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HomeMy WebLinkAboutResolution No. R25-21RESOLUTION NO. R25-21 RESOLUTION OF CITY COUNCIL APPROVING FINAL ANNEXATION, RIGHT- OF-WAY DEDICATIONS, AND ZONING FOR APPROXIMATELY ONE ACRE OF PROPERTY ADJACENT TO THE CITY OF LAUREL, AS AN ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA. WHEREAS, a Petition for Annexation and Concurrent Zoning Designation was submitted to the City of Laurel by Lance Hull, who is the property owner (hereinafter "Petitioner") of certain real property situated in Yellowstone County, Montana; WHEREAS, the real property is generally described as that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel Al Less Herman Addition., Yellowstone County, Montana. The real property is generally reflected on the Exhibits to the Petition for Annexation, included as part of previously -approved Resolution No. R22-40, which is incorporated by reference herein, and it includes all contiguous roadways and rights -of -way; WHEREAS, the Petitioner sought annexation of the property and zoning as Residential Multiple Family (hereinafter "RMF"); WHEREAS, Petitioner sought annexation of the property into the City of Laurel in order to access and utilize City of Laurel services, including, 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 and Concurrent Approval of Initial Zoning Designation on June 15, 2022; WHEREAS, at the conclusion of the hearing, the Planning Board voted to recommend approval to the City Council of both the annexation and zoning request; WHEREAS, the City Council held a duly advertised public hearing regarding Petitioner's Petition for Annexation on August 9, 2022; WHEREAS, at the conclusion of the hearing, the City Council determined that approval of the Petition for Annexation and Concurrent Approval of Initial Zoning Designation was in the best interests of the City at this time; WHEREAS, the annexation of the property and zoning is subject to an Annexation Agreement by and between the City of Laurel and the Petitioner, which was executed by and between the Petitioner and the City of Laurel and was attached to Resolution No. R22-40 and thereto incorporated as part of the Resolution; R25-21 Final Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel, and Related Rights -of -Way and Zoning WHEREAS, the Property Owner has complied with all of the terms and conditions of annexation imposed by the Laurel City Council; WHEREAS, all public water, sewer, streetways, and storm drainages have been extended by the Property Owner and approved by the Laurel Public Works Department: WHEREAS, all rights -of -way have been dedicated to the City of Laurel; WHEREAS, a Waiver of Right of Protest has been finalized, and the Development Agreement has been executed and all appropriate and necessary work completed; and WHEREAS, the City is prepared to accept the right-of-way dedications as demonstrated on the Plat Exhibit, approve the Final Annexation of the property and all rights -of -way as demonstrated on the Plat Exhibit; and assign the zoning on the property as RMF. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: The owner of record of the territory annexed to the City of Laurel has executed a Petition of Annexation. 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 hereby annexed to the City of Laurel: that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel Al Less Herman Addition., Yellowstone County, Montana. The real property is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by reference herein, and it includes all contiguous roadways and rights -of -way. 4. The owner of record of the territory annexed to the City of Laurel and the City of Laurel have executed an Annexation Agreement, which terms and conditions have been met by the property owner and which are made a part of this Resolution and the Petition for Annexation. 5. That the conditions of the annexation and zoning, as conditioned as follows, have been met: A. On all terms, conditions, and requirements of the Annexation Agreement between the City of Laurel and Petitioner. R25-21 Final Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel, and Related Rights -of -Way and Zoning E. The property shall be zoned as RMF, which is consistent with the zoning of adjacent and nearby properties. C. The Waiver of Right to Protest, a copy of which is attached to Resolution No. 22-40 and incorporated by reference herein, and this Resolution, shall be recorded with the County Clerk and Recorder within ninety (90) days after the adoption of this Resolution. D. Connections to the City of Laurel Water and Sewer Systems have been approved by the City of Laurel's Public Works Department. E. All improvements and infrastructure connections have been completed. b. This Resolution shall be incorporated into the official minutes of the City Council, and upon said incorporation, the City Clerk -Treasurer shall file a true and correct certified copy of this Resolution and Meeting Minutes with the Yellowstone County Clerk and Recorder. 7. From and after the date that the City Clerk -Treasurer files such certified copy of this Resolution and of the City Council Meeting Minutes with the Yellowstone County Clerk and Recorder, this Annexation of the above - described territory to the City of Laurel shall be deemed complete and final. 