommendations for approval contained in the Staff Report as its findings and recommendations for approval. 3. The City Council’s approval is specifically conditioned on the findings and recommendations adopted herein. Introduced at a regular meeting of the City Council on July 13, 2021, by Council Member Klose. PASSED and APPROVED by the City Council of the City of Laurel this 13th day of July 2021 APPROVED by the Mayor this 13th day of July 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Approved as to form: __________________________________ Sam Painter, Civil City Attorney 69 Darrell Dyer - Bitterroot Group, LLC PO Box 908, Laurel, MT 59044 Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and abandoned portion of Hazel Avenue between Blocks 6 and 7 4.68 acres Residential and vacant land 60 Unit Planned Unit Development Townhome Project R-200 Fir Ave (west side of site); Juniper Ave (east side); undeveloped 7th St right-of-way (south side) Undeveloped Alleys in Blocks 6 and 7, Nutting Bros. Subdivision $278,784 for water for entire PUD development Engineer Estimate Summer 2021 $201,603 for sewer for entire PUD development Engineer estimate 701-651-5572 60 Unit Planned Unit Development Townhome Project (Bitterroot Grove Townhomes) 70 Yes, 8th St. to the north, Fir Ave to the west, Juniper Ave to the east, undeveloped 7th St to the South 8th St (north side), Fir Ave (west side), Juniper Ave (east side Summer 2021 Privately Financed $218,156 for road improvements for entire PUD Development Engineer Estimate Summer 2021 Sidewalk improvements at estimated cost of $31,000 71 INSTRUCTIONS CITY-COUNTY PLANNING VARIANCE REQUEST These application instructions cover appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. This application form is supplied by the City and must be returned to the City. The following is a list of information required for submittal to be considered complete. 1. It is mandatory that you meet with the City Planner prior to applying. The City Planner will provide you with a map of the property owners within 300’ that you must have certified by a title company. 2. Provide a plot plan drawn to scale on paper not larger than 11”x17” which includes all existing and proposed structures and proposed variance measurements. 3. A set of three mailing labels for each surrounding property owner within the 300 feet. 4. A detailed justification referring to the Laurel Municipal Code Chapter 17.60.020. 5. Application, with fee ($550 for residential; $1,100 for commercial), must be made on or before the first day of the month prior to the month it will appear before the Laurel City-County Planning Board. The public hearing before the City-County Planning Board is held on the 3rd Wednesday of the month at 5:35PM. in the City Council Chambers at 115 W. 1st Street, Laurel. Applicant or Applicant Representative must be present at the meeting. The Laurel City-County Planning Board makes a recommendation to the City Council. The City Council will review the application at Council Workshop and then make a decision on the Council agenda. 72 Laurel Variance Request Application This application covers appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. The undersigned owner or agent of the owner of the following described property requests a variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of Montana. 1. Name of property owner:___________________________________________________ 2. Name of Applicant if different from above:_____________________________________ 3. Phone number of Applicant:_________________________________________________ 4. Street address and general location:__________________________________________ 5. Legal description of the property:_____________________________________________ 6. Current Zoning:_______________________ 7. Provide a copy of covenants or deed restrictions on property. I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of process, 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 request before the Planning Board and all of the information presented by me is true and correct to the best of my knowledge. Signature of Applicant: __________________________________________________________ Date of Submittal: _____________________________ Bitterroot Group, LLC (Darrell Dyer) Darrell Dyer South of 8th St, between Fir Ave and Juniper Ave. Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and abandoned portion of Hazel Avenue between Blocks 6 and 7 R-200. Annexation and PUD requested as well 73 BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 1 VARIANCE REQUEST AND JUSTIFICATION BITTERROOT GROVE TOWNHOMES PLANNED UNIT DEVELOPMENT DARRELL DYER NUTTING BROS. SUBDIVISION BLOCKS 6 & 7, PLUS ABANDONED PORTION OF HAZEL AVE. LAUREL, MONTANA MARCH 2021 74 BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 2 Summary The Bitterroot Group, LLC (Darrel Dyer), intends to create a 60-unit townhome development (Bitterroot Grove Townhomes) in Laurel, MT, on the south side of Eighth Street, between Fir Avenue and Juniper Ave. The development will utilize the Planned Unit Development (PUD) process, as outlined in the Laurel Municipal Code (LMC), Section 17.32. The property is currently outside of Laurel city limits, and annexation has been requested. The property was split by an undeveloped portion of Hazel Ave, but abandonment has been conditionally approved by Yellowstone County. As a condition of approval for the Hazel Ave. abandonment, the landowner will resurvey the property to aggregate the property, as shown on the site plan. Aerial of Site Variance Request Section 17.32.050(E) of the LMC requires PUDs have a minimum size of five acres. This request is to allow a variance to that requirement, allowing this 4.68-acre site to be reviewed as a PUD. The project area consists of two entire city blocks, plenty of area for a development of this type. The abandonment of Hazel Ave., as previously discussed, provides some more area, but to meet the five acre requirement, the alleys in Blocks 6 and 7 would have to be abandoned, as well as a portion of Seventh Street. There are existing utilities in these alleys and street rights of way, as well as a ditch 75 BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 3 easement in the street right of way. It is the desire of the landowner to keep these utility lines intact and operational, not only for existing users but for this development as well. It is understood that the City also prefers to not abandon the alleys or 7th St. Justification for Granting of the Variance The granting of this variance is necessary to allow this townhome PUD development to move forward under the criteria set forth in the LMC. Allowing this development to be approximately 1/3 of an acre smaller than the required PUD size is an insignificant reduction and allows this land to be developed in a desirable manner. The granting of this variance is special and peculiar to this property and this application. The landowner owns nearly enough property to meet the required size, and additional land acquisition would be undesirable due to the presence of City-owned utilities and streets. The basis for this variance request is not related to financial gain or loss of the landowner. This request simply allows for the PUD review process to be utilized for this development. The hardship was not created by the applicant. In fact, the landowner has taken steps, such as the abandonment of Hazel Ave., to come as close as possible to meeting the size requirement. This granting of this variance would be within the intent and purpose of the LMC, and would allow for an attractive development of the site. The granting of this variance will not adversely impact or injure others. It is limited to this property, which is completely surrounded by City streets and rights of way. Existing utilities and infrastructure will be utilized and expanded as a result of this development. 76 EXISTINGSHOPEXISTINGHOUSE 5 8 5 7 5 6 5 5 5 2 5 1 5 0 4 9 4 8 4 7 8 7 6 5 3334313230292827 2 6 2 5 2 4 2 3 2 2 2 1 2 0 1 9 1 8 1 7 1 6 1 5 1 4 1 3 1 2 1 1 1 0 9 2 0 ' W I D E U T I L I T Y E A S E M E N T 2 0 ' W I D E U T I L I T Y E A S E M E N T FIR AVE JUNIPER AVE E A S T E I G H T H S T R E E T EAST SEVEN T H S T R E E T HAZEL AVE 6 0 5 9 5 4 5 3 3 5 3 6 3 7 3 8 3 9 4 0 4 1 4 2 4 3 4 4 4 5 4 6 1 2 3 4 8'' EW8'' EW8'' EW8'' EW8'' EW8'' EW 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW8'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 8 ' ' E W 8 ' ' E W 6'' EW 6'' EW W EXISTING WELL100'W EXISTING IRRIGATION WELL PORCH LOT 115,179.08 SQ. FT.(0.348 AC.) L O T 2 ( P U D ) 4 . 3 3 5 A C . 1'' W1'' W1'' W LANDSCAPED LEGENDCHERRY TREELANDSCAPED GRASS P.O. BOX 194 PHONE 322-1116 /FAX 322-8514 COLUMBUS, MT 59019 WWW.ENGINEERING-WEST.COM ~ S H E E T ~ BITTERROOT GROVE TOWNHOMES 1 1 PLANNED UNIT DEVELOPMENT LANDSCAPE PLAN DRAWN BY: DATE: SCALE:CHECKED BY: CITY OF LAUREL, MONTANA TOWNSHIP:RANGE:SECTION: REVISION:REV. DATE: TW --1" = 30' 5/17/21 --/--/---- 2S 24E 10 7 7 Bitterroot Townhome PUD: Building Styles The buildings within the Bitterroot Townhome PUD Development will be similar to the following examples. The development will include a variety of building styles to offer the development a certain amount of “personality” and to avoid the “cookie-cutter” appearance of tract housing. 78 79 80 81 82 83 EXISTINGSHOPEXISTINGHOUSE 5 8 5 7 5 6 5 5 5 2 5 1 5 0 4 9 4 8 4 7 8 7 6 5 3334313230292827 2 6 2 5 2 4 2 3 2 2 2 1 2 0 1 9 1 8 1 7 1 6 1 5 1 4 1 3 1 2 1 1 1 0 9 2 0 ' W I D E U T I L I T Y E A S E M E N T 2 0 ' W I D E U T I L I T Y E A S E M E N T FIR AVE JUNIPER AVE E A S T E I G H T H S T R E E T EAST SEVEN T H S T R E E T HAZEL AVE 8 0 ' 8 0 ' 80' 8 0 ' 80' 8 0 ' 2 4 ' 24' 2 4 ' 2 4 ' 6 0 5 9 5 4 5 3 EXISTING DRIVEW A Y G A T E GATE 8 0 ' 3 5 3 6 3 7 3 8 3 9 4 0 4 1 4 2 4 3 4 4 4 5 4 6 1 2 3 4 P R I V A C Y F E N C E P R I V A C Y F E N C E PROPOSED PROPERTY BOUNDARYGARBAGE CONTAINERSW/ PRIVACY FENCE G A R B A G E C O N T A I N E R S W / P R I V A C Y F E N C E 8 ' W I D E A S P H A L T T R A I L 8 ' W I D E A S P H A L T T R A I L 8'' ES 8'' ES 8'' ES 8'' ES 8'' ES 8'' ES 8'' ES 8'' ES 8 ' ' E S 8 ' ' E S 8 ' ' E S 8 ' ' E S 8 ' ' E S 8 ' ' E S 8 ' ' E S 8 ' ' E S 8'' EW8'' EW8'' EW8'' EW8'' EW8'' EW 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8 ' ' E W 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW 8'' EW8'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 4'' EW 8 ' ' E W 8 ' ' E W 6'' EW 6'' EW 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8'' W 8'' W 8'' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8'' W8'' W8'' W8'' W8'' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8'' W8'' W8'' W8'' SS8'' SS 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S W EXISTING WELL100'W EXISTING IRRIGATION WELL PORCH LOT 115,179.08 SQ. FT.(0.348 AC.) L O T 2 ( P U D ) 4 . 3 3 5 A C . S E W E R S E R V I C E L I N E 20'20' SANITARY SEWER EASEMENT 1'' W1'' W1'' W WATER SERVICE LINEFIR AVEROAD EXPANSION (9,375 SQ. FT)CURB/GUTTER 288 LFSIDEWALK 292 LF J U N I P E R A V E R O A D E X P A N S I O N ( 6 , 6 9 3 S Q . F T ) C U R B / G U T T E R 2 5 1 L F S I D E W A L K 2 6 7 L F E A S T E I G H T H S T R E E T C U R B / G U T T E R 6 8 0 L F S I D E W A L K 6 8 0 L F 0+001+00 2 + 0 0 3 + 0 0 4 + 0 0 5 + 0 0 6 + 0 0 6 + 1 5 0+00 1 + 0 0 2 + 0 0 3 + 0 0 4 + 0 0 5 + 0 0 5 + 0 2 0+00 1+00 2+00 3+00 4+00 4+45 0+00 1+00 2+00 3+00 4+00 4+38 R E T E N T I O N P O N D N O . 5 V O L U M E = 3 , 4 6 7 C F R E T E N T I O N P O N D N O . 1 V O L U M E = 2 , 9 2 9 C F R E T E N T I O N P O N D N O . 2 V O L U M E = 4 , 8 8 9 C F RETENTION POND NO. 4VOLUME = 2,952 CF RETENTION POND NO. 3VOLUME = 1,384 CF G A T E P.O. BOX 194 PHONE 322-1116 /FAX 322-8514 COLUMBUS, MT 59019 WWW.ENGINEERING-WEST.COM ~ S H E E T ~ BITTERROOT GROVE TOWNHOMES 1 1 PLANNED UNIT DEVELOPMENT DRAWN BY: DATE: SCALE:CHECKED BY: CITY OF LAUREL, MONTANA TOWNSHIP:RANGE:SECTION: REVISION:REV. DATE: TW --1" = 30' 5/17/21 --/--/---- 2S 24E 10 OPEN SPACE (37% OF A R E A ) LANDSCAPED AREA : 1 . 4 2 A C . ( 6 1 , 8 0 2 S Q . F T ) PAVED WALKING TRAIL: 0 . 2 0 A C . ( 8 , 7 0 3 S Q . F T ) 8 4 8 5 8 6 8 7 8 8 8 9 9 0 9 1 9 2 9 3 9 4 9 5 9 6 9 7 9 8 9 9 1 0 0 1 0 1 1 0 2 File Attachments for Item: 5. Resolution - Resolution Of Annexation And Zoning For Nutting Brothers Subdivision, Block 6, Lots 1-12 And Block 7, Lots 1-12 And The Abandoned Portion Of Hazel Avenue Located Between Blocks 6 And 7, As An Addition To The City Of Laurel, Yellowstone County, Montana. 103 R21-__ Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD) RESOLUTION NO. R21-____ RESOLUTION OF ANNEXATION AND ZONING FOR NUTTING BROTHERS SUBDIVISION, BLOCK 6, LOTS 1-12 AND BLOCK 7, LOTS 1-12 AND THE ABANDONED PORTION OF HAZEL AVENUE LOCATED BETWEEN BLOCKS 6 AND 7, AS AN ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA. WHEREAS, a Planned Unit Development Application was submitted to the City of Laurel by the owner (“Petitioner”) of Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision, seeking approval for such Development Application and annexation to the City of Laurel with zoning as provided by the Laurel Municipal Code; and WHEREAS, Petitioner constitutes the owner of the entire property proposed to be annexed, as described below; and WHEREAS, the Laurel City-County Planning Board reviewed the Planned Unit Development Application, including the request for Annexation and request for a variance from the minimum lot size requirement at a duly advertised public hearing that was held on May 19, 2021 and a subsequent public hearing that was held on August 18, 2021; and WHEREAS, the Laurel City-County Planning Board heard testimony from Petitioner and his Agents who spoke as proponents of the requests and testimony from individuals who resided near the proposed annexation area; and WHEREAS, based on the evidence and testimony provided at the hearing the Laurel City-County Planning Board approved a motion to recommend a conditional approval of annexation, zoning, and the requested variance to the Laurel City Council; and WHEREAS, the City Council of the City of Laurel has determined that it is in the best interest of the City and the inhabitants thereof, and of Petitioner, that the following described territory be annexed to the corporate limits of the City of Laurel, with the zoning changed to Planned Unit Development 1 (PUD-1) upon annexation of the property and such annexation is conditioned as follows: 1. The property and adjacent rights-of-way shall be cleared of personal property, debris, and refuse within 90-days of annexation approval. 2. The Annexation Agreement, Waiver of Right to Protest, and the City Council Resolution approving annexation shall be filed with the Yellowstone County Clerk & Recorder within 90-days of annexation approval. 104 R21-__ Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD) 3. All construction and installation of public improvements must be completed within two years of annexation. 