Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution No. R22-11
RESOLUTION NO. 11 RESOLUTION OF ANNEXATION AND ZONES G FOR APPROXIMATELY 270 ACRES OF THE LAUREL GOLF CLUB, AS AD I ADDITION TO THE CITY OF LAUREL, YELLOWSTONE CO TY, MONTANA. WHEREAS, a Petition for Annexation was sub itted to the City of Laurel by the Laurel Golf Club, which is the property owner (hereinafter "Petitioner") of certain real property situated in Yellowstone County, Montana; WHEREAS, the real property is- generally, de cribed as that portion of Section 7, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, generally lying North of the Big Ditch, but does not include the Golf Course Maintenance Facility. The real property is generally reflected on the Exhibits tote Petition for Annexation, which is incorporated by reference herein, and it includes all co iguous roadways and rights-of-way; WHEREAS, the property is currently outside of ity of Laurel city limits, and Petitioner seeks annexation of the property and zoning; and WHEREAS, Petitioner currently seeks annexatiluding, n of its property into the City of Laurel in order to access and utilize City, of Laurel services, inc but not limited to, water, sewer, police, and fire; WHEREAS, the Laurel City -County Planning Board held a duly advertised public hearing on Petitioner's Petition for Annexation on Mai ch 16, 2022. At the conclusion of the hearing, the Planning Board voted to recommend approval to the City Council of both the annexation and zoning requests; and WHEREAS, the City Council held a duly advertised public hearing, regarding Petitioner's Petition for Annexation on April 12,2022. At the conclusion of the hearing, the City Council determined that approval of the Petition for Annexation is in the best interests of the City at this time; and WHEREAS', the annexation of the property a d zoning is subject to the Annexation Agreement by and between the City of Laurel and th Laurel Golf Club, which is attached hereto and incorporated as part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by Montana, as follows: 1. The owner of record of the territory a Petition of Annexation. City Council of the City of Laurel, to the City of Laurel has executed R22-11 Annexation of Laurel Golf Club Developer Tract, as an Addition to the City of Laurel 2. Pursuant to Mont. Code Ann. § 7-2-46, 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 Petitioner's Petition for Annexation and all attached Exhibits. 3. The following described territory is hers real property generally described as that Range 24 East, P.M.M., Yellowstone C of the Big Ditch, but does not include The real property is generally reflecte Annexation, which is incorporated by contiguous roadways and rights-of-way of Laurel with a new Certificate of Surve of the property. 4. The owner of record of the territory ai of Laurel will execute an Annexation are made a part of this Resolution and 5 91 7 That the approval of the annexation and A. On all terms, conditions, and re( between,the City of Laurel and B. Petitioner must provide the Survey specifying the exact C. The property shall be zoned zoning of adjacent and nearby y annexed to the City of Laurel: the rtion of Section 7, Township 2 South, mty, Montana, generally lying North Golf Course Maintenance Facility. on the Exhibits to the Petition for eference herein, and it includes all Petitioner agrees to provide the City specifying the exact legal description :ed to the City of Laurel and the City ..eement, which terms and conditions Petition for Annexation. is conditioned as follows: -ments of the Annexation Agreement Laurel Golf Club. of Laurel with a new Certificate of description of the property. public, which is consistent with the D. Connections to the City of Laul Water and Sewer Systems shall be approved by the City of Laurel's JPublic Works Department. E. All improvements and infras within one calendar year from This Resolution shall be incorporated Council, and upon said incorporation, tl and correct certified copy of this Resi Yellowstone County Clerk and Recorde ;ure connections shall be completed date this Resolution is approved. nto the official minutes of the City City Clerk -Treasurer shall file a true ution and Meeting Minutes with the From and after the date that the City C rk-Treasurer files such certified copy of this Resolution and of the City ICouncil Meeting Minutes with the R22-11 Annexation of Laurel Golf Club Developer Tract, as an Addition to the City of Laurel Yellowstone County Clerk and Recc described territory to the City of Laurel Annexation and the City's responsibi shall become null and void upon Pei imposed by the City Council by and Annexation, and the Annexation Agn and the Laurel Golf Club. Introduced at a regular meeting of the City Council Member Mize. PASSED and APPROVED by the City April 2022. APPROVED by the Mayor the 12th day of A ATTEST: any eler, Clerk -Treasurer APPROVED AS TO FORM: 011,Ck6 13�� Michele L. Braukmann, Civil City Attorney this Annexation of the above - 1 be deemed complete and final. Ly for providing service to the property i ner's failure to satisfy the conditions ough this Resolution, the Petition for ent by and between the City of Laurel ncil on the 12th day of April 2022, by of the City of Laurel the 12th day of 2022. 'Y OF LAUREL �OU9&167 GA_�. ,e Waggoner, Mayo ```�pn1m11114 i" NO 'a= SEAL =JaE __ 0Nf ..0...... R22-11 Annexation of Laurel Golf Club Developer Tract, as an Addition to the City of Laurel STAFF REPORT LAUREL GOLF CLUB Annexation and Initial Zoni Applicant: Laurel Golf Club 1020 Golf Course Road Laurel MT 59044 The Laurel Golf Club represents 100% of the land ownership. MCA. (Annexation by Petition). Request: n pursuant to §7-2-4601 et. seq. Laurel Golf Club. The Club, representing 100% of the ownersh p of lands involved, has Petitioned the City of Laurel for Annexation of approximately 270 acres of prop rty adjacent to the City of Laurel with an initial Zoning Designation of Public (P) for concurrent review. The subject property is generally described as that portion of Section 7, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, generally lying North of the Big Ditch but does not include the Golf Course Maintenance Facility. An annexation Exhibit, which is incorporated into this report by reference, has been submitted in support of the Petition and Requested Initial Zoning. Process: An earlier submitted version of this request with a smaller lan1darea being annexed with an initial zoning designation of R-7500 has been withdrawn and will not be co sidered further as it has been replaced by this petition and initial zoning request. The annexation petition and requested initial zoning has bee scheduled for consideration and a public hearing by the Laurel — Yellowstone City County Planning Board and Zoning Commission for 5:35 p.m. on Wednesday, March 16, 2022. Though not yet scheduled the matter could be considered by the Laurel City Council at a Work Session on April 5 and taken up as an action item on April 12, 2022. Analysis of the Request ➢ The Laurel Golf Club represents 100% of the land ow ➢ The Laurel Growth Policy does not designate the pro ➢ The current use of the property is agricultural, (Restaurant, Bar, Clubhouse). ➢ The requested zone City Public (P) provides for a requirements of R-08-22 that lands embraced by the rship involved in the petition. rty as a 'growth area' of the city. !creational, and has a commercial use riety of uses and is consistent with the :y be assigned R-7500 or greater. ➢ The subject property currently is presumed to be zon County. ➢ Part 46 annexation requires that the land use design of the property, consistent with the prevailing Count the current growth policy'. ➢ The annexation by petition thresholds for annexatio to. ➢ In addition to the recreational and commercial uses o would be considered as prime development prope In addition to the extension of urban scale servi development that are not available to rural propertie to Planned Unit Developments ➢ The initial zoning must be considered under City R Municipal Code Title 17 (Zoning). ➢ The question of annexation and initial zoning must County Planning Board and Zoning Commission. ➢ Is the requested annexation and initial zoning in the City of Laurel. ➢ Any further development beyond the clubhouse will the city to supply water and sanitary sewer to the de to expand the city utility infrastructure. ➢ The city cannot supply irrigation water for the golf c Findings: ✓ The subject property is adjacent to the City of Laurel ✓ The restrictions imposed on cities related to the ann 46 have been met or exceeded. ✓ The City Council is not required to submit the quest! the area to be annexed as the petition is signed by 1 ✓ The city may annex the agricultural properties as 10 the city for annexation. ✓ The