HomeMy WebLinkAboutCity/County Planning Board Minutes 05.05.2011 MINUTES
LAUREL CITY - COUNTY PLANNING BOARD
MAY 5, 2011 7:00 PM
CITY COUNCIL CHAMBERS
Members present: Kathy Siegrist, Chairman
John VanAken, County Rep.
Greg Nelson, City Rep.
Don Brown, City Rep.
Judy Goldsby, County Rep.
Dan Koch, City Rep.
Others present: Heidi Jensen, City Planner
Cheryll Lund, City Secretary
Ron Elkin, NAI Property
John Kaiserman, 406 Cedar Ave., Laurel
Craig May, Colstrip
Chairman Siegrist called the meeting to order at 7:05 pm.
The Minutes of January 6, 2011 were presented. A motion was made by Dan Koch,
seconded by Judy Goldsby and carried by a vote of 6 -0.
Public Hearing — Zone Change for 215 S. 4 Street — Siegel Mini Storage
Chairman Siegrist read the rules for public hearing and opened up the public hearing.
Planner Heidi Jensen spoke regarding the application. (see attached staff notes)
The William Siegel Living trust submitted a zone change /land use variance to allow for
the zoning on the property located at 215 S. 4 Street, to be corrected for sale purposes.
The property contains storage units that were there prior to the City of Laurel
implementing residential limited multi - family zoning in 1979 with no consideration of
the existing usage. The request is to change the zoning on the storage unit lots (Lots 1 —
8 of Block 24 and Lots 15 — 20 of Block 25 together with that part of vacated alley and S.
3rd adjoining) from residential limited multi - family to community commercial. The home
and garage on the property will remain zoned residential limited multi - family (Block 25,
Lots 11, 12, 13 and 14).
Heidi stated that if the Planning Board approves the zone map amendment/land use
variance the following conditions are suggested:
1. Applicant shall apply for a building permit and comply with all zoning prior to
construction on the property.
1
2. Applicant shall perform normal upkeep and maintenance of the premises to
maintain a neat and tidy appearance, and control for noxious weeds.
3. Applicant shall apply for a sign permit to be obtained from the City of Laurel
prior to modification of any existing or new signage on the property
4. Applicant shall contain all storm -water on the premises.
Heidi stated that the required advertisements and adjacent property owner notifications
were made 15 days prior to the public hearing, as required. There were 2 letters received
from property owners; one in favor of the zone change and one in protest (attached).
Copies of the letters have been given to the agent representing the William Siegel Living
Trust.
Proponents:
Ron Elkin of NAI Business Properties, 3312 4 Avenue North, Billings, Montana ,passed
out a map showing which property they are requesting a zone change on. (see map
attached to minutes) He is the authorized agent representing the property owners,
William Siegel Living Trust.
Ron has been a real estate broker since 1974. He was brought into this property in
December by the current owner from Seattle, Washington. The current owner is unable
to sell the property because the bank will not authorize a loan without the proper zoning.
He stated that the 23 storage units were built in 1977 prior to zoning which came about in
1979. In 2002 an additional 20 units were constructed and at that time the correct zone
should have been implemented, but it was not. Ron feels that at this time this needs to be
zoned correctly because there is an interested party wanting to purchase the property.
Mr. Elkin stated there will be no effect on the neighbors because there will be no changes
made to the property that the house and garage set on. They are only asking for the zone
change on the property that mini- storage sets on.
Mr. Elkin addressed the letter from John Kaiserman. Mr. Kaiserman's letter indicated
that he has no objection to the north portion of the property zone change request
(currently the mini storage) to commercial zoning however he did object to changing the
zone of the house and garage from residential to commercial. The owner of the property
is requesting that the zone change be only for the mini storage, not the house and garage.
Mr. Elkin addressed the letter of protest from Bob and Betty Saxbury, 416 Maple Ave.;
and, Keith and Kirsten Weatherford, 411 Cedar Avenue. They are concerned that the
house and garage could be demolished and rebuilt into a commercial business which, in
their opinions, could have a negative impact on the residential area in terms of additional
traffic which would then cause poor street conditions.
Mr. Elkin stated they are only asking for a zone change on the property housing the mini -
storage business. So the protest becomes a benign issue.
2
Mr. Elkin went on to say that there would be no benefit for anyone to buy the mini -
storage facility and tear it down and rebuild a different type of business. It would not be
cost effective to do so.
At this time Mr. Elkin asked if there were any questions by the board.
A question was raised on what would happen to the property to the East (Fink's
property).
Mr. Elkins stated that it would not be affected because it stays residentially zoned.
A question is asked on what happens if someone requests a zone change in this same
neighborhood in 10 years, and requests to change the zone of their property to
commercial.