4. If the public improvements are not constructed at the time of annexation, the property owner shall provide the city a bond or letter of credit that equals 125% of the estimated engineering costs for the construction of improvements. If the property owner fails to construct the improvements or to obtain the agreed upon engineering, the city shall utilize the bond or letter of credit to pay for the construction, including engineering; In accordance with GASB-34, the Developer of Landowner shall provide the city the total cost and/or value of the improvements including, but not limited to, parks, sidewalks, curb and gutter, lift stations, and sewer and water lines, that are conveyed to the city. WHEREAS, Petitioner’s variance request appears in the City’s best interest since the requested variance a 5.0 acre minimum standard to 4.68 acre minimum is in the best interest of the City since the proposed development will create substantially needed housing out of land that is currently in a blighted state; and WHEREAS, annexation of the property is conditioned on the City Council’s approval of the Planned Unit Development Application and the satisfactory completion of all requirements and conditions imposed by the City Council; and WHEREAS, the annexation and City responsibility for providing service to the property shall become null and void upon the City’s denial of the Planned Unit Development Application or the Petitioner’s failure to comply with the conditions contained in this resolution and imposed by the City Council’s approval resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. Pursuant to MCA Section 7-2-Part 46 the incorporated boundaries of the City of Laurel shall be and the same hereby is extended and/or expanded to include the territory described in the application for annexation as additionally described below. 2. The owner of record of the territory annexed to the City of Laurel has executed an application seeking such annexation. 3. The following described territory is hereby annexed to the City of Laurel: Block 6, Lots 1-12, and Block 7, Lots 1-12, and abandoned Hazel Avenue, Nutting Brothers Subdivision according to the records on file and of record in the office of the Clerk and Recorder of Yellowstone County. 105 R21-__ Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD) 4. That upon annexation the zoning designation of the above-described property shall be PUD-1 as provided by City Ordinance. 5. The petitioner’s requested variance is hereby approved to allow a 4.68 acre size PUD rather than the standard 5.0 acre size as required by City Ordinance. 6. Petitioner shall provide a signed annexation agreement as a condition of annexation as provided herein. 7. This Resolution shall be incorporated into the official minutes of the City Council, and upon said incorporation, the City Clerk-Treasurer shall file a true and correct, certified copy of this Resolution and of said minutes with the Yellowstone County Clerk and Recorder. 8. From and after the date that the City Clerk-Treasurer files such certified copy of this Resolution and of the Council minutes in the office of the Yellowstone County Clerk and Recorder, this annexation of the above-described territory to the City of Laurel shall be deemed complete and final. 9. Annexation of the property is conditioned on the City Council’s approval of the Planned Unit Development Application and the satisfactory completion of all requirements and conditions imposed by the City Council with such approval; and 10. Annexation and the City’s responsibility for providing service to the property shall become null and void upon the City’s denial of the Planned Unit Development Application or the Petitioner’s failure to comply with the conditions contained in this resolution and imposed by the City Council’s PUD approval resolution. Introduced at a regular meeting of the City Council on ________________, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of_______________________, 2021 APPROVED by the Mayor this ____ day of __________ 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: 106 R21-__ Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD) _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 107 File Attachments for Item: 6. Resolution - A Resolution Of Annexation And Approval Of Zone Change For The Cherry Hills Subdivision, Third Filing, An Addition To The City Of Laurel, Subject To Conditions Imposed By The City 108 R21-___ Cherry Hills Subdivision 3rd Annexation and Zoning RESOLUTION NO. R21- A RESOLUTION OF ANNEXATION AND APPROVAL OF ZONE CHANGE FOR THE CHERRY HILLS SUBDIVISION, THIRD FILING, AN ADDITION TO THE CITY OF LAUREL, SUBJECT TO CONDITIONS IMPOSED BY THE CITY. WHEREAS, the property owner’s agent (“Petitioner”) submitted a Petition on the property owner’s behalf, seeking annexation to the City of Laurel and a zone change from Residential Tracts to R-7500 zoning as provided by the Laurel Municipal Code; and WHEREAS, Petitioner constitutes the owner of the entire property proposed to be annexed, as described below; and WHEREAS, the Laurel City-County Planning Board reviewed the Petition for Annexation and requested zone change along with documents provided by Petitioner and City Staff and held a duly advertised public hearing on August 18, 2021; and WHEREAS, the Laurel City-County Planning Board conducted the public hearing and gathered comments from proponents and opponents to the annexation and zoning requests; and WHEREAS, based on the evidence and testimony provided at the hearing the Laurel City-County Planning Board approved a recommendation to the City Council for approval of the annexation request as well as the requested zone change, subject to t he conditions contained in the Staff Report; and WHEREAS, the City Council scheduled and conducted a public hearing on the Petition on September 14, 2021 and allowed both proponents and opponents of the Petition to provided testimony and/or evidence into the record prior to their decision; and WHEREAS, based on the public hearing and all evidence presented and existing in the City File, the City Council of the City of Laurel has determined that it is in the best interest of the City and the inhabitants thereof, and of Petitioner, that the following described territory be annexed to the corporate limits of the City of Laurel, with the requested zone change, only if the conditions contained in the Staff Report dated August 25, 2021, attached hereto and incorporated herein, are satisfied by Petitioner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. Pursuant to MCA Section 7-2-Part 46 the incorporated boundaries of the City of Laurel shall be and the same hereby is extended and/or expanded to include the territory described in the petition for annexation as additionally described below. 2. The owner of record of the territory annexed to the City of Laurel has executed a petition seeking such annexation. 109 R21-___ Cherry Hills Subdivision 3rd Annexation and Zoning 3. The following described territory is hereby annexed to the City of Laurel: Cherry Hills Subdivision 3rd Filing, consisting of 9.37 acres of property further described as follows: S08, T02S, R24E, COS 3034, Parcel TR1, in N2(01), Yellowstone County, Montana. 4. That the requested zone change from Residential Tracts to R-7500 zoning for the above- described property is hereby approved. The Official Zoning Map for the City of Laurel shall be amended to reflect such change. 5. The Petitioner shall complete and satisfy all of the conditions contained in the Staff Report dated August 25, 2021, attached hereto and incorporated herein, before the annexation is finalized. 6. This Resolution shall be incorporated into the official minutes of the City Council, and upon said incorporation, the City Clerk-Treasurer shall file a true and correct, certified copy of this Resolution and of said minutes with the Yellowstone County Clerk and Recorder so long as the conditions of approval are satisfied. 7. From and after the date that the City Clerk-Treasurer files such certified copy of this Resolution and of the Council minutes in the office of the Yellowstone County Clerk and Recorder, this annexation of the above-described territory to the City of Laurel shall be deemed complete and final. Introduced at a regular meeting of the City Council on September 14, 2021, by Council Member _________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 14th day of September 2021. APPROVED BY THE MAYOR this 14th day of September 2021. _____________________________ Thomas A. Nelson, Mayor ATTEST: ________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 110 1 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Annexation and Preliminary Plat of the Cherry Hills Subdivision, 3rd Filing DATE: August 25, 2021 N/LOCATION: DESCRIPTION OF REQUEST Morrison-Maierle has submitted an annexation application and preliminary plat application for the Cherry Hills Subdivision, 3rd Filing on behalf of the property owner/developer. The proposed Cherry Hills Subdivision 3rd Filing is a 28-lot residential subdivision located on property west of Cherry Hills Drive and W. Maryland Lane in north-west Laurel. Approval of annexation and zone change would bring 9.37 acres of land into the City of Laurel and enable the proposed Cherry Hills Subdivision, 3rd Filing to connect to the City water, wastewater, and street system. Owner: Goldberg Investments LLP Legal Description: S08, T02 S, R24 E, C.O.S. 3034, PARCEL 1, IN N2 (01) Address: Approximately 1850 East 8th Street Parcel Size: 9.37 acres Existing Land Use: Agricultural, vacant. Proposed Land Use: Residential Subdivision Existing Zoning: Residential Tracts Proposed Zoning: Residential 7500 (R-7500) /LOCATION: BACKGROUND AND PROCEDURAL HISTORY • December 18, 2021 – Morrison-Maierle submit documents for annexation and subdivision pre-application meeting. • January 7, 2021 - Pre-Application meeting with Morrison-Maierle and City Staff • January 12, 2021 – Staff transmitted Pre-Application meeting summary letter to Morrison-Maierle staff. • May 25, 2021 – Cherry Hills Subdivision, 3rd Filing Annexation application and preliminary plat application submitted to the City. 111 2 • June 11, 2021 – Laurel Planning Department transmitted the Element Review letter to Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were present in the application. • July 8, 2021 – Laurel Planning Department transmitted the Sufficiency Review letter to Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were deemed sufficient to move the application forward. Certain comments were noted by the Planning Director from city various departments. • August 18, 2021 – A Public Hearing was held at Planning Board. The Planning Board recommended the approval of the Annexation and Preliminary plat approval of the Cherry hills Subdivision, 3rd filing with the presented staff conditions. • September 14, 2021 – Public hearing scheduled at City Council to review the annexation application and preliminary plat application to approve, conditionally approve, or deny the applications. STAFF FINDINGS 1. Applicant has submitted an application for annexation and preliminary plat containing all the necessary components needed for both to move forward. 2. Applicant has provided additional details of subdivision plans and documents where necessary. 3. Applicant has worked with multiple city departments to determine effectiveness of the proposed utilities for the property. 4. Applicant has provided updated documents whenever required by City departments. 5. City staff determined that the applications for annexation and preliminary plat were sufficient to move forward to Planning Board and City Council. 6. City staff have found only minor issues with the applications that require conditions of approval prior to the final plat approval stage. 7. The public noticing requirements of LMC 16.03.030 have been met. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA LMC Chapter 16.03.040 - Staff and Agency Review: A. Review Procedure Schedule. Upon receipt of a complete and sufficient major preliminary plat application, the planning director or designee shall schedule the plat before the city - county planning board. B. Submittal Distribution. Planning staff shall distribute the application to all affected city and county departments, local, state, and federal agencies, school districts and public utilities for review as appropriate and indicate the review timeframe. Failure of any agency to complete a review of a plat will not be the basis for denial of the plat by the AGB. C. Plat Review. The planner shall review the major subdivision plat submittal and make a staff report of issues, concerns, conditions, or recommendations and send out the list to the 112 3 planning board members with the agenda of the meeting at which the plat is to reviewed; a copy must also be sent to the subdivider or his representative. D. Hearing Notice. The planning board shall hold a public hearing on all major and applicable subsequent minor preliminary plat applications, placing a notice in a newspaper of general circulation in Laurel not less than fifteen days prior to the date of a public hearing. The planner shall also notify the subdivider and each property owner of record, and each purchaser under contract for deed of record of property immediately adjoining land included in the plat and located within three hundred feet of the proposed subdivision by certified mail not less than fifteen days prior to the date of hearing (MCA § 76 -3-605(3)). E. Planner's Report. The planner shall prepare a draft findings of fact (the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety as per MCA § 76-3-608(3)(a)) for review by the planning board. The planner shall also forward the recommendation of the planning board to the AGB including basis for such recommendation and its compliance with adopted Growth Management Plan, the Bike/Ped Plan, and other adopted city and county plans and policies in writing no later than ten days after the public hearing (MCA § 76-3-605(4)). F. Subsequent Hearing. Before acting on the subdivision application, the AGB shall determine whether, subsequent to the public h earing, new information has become available or information that the public has not had a reasonable opportunity to examine. If so, the AGB may act on the subdivision application in accordance with this chapter or schedule a subsequent public hearing for consideration of only the new information that may have an impact on the findings and conclusions that the AGB will rely upon in making its decision on the proposed subdivision. The AGB may chose to hold the subsequent public hearing or may direct the planning board to hold it. In either case, the subsequent public hearing shall be held at the next scheduled meeting for which proper notice for the public hearing on the subdivision application can be provided. If a subsequent hearing is held, the sixty- or eighty-day working day review period is suspended, and the new hearing must be noticed and held within forty-five days of the AGB's determination to hold a subsequent public hearing. The sixty- or eighty- working day review period will resume from the date of the subsequent public hearing. The governing body may not consider any information that is presented after the subsequent hearing (MCA § 76 -3-615). G. Subdivider's Preference. The AGB shall give due weight and consideration to the subdivider's expressed preferences if the AGB requires mitigation of significant adverse impacts (MCA § 76-3-608(5)(b)). In reviewing a subdivision and when requiring mitigation, the AGB may not unreasonably restrict a landowner's ability to develop land, but it is recognize d that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the plat (MCA §76-3-608(5)(a)). The AGB shall send the subdivider written notice of its decision and the reason therefore. (MCA § 76-3-608(4)). 