driver for the annexation request is the desire Clubhouse. The existing onsite water and sani- requirements of the Montana Department of Ern clubhouse facility. ✓ The clubhouse facility incorporates on premise alcol Laurel Zoning classifies these uses as 'Commercial' The only district that contemplates the proposed r zoning and then only in association with the recreal entirety of the golf course is included in the petition ✓ The golf course was not included as 'future growth a of Laurel because the property has been used foi properties with existing facilities that did not need, % This all changed with the proposal to construct the that the onsite facilities were not approvable. The associated operations should not be construed as the County Public or is un -zoned Yellowstone ition be 'consistent with the prevailing use Zoning Assignment, and/or consistent with of Agricultural properties must be adhered the property, a significant area of the lands with the extension of urban scale services. ;es the City Zoning provides options for . These options include but are not limited R-08-22 (Annexation), the Laurel heard by the Laurel — Yellowstone City interest of the City and Citizens of the required to do an analysis of the ability of lopment and pay for any associated costs ion of agricultural properties under Part of annexation to the qualified electors of 6 of the owners. of the ownership of same has petitioned the Golf Course to construct a new larger y facilities do not meet the minimum )nmental Quality for the proposed new al consumption and a restaurant the City of ind subject to Special Review proceedings. !w use as a permitted use is the Public (P) onal facilities. It is for that reason that the or annexation and initial zoning. ea"in the Growth Policy adopted by the City agricultural production or as recreational ant, or desire to be included within the city. iew clubhouse and the DEQ determination Decision to not include the golf course and city being unwilling to consider annexation, further development, or growth of the City of Laurel 1 the restrictions imposed by Montana Law and the the west but rather an acknowledged of ;hts afforded to landowners or certain classified lands. ✓ The golf course itself is not being forced to be annex d into the city. The golf course is required to obtain the benefits of the Public Zoning assignment to provide for the operation of a restaurant/tavern as a permitted use. ✓ The proposed assignment of Laurel P meets all the statutory requirements of Part 46 annexation and zoning assignment. ✓ The Laurel P Zone is listed along with Commercial and Industrial land use assignments and is therefore determined to be a "greater than" R-7500 classification. ✓ The extension of city services will be at the owner's ex ense (R-08-22) and in accordance with the Annexation Agreement as approved by the City Coun il. In this agreement the City Council may waive certain 'required' improvements where full-scale development of the properties is not currently being contemplated. Frankly, the reqL irement of the construction of all the improvements contemplated by R-08-22 is not in the est interests of either the City of Laurel or the Owner at this time. ✓ The City Zoning provides options for development tha are not available to rural properties. These options include but are not limited to Planned Un t Developments. These options and the exactions of infrastructure are most beneficial to the wner, the City of Laurel, and all surrounding properties in conjunction with the proposed develo ✓ The Laurel Golf Club has existed at this location and. be one of the premiere golf venues in the State of M the City of Laurel and the Ownership of the Golf Clul future growth and development potential of the prof ✓ The city has the ability to provide services to the club) development will require additional analysis on the any, capital improvements are necessary to accomm ✓ The City of Laurel does not have the ability to provide not anticipate the ability to provide same in the futui ✓ Given the lack of data to support annexation that v commercial development and the requirement of th a favorable recommendation from Public Works on t 12 Point Test for Zoning: Is the zoning in accordance with the growth policy; • The proposed zoning is consistent with the prevailing • The Growth Policy identifies a portion of the propose • The golf course itself is classified as open/agricultural • Resolution R-08-22 requires zoning assignment at ani • The Public Zone being classified with the Commercial 'greater than' R-7500. lent of the property in the future. ✓nership since the 1960's and has grown to itana. While change is sometimes difficult are the best custodians of the current and use both existing and proposed but future rt of the developer to determine what, if ate additional development. igation water for the golf course and does Auld provide for significant residential and city to guarantee the provision of services request could not be obtained. ounty zoning on the property. annexation as Public. exation at R-7500 or greater. Industrial zones meets the definition as Finding: The requested zoning is in accordance with the Growth P licy. II. Is the zoning designed to lessen congestion in the str ets; • The proposed zoning is consistent with the prevailing County zoning on the property. • The proposed zoning along with the annexation agre the underlying use of the property. • The Public zone does not allow for additional develop • Proposed development that would potentially impac impact analysis and associated improvements. nt with the developer will not change ent of the property. roads and streets would require a traffic Finding: The requested zoning will not have a material impact on ongestion in the streets. III. Is the zoning designed to secure safety from fire, pan! • The proposed zoning is consistent with the prevailing • The Growth Policy identifies a portion of the propose • The golf course itself is classified as open/agricultural • The construction of a new clubhouse facility that Commercial Code will unquestionable be safer than tl Finding: The requested zoning will not have a material impact on IV. Is the zoning designed to promote health and the gen • The proposed zoning is consistent with the prevailing • The Growth Policy identifies a portion of the propose • The golf course itself is classified as open/agricultural • The construction of a new clubhouse facility that Commercial Code will unquestionable be safer than tl • The connection of the facilities and properties at the t water and wastewater systems will have positive imp Finding: The requested zoning will promote the public health anc V. Is the zoning designed to provide adequate light and • The existing zoning imposes building setbacks, he buildings on a single parcel, and reasonable area lim! • The current proposal, Public, does not provide for i tertiary approvals for zoning and subdivision will be i • The existing development has more than adequate s Finding The requested zoning will provide adequate light and ai VI. Is the zoning designed to prevent the overcrowding c • The existing zoning imposes building setbacks, he buildings on a single parcel, and reasonable area limi • The current proposal, Public, does not provide for rE and tertiary approvals for zoning and subdivision will • The existing development has more than adequate si Finding: The proposed zoning will prevent the overcrowding of k and other dangers; ounty zoning on the property. annexation as Public. complies with the current International existing facilities. afety from fire, panic, or other dangers. raI welfare; ounty zoning on the property. annexation as Public. complies with the current International ie existing facilities. me of development to the Laurel municipal acts to public health and general welfare. the general welfare. r; ht limits, limits on the number of on new development. Mential or commercial development and from surrounding uses. land; ht limits, limits on the number of on new development. idential or commercial development e necessary. iaration from surrounding uses. VII. Is the zoning designed.to avoid undue concentration Of population; • The existing zoning imposes building setbacks, hei ht limits, limits on the number of buildings on a single parcel, and reasonable area limit on new development. • The current proposal, Public, does not provide for re idential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate se aration from surrounding uses. Finding: The proposed zoning will prevent the undue concentration of population. VIII. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requireme ts; • The zoning has primarily been requested to facilitate the construction of a new golf club house facility. • The requested zoning, without some overlay or mod! cation, will not necessitate the installation of new or additional infrastructure. • It is anticipated that a significant portion of the proper: y being annexed will be further developed. It is at that point the additional infrastructure as well as capacities will be evaluated. • Where the primarily open space use of the property ill not be changed the demands of schools, parks or other public requirements will not be impacted. • Some of the public duties, such as police, will shift from Yellowstone County to the City of Laurel but the net effect is minimal. Finding: The requested zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Additionally, as the uses of the property change and the intensity of'development changes, the city will be able to plan for and be prepared for the anticipated increased demands on their public systems. IX. Does the zoning give reasonable consideration to the character of the district and its peculiar suitability for particular uses; • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club andadditional development is not anticipated in the near future. • The water and sewer infrastructure proposed with the annexation is adequate for the new club house facility. Finding: The requested zoning is in keeping with the character 3nd historical uses of the property. It also provides for opportunities for additional development with suitable uses. X. Does the zoning give reasonable consideration to the peculiar suitability of the property for its particular uses; • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club and additional development is not anticipated in the near future. • The water and sewer infrastructure proposed wi ih the annexation is adequate for the new club house facility. Finding: The requested zoning is in keeping with the character provides for opportunities for additional development i historical uses of the property. It also suitable uses. XI. Will the zoning conserve the value of buildings; • The extension and availability of public water and sewer resultant from annexation and initial zoning will add value to buildings as they can be expanded replaced and new buildings potentially added in the future. • Where the underlying zoning is a replacement of Co my for like City, it is not anticipated that there would be any effect on the value of surrounding buildings or lands. Finding: The value of existing buildings both on and adjacent to I he requested zone will either be enhanced or not effected by the proposed zoning. XII. Will the zoning encourage the most appropriate use c • The requested zoning is essentially a replacement of compatible City Zoning District. • The property is owned and operated by the Laurel G anticipated in the near future but when development well as land uses will be vetted via an open public prc Finding: The requested zoning provides for the most appropri provides for a significant amount of flexibility for a mix Regulations. Conclusion: The petition for annexation into the City of Laurel with the to be consistent with the requirements of Part 46 Ann( Additionally, the annexation, extension of services, and in both the City of Laurel and the Laurel Golf Club. land throughout the municipality? e existing County Zoning with the closest f Club and additional development is not proposed the adequate infrastructure, as e use of land in the municipality. It also re of uses as contemplated by the District al zoning assignment of Public (P) appears on and City Council Resolution R-08-22. zoning assignment in the best interest of •o � Return to: Laurel Golf Club 1020 Golf Course Road Laurel, Montana 59044 THIS ANNEXATION AGREEMENT is in de this day of , 2022, by and between the LAUREL GOLF CLUB, with a mailing address at 1020 Golf Course Road, Laurel, Montana 59044, (the "Developer"), and the CITY OF LAUREL, MONTANA, a municipal corporation, with a mailing address at 115 West 1 st Street, Laurel, Montana, 59044 (the "City"). WHEREAS, the Developer is the owner Yellowstone County, Montana, more particularly de plat on file and of record in the office of the Cl hereinafter referred to as "Developer Tract" as of -way. WHEREAS, the Developer has submitted to the City for Developer Tract; and WHEREAS, the Developer desires to annex certain real property situated in ed as follows: 055; according to the official and Recorder of said County, ll as all adjacent public right - City a Petition for Annexation to Tract to the City; and WHEREAS, the City has approved the Petitio for Annexation by Resolution No. for the Developer Tract contingent 1hat a Development Agreement, be executed between the City and the Developer to identify required off-site infrastructure improvements and guarantees of those improvements. NOW THEREFORE, in consideration of contained herein, the parties do hereby'agree as follo 1. Roads and Access. The Developer Tract sh No improvements to Golf Course Road will be development of the Laurel Golf Club clubhouse. Fu Developer Tract may require Golf Course Road to be in a Subdivision Improvements Agreement or De subdivision or lot development. 2. Sanitary Sewer. Developer Tract shall be The Developer shall extend a new main from the mutual promises and covenants be accessible by Golf Course Road. istructed upon annexation and re- development or subdivision of the proved to City standard as described opment Agreement at the time of by the City wastewater system. 8 -inch sanitary sewer main in P:21061.03_Laurel_Golf Club_Annexation_Agrmt 1 1 (06/10/22) BSA/hl Northwest Maryland Lane to provide service to the clul: be approved by the Public Works Department. A 60-fc be created for extension of the public water and sewer use. Plans and specifications shall wide public utility easement shall 3. Water. Developer Tract shall be served byte City water system. The Developer shall extend a new water main from the existing 12 -inch water main in Northwest Maryland Lane to provide service to the clubhouse. Plans andspecifications shall be approved by the Public Works Department. A 60 -foot -wide public utility. easement shall be created for extension of the public water and sewer mains. 4. Storm Drain. The property shall tie into the possible. If a connection is not possible, the prop property. 5. Right -of -Way. No right-of-way is to be development of the clubhouse. Rights-of-way shall be the Developer Tract for Golf Course Road and any pr( 6. Future Intersection Contributions. No in upon annexation. Future development or subdivision intersection contributions that shall be defined in a S or Development Agreement based on the study (if required). 7. Late Comers Agreement. No Late annexation. 8. Zoning. The Property is to be zoned as Public nwater drainage system wherever shall manage stormwater on the :ed upon annexation and re - .ted upon future subdivision of public streets. -rsection contributions are required of the Developer Tract may require bdivision Improvements Agreement ]pions on an approved traffic impact Agreement is made with this 9. Compliance. Nothing herein shall be deemed to exempt the Developer Tract from compliance with any current or future City laws, ru es, regulations, or policies that are applicable to the development, redevelopment, or use of the subject property. 10. Runs with Land. The covenants, agreements, and all statements in this Agreement and in the incorporated and attached Waiver shall runith the land and shall be binding on the heirs, personal representatives, successors, and ass'gns of the respective parties. 11. Attorney's Fees. In the event it becomes Agreement to retain an attorney to enforce any of the t, or to give any notice required herein, then the prevai shall be entitled to reasonable attorney fees and costs, house counsel. necessary for either party to this rms or conditions of this Agreement ing party or the party giving notice including those fees and costs of in- P:21061.03—Laurel—Golf Club_Annexation_Agrmt 2 1 (06/10/22) BSA/hl 12. Attorney's Fees. In the event it becomes Agreement to retain an attorney to enforce any of the t or to give any notice required herein, then the prevai shall be entitled to reasonable attorney fees and costs, house counsel. 13. Amendments and Modifications. Any a Agreement shall be made in writing and executed document and shall after execution become a part of DA -3 essary for either party to this or conditions of this Agreement party or the party giving notice xdiniz those fees and costs of in- idments or modifications of this the same manner as this original Agreement. IN WITNESS WHEREOF, the parties have day and year first above written. STATE OF MONTANA ) ss. County of Yellowstone ) this Agreement as of the LAUREL GOLF CLUB C -- By: By: Title: �•� tri i cr, "Developer" On this � day of No Ue w-b-er , and for the State of Montana, personally appeared me to be the person who signed the foregoing instr Laurel Golf Club, and who acknowledged to me that IN WITNESS WHEREOF, I have hereunto Seal the day and year hereinabove written. 