Heidi Jensen stated that they would request a zone change and it would go before the
Planning Board, a public hearing and board review just like this application.
Mr. Elkin stated that this is just a correction of zoning that should have been done many
years ago. The City should want this to be corrected as well because there is no impact
on any citizen or neighbor.
Judy Goldsby asked how much could be expanded on the lot.
Heidi stated that it has to stay within the maximum lot coverage requirement of the
zoning.
Proponents:
John Kaiserman, 406 Cedar Ave., spoke in favor of the zone change. He went on to say
that the only thing he has to say is that he has no objection to the north portion of the
zone changing going to commercial. He sees more traffic generated by Community Hope
than he does by the mini storage business. He does not find the traffic caused by
Community Hope irritating.
Opponents:
Chairman Siegrist asked 3 times if there were any opponents. There were none.
The public hearing was closed at 7:25 pm.
Board discussion:
Greg Nelson stated that he does not see a big problem with this zone change. It should
have been taken care of many years ago and feels it's probably the board's responsibility
to take care of it and get it done.
3
Greg went on to say that he visited the property and said that there is no room for any
expansion that would create a problem. There is really nothing more that could be done
with that lot. He might be able to squeeze a couple more little units in but for the cost of
building those units versus what he will get (money -wise) for doing that, it is probably
not worth it.
Motion by Dan Koch, that the zoning be changed from residential multi - family to
community commercial on East Yellowstone Subdivision Lots 1 -8 of Block 24; Lots 15-
20 of Block 25; and, together with that part of vacated alley and S. 3rd Street adjoining.
The motion was seconded by Judy Goldsby.
Dan Koch amended the motion to: that the zoning be changed from residential multi-
family to community commercial on East Yellowstone Subdivision Lots 1 -8 of Block 24;
Lots 15 -20 of Block 25; and, together with that part of vacated alley and S. 3` Street
adjoining. With the addition of the staff suggested actions on the Staff Report written by
City Planner Heidi Jensen. The motion was seconded by Judy Goldsby and passed by a
motion of 6 -0.
Discussion and Recommendation to County Commissioners for Fritzler and Siegrist
appointment to County Representatives:
There was a short discussion on recommending the appointments of Richard Fritzler and
Kathy Siegrist to County Representatives to the Planning Board.
After the discussion a motion was made by Dan Koch and seconded by John VanAken to
recommend both Richard Fritzler and Kathy Siegrist for appointment as County
Representatives for the Planning Board. Motion passed by a vote of 6 -0.
Discussion on what direction the Board would like to see the Planning Department
go
Heidi told the board that Jerry Gerbenc from the Department of Commerce contacted her
recently. He would like to come visit with the Board about our Growth Policy Plan. At
this time the City's Growth Management Plan is outdated and the City is not eligible for
any community development grants. So, this is a must to update.
It was decided that the board would meet on Thursday, May 12, 2011 at 6:00 pm in the
Council Chambers. Cheryll will send out an email as a reminder prior to the meeting.
Dan Koch asked Heidi to give a brief overview of the Laurel Transit (Bus) Service.
Heidi stated that she has been working hard on keeping the bus service viable. She is
working with TAC (Transit Authority Committee) to come up ways to up the ridership
and make it affordable. She is also working on getting a van pool to Billings up and
4
running and also a voucher system that would be done on a contract basis with local
businesses and/or church organizations.
The service is in Laurel on Monday — Friday 10:00 am to 4:00 pm and is a door to door
service within the city limits and also 1 -mile out of the city limits. On the 1St and 3 rd
Tuesdays of the month the bus goes to Billings from 1:30 pm to 5:00 pm. At this time
the fees are $2.00 in Laurel and $6.00 to Billings.
Advertising the bus service and getting the word out to the residents has been difficult
and the staff is working on better ways to do so. There has been an article in the Laurel
Outlook and the most recent Laurel Voice. The current bus driver is also passing out
flyers and posters to the local businesses and churches.
Heidi encouraged the board to attend the next TAC meeting which will be held on
Wednesday, May 11, 2011 at 9:00 am in the Council Chambers.
There was a brief discussion on other miscellaneous projects having to do with TIFD
money, CTEP money and the trees planned to be put into the sidewalk project on Main
Street.
Setting a New Meeting Time
Heidi asked the board to consider setting all future meetings to an earlier start time of
6:00 pm. Because she was not able to find housing in Laurel she lives on the west end of
Billings. It would be easier for her to meet earlier than 7:00 pm.
A motion was made by Dan Koch and seconded by Judy Goldsby to set the future
meeting times to 6:00 pm. Motion was carried by a vote of 6 -0.
The meeting was adjourned at 8:10 pm.