8. Annexation and the City's responsibility for providing service to the property shall become null and void upon Petitioner's failure to satisfy the conditions imposed by the City Council by and through this Resolution, the Petition for Annexation, and the Annexation Agreement by and between the City of Laurel and the Petitioner. Introduced at a regular meeting of the City Council on the 25th day of March, 2025, by Council Member Canape. PASSED and APPROVED by the City Council of the City of Laurel the 25t" day of March, 2025. APPROVED by the Mayor the 25"' day of March, 2025. CITY OF LAUREL Dave Waggoner, . ayor R25-21 Final Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel, and Related Rights -of -Way and Zoning ATTEST: 4tr er, Clerk -Treasurer APPROVED AS TO FOIWL : Michele L. Braukmann, Civil City Attorney R25-21 Final Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel, and Related Rights -of -Way and Zoning CITY HALL 115 W. ISTS'E City Of Laurel PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 P.O. Box 10 FAX 628-2241 Laurel, Montana 59044 Office of the Public Works Director March 13, 2025 Lance Hull 1009 Davis Circle Laurel, Mt 59044 Subject: Conditions of approval for your annexation to the City Laurel and infrastructure requirements Lance, The City's contracted engineer and I inspected the construction of the public works improvements that you paid for and installed for the extension of West I" street last fall. I am writing to inform you that all the improvements required for annexation have been made and are approved for use with your development. This letter is to serve as the official approval from the public works department for your project. The City Council must determine your final approval for annexation and street dedication. Thank you for making public works improvements that are necessary for the expansion of the City of Laurel city limits. Sincerely, i,"� Matt Wheeler Public Works Director Cc Mayor David Waggoner City Attorney, Michele Braukmann Forrest Sanderson, Contracted City Planner Laurel City Council AFFIDAVIT OF WAIVER OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA The undersigned hereby waives protest to the annexation of the property described below by the City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A. § 7-2-4741 (2007), subsequent to the City's annexation of the below described property. The undersigned hereby additionally waives protest to the creation of future Special Improvement District(s) created and/or formed for future street improvements including, but not limited to, paving, curb, gutter, sidewalk and storm drainage or any other lawful purpose. This affidavit is submitted pursuant to and as a part of the Annexation Agreement and future contemplated Subdivision Improvement Agreement (SIA) with the city of Laurel. This Affidavit of Waiver shall run with the land and shall forever be binding upon the grantee, their transferees, successors and assigns. WN.-MMENZI 140100 RUN-3 01IF-37-TRARAW, FILM# DATEDthisedayof n,a 2025 LANCE HULL Grantee Name Grantee Signature STATE OF MONTANA ) )ss. County of Yellowstone ) On this 1 ("41 day of PUrd 1 2025, personally appeared before me,Lance- 1401 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged the he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day and ye�e certificatecCre written. MEUSSAHULL Notary Public for the State of on.*aria NOTARY PUBLIC for ft Residing at: LD-LL(-e- ( Slate of Mwlana My commission expires: AU4 U-5+ 14—. W2(0 SEAL Re"V at Laurel, MT D�(my corrudmim Evirm r.s,, AuquO 14,2026 I F, K�� ''I I � 11 1� ffiNTILT #-7T5-n AIM-1 "I'S" V�WAIL J, R him to connect to city water and sewer services; aand WHEREAS, the City's Annexation Policy requires the City Council to approve. any requests for annexation of property that is less than 2 acres in size, and WHEREAS, the Property Owner subnutted the attached letter of request seeking the City Council's approval and authorization to seek annexation of his property; and WHEREAS, City Staff reviewed the request and discussed annexation with the hDperty Owner, and is recommending the approval of the request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the one acre parcel of property located west of gth Avenue, betwem Ist and 2nd Streets, near the City of Laurel, is appropriate for annexation; and IW7 Introduced at a regular meeting of the City Council on January 11, 2022, by Council Member Heir. PASSED and APPROVED by the City Council of the City of L=rel this 11* day of January 2022 APPROVED by theMayor this I I I day of January 2022. Sam Paint&, Civil City Attorney In r-TT"i"1111117, � i I i .et /� - ;�� - Y�� This letter is to ask forapproval a subniit an application for r i have recently purchased a 1 acre lot west of Wh Avenue, between V street and 2ftd street. i intend to build axe , d would like to annex into the city to utilize city services. i have been working with Mr. Altonaga and Mr. Markegard to make sure this is feasible. t have lived in Laurel my entire life, and am looking to build high quality apartments. My intent is to make each unit a- bed 2-bath, and make each building and the lot aesthetically pleasing to the community. i look forward to working with you on this project and believe it will be beneficial to the expansion of our town. Please call or email me with any questions or concerns. Thank you for your time and consideration. Sincerely, Lance Hull k19--ra V � MON I UT � I W WHEREAS, a Petition for Annexation and Concurrent Zoning Designation was submitted to the City of Laurel by Lance Hull, who is the property owner (hereinafter "Petitioner") of certain real property situated in Yellowstone County, Montana; WHEREAS, the real property is generally described as that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel A I Less Herman Addition., Yellowstone County, Montana. The real property is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by reference herein, and it includes all contiguous roadways and rights -of -way; WHEREAS, the property is currently outside of City of Laurel city limits, and Petitioner seeks annexation of the property and zoning as Residential Multiple Family (hereinafter 44RMF"); WHEREAS, Petitioner