0�R HgTr AMBER HATTON ' CF.o � o e T n, % SEAL NOTARY PUBLIC for the State of Montana of Printed nar .- `3" • 9iF••......•� P oFM Residing at Laurel, Montana My Commission E�ir� Residing al May 311, 2028 My commi 2, before me, a Notary Public in .Ke W t;bc rzq cr , known to it as Pre—Sc cla n t of the Developer executed the same. my hand and affixed my Notarial in and for the State of Montana 4'&11, lx. ,moi #V 0 - expires: expires:LA" 31, Zoz,lo is A eement is hereby approved and accept . -d by the City of Laurel, this �oZo day of , 20A§� CITY OF AUREL, MONJANA LE Attest: STATE OF MONTANA ) ,A .ss County of Yellowstone ) On this /04A day of , the Sta e of Mopta aonally appeared ta known respectively, of the City of Laurel, Montana, whose instrument in such capacity and acknowledged to me of the City of Laurel, Montana. �..•srRF� KELLYSTRECKER o7AR • �1+ NOTARY PUBLIC for ft * % i State of Montana SEAL F* Residing at Big Horn, Montana N Nom; �Q Commission#.20200345 printed n 9•........cP My Commission E�ires< M= 5, 2024 Residing Approved as to Form: City Attorney My coma DA -5 Mayor City Clerk "City" i4Xbefore me, a Notary Public for ((JJ , and me tV Me the Mayor and City Clerk, nes are subscribed to the foregoing at they executed the same on behalf the.SGate of Return to: City of Laurel P.O. Box 10 Laurel, Montana 59044 Waiver of Right to FOR VALUABLE CONSIDERATION, the subdivider, in addition to all future owners of the here hereby waive the right to protest the formation of one district(s) for the construction of streets, street wideni curb and gutter, sanitary sewer lines, water lines, stop outside the area), street lights, street light maintenance other improvements incident to the above which the C This Waiver and Agreement is independent from all with sufficient independent consideration to which tl run with the land and shall be binding upon the unde and the same shall be recorded in the office of the G Yellowstone County, Montana. Pursuant to MCA §7 Agreement shall expire 20 years after the final subdi Yellowstone County Clerk and Recorder. The real property hereinabove mentioned is more Certificate of Survey No. 3055 Signed and dated this day of WAIVER -1 ;d, being the owner and/or kafter described real property, do r more special improvement street maintenance, sidewalks, water and drains (either within or parks and park maintenance, and .y of Laurel may require. her agreements and is supported undersigned are parties, and shall gned, their successors and assigns, city Clerk and Recorder of 3-608(7), this Waiver and pion plat is recorded with the described as follows: 20 . STATE OF MONTANA) : ss County of Yellowstone) Its: On this day of , 20bef the State of Montana, personally appeared me to be the of LAUREL executed the forgoing instrument and acknowledged IN WITNESS WHEROF, I have hereunto set my day and year hereinabove written. Notary P Printed n Residing My court WAIVER -2 GOLF CLUB "Subdivider/Owner" me, a Notary Public in and for , known to DLF CLUB, the person who me that he/she executed the same. and affixed my Notarial Seal the in and for the State of Montana expires: Project N Overview SANDERSON(� STEWARTiER Billings Bozeman Denver Fort Collins Laurel Golf Club is requesting annexation of approximately 270 acres into the City of Laurel, Montana as shown on the attached Exhibit A. The portion of Laurel Golf Club property looking to be annexed is located just outside the northwest boundary of the Laurel city limits, along the west side of Golf Course Road in Yellowstone County, Montana. The property is legally described as: S07, T02 S, R24 E, C.O.S. 3055, (Less Decarlo Sub). The area to be annexed include the golf course, clubhouse, The property lies adjacent to Laurel's Elena Subdivision t Laurel's city limits, as well as directly adjacent to the nord western Annexation Priority Area that is defined in Laure currently zoned as Public within Laurel's zoning jurisdicti occurs. Utility Extensions agricultural land. t defines the western -most boundary of -n boundary of the City of Laurel's 2020 Growth Policy. The property is L and will remain Public when annexation Upon annexation of the property, City of Laurel public wat r and sanitary sewer services will be extended to the Laurel Golf Club building. The intent is that new public water and sewer mains will be extended directly west from NW Maryland Avenue within a new public utility easement. From there, new service lines will be extended on the property to the building. The new public water and sewer mains will become part of the City of Laurel system 4nd will be located within public right-of- way when future development occurs. RESOLUTION NO. A RESOLUTION TO A10OPT THE CITY OF LAUREL ANNEXATION POLICY WHEREAS, it is necessary for the City of Laurel o properly guide and monitor growth that is in the best interests ofthe,Cky and its citizens; and WHEREAS, it is appropriate for the City Cot governs proposed annexations to the City in accordance and WHEREAS, the City Council has reviewed and the City of Laurel NOW, THEREFORE, BE IT RESOLVED by Montana, The Council hereby adopts the City of Laurel content. All resolutions adopting any other annexation these policies are hereby repealed, voided and of no find BE IT FURTHER RESOLVED that this date of Ordinance No. 008-02. Introduced at a regular meeting of the City Cot Hart. PASSED and APPROVED by the City Council 2008. APPROVED by the Mayor this 4`h day of March, CITY ATTEST: V -*7 W4 i e, Mary K. F06leton, Clerk -Treasurer Approved as to Sam Painter, Legal Counsel Elk River Law Office, P.L.L.P. ROB -22 Annexation Policy to adopt an Annexation Policy that Ordinance No. 008-02 § 16.12.020; the attached Annexation Policy for City Council of the City of Laurel, nexation Policy in its current form and cies that conflict or are inconsistent with effect. shall be enforceable on the effective on March 4, 2008, by Council Member the City of Laurel this 4d, day of March, E. CITY OF LAUREL Service outside city limits—.Conditions. No water or st incorporated city limits without meg the following Condit A. The property and improvements are in the same impmvemeats within the city's corporate limits; B. The city system is capable ofserving the area; C. The extension is in the best interest ofthe city; D. The cost of the extension shall be at the expense of tb E. The city council has granted its approval. (Prior code F. The property is annexed. Consent to Annexation and/or Waiver of Protest. A. Any property owner requesting or receiving city water limits shall, as a condition of initiating or continuing cit beneficially receiving services. The consent to annex benefit or is benefiting from the provision of city servi B. Whenever annexation is sought pursuant to a petiti requesting annexation, the property owner shall execu by city stafffor purposes o f record ng. The waiver of the land to be annexed and shall waive all right of pi future special improvement district. (Prior code § 18 Annexation Fee. Property owner shall pay the city's applicable annexation fee request. Annexation Criteria and Requhvments. TION POLICY services shall be extended outside of the as is required for properties and requesting party; 18.76.010(A)); and r sewer service outside ofthe incorporated city services, consent to annexation ofthe property tion may be limited to the property that will � submitted to the city by a property owner a written waiver ofprotest in a forrn approved otest constitutes a covenant that will run with est and judicial review to the creation of any 5.010(B)) the city's consideration ofthe annexation A. The City Council shall consider the following criteria w* it receives a written petition for annexation: a The property must be located within an area annexation or annexation of the property will health, safety and welfare in areas intensely ut governmental purposes; The city must be able to provide adequate city ser% the property owner requesting annexation and the Existing or proposed public improvements w standards.' Ifthe public improvements are not c owner shall provide the city a bond or letter of c costs for the construction of improvements. improvements or to obtain the agreed upon end City of laurel Anne jWon Policy ied by city staff as a Iocation for future city ate orderly growth of the city to protect the for residential, commercial, institutional and within a time period mutually agreed to by the area to be annexed must meet all city ructed at the time of annexation, the property that equals 125% ofthe estimated enginewing the property owner fails to construct the ring, the city shall utilize the bond or letter of credit to pay