113 4 RECOMMENDATIONS The Planning Director recommends approval for the Annexation and Zone Change of the proposed Cherry Hills Subdivision, 3rd Filing to Residential R-7500 with the following conditions. 1. The Annexation Agreement, Waiver of Right to Protest, and the City Council Resolution approving annexation shall be filed with the Yellowstone County Clerk & Recorder within 90-days of annexation approval. 2. All construction and installation of public improvements must conform to the standards of the Laurel Department of Public Works and Montana Public Works standards. 3. All construction and installation of public improvements must be completed within two years of annexation. 4. If the public improvements are not constructed at the time of annexation, the property owner shall provide the city a bond or letter of credit that equals 125% of the estimated engineering costs for the construction of improvements. If the property owner fails to construct the improvements or to obtain the agreed upon engineering, the city shall utilize the bond or letter of credit to pay for the construction, including engineering; In accordance with GASB-34, the Developer of Landowner shall provide the city the total cost and/or value of the improvements including, but not limited to, parks, sidewalks, curb and gutter, lift stations, and sewer and water lines, that are conveyed to the city. The Planning Director recommends that the Planning Board approve the preliminary plat for the Cherry Hills Subdivision 3rd Filing with the following conditions: 1. Preliminary Plat shall be updated with the comments noted in the Sufficiency letter dated July 8, 2021 prior to recording. 2. Subdivision Improvement Agreement shall be updated with the notes from the Sufficiency letter dated July 8, 2021, and the annotated SIA provided to the applicant prior to recording. 3. The Preliminary Plat and supporting water and wastewater design will be approved by Montana Department of Environmental Quality (MDEQ). 4. The Preliminary Plat, Subdivision Improvements Agreement, and City Council Resolution granting approval shall be filed with the Yellowstone County Clerk & Recorder within 90- days of preliminary plat approval. 5. The Roadways and Right-of-Ways shall be constructed to the specifications presented in the plat plan and supporting documentation. 6. This Preliminary Approval shall be valid for 3 calendar years. 7. Hydrant flow tests must be approved by the City an d its contracted engineer. 8. Verification must be provided to the City for the water modelling noted by the engineer in the field 9. Water model exhibits must be provided to and approved by the City showing the system characteristics and modeled properties compared to measured properties 10. Wastewater/Sewer analysis must be provided to and approved by the City. 114 5 11. A map of pre-developed stormwater conditions including the boundary, routing, and calculations must be provided to and approved by the City. 12. Water quality storm volumes and calculation sheets shall be provided to the City. 13. An Updated cost estimate for the Geotechnical report shall be provided to the City for verification. 14. The conditions of the Geotechnical report shall be followed during the construction o f the public infrastructure. 15. The Wetland delineation report dated March 2021 shall be provided to the city for verification with stated plans. 16. A Weed Management Plan shall be prepared for the project and approved by the Yellowstone County Weed District. ATTACHMENTS Annexation and Zone Change: 1. Annexation Application cover Letter 2. Annexation Application Form 3. Annexation Agreement 4. Waiver of Right to Protest Cherry Hills Subdivision, 3rd Filing: 1. Cover Sheet 2. Preliminary Plat Application 3. Adjacent Property owners list 4. Draft Subdivision Improvements Agreement 5. Environmental Assessment 6. Traffic Impact Study 7. Lot Layout 8. Geotechnical Report 9. Subdivision Bylaws 10. Homeowners Association Bylaw 11. ROW Easement documents 12. LMC 16.03 – Subdivision Review Procedures 13. LMC 16.04 – Development Requirements 14. Element Review letter - Cherry Hills Subdivision, 3rd Filing (June 11, 2021) 15. Sufficiency Review letter – Cherry Hills Subdivision, 3rd Filing (July 8, 2021) 16. KLJ. Inc Preliminary Plat Review Comments letter (July 6, 2021) 115 June 8, 2021 Nick Altonaga City Planner City of Laurel PO Box 10 115 West First Street Laurel, MT 59044-0010 Re: Cherry Hills Subdivision – 3rd Filing Annexation Application and Supporting Materials Dear Mr. Altonaga: Enclosed is an application for annexation for the proposed Cherry Hills Subdivision – 3rd Filing, located in the North ½ of Section 8, Township 2 South, Range 24 East, Yellowstone County, Montana as COS #3034. Please find the following information included with this letter for your review: • Draft Annexation Application Form • Review Fee of $534.25 • Draft Annexation Agreement • Draft Waiver of Right to Protest If you have any questions or comments about the project, please feel free to contact me at (406) 922-6734 or lhageman@m-m.net. Thank you. Sincerely, ______________________________ Lee Hageman, P.E. Land Development Engineer cc: Western Holdings, LLC MMI File 6683.001 116 DA-1 Return to: WESTERN HOLDINGS, LLC PO Box 51330 Billings, MT, 59105 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this _____ day of __________, 20______, by and between WESTERN HOLDINGS, LLC, PO BOX 51330, hereinafter referred to as “DEVELOPER," and the CITY OF LAUREL, MONTANA, a municipal corporation, c/o City Hall, 115 West 1st Street, Laurel, Montana, 59044, hereinafter referred to as the “CITY.” WHEREAS, DEVELOPER is the owner of certain real property situated in Yellowstone County, Montana, more particularly described as follows: CHERRY HILLS SUBDIVISION 3RD FILING - 9.37 ACRES OF CERTIFICATE OF SURVEY NO. 3034, A TRACT OF LAND LOCATED WITHIN NORTHEAST QUARTER NORTHWEST QUARTER (NE1/4 NW ¼) AND WITHIN NORTHWEST QUARTER NORTHEAST QUARTER (NW1/4 NE1/4) SECTION EIGHT (8), TOWNSHIP TWO SOUTH (T2S), RANGE TWENTY-FOUR EAST (R24E), PRINCIPAL MERIDIAN MONTANA, (P.M.M.), YELLOWSTONE COUNTY, MONTANA; according to the official plat on file and of record in the office of the Clerk and Recorder of said County, hereinafter referred to as “Developer Tracts” as well as all adjacent public right-of-way. WHEREAS, DEVELOPER has submitted to the City a Petition for Annexation to the City for Developer Tracts; and WHEREAS, DEVELOPER desires to annex Developer Tracts to the City; and WHEREAS, CITY has approved the Petition for Annexation by Resolution No._____________________ for the Developer Tracts contingent that a Development Agreement be executed between CITY and DEVELOPER to identify required off-site infrastructure improvements and guarantees of those improvements. 117 DA-2 NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties do hereby agree as follows: 1. Roads and Access. The Developer Tracts shall be accessible by extensions of Maryland Lane and Cherry Hills Drive. DEVELOPER shall be responsible for construction of street section including structural section, pavement, curb and gutter, and pedestrian facilities, and any required striping and signage. 2. Sanitary Sewer. Developer tracts shall be served an existing 8” PVC gravity sewer main currently installed in an existing 80-ft easement along the future extension of Maryland Lane. 3. Water. Developer tracts shall be served by an existing 12” PVC water main currently installed in an existing 80-ft easement along the future extension of Maryland Lane. 4. Storm Drain. Stormwater runoff shall be captured and conveyed using curb and gutter, curb inlets, storm drain piping, and treated using a proposed retention pond structure installed on a proposed utility lot. 5. Right-of-Way. Right-of-Way dedications shall be made for extensions of Cherry Hills Drive (60 feet) and Maryland Lane (80 feet), as well as new internal roads Michelle Drive (60 feet) and Rochelle Lane (60 feet). 6. Zoning. The development is proposed to be zoned Residential 7500, as per City of Laurel’s municipal code this zone “is intended to provide an area for medium, urban-density, single-family, residential environment on lots that are served by a public sewer and sewer system.” 7. Other Public Improvements. For any other improvements not specifically listed in this Agreement, the CITY shall rely on the attached Waiver of Right to Protest the Creation of Special Improvement Districts filed concurrently herewith, to insure the installation of any or all remaining public improvements. Said improvements shall include, but not be limited to, street construction and paving, curb, gutter, sidewalks, storm drainage, and street lighting. The attached Waiver, waiving the right to protest the creation of one or more Special Improvement Districts, by this reference is expressly incorporated herein and part hereof. 8. Compliance. Nothing herein shall be deemed to exempt the Developer Tracts from compliance with any current or future City laws, rules, regulations, or 118 DA-3 policies that are applicable to the development, redevelopment, or use of the subject property. 9. Runs with Land. The covenants, agreements, and all statements in this Agreement and in the incorporated and attached Waiver shall run with the land and shall be binding on the heirs, personal representatives, successors, and assigns of the respective parties. 10. Attorney’s Fees. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney fees and costs, including those fees and costs of in-house counsel. 11. Amendments and Modifications. Any amendments or modifications of this Agreement shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 119 DA-4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. “DEVELOPER” WESTERN HOLDINGS, LLC By: Title: _______________________________ STATE OF MONTANA ) :ss County of Yellowstone ) On this ____ day of , 20____, before me, a Notary Public in and for the State of Montana, personally appeared _______________________, known to me to be the person who signed the foregoing instrument as_____________________ of DEVELOPER, and who acknowledged to me that said DEVELOPER executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: 120 DA-5 This Agreement is hereby approved and accepted by City of Laurel, this ___ day of , 20___. “CITY” CITY OF LAUREL, MONTANA By: Mayor Attest: City Clerk STATE OF MONTANA ) :ss County of Yellowstone ) On this _____ day of , 20___, before me, a Notary Public for the State of Montana, personally appeared __________________________________, and , known to me to be the Mayor and City Clerk, respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of the City of Laurel, Montana. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: Approved as to Form: City Attorney 121 WAIVER-1 Upon Recording Please Return to: City of Laurel P.O. Box 10 Laurel, Montana 59044 Waiver of Right to Protest FOR VALUABLE CONSIDERATION, the undersigned, being the owner and/or subdivider, in addition to all future owners of the hereinafter described real property, do hereby waive the right to protest the formation of one or more special improvement district(s) for the construction of streets, street widening, street maintenance, sidewalks, curb and gutter, sanitary sewer lines, water lines, storm water and drains (either within or outside the area), street lights, street light maintenance, parks and park maintenance, and other improvements incident to the above which the City of Laurel may require. This Waiver and Agreement is independent from all other agreements and is supported with sufficient independent consideration to which the undersigned are parties, and shall run with the land and shall be binding upon the undersigned, their successors and assigns, and the same shall be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana. Pursuant to MCA §76-3-608(7), this Waiver and Agreement shall expire 20 years after the final subdivision plat is recorded with the Yellowstone County Clerk and Recorder. The real property hereinabove mentioned is more particularly described as follows: CHERRY HILLS SUBDIVISION 3RD FILING – 9.37 ACRES OF CERTIFICATE OF SURVEY NO. 3034, A TRACT OF LAND LOCATED WITHIN NORTHEAST QUARTER NORTHWEST QUARTER (NE1/4 NW ¼) AND WITHIN NORTHWEST QUARTER NORTHEAST QUARTER (NW1/4 NE1/4) SECTION EIGHT (8), TOWNSHIP TWO SOUTH (T2S), RANGE TWENTY-FOUR EAST (R24E), PRINCIPAL MERIDIAN MONTANA, (P.M.M.), YELLOWSTONE COUNTY, MONTANA 122 WAIVER-2 Signed and dated this _____ day of ________________, 20__. “SUBDIVIDER/OWNER” WESTERN HOLDINGS, LLC By: Title: _______________________________ STATE OF MONTANA ) : ss County of Yellowstone ) On this ____ day of _________________, 20____, before me, a Notary Public in and for the State of Montana, personally appeared ____________________________, known to me to be the _____________________ of WESTERN HOLDINGS, LLC, the person who executed the forgoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEROF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. ________________________________________ Notary Public in and for the State of Montana Printed name:___________________________ Residing in ___________________, Montana My commission expires:___________________ 123 SIA-1 Subdivision Improvements Agreement Cherry Hills Subdivision – 3rd Filing I. Variances (page #): II. Conditions that Run with the Land: III. Transportation: A. Streets B. Sidewalks C. Street Lighting D. Traffic Control Devices E. Access F. Heritage Trail Plan G. Public Transit IV. Emergency Services: V. Storm Drainage: VI. Utilities: A. Water B. Sanitary Sewer C. Power, Telephone, Gas, and Cable Television VII. Parks/Open Space: VIII. Irrigation: IX. Soils/Geotechnical Study: X. Phasing of Improvements: XI. Financial Guarantees: XII. Legal Provisions: DR A F T 124 SIA-1 This agreement is made and entered into this _______ day of ________, 20___, by and between WESTERN HOLDINGS, LLC (Subdivider), whose address for the purpose of this agreement is PO Box 51330, Billings, MT 59105, hereinafter referred to as "Subdivider," and the CITY OF LAUREL or COUNTY OF YELLOWSTONE, Montana, hereinafter referred to as "City/County." WITNESSETH: WHEREAS, at a regular meeting conducted on _______ day of ________, 20___, the City-County Planning Board recommended conditional approval of a preliminary plat of Cherry Hills Subdivision – 3rd Filing; and WHEREAS, at a regular meeting conducted on _______ day of ________, 20___, the City Council/County Commissioners conditionally approved a preliminary plat of Cherry Hills Subdivision – 3rd Filing; and WHEREAS, a Subdivision Improvements Agreement is required by the City/County prior to the approval of the final plat. WHEREAS, the provisions of this agreement shall be effective and applicable to Cherry Hills Subdivision – 3rd Filing upon the filing of