Respectfully submitted,
Che 1 Lund, Secretary
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LAUREL CITY -COUNY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City - County Planning Board
FROM: Heidi Jensen, Laurel Planner
RE: 215 S 4 Street Zone Map Amendment
HEARING
DATE: May 5, 2011
DESCRIPTION /LOCATION:
The William Siegal Living trust submitted a zone change /land use variance to allow for the
zoning on the property located at, 215 S 4 Street, to be corrected for sale purposes. The
property contains storage units that were there when the City of Laurel implemented zoning in
1979. The request is to change the zoning on the storage unit Tots from residential limited
multi - family to community commercial. The home on the property will remained zoned
residential.
The property is located in an area currently zoned residential limited multi - family and will
be changed to community commercial and legally described as Block 24 Lots 1,2,3,4,5,6,7 and 8
and Blocka75 Lots 15, 16, 17, 18, 19 and 20 of East Yellowstone Subdivision to the City of Laurel
in the City of Laurel, Yellowstone County, Montana, according to the official plat on file in the
office of the Clerk and Recorder of said County, under document #10835. Together with that
part of vacated alley and south third adjoining, which attached to said land by operation of law
upon vacation. The property is commonly referred to as 215.5 4 Street.
STAFF FINDINGS:
1. The property owners have submitted a zone change /land use variance to "...correct the
incorrect zoning to reflect the commercial usage. Such a zoning correction is required in
order for the owner to sell the property."
2. According to chapter 17.60.020 of the Laurel Municipal Code (LMC) the zoning
commission may not recommend granting a zone change /land use variance when they
find:
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 Toss 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.
3. As per the requirements of LMC 17.72.070 a public hearing on the matter shall be held
before the zoning commission before being heard at the Laurel City Council. As per B. of
the section public notice was published in the Laurel Outlook and adjacent property
owners were notified by certified mail more than 15 days prior to the public hearing.
4. The attached exhibit marks the areas of which the request is being made.
5. As per LMC 17.72.060 the zoning commission shall make a recommendation to the City
Council to:
•
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
STAFF SUGGESTED ACTIONS:
If the Planning Board approves the zone map amendment /land use variance the following
conditions are suggested:
1. Applicant shall apply for a building permit and comply with all zoning prior to
construction on the property.
2. Applicant shall perform normal upkeep and maintenance of the premises to maintain a
neat and tidy appearance, and control for noxious weeds.
3. Applicant shall apply for a sign permit to be obtained from the City of Laurel prior
modification of any existing or new signage on the property.
4. Applicant shall contain all storm - water on premise. .
Attachments:
Exhibit A: Application Submittal
• i
ZONE CHANGE/LAND USE VARIANCE
PETITIONER MUST BE PRESENT AT HEARINGS.
•
The undersigned as owner or agent of the following described property requests a Zone Change/Land
Use Variance as outlined in the city Zoning Ordinance: .
From: Residential Multi Family – Restricted
To: :: Community Commercial Zone
1. Legal Description of property: SEE ATTACHE D
2. General location: Bounded by Cedar Ave. on the west
and S. 4th St.. to the north
3. Proposed use: Existino mini - storage use and
si ■ - f- ' r- 'den _e w' h . -rage
4. Owner(s): Wi 11 iam Rigoal I ivinQ Trilat
- (Recorded owner)
,
215 S 4th St., Laurel, Mt 50944 . -
(address)
•
628 - 4759
(phone number)
5. Agent(s): • Ron Elkin, NAI Business Properties
3312 4th Ave N, Billings Mt 59101
(address)
670 -8935
(phone number)
9. Covenants or deed restrictions on property: Yes No X
I understand that the filing fee accompanying this application is not refundable, that it pays the cost of
processing, and that the fee does not constitute a payment for a Z • • e Change/ Land Use Variance. Also,
that all the information presented ' true and c. Ir.
r >�
D V:6-g-!: afore t� lam � Date �—E /�/
D to Paid ���' / _ `'
2 2011 City of Laurel, 115 W. First Street, Laurel, Montana 59044
MAR 2 1 A1 IREL
Legal Description of property:
Block 24: Lots 1, 2, 3, 4, 5, 6, 7 and 8
Block 25: Lots 15, 16, 17, 18, 19 and 20
of East Yellowstone Subdivision to the City of Laurel, in the City of Laurel, Yellowstone
County, Montana, according to the official plat on file in the office of the Clerk and Recorder
of said County, under document #10835.
TOGETHER with that part of vacated alley and South Third Street adjoining, which attached
to said land by operation of law upon vacation.