for the construction, including CMBering; In accordance with GASB -34, the Developer or Landowner shall provide the city th total cost and/or value of the improvements inchx%& but not limited to, parks, sidewalks, cui) and gutter, lift stations, and sewer and water lines, that are conveyed to the city. • All property owners within the area to be annext d must sign a Waiver of Right to Protest the creation of Special Improvement Districts for ez gincering and construction of improvements including, but not limited to, streets, sidewalks, curb and gutter and the creation of a Park Maintenance District, in a farm acceptable and api woved by the city; • All residential property owners mast execute a Improvement Districts for engineering and con to, streets, sidewalks, curb and gutter and the acceptable and approved by the city; • Residential densities within the area to be 7500 or greater, and • The proposed land use within the area to be am Yellowstone City -County Planning Board Growt B. The City Council may decide to either condition the criteria listed in Section A herein or require an annexa be clearly stated in the resolution of annexation or property to be annexed is not developed, the condit include a requirement for. I. A development agreement prior to the 2. A subdivision improvements agreement at applicable and of Right -to -Protest the creation of Special t of improvements including, but not limited � of a Park Maintenance District, in a farm must be rezoned at a minimums density of R. must conform to the goals of the Laurei- noval ofthe annexation in order to meet the i agreement. The conditions of approval must required, the annexation agreement. If the s of approval or annexation agreement shall of a building permit; time of final subdivision plat approval, if 3. An executed Waiver of Right -to -Protest creation of Special Improvement Districts for engineering and construction ofimprovements ' cluding, but not limited to, streets, sidewalks, curb and gutter and the creation of a Park Maintenance District, in a form acceptable and approved by the city. If the property is developed and contains public improvements city shall require an annexation agreement. The annexati improvements must be upgraded and/or installed to city standa finance the construction and installation of those improve improvements must be completed within two years of annexat In any case, all public improvements, whether existing or City of Iauvl Amexation Policy t are not constructed to city standards, the agreement shall specify that the public as well as a time period and mechanism to its. All construction or installation of shall meet city standards. CITY OF ILAURE L9 MONTANA REQUEST FOR ANNE KATION AMID PLAN OF ANNIECATION t with the City Pinlmer -o.rlor to fillinfa out , m)lienti©n. 1. Only parcels of land adjacent to the City of Laurel annexation. "Adjacent to" also includes being aci to be annexed is smaller than one city block in approve consideration of the request; the applican to the city council stating their wish to annex a pa Once the council approves the request, the applicai 2. 3 Applicant landowner's name: Laurel Golf Club Address: 1020 Golf Course Road, Laurel, MT 59044 406.628.4504 Parcel to be annexed: (If it is not surveyed or of F PRIOR to applying for annexation.) Legal description: Certificate of Survey No. 3055 Lot size: —443 acres (annexation area —270 e Present use: Agricultural land and golf course Planned use: Golf course Present zoning:P - Public (Land which is being annexed automatic officially annexed [City ordinance 17.12.2: municipal limits will be considered for ss a public right of way. If the parcel :e (2.06 acres), the city council must must make a separate written request :el of land lessthan one city block in. can apply for annexation. is record, it must be of public record becomes zoned R-7500 when it is 4. City services: The extension of needed city servic s shall be at the cost of the applicant after annexation by the city has been approved. A 3 part of the application process, each of the following city services must be addressed with an explanation: Water Service: Location of existing main: NW Maryland Le Cost of extension of approved service: $72 How cost determined: Engineer's opinion of Timeframe for installation: Spring 2022 Sewer Service: Location of existing main: NW Maryland LE Cost of extension of approved service: $92 How cost determined: Engineer's opinion of 1 at Golf Course Road cost west of Duval Drive cost Timeframe for installation:Spring 2022 How financed: Private Streets: Is there any adjoining County ROW to the annexation:Yes, Golf Course Road Location of existing paved access: West froi Cost of paving: n/a How cost determined: n/a Timeframe for construction: n/a Golf Course Road at Paynes PI ®tiger required improvements: Provide Above information on attached pages. 5. A map suitable for review of this application of the proposed area to be annexed must be submitted with this application. 6. A written Waive of Protest must accompany this Lpplication, suitable for recording and containing a covenant to run with the land to be annexed, waiving all right of protest to the creation by the city of any needed improvement district for construction or maintenance of municipal services. This Waiv r of Protest must be signed by the applicant prior to annexation by the city. 7. Requests for annexations are referred to tb recommendation to the City Council. Within 30 out application with all required accompaniments public hearing, the City -County Planning Board Council as to this Request for Annexation. If applicant during the review of the application incomplete and the timeframe for reporting to the needed. City -County Planning Board for ys after receiving the properly filled id after conducting a duly advertised 11 make recommendation to the City )re information is,needed from the such application shall be deemed ity Council extended accordingly, in 8. A non-refundable application fee of $300 + $25.0 per acre (80 acres or less); $300 + $35.00 per acres (81 acres or more) must accompa , the submission of this application. The City Council of the City of Laurel, Montana, Application for Annexation, found such to be in complied with state code, and approved this request Form revised by City Attorney April 2008 2 after review and consideration of this the best interest of the City, that it at its City Council meeting of AFFIDAVIT OF WAIVER 01 1 PROTEST .BEFORE THE CITY CO JNCEL OF THE CITY OF LAUREL, MONTANA FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF ANY FUTURE SPECIAL IMPROVEMENT DISTRICT, The undersigned hereby waives protest to the annexal City of Laurel. Undersigned also waives their right to seek ju § 7-2-4741 (2007), subsequent to the City's annexation of the The undersigned hereby additionally waives protest to District(s) created and/or formed for future street improvemen curb, gutter, sidewalk and storm drainage or any other lawful This Affidavit is submitted pursuant to and as a pai contemplated Subdivision Improvement Agreement (SIA) with This Affidavit of Waiver shall run with the land and sh transferees, successors and assigns. LEGAL ]DESCRIPTION OF THE PROPERTY: I DATED this day of Grantee Name (Company..) STATE OF ) ss. County of On this _ day of , 20 , personally ap proved to me the person(s) whose name(s) are subscribed to this. instrument, the same. IN WITNESS WHEREOF, I have hereunto set my and`year in this certificate first above written. (SEAL) 1 n of the property described below by the ;ial review under M.C.A. :low described property. creation of future Special Improvement including, but not limited to, paving, of the Annexation Agreement and future e City of Laurel. I forever be binding upon the Grantee, their W red before me, the basis of satisfactory evidence to be acknowledged the he/she/they executed and affixed my Official Seal on the day Public for the State of My Commission Expires: ORDINANCE NO. Q ORDINANCE ADOPTING ANNEXATI® REGULATIONS FOR TEIE CITY OF LAUREL FOR INCORP-0 TION IN CATER 16 OF THE LAUREL MU1MiIC Alt, CODE. WHEREAS, Ordinance No. 007-01 adopted April3, 2007 repealed Chapter 16 ofthe Laurel Municipal Code in its entirety in order to comply with changes adopted by the State of Montana Legislature; and WHEREAS, the repealed Chapter 16 of the Laurel Municipal Code provided for annexation regulations while the newly adopted Chapter 16 of the Laurel Municipal Code did not contain specific annexation procedures; and - WHEREAS, annexation regulations are necessary fr the City ofLaurel to properly guide and monitor growth that is in the best interest of thI citizens; IT IS HEREBY ORDAINED by the City Council ( following chapter is hereby adopted into the LAUREL MU Chapter 16.12 ANNEXAI'IONS Sections: 16.12.010 Annexation. 