the final plat thereof in the Office of the Clerk and Recorder of Yellowstone County, Montana. The Subdivision shall comply with all requirements of the City of Laurel Subdivision Regulations, the rules, regulations, policies, and resolutions of the City of Laurel, Yellowstone County, and the laws and administrative rules of the State of Montana. THEREFORE, THE PARTIES TO THIS AGREEMENT, for and in consideration of the mutual promises herein contained and for other good and valuable consideration, do hereby agree as follows: I. VARIANCES A. Subdivider has requested, and the City/County hereby grants, the following variances from the strict interpretation of these Subdivision Regulations: No variances were requested. II. CONDITIONS THAT RUN WITH THE LAND (Insert any applicable conditions in the provided A, B, C format. The following are typical conditions that run with the land, which may or may not be applicable to this subdivision): A. Lot owners will be required to construct that segment of the required sidewalk that fronts their property at the time of lot development. B. Lot owners should be aware that this subdivision is being built in close proximity to prime deer and antelope habitat and it is likely that homeowners will experience problems with damage to landscaped shrubs, flowers, and gardens. The Montana Fish, Wildlife, and DR A F T 125 SIA-2 Parks Department does not provide damage assistance unless there is damage to commercial crops and/or a threat to public health and safety. C. Lot owners should be aware that soil characteristics within the area of this subdivision, as described in the 1972 Yellowstone County Soil Survey, indicate that there could be potential limitations for proposed construction on the lots, which may require a geotechnical survey prior to construction. D. No water rights have been transferred to the lot owners. Irrigation ditches that exist on the perimeter of this development are for the benefit of other properties. Perimeter ditches and drains shall remain in place and shall not be altered by the Subdivider or subsequent owners. E. There is attached hereto a Waiver waiving the right to protest the creation of the special improvement district or districts, which by this reference is expressly incorporated herein and made as much a part hereof as though fully and completely set forth herein at this point. The Waiver will be filed with the plat, shall run with the land, and shall constitute the guarantee by the Subdivider and property owner or owners of the developments described herein. Said Waiver is effective upon filing and is not conditioned on the completion of the conditions set forth in this Agreement. The Subdivider and owner specifically agree that they are waiving valuable rights and do so voluntarily. III. TRANSPORTATION A. Streets (This section should include, but not be limited to the following): • Rights-of-way widths Right-of-Way dedications shall be made for extensions of Cherry Hills Drive (60 feet) and Maryland Lane (80 feet), as well as new internal roads Michelle Drive (60 feet) and Rochelle Lane (60 feet). • Pavement widths and surface types 33 feet edge of pavement to edge of pavement (37’ TBC to TBC) within 60-foot ROWs. 45 feet edge of pavement to edge of pavement (49’ TBC to TBC) within 80-foot ROWs • Curb and gutter design Streets include standard 2’ catch curb and gutters on each side of the road. Some valley gutters may be required. DR A F T 126 SIA-3 • Other required street improvements Two temporary cul-de-sacs will be constructed (within easements outside the subdivision) to provide adequate turnarounds for dead end streets of Cherry Hills Drive and Maryland Lane in accordance with City of Laurel regulations. B. Sidewalks • Types of required sidewalk A standard 5’ sidewalk is proposed on both sides of each street. • Location of required sidewalks Sidewalks will be located within the Rights of Way, and be located 1 feet offset from the Rights-of-Way extents. • Widths and surface Sidewalk widths are proposed to be 5 feet. • Other required sidewalk improvements None are anticipated. C. Street Lighting (Describe) • Location and types of lighting to be installed, if required Streetlights are not anticipated or proposed. D. Traffic Control Devices (Describe) • Location and type of proposed stop signs and/or signals Stop signs will be placed to control northbound and southbound traffic from Michelle Drive and Rochelle Lane onto Cherry Hills Drive and Maryland Lane. • Other required traffic control devices None are anticipated. E. Access • Location and widths of proposed accesses Lots shall include single accesses from Rights-of-way. DR A F T 127 SIA-4 • Restrictions on access Each lot shall be limited to a single access. • Other required access improvements None anticipated. F. Bike or Pedestrian Trail Plans (Include) • Statement of whether subdivision is within Plan West Maryland Lane appears to be a Primary Bikeway (on-street bikeway). The proposed 49’ TBC-TBC section for the extension of Maryland Lane should provide a bike route to provide separation between vehicles and bicyclist. • Location and type of proposed trail or trail connection Primary bikeway shall be on-street and should not require markings. • Ownership arrangement of trail corridor-easement or dedication Not applicable as this will be within dedicated Right of Way for Maryland Lane. • Other required trail improvement Not applicable. G. Public Transit (Describe) • Location and type of improvements required to ensure public transit service Not applicable. IV. EMERGENCY SERVICE (This section should include, but not be limited to the following): • Location and specifications for emergency access road including width, base and surface material, blockade, and required signage There are two accesses to the subdivision using Cherry Hills Drive (37’ TBC- TBC) and Maryland Lane (49’ TBC-TBC). These shall be paved roadways. Additionally, there will be temporary cul-de-sacs installed at the ends of each extension to provide adequate turnarounds for emergency vehicles. DR A F T 128 SIA-5 • Urban Wildland Interface Code requirements (required for highly wooded areas) Not applicable. V. STORM DRAINAGE All drainage improvements shall comply with the provisions of the Storm water Management Manual, and a storm water management plan shall be submitted to and approved by the MDEQ. (This section should include, but not be limited to the following): • Description and location of existing and proposed detention facilities. No existing treatment facilities exist on the property. A retention pond is proposed to capture and treat stormwater from the subdivision as well as provide additional capacity for future development of the parcel. • Any improvements to the existing system No other improvements are proposed. • Other required improvements Not applicable. VI. UTILITIES The SIA does not constitute an approval for extension of or connection to water mains and sanitary sewers. The property owner shall make application for extension/connection of water mains and sanitary sewers to the Public Works Department. The extension/connection of/to water mains and sanitary sewers is subject to the approval of the applications and the conditions of approval. Applications shall be submitted for processing prior to the start of any construction and prior to review and approval of any project plans and specifications. The appropriate water and wastewater hookup fees in effect shall be submitted with the applications. Fees shall be paid for the lots in each phase as applied for in the extension application and as per the first paragraph above. The Developer/Owner acknowledges that the subdivision shall be subject to the applicable System Development Fees in effect at the time new water and/or sanitary sewer service connections are made. The design/installation of sanitary sewers and appurtenances, and water mains and appurtenances (fire hydrants, etc.) shall be in accordance with design standards, specifications, rules, regulations of and as approved by the City of Laurel Public Works Department, Fire Department, and the Montana Department of Environmental Quality. DR A F T 129 SIA-6 A. Water (This section should describe any water facilities unique to the subdivision). No unique water facilities are proposed for the subdivision. Water is proposed to be supplied by the existing City of Laurel public water mains. B. Sanitary Sewer (This section should describe any sanitary sewer facilities unique to the subdivision). No unique sanitary sewer facilities are proposed for the subdivision. Sewer treatment is proposed to be provided by the existing City of Laurel public sewer mains. C. Power, Telephone, Gas, and Cable Television (This section should include, but not be limited to the following): • Services to be provided within the public right-of-way, existing or to be installed Not applicable. • Width and location of required utility easements Power, telephone, gas, and cable television services will be provided within 10- foot-wide public utility easements along lot frontages to proposed rights-of- way. VII. PARKS/OPEN SPACE (This section should include, but not be limited to the following): • The parkland requirement for this subdivision (dedication or cash-in-lieu) The developer is proposing a cash-in-lieu payment. • Required park improvements to the park and timing of construction Not applicable. • Required formation of a Park Maintenance District Not applicable. VIII. IRRIGATION (This section should include, but not be limited to the following): DR A F T 130 SIA-7 • Irrigation District affected by the proposed development No irrigation districts are proposed to be affected by the development. • Required mitigation efforts to protect the ditches during construction Irrigation ditches shall be undisturbed during construction if possible or piped using culverts. If piping is proposed, those ditches will be evaluated to maintain the required capacity. Storm water best management practices shall be implemented to prevent impacts from construction runoff as applicable. • Location and width of existing and proposed onsite easements for ditches No existing easements exist for ditches within the property. IX. SOILS/GEOTECHNICAL STUDY (This section should include, but not be limited to the following): • Results of geotechnical study Some clays with potential expansive properties were discovered in the geotechnical investigation. Soils were generally soft and could require subgrade stabilization to provide adequate bearing capacity for utility installations. Conventional spread footings could be used if following the geotechnical investigation’s requirements for overexcavation, import of structural fill, etc. Water table was not encountered during the exploration up to depths of 18 feet. • Construction restrictions due to the results of the study None. Structural fill recommendations as provided in the geotechnical recommendation should abate general construction concerns. Further investigation at specific lots or home sites could provide additional guidance on construction methods. • Required mitigation efforts Structural fill recommendations as provided in the geotechnical recommendation should abate general construction concerns. Further investigation at specific lots or home sites could provide additional guidance on construction methods. DR A F T 131 SIA-8 X. PHASING OF IMPROVEMENTS (include if applicable) Not applicable. All required infrastructure is proposed to be installed prior to Final Plat. Description of each Phase including: A. Required improvements N/A B. Timing of improvements N/A C. Reference to release of lots (documentation) N/A D. Restrictions on lot sales (documentation) N/A E. Financial guarantees for improvements N/A XI. FINANCIAL GUARANTEES Except as otherwise provided, Subdivider shall install and construct said required improvements with cash or by utilizing the mechanics of a special improvement district or private contracts secured by letters of credit or a letter of commitment to lend funds from a commercial lender. All engineering and legal work in connection with such improvements shall be paid by the contracting parties pursuant to said special improvement district or private contract, and the improvements shall be installed as approved by the Public Works and Public Utilities Department. At this time, no financial guarantees are anticipated for required infrastructure. XII. LEGAL PROVISIONS A. Subdivider agrees to guarantee all public improvements for a period of one year from the date of final acceptance by the AGB. Acknowledged. DR A F T 132 SIA-9 B. The owners of the properties involved in this proposed Subdivision by signature subscribed herein below agree, consent, and shall be bound by the provisions of this Agreement. Acknowledged. C. The covenants, agreements, and all statements in this Agreement apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. Acknowledged. D. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney fees and costs. Acknowledged. E. Any amendments or modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. Acknowledged. F. Subdivider shall comply with all applicable federal, state, and local statutes, ordinances, and administrative regulations during the performance and discharge of its obligations. Subdivider acknowledges and agrees that nothing contained herein shall relieve or exempt it from such compliance. Acknowledged. DR A F T 133 SIA-10 IN WITNESS WHEREOF, the parties have executed this Agreement as of the _____ day of ___________________, 20____. “SUBDIVIDER” WESTERN HOLDINGS, LLC By: Title: _______________________________ STATE OF MONTANA ) :ss County of Yellowstone ) On this ____ day of , 20___, before me, a Notary Public in and for the State of Montana, personally appeared _______________________, known to me to be the person who signed the foregoing instrument as_____________________ of (Name of Subdivider), and who acknowledged to me that said Subdivider executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: DR A F T 134 SIA-11 This Agreement is hereby approved and accepted by City of Laurel, this ___ day of , 20___. “CITY” CITY OF LAUREL, MONTANA By: Mayor Attest: City Clerk STATE OF MONTANA ) :ss County of Yellowstone ) On this _____ day of , 20___, before me, a Notary Public for the State of Montana, personally appeared __________________________________, and , known to me to be the Mayor and City Clerk, respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of the City of Laurel, Montana. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: Approved as to Form: City Attorney DR A F T 135 GERALD A & ARDIS M NEUMANN 2669 SELVIG LN, BILLINGS, MT 59102 (406) 698-4534 CHERRY HILLS SUBDIVISION 3RD FILING, 9.37 ACRES OF: SO8, T02 S, R24 E, C.O.S. COS 3034, PARCEL TR1 , IN N2 (01) PROPOSED SUBDIVISION SIZE: 9.37 ACRES AGRICULTURAL RESIDENTIAL 7500 RESIDENTIAL Within property and located in existing 80' easement (future Maryland Dr) and extensions from Cherry Hills Drive Within property and located in existing 80' easement (future Maryland Dr) and extensions from Cherry Hills Drive $149,000 Bid tabs of previous subdivisions on price per lineal feet of roadway ~ 2 months $100,000 Bid tabs of previous subdivisions on price per lineal feet of roadway 136 N/A Maryland Drive and Cherry Hills Drive ~ 2 months Developer financed (no lending required) $497,000 (Including structural materials, asphalt, curb/gutter, sidewalks, etc.) Bid tabs of previous subdivisions on price per lineal feet of roadway ~1-3 months. SEE ATTACHED PRELIMINARY PLAT. SEE ATTACHED WAIVER. ACKNOWLEDGED. A FEE IS INCLUDED IN THE AMOUNT OF $534.25 FOR THE PROPERTY OF 9.37 ACRES. 