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Via I ighlighted Alta TAX la. B01371
Yellow Highlighted Area = Tax ID: B01373
Income Expense Proforma
215 South 4th Street, Laurel, MT
MINI - STORAGE INCOME & EXPENSE PROFORMA •
A. Building #1 (built 1977)
3 Units (9'x12') @ $40 /month $ 1,440
3 Units (12'x12') X $50 /month $ 1,800
17 Units (14'x22') @ $75 /month $ 15,300
23 Units $ 18,540
B. Building #2 (built 2002)
8 Units (8'x10') @ $35 /month $ 3,360
20 Units (12'x20') @ $60 /month $ 14,400
28 Units $ 17,760
C. Total Gross Income $ 36,300
10% Vacancy Factor $ 3,630
$ 32,670
D. Additional Income: Yard Storage @ $150/Month $ 1,800
$ 34,470
E. Operating Expenses
•
NWE - Electricity $ 230
Property Taxes $ 4,196
Insurance $ 1,500
Management $ 3,000
$ 8,926
F. Net Operating Income $ 25,544
Capitalized @ 9.15% $ 279,000
II RESIDENCE WITH GARAGE AND APARTMENT
Comparative Sales Market Analysis
(Prepared by Daniel Klein, Realtor @
A Haus of Realty, Inc., December 30, 2010): $189,900
III COMBINED VALUE /ASKING PRICE $ 468,900 •
M 1
456 -.Q
Fax 406256 -9494
NA! WATS 800/900.2201
BUSINESS PROPERTIES URL http:lA,twthusinessixqlar„
COMMERCIAL REAL ESTATE SERVICES, WORLDWIDE 3312 4th Ave. COMMERCIAL •
Wings, MT 59101
March 22, 2011
The City of Laurel
Heidi Jensen, City Planner
PO Box 10
115 W First
Laurel, MT 59044
To Whom It May Concern:
The request for a change of zoning for Block 24, Lots 1, 2, 3, 4, 5, 6, 7 and 8 and Block
25, Lots 15, 16, 17, 18, 19, and 20 of East Yellowstone Subdivision together with that
part of vacated alley and South Third Street adjoining, which attached to said land by
operation of law upon validation, is necessitated by the following facts:
1. The above described property is currently zoned Residential Multi - Family
Restricted.
2. A 23 -unit mini- storage facility was built in 1977.
1111
3. The City of Laurel first adopted zoning regulations in 1979. •
4. A second 28 -unit mini - storage facility was built in 2002 for which a building
permit was issued.
The owner of both storage facilities desires to correct the incorrect zoning to reflect the
commercial usage. Such a zoning correction is required in order for the owner to sell the
property.
The owner has submitted all necessary documentation along with the required $1,150 fee.
The City Attorney, Sam Painter, has recommended the change in zoning be granted.
Sincerely,
Ronald H. Elkin •
Principal
Agent for Petitioner
•
In over 300 Market Worldwide: NAI America NAI Asia Pacific NAI Canada NAI Europe NAI Latin America
FOR SALE
•
MIxed Use Income Investment Property
215 South 4 Street, Laurel, Montana
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• 1,533 Square Foot single family residence
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• 1600 Square Foot garage/shop with two
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• Asking Price. $468,900 (see reverse)
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Local 256.5000 TF 800.900.2201 I ; L
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Information shown herein was provided by the Seller/Lessor and/or other third parties and has not been verified by the broker unless otherwise indicated
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May 5,2011
We object to the requested zoning change from Residential Limited Multi -
Family to Community Commercial on the property at 215 S. 4th Street,
Laurel, Montana. As residential neighbors to the mentioned property, such
a change would have a negative impact on us. If the zoning change were to
be approved, the existing structure(s) could be demolished and replaced
with a number of other commercial facilities that would have a negative
impact on a residential area. The additional traffic flow alone that would
come with such a business could not be accommodated by the narrow
streets of this residential area. The area streets are already in poor
condition, and the increase in traffic would cause the streets to continue to
deteriorate. The street repairs that would become necessary would cost both
the city and the taxpayers additional money. The decrease in area traffic
safety would be tremendous. The decrease in residential property value that
would be incurred with the zoning change places undue hardship on the
nearby residents, many of whom are either elderly or are young families
trying to raise children. Decreasing their residential property values would
have a lasting impact that these individuals may not be able to overcome.
Due to the above listed negative implications, the requested zoning change
has a much larger negative impact on a greater numbers of individuals than
the property requesting such change warrants.
Keith and Kirsten Weatherfor -A. -/_ —
411 Cedar Ave
Laurel, MT I i�
ea,t---,} •' r _
Bob and Betty Saxb
my
416 Maple Ave E@ E f W E
Laurel, MT \� \
MAY - 5 2011
CITY OF LAUREL