16.12.020 Annexation Policy, 16.12.030 Annexation Fee Schedule. 16.12.010 Annexation. 16.12.020 Annexation Policy. the City by Council Resolution 16.12.030 Annexation Fee Schedule 18.76.010(D)) This Ordinance becomes effective thirty (3 0) days approval by the Mayor. 008-02 Ordinance Amending Subdivision Regulations - Annexations the City of Laurel, Montana, that the ICIPAL CODE as set forth below. final passage by the City Council and PLANNING BOARD AND ZONING COMM RECOMMENDATION LAUREL GOLD CLUB Annexation and 16itial Zoni March 17, 2022 Applicant: Laurel Golf Club 1020 Golf Course Road Laurel MT 59044 The Laurel Golf Club represents 100% of the land ownership. MCA. (Annexation by Petition). Request: Laurel Golf Club. The Club, representing 100% of the ownersh of Laurel for Annexation of approximately 270 acres of prop initial Zoning Designation of Public (P) for concurrent review. Annexation pursuant to §7-2-4601 et. seq. ip of lands involved, has Petitioned the City erty adjacent to the City of Laurel with an The subject property is generally described as that portion of ection 7, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, generally lying North of the Big Ditch but does not include the Golf Course Maintenance Facility. An annexation Exhibit, which is incorporated into this report by reference, has been submitted in support of the Petition and Requested Initial Zoning. Process: An earlier submitted version of this request with a smaller la d area being annexed with an initial zoning designation of R-7500 has been withdrawn and will not be considered further as it has been replaced by this petition and initial zoning request. The annexation petition and requested initial zoning has bee i heard at a public hearing by the Laurel — Yellowstone City County Planning Board and Zoning Commis ion on Wednesday, March 16, 2022. The annexation petition and requested initial zoning will be pres nted to the Laurel City Council at a Work Session on April 5 and a public hearing and potential action on April 12, 2022. Analysis of the Request ➢ The Laurel Golf Club represents 100% of the land ownership involved in the petition. ➢ The Laurel Growth Policy does not designate the property as a 'growth area' of the city. ➢ The current use of the property is agricultural, recreational, and has a commercial use (Restaurant, Bar, Clubhouse). 1a The requested zone City Public (P) provides for a variety of uses and is consistent with the requirements of R-08-22 that lands embraced by the city be assigned R-7500 or greater. The subject property currently is presumed to be zoned County Public or is un -zoned Yellowstone County. Part 46 annexation requires that the land use designation be 'consistent with the prevailing use of the property, consistent with the prevailing County Zoning Assignment, and/or consistent with the current growth policy'. The annexation by petition thresholds for annexation of Agricultural properties must be adhered to. In addition to the recreational and commercial uses of the property, a significant area of the lands would be considered as prime development property with the extension of urban scale services. In addition to the extension of urban scale services the City Zoning provides options for development that are not available to rural properties. These options include but are not limited to Planned Unit Developments The initial zoning must be considered under City Resolution R-08-22 (Annexation), the Laurel Municipal Code Title 17 (Zoning). The question of annexation and initial zoning must a heard by the Laurel — Yellowstone City County Planning Board and Zoning Commission prior o consideration by the Laurel City Council. Is the requested annexation and initial zoning in the est interest of the City and Citizens of the City of Laurel. Any further development beyond the clubhouse will be required to do an analysis of the ability of the city to supply water and sanitary sewer to the deelopment and pay for any associated costs to expand the city utility infrastructure. The city cannot supply irrigation water for the golf cogrse. Findings: ✓ The subject property is adjacent to the City of Laurel. ✓ The restrictions imposed on cities related to the annE 46 have been met or exceeded. ✓ The City Council is not required to submit the questic the area to be annexed as the petition is signed by 1C ✓ The city may annex the agricultural properties as 10C the city for annexation. ✓ The driver for the annexation request is the desire o Clubhouse. The existing onsite water and sanit; requirements of the Montana Department of Env! clubhouse facility. ✓ The clubhouse facility incorporates on premise alcohi Laurel Zoning classifies these uses as 'Commercial' The only district that contemplates the proposed nE zoning and then only in association with the recreati entirety of the golf course is included in the petition f ✓ The golf course was not included as 'future growth an of Laurel because the property has been used for properties with existing facilities that did not need, w 2 of agricultural properties under Part of annexation to the qualified electors of 6 of the owners. of the ownership of same has petitioned the Golf Course to construct a new larger ry facilities do not meet the minimum 'onmental Quality for the proposed new consumption and a restaurant the City of d subject to Special Review proceedings. use as a permitted use is the Public (P) ial facilities. It is for that reason that the annexation and initial zoning. in the Growth Policy adopted by the City gricultural production or as recreational it, or desire to be included within the city. This all changed with the proposal to construct the i that the onsite facilities were not approvable. ✓ The decision to not include the golf course and associ the city being unwilling to consider annexation, furt Laurel to the west but rather an acknowledged of the the rights afforded to landowners or certain classifies clubhouse and the DEQ determination ited operations should not be construed as ier development, or growth of the City of restrictions imposed by Montana Law and lands. ✓ The golf course itself is not being forced to be annex4d into the city. The golf course is required to obtain the benefits of the Public Zoning assigment to provide for the operation of a restaurant/tavern as a permitted use. ✓ The proposed assignment of Laurel P meets all the st and zoning assignment. ✓ The Laurel P Zone is listed along with Commercial therefore determined to be a "greater than" R-7500 c ✓ The extension of city services will be at the owner's e) Annexation Agreement as approved'by the City Cour waive certain 'required' improvements where full -s currently being contemplated. Frankly, the reqs improvements contemplated by R-08-22 is not in the the Owner at this time. ✓ The City Zoning provides options for development tha options include but are not limited to Planned Ur exactions of infrastructure are most beneficial to the ( properties in conjunction with the proposed develop ✓ The Laurel Golf Club has existed at this location and c be one of the premiere golf venues in the State of Mi the City of Laurel and the Ownership of the Golf Clul future growth and development potential of the prol ✓ The city has the ability to provide services to the club] development will require additional analysis on the any, capital improvements are necessary to accommi ✓ The City of Laurel does not have the ability to provide not anticipate the ability to provide same in the futui ✓ Given the lack of data to support annexation that v commercial development and the requirement of th a favorable recommendation from Public Works on t 12 Point Test for Zoning: Is the zoning in accordance with the growth policy; • The proposed zoning is consistent with the prevailing • The Growth Policy identifies a portion of the propose • The golf course itself is classified as open/agricultural • Resolution R-08-22 requires zoning assignment at am • The Public Zone being classified with the Commercial 'greater than' R-7500. Finding: The requested zoning is in accordance with the Growth Pi requirements of Part 46 annexation Industrial land use assignments and is assitication. ense (R-08-22) and in accordance with the il. In this agreement the City Council may fle development of the properties is not rement of the construction of all the est interests of either the City of Laurel or are not available to rural properties. These t Developments. These options and the rvner, the City of Laurel, and all surrounding lent of the property in the future. mership since the 1960's and has grown to itana. While change is sometimes difficult are the best custodians of the current and !rty. )use both existing and proposed but future art of the developer to determine what, if additional development. water for the golf course