137 Page 1 of 1 CITY HALL 115 W. 1ST ST. PLANNING: 628-4796, ext. 5 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 Office of the City Planner June 11, 2021 Lee Hageman Land Development Engineer Morrison Maierle 2880 Technology Blvd W. PO Box 1113 Bozeman, MT 59771 Regarding the Element Review of the submitted documents for the Preliminary Plat Application for the Cherry Hills Subdivision, 3rd Filing. Dear Mr. Hageman, Below are listed the results of the element review by city staff on the Major Preliminary Plat application for the Cherry Hills Subdivision, 3rd Filing, submitted by your office on May 25th, 2021, and additional documents submitted on June 8, 2021, as per LMC. Chapter 16, Appendix F: Required Supporting Documents for Major Preliminary Plat Applications. 1. Names and Addresses of Immediately Adjoining Property Owners typed or neatly printed on Address Labels – Included. 2. Draft Subdivision Improvements Agreement – Included. 3. Environmental Assessment or Summary of Probably Impacts, when applicable. – Included. 4. Traffic Accessibility Study (TAS) when applicable. – Included. 5. Preliminary Water and Sanitation Information – Included. 6. Geotechnical Report – Included. 7. Draft Protective and restrictive covenants, if any. – Included. 8. Draft Articles of Incorporation when Homeowner’s Association is proposed. – Included. 9. When a tract of land is to be subdivided in separate filings, a Master Plan of the Entire area to be developed. – Not Included. Not Applicable. We have also received the Application for Annexation and the supporting documents that will run in tandem with this subdivision application. Please let me know if you have any questions or comments about the items in this letter. Thank you for your time and I look forward to your response. Regards, Nicholas Altonaga, CFM Planning Director 138 Page 1 of 2 CITY HALL 115 W. 1ST ST. PLANNING: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 Office of the City Planner July 8, 2021 Lee Hageman Morrison Maierle 2880 Technology Blvd W. PO Box 1113 Bozeman, MT 59771 Regarding of the Sufficiency of the Preliminary Plat Application for the Cherry Hills Subdivision, 3rd Filing Mr. Hageman, The subdivision application for the Cherry Hills Subdivision, 3rd Filing is deemed sufficient. What follows is a list of comments by City Staff and the City Engineer. There were only minor issues noted with the plat application and its documents, with many of the issues able to be handled prior to the Final Plat approval of the Subdivision process. Preliminary Plat Comments 1. A small number of items were noted on the Preliminary Plat. The most important item of note is how the utility easement at the Southeastern corner of the property will be dealt with. a. The utility easement currently houses the City of Laurel Water Booster Station. b. This easement (Yellowstone County Clerk & Recorder Document # 3358070) was established in 2005 with the development of the Elena Subdivision. c. This area of the property will become its own lot with the approval of this subdivision. d. This could become a portion of the proposed Utility Lot. 2. The minimum right-of-way width is 67ft as noted in LMC Table 16.4.C.1. A variance should be noted on the Subdivision Improvement Agreement. 3. Michelle Drive and Rochelle Lane are very similar names, it may be good to rename one to not confuse any future residents or EMS, Fire, or Police services. 4. A copy of the annotated Preliminary Plat has been provided with this letter. Subdivision Improvement Agreement Comments 1. The Planning Department had minor comments on the SIA. 2. Please refer to the annotated SIA attached to this letter for suggested updates. 3. Please note a variance to LMC Table 16.4.C.1 for the width of the rights-of-way for Cherry Hills Drive, Rochelle Lane, and Michelle Drive. 4. A copy of the annotated Subdivision Improvement Agreement has been provided with this letter. Traffic Impact Study Comments 1. Appears fully sufficient. 139 Page 2 of 2 2. The Subdivision will have no major impacts on increased automobile trips at nearby major intersections. Water and Sewer Report Comments 1. No hydrant flow tests are provided in the study. 2. Please provide verification that model matches what you see in the field. 3. Provide water model exhibits and printouts showing system characteristics and modeled properties compared to measured properties. 4. No sewer analysis was provided. Stormwater Drainage Comments 1. Engineer needs to provide a map of the pre-developed conditions showing boundary, routing, & calculations. 2. What is the water quality storm volume and where are the calculation sheets for the analysis? Geotechnical Report Comments 1. Is the developer willing to assume liability for geotechnical report dated 2006? 2. Has an updated cost estimate for the items within the Geotechnical Report been prepared? 3. City will recommend a condition of approval for following the recommendations of the Geotechnical Report during build-out of the public infrastructure. Environmental Assessment Comments 1. Can the developer provide a copy of the Wetland Delineation report dated March 2021? 2. Has a Weed Management Plan been prepared for the project? The Planning Department and other City Staff are willing to work with the developer to rectify these items wherever possible. These items will also be solved through conditions of approval for the Preliminary Plat Application when appropriate. A letter with specific comments and citations in the supporting documents has been provided by the contracted engineers for the City of Laurel, KLJ Inc. A copy of those comments has been provided with this letter. An annexation agreement was also supplied with the Preliminary Subdivision Application. That application has been deemed sufficient and will be brought forward in conjunction with the application for subdivision. During the Preliminary Plat Review process, City Staff located a Water and Sewer Facilities Engineers Report for Cherry Hills Subdivision, 3rd Filing, dated July 2006. That document has been provided with this letter for your review. City Staff anticipate the Preliminary Plat Application for the Cherry Hills Subdivision, 3rd Filing to be placed on the agenda for the Laurel City-County Planning Board Meeting of August 18, 2021. Please contact me if you have any questions or comments about these items. Thank you for your time and I look forward to your response. Nicholas Altonaga Planning Director CC: Forrest Sanderson, Ryan Welsh, Kurt Markegard 140 July 6, 2021 Mr. Nick Altonaga, CFM Planning Director City of Laurel – Public Works Department PO Box 10 Laurel, Montana 59044 Re: Laurel Public Works Engineering Preliminary Plat Review: Cherry Hills Subdivision, 3rd Filing Dear Mr. Altonaga: We have completed our review of the submittal packet for the above referenced project. Please review the following items to offer input on behalf of the City of Laurel. Once you have completed review, we can revise this letter for you to send to the applicant. Please have the applicant revise the packet based on the comments contained in this letter and shown on the returned items. The applicant will be expected to resubmit the revised reports for review and provide written responses to any items that they would like to discuss. The following comments were noted: 1. Section 2, Page 10 Item 2. Supplemental information indicates that there are no subdivision improvements agreements proposed, however a copy of the SIA is included as an attachment to the package? 2. Section 2, Page 11, Item 5.a Springs – Supplemental information indicates that there are no springs on or near the property, but the lush growth on the property to the west of here appears to be weeping groundwater. 3. Section 4, Page 62, Water Rights memo – First line of the introduction locates the subdivision in the northeast corner of Laurel when it is in the northwest corner. 4. Section 4, Page 72, Draft Stormwater Calculations – Engineer needs to provide a map of the pre- developed conditions showing boundary, routing, & calculations. 5. Section 4, Page 72, Draft Stormwater Calculations – What is the water quality storm volume and where are the calculation sheets for the analysis? 6. Section 4, Page 81, Water Model Evaluation – Engineer improperly quotes me. I stated “no major changes have occurred since the model was created, but they should perform some verification as we've seen pressure differences from actual to modeled of up to 30 psi.” No hydrant flow tests are provided in the study. Please provide verification that model matches what you see in the field. 7. Section 4, Page 82, Water Model Evaluation – Provide water model exhibits and printouts showing system characteristics and modeled properties compared to measured properties. 8. Section 4, Sewer Analysis – None provided. 9. Section 7, Memo’s from CMG Construction – Explain purpose of these being included within the submittal. 141 10. Section 7, Geotechnical Investigations – The two investigations provided are from 2006; Does the Owner’s Engineer accept the liability of using a report that is 15+ years old? We have reviewed the documents provided and identified issues, but this review in no way releases the Developer from submitting design and construction documents for approval to the City prior to the start of any construction activities. Please give me a call at 406.245.5499 if you have any questions or concerns. Thank you and we look forward to working with you on this project. Sincerely, KLJ Ryan E. Welsh, P.E. Project Engineer 142 143 1 4 4 1 4 5 1 4 6 1 4 7 1 4 8 1 4 9 1 5 0 1 5 1 1 5 2 1 5 3 1 5 4 1 5 5 1 5 6 1 5 7 1 5 8 1 5 9 1 6 0 1 6 1 1 6 2 1 6 3 1 6 4 1 6 5 1 6 6 1 6 7 1 6 8 1 6 9 1 7 0 1 7 1 1 7 2 1 7 3 1 7 4 1 7 5 1 7 6 1 7 7 1 7 8 1 7 9 1 8 0 1 8 1 1 8 2 1 8 3 1 8 4 1 8 5 1 8 6 File Attachments for Item: 7. Resolution - A Resolution To Approve The Preliminary Plat Of Cherry Hills Subdivision, Third Filing, An Addition To The City Of Laurel Subject To Conditions 187 R21-______Approve Preliminary Plat Cherry Hills Subdivision 3rd RESOLUTION NO. R21-_____ A RESOLUTION TO APPROVE THE PRELIMINARY PLAT OF CHERRY HILLS SUBDIVISION, THIRD FILING, AN ADDITION TO THE CITY OF LAUREL SUBJECT TO CONDITIONS WHEREAS, an application has been made to the City of Laurel for approval of the preliminary plat of Cherry Hills Subdivision, Third Filing, An Addition to the City of Laurel; and WHEREAS, the Laurel-Yellowstone City-County Planning Board, as required by Laurel’s Subdivision Regulations for subdivision and annexation review, conducted a duly advertised public hearing on August 18, 2021 at which no opposition was heard; and WHEREAS, the Laurel-Yellowstone City-County Planning Board has recommended approval of the Preliminary Plat subject to sixteen conditions to the City Council as contained in the attached Staff Report dated August 25, 2021; and WHEREAS, the City Council held a duly noticed public hearing regarding the preliminary plat application on September 14, 2021 where both proponents and opponents were provided an opportunity to provide testimony and/or evidence for the record; and WHEREAS, based on the public hearing and all evidence presented and existing in the City File, the City Council of the City of Laurel has determined that it is in the best interest of the City and the inhabitants thereof, that the application for preliminary plat should be approved subject to the conditions recommended by the Planning Board. NOW THEREFORE BE IT RESOLVED, the City Council hereby approves the preliminary plat for Cherry Hills Subdivision, Third Filing, An Addition to the City of Laurel , subject to the sixteen conditions contained in the Staff Report dated August 25, 2021 which is attached hereto and incorporated herein as part of this resolution. Introduced at a regular meeting of the City Council on September 14, 2021, by Council Member _________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 14th day of September 2021. APPROVED BY THE MAYOR this 14th day of September 2021. CITY OF LAUREL: _____________________________ Thomas A. Nelson, Mayor 188 R21-______Approve Preliminary Plat Cherry Hills Subdivision 3rd ATTEST: ________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 189 File Attachments for Item: 8. Resolution - A Resolution Of The City Council Granting A Variance From Certain Sections Of Chapter 17 Of The City’s Sign Code For The Property Located At 202 SE 4th Street To Allow The Removal And Replacement Of A Freestanding Pole Sign With An Electronic Controlled Sign Which Is Currently Prohibited. 190 R21-___ Variance Requests City Sign Code at 202 SE 4th Street RESOLUTION NO. R21-___ A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM CERTAIN SECTIONS OF CHAPTER 17 OF THE CITY’S SIGN CODE FOR THE PROPERTY LOCATED AT 202 SE 4TH STREET TO ALLOW THE REMOVAL AND REPLACEMENT OF A FREESTANDING POLE SIGN WITH AN ELECTRONIC CONTROLLED SIGN WHICH IS CURRENTLY PROHIBITED. WHEREAS, the property located at 202 SE 4th Street is currently governed by the City of Laurel’s Zoning regulations located at LMC Chapter 17 and the business located at such address is a longstanding car sales and service business; WHEREAS, the prior property owner had constructed two free standing signs on the property consisting of one non-animated pole sign on the North West corner of the property, and one digital electronic sign on the South East corner of the property; and WHEREAS the City’s Sign Code restricts properties to one sign per parcel of record with 1000 feet between signs with such signs limited to one hundred sixty square feet of copy area. Furthermore, pictographic changeable signs are restricted to still frames which may change not less than every sixty seconds; and WHEREAS, the property owner seeks variances to allow him/her to maintain the two signs on the property consisting of the existing non-animated pole sign on the North West corner of the property, and the existing digital electronic sign on the South East corner of the property; and WHEREAS, the property owner would require variances from LMC 17.26.052.A2 and 17.42.050 and 17.42.052 which restrict the current number, size and types of sign on the property; and WHEREAS, the City County Planning Board held a public hearing on the requested variances on August 18, 2021 after proper notification was sent to all property owners within 300 feet of the subject property as well as published notice in the Laurel Outlook pursuant to Montana law, the applicant and public were allowed to submit comments into the record during the public hearing; and WHEREAS, after the hearing concluded, the City County Planning Board recommended City Council approval of the variances to the LMC subject to the conditions recommended by Staff; and WHEREAS, the City Council held a duly noticed and advertised public hearing on the variance requests on September 14, 2021; and WHEREAS, the City Council provided opportunity for testimony, comments and evidence from both proponents and opponents, and based upon the materials provided in the Planning Board File including but not limited to the Application, Staff Report, and Meeting Minutes, the City Council determined the variances should be approved with conditions; and WHEREAS, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City of Laurel to allow the variances since: 1. granting the variance in this case relates only to a special condition that is specific to the applicant; 191 R21-___ Variance Requests City Sign Code at 202 SE 4th Street 2. the current hardship was not created by the applicant; 3. the variance requested appears to be within the spirit, intent and purpose of the zoning regulations; and 4. granting the variance will not injure or result in an injustice to others. NOW THEREFORE, BE IT RESOLVED that the property owner’s request for variances from LMC 17.26.052.A2 and 17.42.050 and 17.42.052 15.40.050 are hereby approved subject to the following conditions: 1. Any future alteration of the electronic pictographic changeable copy sign shall be reviewed and approved by the City. 2. The new digital sign shall only display still framed images and text. No video or motion shall be displayed. Still displays shall not change less than every 30 seconds. 