and does uld provide for significant residential and city to guarantee the provision of services request could not be obtained. my zoning on the property. annexation as Public. n at R-7500 or greater. Industrial zones meets the definition as Ilicy. II. Is the zoning designed to lessen congestion in the st • The proposed zoning is consistent with the prevailin • The proposed zoning along with the annexation agi the underlying use of the property. • The Public zone does not allow for additional develo • Proposed development that would potentially impi impact analysis and associated improvements. Finding: The requested zoning will not have a material impact on III. Is the zoning designed to secure safety from fire, par • The proposed zoning is consistent with the prevailing • The Growth Policy identifies a portion of the propose • The golf course itself is classified as open/agricultura • The construction of a new clubhouse facility that con Code will unquestionable be safer than the existing f County zoning on the property. ement with the developer will not change ent of the property. roads and streets would require a traffic on in the streets. c, and other dangers; County zoning on the property. I annexation as Public. plies with the current International Building icilities. Finding: The requested zoning will not have a material impact o safety from fire, panic, or other dangers. IV. Is the zoning designed to promote health and the gei • The proposed zoning is consistent with the prevailing • The Growth Policy identifies a portion of the propos( • The golf course itself is classified as open/agricultura • The construction of a new clubhouse facility that con Code will unquestionable be safer than the existing f • The connection of the facilities and properties at the water and wastewater systems will have positive iml eral welfare; County zoning on the property. I annexation as Public. es with the current International Building ities. e of development to the Laurel municipal :s to public health and general welfare. Finding: The requested zoning will promote the public health an the general welfare. V. Is the zoning designed to provide adequate light and • The existing zoning imposes building setbacks, h( buildings on a single parcel, and reasonable area limi • The current proposal, Public, does not provide for i tertiary approvals for zoning and subdivision will be i • The existing development has more than adequate s Finding The requested zoning will provide adequate light and ai VI. Is the zoning designed to prevent the overcrowding ( • The existing zoning imposes building setbacks, he buildings on a single parcel, and reasonable area limi • The current proposal, Public, does not provide for n and tertiary approvals for zoning and subdivision will • The existing development has more than adequate s, Finding: The proposed zoning will prevent the overcrowding of I; 4 r; ht limits, limits on the number of on new development. ;idential or commercial development and ecessary. from surrounding uses. land; ht limits, limits on the number of on new development. idential or commercial development e necessary. iaration from surrounding uses. nd. VII. Is the zoning designed to avoid undue concentration of population; • The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development. • The current proposal, Public, does not provide for residential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate separation from surrounding uses. Finding: The proposed zoning will prevent the undue concentrati n of population. Vlll. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; • The zoning has primarily been requested to facilitate the construction of a new golf club house facility. • The requested zoning, without some overlay or moci ication, will not necessitate the installation of new or additional infrastructure. • It is anticipated that a significant portion of the prope y being annexed will be further developed. It is at that point the additional infrastructure as well s capacities will be evaluated. • Where the primarily open space use of the property m ill not be changed the demands of schools, parks or other public requirements will not be impacted. • Some of the public duties, such as police, will shift from Yellowstone County to the City of Laurel but the net effect is minimal. Finding: The requested zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Additionally, as the uses of the property change and the intensity of development changes, the city will be able to plan for and be prepared for the anticipated increased demands on their public systems. IX. Does the zoning give reasonable consideration to the character of the district and its peculiar suitability for particular uses; • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club and additional development is not anticipated in the near future. • The water and sewer infrastructure proposed with the annexation is adequate for the new club house facility. Finding: The requested zoning is in keeping with the characterand historical uses of the property. It also provides for opportunities for additional development with suitable uses. X. Does the zoning give reasonable consideration to the peculiar suitability of the property for its particular uses; • The requested zoning is essentially a replaceme it of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laur d Golf Club and additional development is not anticipated in the near future. 5 The water and sewer infrastructure proposed club house facility, the annexation is adequate for the new Finding: The requested zoning is in keeping with the character nd historical uses of the property. It also provides for opportunities for additional development With suitable uses. XI. Will the zoning conserve' the value of buildings; o The extension and availability of public water and sewer resultant from annexation and initial zoning will add value to buildings as they can be expanded replaced and new buildings potentially added in the future. o Where the underlying zoning is a replacement of County for like City, it is not anticipated that there would be any effect on the value of surrounding buildings or lands. Finding: The value of existing buildings both on and adjacent tot the requested zone will either be enhanced or not effected by the proposed zoning. XII. Will the zoning encourage the most appropriate use • The requested zoning is essentially a replacement of compatible. City Zoning District. • The property is owned and operated by the Laurel G anticipated in the near future but when development well. as land uses will be vetted via an open public prc land throughout the municipality? e existing County Zoning with the closest ` Club and additional development is not proposed the adequate infrastructure, as Finding: The requested zoning provides for the most appropriate use of land in the municipality. It also provides for a significant amount of flexibility for a mixt ire of uses as contemplated by the District Regulations. Conclusion: The Laurel — Yellowstone Planning Board and Zoning Comrr annexation into the City of Laurel with the initial zoning assigns with the requirements of Part 46 Annexation and City Cour annexation, extension of services, and initial zoning assignme Laurel and the Laurel Golf Club and should be approved by the For the Planning Board and Zoning Commission dy Gol sby ,Ch fl 9 ission recommends that the petition for nent of Public (P) appears to be consistent cil Resolution. R-08-22. Additionally, the nt in the best interest of both the City of City Council at its earliest convenience. CITY OF CITY/COUNTY P] WEDNESDAY,] UREL TNING BOARD 11CH 16, 2022 A regular meeting of the City/County Planning Board was held in the Council Chambers and called to order by Board Chairperson Judy Goldsby at 5:35 O.m. on March 16, 2022. Present: Jon Klasna Evan Bruce Roger Dan Koch Judy Goldsby Ron B Karen Courtney (City of Laurel) Absent: Gavin Williams General Items Meeting Minutes: February 16, 2022 Motion by Evan Bruce to approve minutes of Ff members present voted aye. Motion carried 5-0. New Business - Firebox Kitchen (5:40) 16, 2022. seconded by Dan Koch. All five Karen Courtney, Building Official, briefly reviewed tl�e attached Staff report. Chair, Judy Goldsby opened for public hearing. Aske for proponents. Dana Lich — Has worked with Canyon Creek Stationn properties and they have been above par in quality and feels that it will be a definite asset to our clommunity. Therefore, is in favor of approving. Chair, Judy Goldsby called for opponents. There Called for Board discussion. Jon Klasna: Will signage be brought forward later? Judy Goldsby: This special review is for the Tap re Jon Klasna motioned to approve application; Evan Aye. Motion carried 6-0. Forrest Sanderson, Interim City