3. The variances shall only apply to the sign and location identified in the application. Any alteration will be considered a zoning violation. 4. The approved variances apply to the respective signs in their respective locations. 5. Any alteration to the electronic pictographic changeable copy sign without City approval shall be considered a violation of the Laurel Municipal Code. 6. The owner of the property shall work with groups to advertise and/or announce events within the community. A percentage of time for use by local groups is desired. BE IT FURTHER RESOLVED, the City Council hereby adopts all docu ments and evidence contained in the City County Planning Board File to support the findings and decision reached herein. Introduced at a regular meeting of the City Council on September 14, 2021, by Council Member _________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 14th day of September 2021. APPROVED BY THE MAYOR this 14th day of September 2021. CITY OF LAUREL: _____________________________ Thomas A. Nelson, Mayor ATTEST: ________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 192 1 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board FROM: Nicholas Altonaga, Planning Director RE: 202 SE 4th Street - Laurel Chevrolet Sign Variances DATE: August 25, 2021 N/LOCATION: DESCRIPTION OF REQUEST Ken Fichtner of Laurel Chevrolet submitted a request for variances to the Laurel Municipal Code for the property at 202 SE 4th Street. These include requests for variances for having multiple principal signs on a parcel, sign size, and sign type (pictographic changeable copy signs). Laurel Chevrolet was recently sold to a new owner who has worked to clean up some of the issues of the previous owner. Laurel Chevrolet previously applied for and was granted a permit to relocate the “Chevrolet” branded sign to their property with the stated condition that a variance would be applied for to clear up the three issues now under review. Ken Fichtner has provided a variance application packet containing all the necessary items. Approval of the variances for multiple signs, sign size, and sign type are required for the continued operation of the electronic pictographic changeable copy sign. Owner: SPARTAN LAUREL 2 REAL ESTATE LLC Legal Description: HAGEMAN SUBD 3RD FILING, S16, T02 S, R24 E, BLOCK 11A, Lot 1A1, AMD (12) Address: 202 SE 4th Street Parcel Size: 3.093 acres Existing Land Use: Automobile sales Existing Zoning: Highway Commercial, Community Entryway Zoning District /LOCATION: BACKGROUND AND PROCEDURAL HISTORY • July 30, 2020 – Planning Director Met with Applicant Ken Fichtner to discuss the signage situation and proposed plans to relocate “Chevrolet” Sign back to property from off -site and the impact it would have. 193 2 • July 19, 2021 – Planning Director met with Ken Fichtner to discuss the Variance application and the process for Planning Board and City Council. • The Variance application was submitted on July 22, 2021. • Planning Board held a public hearing on the Variance application on August 18, 2021. Planning Board voted to recommend approval of the Sign variance with the conditions stated in this report. • City Council has scheduled a public hearing on the variance application at the meeting on September 14, 2021. • City Council shall receive public comment and approve, approve with conditions, or deny the variance request at the meeting on September 14, 2021. STAFF FINDINGS Three variances are required to continue the operation of the pictographic changeable copy sign currently on the Laurel Chevrolet property. The variances are for LMC 17.26.052.A.2 and for LMC 17.42.050 – Table. These two sections of code are provided below. LMC 17.26 – Community Entryway Zoning District, provides requirements for properties within the zoning district on height and size. 17.26.052 – Development Standards, Part A includes: ➢ 2. Only one sign is allowed per parcel of record and there shall be at least one thousand feet between signs. ➢ 4. Signs shall be limited to one hundred sixty square feet in copy area. The table in 17.42.050 states the signs which are Not Allowable within the CEZD. Prohibited signs include but are not limited to: ➢ Animated Sign (Including Flashing, Blinking, Scrolling) ➢ Pictographic Changeable Copy Signs which depict only still frames and change not less than 60 seconds ➢ Pictographic Changeable Copy Signs which depict motion, flashing and blinking of any kind ➢ Off Premise Sign The Planning Director has provided his direct findings on the items presented in LMC 17.60.020 – Land Use Variances Issuance and Denial – Determination Procedure. 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; o The construction of the current Electronic sign was done in violation of a previous Variance application by the former owner of the property. o Prohibit 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 194 3 o The situation is not peculiar to the applicant, as new owners/managers obtaining properties that are out-of-compliance is common. o The level of mishandling by the previous owner should be noted, as there were many issues with the processing of the original sign variance, as well as the subsequent construction of the electronic sign and multiple dealings with the City. 3. Unless the basis is something more than a mere financial loss to the owner; o The electronic pictographic changeable copy sign is seen by the owner as a community asset. o The applicant has stated his goal to utilize the electronic sign to announce news and information about Laurel and local events taking place. 4. Unless the hardship was created by someone other than the owner; o The current use of the electronic pictographic changeable copy sign that is oriented for highway traffic was installed against the official decision of the Laurel City Council. A variance was applied for that requested that the Rimrock Chevrolet be allowed to install this sign, as it was not allowable under the zoning at the time. On May 5, 2015, the City Council held a public hearing and subsequently voted 6-1 against the “…granting of a variance form Chapter 15.40 of the City’s Sign Code for the property located at 202 SE 4th Street to allow the removal and replacement of a freestanding pole sign with an animated sign which is currently prohibited.” o A building permit was subsequently applied for and granted by the Building Official at that time. This building permit should not have been approved and was updated with stipulations in 2016 and the property was given a notice of violation in 2017 regarding its animation. This sign does not count as pre-existing non-conforming as it was deemed to not be allowed by City Council through the variance process. o I have attached both the meeting minutes in which the variance was discussed and the two notices discussing the issues with the electronic sign. 5. Unless the variance would be within the spirit, inten t, purpose and general plan of this title; o The Applicant has a proven, positive history with the Laurel community. o Laurel Chevrolet has been a good partner and community asset to the people of Laurel for many years. o The applicant has stated their desire to use the sign for displaying community news, information and other announcements by civic and local groups. 6. Unless the variance would not affect adversely or injure or result in injustice to others; and o The sign was erected in 2016 and has operated since that time. o The sign has not caused any noticeable community concern or issues. o Granting of a variance would make official the status quo of sign operations. 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. o The applicant was the previous owner of the property prior to the 2015 variance process and eventual sign construction. o The applicant seeks to make right some of the existing issues with the property to ensure compliance with the City. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA 195 4 17.60.020 - Land use variances issuance and denial—Determination procedure. A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. RECOMMENDATIONS The Planning Director recommends that the Planning Board approve the variance requests with the following conditions of approval. These conditions may be amended, added to, or removed as the Planning Board sees fit. 1. Any future alteration of the Electronic pictographic changeable copy sign shall be reviewed and approved by the City. 2. The new digital sign shall only display still framed images and text. No video or motion shall be displayed. Still displays shall not change less than every 30 seconds, as per Planning Board discussion. 3. The variance shall only apply to the sign and location identified in the application. Any alteration will be considered a zoning violation. 4. The variance approval shall only apply to the sign in its current identified location. 5. Any alteration to the electronic pictographic changeable copy sign done without City approval shall be considered a violation of the Laurel Municipal Code. 6. The owner of the property shall work with local groups to advertise and/or announce events within the community. A percentage of time should be decided upon for use by local groups. 196 5 ATTACHMENTS 1. Variance Justification Letter 2. Variance Application Form 3. 202 SE 4th Street Site Plan 4. Electronic Sign specifications 5. Adjacent property owners list (300ft radius) 6. Adjacent property owners map (300ft) 7. LMC 17.26 – Community Entryway Zoning District 8. LMC 17.42 – Sign Code 9. May 5, 2015, Laurel City Council Meeting Minutes 10. 202 SE 4th Street Notices of Violation (2016 and 2017) 197 198 199 200 201 MINUTES OF THE CITY COUNCIL OF LAUREL May 5, 2015 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Mark Mace at 6:30 p.m. on May 5, 2015. COUNCIL MEMBERS PRESENT: Emelie Eaton Doug Poehls Bruce McGee Richard Herr Chuck Dickerson Tom Nelson Bill Mountsier COUNCIL MEMBERS ABSENT: Scot Stokes OTHER STAFF PRESENT: Monica Plecker, Planning Director Mayor Mace led the Pledge of Allegiance to the American flag. Mayor Mace asked the council to observe a moment of silence. MINUTES: Motion by Council Member Poehls to approve the minutes of the regular meeting of April 21, 2015, as presented, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CORRESPONDENCE. COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS. Council Member Herr stated that he has had some conversations regarding the signage issue. PUBLIC HEARINGS: Variance request from Rimrock Chevrolet Mayor Mace stated that this is the time and place set for the public hearing on the variance request from Rimrock Chevrolet. Mayor Mace opened the public hearing and asked staff to present the item prior to hearing the public comments. Planning Director Monica Plecker explained the request for a variance for property that is located at 202 Southeast Fourth Street and is known as Rimrock Chevrolet. The variance application has two parts. The first part is to remove a second freestanding pole on their property and reconstruct it. The second part is that it be constructed with what Laurel Municipal Code defines as an animated sign. Monica presented her staff report at last week's council workshop, but restated some of the high points. Laurel Municipal Code (LMC) 15.40.130.H states that "One on-premise, freestanding sign may be installed to a height of forty feet and may be a maximum of three hundred fifty square feet if the principal purpose of such signs is to address interstate traffic as determined by the director. The sign must be oriented perpendicularly to the interstate so the sign is visible to interstate travelers." Monica stated that the applicant provided the signage plan, which proposes what Laurel Municipal Code defines as an animated sign. LMC 15.40.040 states that an animated sign is"any sign that uses movement or change or lighting to depict actions or create a special effect or scene." LMC 15.40.050.E states that animated signs are prohibited. The applicant submitted the sign plan showing a picture of the proposed sign and the location. The sign would be 40 feet tall by 17' 2" and would be located on the northeast corner of the property. 