Planner, presented Question from Ron Benner: You are stating initial However also shows public below the redline: Forrest: City Public zone above the red line and curre: Does not affect the Yellowstone County Public at all. none. and signage will be forth coming. seconded. All six members present voted staff report. of Public above the redline on the map. County Public zoning below the redline. Chair Judy Goldsby asked if any further questions. stated, Chair called for proponents. Jesse Norman — 2445 Saddleback Drive — Thanked Forrest for presentation. Golf Course Board discussed the per square foot valuation and it was a concern of the board. The board also wanted to ensure that annexation would not affect the golf course's water rights on any of the ditches they currently have. Also, that the waiver or covenant would not be required and would be part of the development agreement, which he believes as written by Sanderson Stewart in documents the Planning board currently has in their packet. If we commit to keeping the golf course itself and property associated with the golf course as a golf course, that the City of Laurel does not apply any SIDS as the property is remaining as a golf course. If it was ever decided to discontinue the property as a golf course and develop it, then the city applying SIDS to the property would be understandable. There are no plans currently nor in the near future to evelop this land. Intent is to keep it as a golf course. Question from Judy Goldsby: All of those issues hav� been addressed in the annexation request? Forrest: Yes, all of those are a part of the annexation greement, the final form of which will be presented to the City Council for consideration. Ultirr ately those are terms that are negotiated. The commit to not do SIDS are not in the current version, hat is, something that must be discussed with City Council. Judy: Is the application that has been submitted to the board inclusive enough of these issues or does is it something that needs to be resubmitted? Forrest: No, they are inclusive enough of the issue. T e question that is being asked that is a governing body decision, is the SID. It is unnecessary to what is being decided here for annexation request and initial zoning designation. Forrest did request to hold questions until all public cmment has been taken, however is willing to answer one more from Mr. Benner. Ron Benner: When looking over the agreement I don t see an easement along Golf Course Road. Is there already an easement in place if that road needs t be widened due to development? If so, shouldn't it be in this agreement? Forrest: Very good question. The owner is 100% for access to their property. Ron Benner: But if they are requesting to be annexed the annexation? Clarification between Forrest and Ron that this is access road. Forrest: We would request. that at subdivision, should plan it isn't necessary to request for annexation. Ron Benner: When we have annexed properties into time. and have the right to do with it as they wish the city shouldn't that be a requirement of Course Road that Ron is meaning not the ever occur. Until we have a development city we have asked for easement at that Forrest: The only ones that I have worked on is when Idevelopment, subdivision and annexation have come at the same time. Most recently was the Yard O face Road Subdivision where we had annexation, subdivision, and initial zoning all at the s me time. The easement was part of it due to the increased traffic from the development, is that the case here today? Probably not, we could request but is not necessary for this annexation reque t. Benner: There has been development out there with and the planned extension of West Maryland there N Forrest: From a developer's point of view — why that I would not be benefitting from? The constit existing infrastructure being Golf Course Road v Benner: Worry about having to come back and argu development is. My thought is if we are going to do this is a P -Zone, that easement should be in there aul easement all over town. When do we stop doing this Forrest: Through the development process, the devc impact study. At that point the traffic study will tell the burden on infrastructure and the improvements i condition an exaction that meets those needs. Benner: If development grows up above the golf put the easement on there now and not later? Bec easement. Forrest: True. You can certainly make that a co exaction where an impact has not yet occurred. Chair Judy Goldsby called for proponents. Brian Alexander — Sanderson Stewart — I felt Forrest services to answer any questions. Also, on the topic c already a thirty-foot easement located on the current Benner — So it runs along the property on Golf Brian — Yes on the golf course side from the middle :na Subdivision, Saddleback Ridge Estates, need to be widening of the roadway. .d I have to give up property for something d ground that they have not burdened the exempt the requirement to request easement. it later because we do not know when the and look at this as a growth area, even though matically because we have hodge-podges of nd start to address it right from the start? gable portion of this is going to trigger a traffic the needs of that portion of real property and ded therewith, and then we can impose by ;e this area is still impacted. Isn't the time to later we will have to go back to get that but I don't recommend it. I struggle with an id a wonderful job presenting this, I offer my the easement, I wish to clarify that there is ,rtificate of Survey. Road? the road. Chair Judy Goldsby called for any more proponents. one heard. Chair Judy Goldsby called for any opponents. Called three times. None Heard. Closed public hearing. Chair Judy Goldsby called for a motion. Forrest apologized for the interruption, but he does ha e a request for the wording of the motion, and he is happy to explain the reason for this. For this to proceed to City Council for approval in a timely fashion, there are three specific things that must be stated to allow for this to happen. The three things that need to happen and the motion covers these is as follows: The favorable recommendation on annexation, favorable recommendation on the pu to empower the board chair the authority to execute Council. Ron Benner: I motion to approve the staff report on 1 zoning as our findings of facts and conclusions of La annexation of the Laurel Golf Course property as de; Title 7-2-4601 of the Montana Code Annotated with includes authorization from the Planning Board and execute and forward all recommendations and docun and decisions required of the Laurel City Council. John Klasna seconded. Jon Klasna: I do have a question for Forrest. You shop area of the property. zone and thirdly we need to have the board recommendations and documents to the City Laurel Golf Course Annexation and Initial Further I move to recommend the gibed in the afore mentioned staff report under i initial zoning of Laurel P -Public. The motion ening Commission allowing the Chair to nts necessary to facilitate the required hearing that this does not include the maintenance Forrest: you are correct that the golf course maintena ce facility is not included in the annexation. The simple reason is that the maintenance facilities at golf courses tend to have noise and uses that in cities could be classified by municipalities as a nuisance. It's not a nuisance it's maintenance, lawn clippings, sharpening mower blades, etc. Roger Giese: The last sentence in the motion "The in Board and Zoning Commission allowing the Chair to documents necessary to facilitate the required hearing Council." Would that include from previous discussic Forrest: Lets clarify there is a county road easement - of annexation that 60 feet will become City of Laurel cause for this ask, the developer of the project causing then act on that ask. That last sentence is allowing for workshop if 5 April, public hearing 12 April. If we w. move forward, we are into the heart of building seaso; the wait time to get this into the hands of the decision approval of annexation and initial zoning. Chair asked for any further discussion. There is a request. All those in favor? All six members present voted Aye. Motion passes Announcements Next Meeting: April 20, 2022 Adjourned at 6:25 p.m. tion includes authorization from the Planning ;xecute and forward all recommendations and and decisions required of the Laurel City i the widening of Golf Course Road? Golf Course Road. Within the confines street. At some point in the future if there is a the need for a greater right of way, we will is to move forward, the next City Council t until next meeting to grant Judy approval to . This allows us to take about 3.5 weeks out of nakers to make their decision on final and a second to approve the annexation