141014--' 202 Council Minutes of May 5,2015 Monica explained that there are seven criteria that have to be met in order to grant a variance. The seven criteria were listed in the staff report and an explanation for the seven criteria was received from the applicant. Upon staff review of the application and supplemental materials, Monica stated her recommendation that the variance be denied. Substantial evidence to support the criteria for a variance has not been presented by the applicant, in her opinion. Furthermore, the protection of entryway points into the community has always been a priority of the Planning Board and the City Council. Recently, the Planning Board and Council have taken action to protect the character of the commercial districts within the City by adopting overlay districts. An animated sign like this one proposed would be detrimental to the character of the SE 4th Street area. Furthermore,the ordinance allows for only one freestanding sign. While the two existing signs were permitted, a change in ordinance makes the property nonconforming. Nonconforming structures are permitted to continue as long as there is no change. Without the granting of this variance, the existing second sign could continue to be used. The code allows for a sign height of 40' to address interstate travelers. Monica stated the staff suggested conditions of approval: 1. The applicant shall apply for a sign permit before constructing any new sign. 2. The Used Car sign shall be removed prior to any construction of a new sign. 3. Any alteration of the new sign shall be permitted by the City. 4. Before the construction of any sign, the applicant shall contact MDT and apply for any necessary permits that may be required as the structure is located within 600' of a controlled roadway. Monica stated that, at last week's council workshop, there were questions about the history of the sign ordinance. She researched and found that it was a controversial issue many years ago. There were multiple public hearings with a lot of proponents and opponents, but her research did not find that animated signs were heavily discussed by any of the proponents or opponents. That does not mean that there has been lack of talking about animated signs on the record elsewhere. In 2008 and 2009, the Planning Board spent quite a bit of time discussing the importance of placing limitations onto electronic message board signs, lighting, flashing, and movement within the signs. It was clear that the Planning Board felt it needed to be heavily limited. However, no ordinance change ever came about, so the current ordinance is that the animated sign is prohibited. Other information Monica found is the language that talks about the Entryway Zoning District. A public hearing regarding changing the Entryway Zoning District to complete the portion along the interstate that was missing will follow this public hearing. A provision in the Entryway Zoning District states that any nonconforming sign in the Entryway Zoning District has seven years to come back into conformance. There has been a lot of thought about signs in general, nonconforming signs, and how to bring signs back in. There were no ordinance changes adopted other than what is stated in the current LMC book that animated signs are prohibited. Mayor Mace asked if there were any proponents. Tim Thelen, the President of Epcon Sign in Billings, has been working with Mr. Zabawa on this project since he purchased Rimrock Chevrolet. They have always had the intent to try to work within the code. Mr. Thelen directed the council to LMC 15.40.040 Definitions. "Animated sign" means any sign that uses movement or change or lighting to depict action or create a special effect or scene. Changeable copy sign" means a sign whose informational content can be changed or altered by manual or electric or electronic means. Changeable signs include the following: Manual, electrically activated, and computer controlled variable message, which this is a computer controlled variable message sign. LMC 15.40.050 Signs prohibited states that animated signs are prohibited. He stated that there is nothing to address controlled electronic signs. LMC 15.40.120, Changeable copy states that "unless otherwise specified by this section, any sign in this chapter allowed may use manual or fixed message electronic sign. Computer controlled variable message center signs shall be permitted provided that the bottom of the reader board is ten feet above the crown of the adjacent road", which they are. Rimrock Chevrolet has two signs right now and they want to remove the smaller sign on 4th Street because it is not getting any advertising for them and they want to utilize the interstate to let people know they have a viable franchise here and are growing. Traffic warrants the sign, as the two sides of Southeast 4th Street and the interstate have over 1,500 lineal feet of frontage. Mr. Thelen stated that they are within the limits as far as the sign on the highway, as 350 feet is allowed and they are at 221 feet and a total height of 40 feet. 2 203 Council Minutes of May 5,2015 Mayor Mace asked if there were any proponents. Steve Zabawa, a partner in Rimrock Chevrolet, envisioned coming to Laurel, Montana, and establishing a great quality business and expanding the parts and service and sales from what the Fichtners had built over the last thirty plus years at that location. When he drove in on the interstate to look at the project the first time, he noticed there was nothing there to see when coming down the interstate and pulling off the ramp. There is a white building with a few trucks off to the side, but people cannot tell that it is a car lot. If someone goes down the interstate and looks at Laurel Ford, there are trucks, a lot of frontage and the big Ford sign. He thought then that the thing that hurt this location for a long time was that so much traffic goes up and down the interstate to Denny Menholt Chevrolet, Hardin Chevrolet, the Ford Store, Rimrock and other stores and people do not know there is a Chevy Store right there. Steve thinks it will be a big boom for Laurel, Montana, to have a message center there to put the message out there that there is a Chevrolet dealer and that there are events happening in the community. The sign has been a big thought process of theirs since they were in the process of buying the store, as they need to get the message out on the interstate. They will be able to bring people in from Big Timber, Red Lodge, Cody, etc., to do business in Laurel, Montana. Steve stated that most people do not know there is a nice Chevy Store here and he thinks they can bring people from Billings out to Laurel to buy vehicles and parts and service and to continue to employ more people. When they started, there were 15 employees. Now they have 30 and are trying to hire ten more people. He stated that this sign is a very, very big piece of their strategy to make Rimrock Chevrolet, the Chevy Store in Laurel, as large as the Ford Store in Laurel. The Ford Store put up a new sign, redid their building, and spent a lot of money to build that business and have done a good job. As far as the reader board, Steve stated that he drove past several message boards to get here tonight. He is confused as to what an animated sign is versus a message center. Their sign is a message center and will say "Rimrock Chevrolet, come on in and buy a car here" or"Fireworks display this weekend. Come on by!" He thinks it will be a good thing to get the message out there, as right now there is no message board on the interstate for Laurel, Montana. Steve stated that he is only looking to put one sign there and taking one down, so it is a neutral event. They feel that the variance should be approved and he thinks it is a great thing for Laurel and will be awesome for Rimrock Chevrolet. He asked if there were any questions. Mayor Mace stated that it is a public hearing so there are no questions. Mayor Mace asked if there were any other proponents. There were none. Mayor Mace asked if there were any opponents. Kathy Siegrist, 1319 Shay Road, is the Chairman of the City-County Planning Board. If this application had been made a month later, the Planning Board would have reviewed it first. The council is in the process of approving the Southeast 4t Street Overlay District and the expansion of the Entryway Zoning District, both of which have increasingly stringent sign limitations over the Laurel Code. Kathy is not clear on the difference between a regular reader board and an animated sign. She has not seen the application for their variance request, but if Monica's recommendation is that it does not meet the seven criteria, she is very respectful of Monica's opinion on that. She does not think that any of Rimrock's dealerships in Billings and Denny Menholt Chevrolet have an interstate presence. Kathy stated that various people have put a lot of effort into trying to give Laurel its own identity. The Growth Management Plan talks about maintaining a sense of place and ensuring that small town characteristics are reinforced. She does not feel that a sign of this nature is necessarily going in that direction. On a personal level, she was on the interstate during last month's sandstorm and she does not particularly want the driver behind her looking at something interesting 40 feet in the air when she is hitting her brakes. Mayor Mace asked if there were any opponents. Judy Goldsby, 2741 Alpine View Drive, serves on the City-County Board, is currently the Chairman of the Laurel Urban Renewal Agency, and serves on other organizations. They have been working very hard with staff, who have done a commendable job, on submitting the things they feel are in the best interest of the community. With that respect, she is opposed to it, but more so she is opposed to its presence on the interstate. She has looked into some studies of the Billboard Safety Research Committee. They have proven, by virtue of these studies, that placing these signs along a busy interstate, especially on an off ramp, is very much a hazard. She stated that we do not need any more hazards on our off ramps or freeways, so she is opposed. 3 n4A4 204 Council Minutes of May 5,2015 Mayor Mace asked if there were any opponents. There were none. Since there was no further public comment, Mayor Mace asked the staff to respond to any relevant questions. Monica stated that interpretation of changeable copy versus animated signs came up during one of the presentations. She recently had a conversation about this with the Building Official, Gary Colley. The code used to be written so that signs were approved under the Public Works Department, but a restructuring placed Building and Code Enforcement under the Planning Department. She was talking with Gary because he had permitted two of the signs in town, one at Reese and Ray's and one at the Cedar Ridge Casino Cenex. Gary informed her that he had been notified that he was misinterpreting the code that changeable copy was related to fixed signs with no motion or movement in them, as opposed to the potential movement, whereas animated allows flashing movement, change of scene, etc., within the sign. He remembers having discussion previously about his misinterpretation permitted two signs, one in 2005 and one in 2007. Monica stated that she wanted to clarify the matter between the interpretation of changeable copy being fixed versus animated allowing movement and change of scene. Mayor Mace closed the public hearing. Ordinance No. 015-03: Entryway Zoning District (First reading—April 21, 2015) Mayor Mace stated that this is the time and place set for the public hearing on the City of Laurel's Ordinance No. 015-03. Mayor Mace opened the public hearing and asked staff to present the item prior to hearing the public comments. Planning Director Monica Plecker explained that the ordinance will expand the Entryway Zoning District. A map shows where the current Entryway Zoning District begins and ends and where there is a considerable gap between the east and west portion of the main interchange coming into Laurel. This is the official public hearing for that matter. The Planning Board unanimously recommended approval of changing the boundaries of the Entryway Zoning District. Mayor Mace asked three times if there were any proponents. There were none. Mayor Mace asked three times if there were any opponents. There were none. Mayor Mace closed the public hearing. Ordinance No. 015-04: SE 4th Street Overlay District (First reading—April 21, 2015) Mayor Mace stated that this is the time and place set for the public hearing on the City of Laurel's Ordinance No. 015-04. Mayor Mace opened the public hearing and asked staff to present the item prior to hearing the public comments. Planning Director Monica Plecker explained that the ordinance is for the SE 4th Street Overlay District. An overlay zoning district has zoning requirements and regulations in addition to the current zoning designation. The City of Laurel currently has other overlay districts in place, including the Entryway Zoning District and the Downtown Overlay District. The SE 4th Street Overlay District is the second part to the Downtown Overlay District and follows the TIFD boundary on the south side of the railroad. The SE 4th Street Overlay District addresses signage, landscaping, parking requirements, etc., and requests wood timber features on properties located on other streets in that area, including First Avenue South, Washington Avenue, Bernhardt Road and Railroad street. On Southeast 4th Street, it does require log continuance in that area with the intent to preserve the character of the area. Mayor Mace asked three times if there were any proponents. There were none. Mayor Mace asked three times if there were any opponents. There were none. Mayor Mace closed the public hearing. 4 205 Council Minutes of May 5,2015 CONSENT ITEMS: Claims for the month of April 2015 in the amount of$514,980.17. A complete listing of the claims and their amounts is on file in the Clerk-Treasurer's Office. Approval of Payroll Register for PPE totaling$174,867.32. Receiving the Committee/Board/Commission Reports into the Record. Budget/Finance Committee minutes of April 21, 2015 were presented. Council Workshop minutes of April 28, 2015 were presented. Emergency Services Committee minutes of April 27, 2015 were presented. Laurel Urban Renewal Agency minutes of April 20, 2015 were presented. Library Board minutes of March 10, 2015 were presented. Laurel Airport Authority minutes of March 24, 2015 were presented. The mayor asked if there was any separation of consent items. There was none. Motion by Council Member Eaton to approve the consent items as presented, seconded by Council Member Poehls. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CEREMONIAL CALENDAR: Poppy Day Proclamation Mayor Mace read the Poppy Day Proclamation and proclaimed Friday, May 22nd as Poppy Day in the City of Laurel. REPORTS OF BOARDS AND COMMISSIONS: None. AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None. SCHEDULED MATTERS: Confirmation of Appointments. Laurel Fire Department Mayor Mace appointed Justin Kostelecky, Levi Vandersloot, Dan Wirtzberger, Matt Oswalt and Chris Franklin to the Laurel Fire Department. Motion by Council Member McGee to approve the Mayor's appointments to the Laurel Fire Department, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Ordinance No. 015-03: An ordinance amending Chapter 17.26.030 of the Laurel Municipal Code to update the City's Zoning Ordinance within the City of Laurel. Second reading. Motion by Council Member Dickerson to adopt Ordinance No. 015-03, seconded by Council Member Nelson. There was no public comment or council discussion. A roll call vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Ordinance No. 015-04: Ordinance creating the SE 4th Street Overlay District and to codify the ordinance as Chapter 17.27 of the Laurel Municipal Code. Second reading. 5 206 Council Minutes of May 5,2015 Motion by Council Member Nelson to adopt Ordinance No. 015-04, seconded by Council Member Poehls. There was no public comment or council discussion. A roll call vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Resolution No. R15-30: A resolution of the City Council granting a variance from Chapter 15.40 of the City's Sign Code for the property located at 202 SE 4th Street to allow the removal and replacement of a freestanding pole sign with an animated sign which is currently prohibited. Motion by Council Member Mountsier to approve Resolution No. R15-30, seconded by Council Member McGee. Steve Zabawa, Rimrock Chevrolet, stated that it is interesting that it says it is a replacement of a freestanding pole sign with an animated sign which is currently prohibited, as that is not their understanding. They believe this is a message center and it falls underneath the other piece of the code that is black and white saying that a message center is allowed. Steve showed the council several pictures of signs in Laurel, including Cenex, Exxon, CVS, the Federal Credit Union, Walmart, Cenex, Reese and Ray's, Exxon,the Laurel High School, Montana Lil's Casino and Curt's Famous Saloon. Looking at what is already in place, he does not think they are asking for anything outside of the ordinary. The readerboards in Billings are used for all sorts of great events, the time and date, and basic messaging. They feel this sign will be great for their business and great for Laurel. They feel that it is a message center and not an animated sign. It is not their intention to distract drivers on the interstate and have them crash into the back of somebody. The idea is to have a nice big Rimrock Chevrolet sign up where they can change the message. They spent millions and millions of dollars to have this property and to be able to have some type of message out there on the interstate is very important to their success and welfare and to grow the business. Steve thanked the council for their support on this issue. There was no further public comment. Council Member Dickerson stated that he has mixed feelings on the signage the way it is being requested. Other businesses along the interstate put up their signage according to the Entryway Zoning and the compliance of whatever was stated at that time. He would not object if the signage that Rimrock Chevrolet put up was similar to what Laurel Ford has, a big Rimrock Chevrolet sign that showed that was their business. He feels it would be an injustice to the other businesses that have built along that side of the interstate and followed the compliance and put up the type of signs that were being requested. His concern as far as the sign is the distraction of getting off the ramp because of the curve that is there. People already slow down to 30 or 35 mph a half a mile or so down the interstate before coming off the exit ramp. The placement of the sign by the off ramp is also a concern for him. He would be 100 percent supportive of a type of sign like Laurel Ford has and feels it would be an injustice to the other businesses to allow this now before Ordinance No. 015-03 is put into effect. Once that is put into effect, it gives everyone on that side by the interstate the ability to come back and reapply for a different type of sign and everybody has got the same opportunity to do that at that time. Right now, the council is voting on something that is not even allowable yet, but the other ones did not even have a chance to do it. There was no further council discussion. A vote was taken on the motion. Council Member McGee voted aye. Council Members Poehls, Herr, Mountsier,Nelson, Dickerson and Eaton voted nay. Motion denied 1-6. Resolution No. R15-31: A resolution of the City Council approving a loan application to the Intercap Loan Program for purchase of self-contained breathing apparatuses for the Laurel Volunteer Fire Department. Motion by Council Member Eaton to approve Resolution No. R15-31, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Resolution No. R15-32: Resolution of the Laurel City Council to place a Public Safety Mill Levy on the General Election Ballot. 6 207 Council Minutes of May 5,2015 Motion by Council Member Herr to approve Resolution No. R15-32, seconded by Council Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Resolution No. R15-33: A resolution of the City Council authorizing the Mayor to sign a contract with Sprague Construction Roofing, LLC for roofing construction at city hall. Motion by Council Member Poehls to approve Resolution No. R15-33, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Resolution No. R15-34: A resolution of the City Council authorizing the Mayor to sign a contract with Central Heating and Air Conditioning Inc. for HVAC services at city hall. Motion by Council Member Eaton to approve Resolution No. R15-34, seconded by Council Member McGee. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Motion to authorize the CAO and city attorney to work with the Laurel Rod and Gun Club to determine the possibility of conveyance of the building in Riverside Park. Motion by Council Member Dickerson to authorize the CAO and city attorney to work with the Laurel Rod and Gun Club to determine the possibility of conveyance of the building in Riverside Park, seconded by Council Member McGee. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. ITEMS REMOVED FROM THE CONSENT AGENDA: None. COMMUNITY ANNOUNCEMENTS (ONE-MINUTE LIMIT): None. COUNCIL DISCUSSION: Council Members Nelson and Herr will attend the Elected Officials Workshop in Billings this week. The Park Board will meet on Thursday, May 7th, at 5:30 p.m. The Public Works Committee will meet on Monday, May 11th, at 5:30 p.m. to tour the Wastewater Treatment Plant. Council Members need to take bring LMC books to the council secretary for the updates. UNSCHEDULED MATTERS: None. ADJOURNMENT: Motion by Council Member McGee to adjourn the council meeting, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. There being no further business to come before the council at this time, the meeting was adjourned at 7:20 p.m. Cindy Alleiouncil Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 19th day of May, 2015. 7 ri4 208 Council Minutes of May 5,2015 YZ/v/--eW Mark A. Mace, Mayor Attest: Shirley Ewan, CYerk/Treasurer 8 ti 209 210 211 212 213 214 215 216 LAUREL I LLC B00468 415 S 1ST AVE LAUREL MT 59044 SUPERPUMPER INC B00467A 411 S 1ST AVE LAUREL MT 59044 SPARTAN LAUREL 2 REAL ESTATE LLC B00464 202 SE 4TH ST LAUREL MT 59044 LMT INVESTMENTS LLC B00464B 400 SE 4TH ST LAUREL MT 59044 CITY OF LAUREL B00464C 115 W 1ST ST LAUREL MT 59044 MARVIN DEVELOPMENT OF MONTANA LLC B00451A 119 SE 4TH ST LAUREL MT 59044 TOWN & COUNTRY SUPPLY ASSOCIATION B00452 315 S 1ST AVE LAUREL MT 59044 WENDAUREL LLC B00451 309 S 1ST AVE LAUREL MT 59044 FOX LUMBER SALES INC D02724 203 E RAILROAD ST LAUREL MT 59044 S&G COMMERCIAL HOLDINGS LLC B03044 203 SE 4TH ST LAUREL MT 59044 LAUREL HOTELS LLC B03045 205 SE 4TH ST LAUREL MT 59044 MCDONALD'S REAL ESTATE COMPANY B03050 301 SE 4TH ST LAUREL MT 59044 UNITED BANK NA B03051 401 SE 4TH ST LAUREL MT 59044 PST LLC B03050A 307 SE 4TH ST LAUREL MT 59044 INNOVATIVE PROPERTIES LLC B03221 401 S 1ST AVE LAUREL MT 59044 217 File Attachments for Item: 9. Ambulance Pay Scale Discussion 218 RESOLUTION NO. 11 -106 A RESOLUTION TO MODIFY THE PREVIOUSLY APPROVED COMPENSATION LEVELS FOR THE VOUNTEER AMBULANCE SERVICE. WHEREAS, the City Council previously established and approved compensation levels for the Volunteer Ambulance Service through the adoption of Resolution No. R08 -117; and WHEREAS, the Ambulance Director recently reviewed the previous compensation levels and is requesting and recommending revisions to the compensation levels; and BE IT RESOLVED, that Resolution No. R08 -117 is modified to reset the compensation of the members of the Volunteer Ambulance Service as follows: Monthly Meetings: $7.50 — for attendance at the regular monthly meeting required for members of the Volunteer Ambulance Service. (Only one meeting will be compensated for each month.) On -Call Rates: All non - probationary volunteers shall be compensated at a rate of $3.50 per hour. Volunteers shall be probationary for six months at a rate of $2.50 per hour. Standby: $7.50 per hour — for each attendant working standby for a special event. The special event needs to pay the Ambulance Service in advance for working the event. Transport Call: $15.00 Non - Transport Call with Treatment: $10.00 Non - Transport no Treatment: $7.50 Call out stipends will be doubled during certain times of the years listed below: From 5 pm, December 24 to Midnight, December 25 From 5 pm, December 31 to Midnight, January 1 From Midnight to Midnight on the following holidays: Memorial Day Independence Day Labor Day Thanksgiving Day No member of the Volunteer Ambulance Service shall receive other compensation from the City except as provided by this resolution. BE IT FUTHER RESOLVED, the Officers of the Volunteer Ambulance Service shall receive, in addition to the compensation above, the compensation as follows: R11-106 Ambulance compensation levels 219 Assistant Director:4,000 per year Training Officer:6,000 per year Billing:3,600 per year Vehicle Maintenance:3,600 per year No officer of the Volunteer Ambulance Service shall receive other compensation from the City except as provided for by this resolution. Introduced at a meeting of the City Council on October 4, 2011 by Council Member Mace PASSED AND APPROVED by the City Council of the City of Laurel this 4 day of October, 2011. APPROVED by the Mayor this 4` day of October, 2011. CITY OF LAUREL drAt 4 _ 4 enneth E. Olson, Jr., for ATTEST: L C(- Shirley Ewan, Clerk- easurer Al Aved .. o , U : _ di.AN._ ,empi..verdi Sam sinter, Lega ouncil f Elk River Law Office, P.L.L.P. R11 -106 Ambulance compensation levels 220 Explanation of Compensation levels for the Volunteer Ambulance Service- October 2011 In the past, the Ambulance rates were changed one year and compensation rates for the crew would be adjusted the next year. The crew has not received compensation rates since 2008. The charges for the Ambulance Service were doubled last year with the adoption of the Schedule of Fees and Charges. The intent of the large increase in charges was to help cover the costs of the building addition. In order to help this process work, we need crew members to respond to every call. By paying the small stipends we pay, we have been able to help them cover the costs of volunteering in Laurel. The small raise being requested will help this stipend keep up with the rising expenses incurred by the volunteers. Crew members of the Laurel Volunteer Ambulance Service have not received an increase since 2008. The last resolution adjusted the wording concerning increases but did not change any pay. An increase for hourly pay is being requested. The current rate of $2.50 an hour for being on call, with raises for longevity, has not worked out to be a fair compensation. The new resolution would change the rate to $3.50 an hour for non - probationary crew members, $2.50 for those on probation for their first 6 months. This allows a time for training and experience. We currently have four Officer Positions that require more time than the time they volunteer. They perform duties essential to keeping the service running smoothly. These 4 positions have been receiving a stipend for the extended work they do for several years. The stipend amount has been altered several times. The change requested by the resolution will reflect a much warranted adjustment. These rates changes were requested in the LVA budget for 3 years. The dollar amount to cover these changes has been approved every year, but no resolution came forward to make the actual changes. The entire crew appreciates your consideration to approve this resolution adjusting their pay. Jan Faught Ambulance Director 221 File Attachments for Item: 11. Review Draft Council Agenda for September 14, 2021. 222 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 14, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R18-XX NEXT ORD. NO. O18-XX WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of August 24, 2021. 2. Approval of Minutes of September 7, 2021. Correspondence 3. Laurel Airport Authority Minutes of July 27, 2021. 4. Fire Monthly Report - August 2021. 5. Police Monthly Report - August 2021. 6. Building Department Monthly Report - August 2021. Council Disclosure of Ex Parte Communications Public Hearing 7. Public Hearing: Budget Amendment Resolution Amending Appropriations And Revenues For The Federal Equitable Sharing Fund For Fiscal Year 2020-2021 8. Public Hearing: A Resolution Adopting An Official Schedule Of Fees And Charges For The City Of Laurel Repealing All Previous Resolutions That Set Fees Or Charges That Conflict With The Schedule Attached Hereto. 9. Public Hearing: A Resolution Of The City Council Approving An Application For Special Review For Project Telephone Authorizing The Construction Of A Fiberoptic Hut At 1013 8th Avenue, City Of Laurel. 10. Public Hearing: Resolution Of Intent To Approve The Application For Bitterroot Grove Townhomes, A Sixty Unit Planned Unit Development As An Addition To The City Of Laurel With Changes. 11. Public Hearing: Resolution Of Annexation And Zoning For Nutting Brothers Subdivision, Block 6, Lots 1-12 And Block 7, Lots 1-12 And The Abandoned Portion Of Hazel Avenue Located Between Blocks 6 And 7, As An Addition To The City Of Laurel, Yellowstone County, Montana. 223 12. Public Hearing: A Resolution Of Annexation And Approval Of Zone Change For The Cherry Hills Subdivision, Third Filing, An Addition To The City Of Laurel, Subject To Conditions Imposed By The City 13. Public Hearing: A Resolution Of The City Council Granting A Variance From Certain Sections Of Chapter 17 Of The City’s Sign Code For The Property Located At 202 SE 4th Street To Allow The Removal And Replacement Of A Freestanding Pole Sign With An Electronic Controlled Sign Which Is Currently Prohibited. Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 14. Approval of Payroll Register for PPE 8/22/2021 totaling $194,748.46. 15. Claims entered through September 10, 2021. Ceremonial Calendar Reports of Boards and Commissions 16. Budget/Finance Minutes of August 24, 2021. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 17. Resolution - Budget Amendment Resolution Amending Appropriations And Revenues For The Federal Equitable Sharing Fund For Fiscal Year 2020-2021 18. Resolution - A Resolution Adopting An Official Schedule Of Fees And Charges For The City Of Laurel Repealing All Previous Resolutions That Set Fees Or Charges That Conflict With The Schedule Attached Hereto. 19. Resolution - A Resolution Of The City Council Approving An Application For Special Review For Project Telephone Authorizing The Construction Of A Fiberoptic Hut At 1013 8th Avenue, City Of Laurel. 20. Resolution - Resolution Of Intent To Approve The Application For Bitterroot Grove Townhomes, A Sixty Unit Planned Unit Development As An Addition To The City Of Laurel With Changes. 21. Resolution - Resolution Of Annexation And Zoning For Nutting Brothers Subdivision, Block 6, Lots 1-12 And Block 7, Lots 1-12 And The Abandoned Portion Of Hazel Avenue Located Between Blocks 6 And 7, As An Addition To The City Of Laurel, Yellowstone County, Montana. 22. Resolution - A Resolution Of Annexation And Approval Of Zone Change For The Cherry Hills Subdivision, Third Filing, An Addition To The City Of Laurel, Subject To Conditions Imposed By The City 23. Resolution - A Resolution To Approve The Preliminary Plat Of Cherry Hills Subdivision, Third Filing, An Addition To The City Of Laurel Subject To Conditions 24. Resolution - A Resolution Of The City Council Granting A Variance From Certain Sections Of Chapter 17 Of The City’s Sign Code For The Property Located At 202 SE 4th Street To 224 Allow The Removal And Replacement Of A Freestanding Pole Sign With An Electronic Controlled Sign Which Is Currently Prohibited. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 225