currently seeks annexation of its property into the City of Laurel in order to access and utilize City of Laurel services, including, 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 and Concurrent Approval of Initial Zoning Designation on June 15, 2022. At the conclusion of the hearing, the Planning Board voted to recommend approval to the City Council of both the annexation and zoning request; and WHEREAS, the City Council held a duly advertised public hearing regarding Petitioner's Petition for Annexation on August 9, 2022. At the conclusion of the hearing, the City Council determined that approval of the Petition for Annexation and Concurrent Approval - of Initial Zoning Designation is in the best interests of the City at this time; and WHEREAS, the annexation of the property and zoning is subject to an Annexation Agreement by and between the City of Laurel and the Petitioner, which will be executed by and between the Petitioner and the City of Laurel and will be attached hereto and incorporated as part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: R22-40 Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel The owner of record of the territory annexed to the City of Laurel has executed a Petition of Annexation. 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 hereby annexed to the City of Laurel: that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel Al Less Heiman Addition., Yellowstone County, Montana. The real property is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by reference herein, and it includes all contiguous roadways and rights -of -way. 4. The owner of record of the territory annexed to the City of Laurel and the City of Laurel will execute an Annexation Agreement, which terms and conditions are made a part of this Resolution and the Petition for Annexation. 5. That the approval of the annexation and zoning is conditioned as follows: A. On all terms, conditions, and requirements of the Annexation Agreement between the City of Laurel and Petitioner. B. The property shall be zoned as RMF, which is consistent with the zoning of adjacent and nearby properties. C. The Waiver of Right to Protest, a copy of which is attached hereto and incorporated by reference herein, and this Resolution, shall be recorded with the County Clerk and Recorder within ninety (90) days after the adoption of this Resolution. D. Connections to the City of Laurel Water and Sewer Systems shall be approved by the City of Laurel's Public Works Department. E. All improvements and infrastructure connections shall be completed within one calendar year from the date this Resolution is approved. 6. This Resolution shall be incorporated into the official minutes of the City Council, and upon said incorporation, the City Clerk -Treasurer shall file a true and correct certified copy of this Resolution and Meeting Minutes with the Yellowstone County Clerk and Recorder. R22-40 Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel 7. From and after the date that the City Clerk -Treasurer files such certified copy of this Resolution and of the City Council Meeting Minutes with the Yellowstone County Clerk and Recorder, this Annexation of the above - described territory to the City of Laurel shall be deemed complete and final. 8. Annexation and the City's responsibility for providing service to the property shall become null and void upon Petitioner's failure to satisfy the conditions imposed by the City Council by and through this Resolution, the Petition for Annexation, and the Annexation Agreement by and between the City of Laurel and the Petitioner. Introduced at a regular meeting of the City Council on the 9th day of August 2022, by Council Member Mize. PASSED and APPROVED by the City Council of the City of Laurel the Th day of August 2022. APPROVED by the Mayor the 91h day of August 2022. ATTEST: F%n4lm I Or , "AMINYAN, NUNN WIN, M TIR, er, Clerk -Treasurer r, APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R22-40 Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel Return to: Lance Hull 1009 Davis Circle Laurel, Montana 59044 THIS ANNEXATION AGREEMENT is made this day of 2022, by and between LANCE HULL, with a mailing address at 1009 Da;6!e Laurel, Montana 59044, (the "Developer") and the CITY OF LAUREL, MONTANA, a municipal corporation, with a mailing address at 115 West 1st Street, Laurel, Montana 59044 (the "City"). WHEREAS, the Developer is the owner of certain real property situated in Yellowstone County, Montana, more particularly described as follows: Certificate of Survey No. 1642: according to the official plat on file and of record in the office of the Clerk and Recorder of said County, hereinafter referred to as "Developer Tract" as well as all adjacent public right-of-way. WHEREAS, the Developer has submitted to the City a Petition for Annexation to the City for Developer tract; and WHEREAS, the Developer desires to annex Developer Tract to the City, and WHEREAS, the City has approved the Petition for Annexation by Resolution No.ZZfor the Developer Tract contingent that 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 the mutual promises and covenants contained herein, the parties do hereby agree as follows: 1. Roads and Access. The Developer Tract shall be accessible by West 1st Street The Developer will extend West Is' Street to the west boundary of the Developer Tract. The Developer will also provide a culvert on the north side of the property to access West 2nd Street with a 26' wide driveway and a 26' wide alley. The developer shall also provide all required road signs. The final street design will require approval from the Public Works Department. El M 2. Sanitary Sewer. Developer Tract shall be served by the City wastewater system. The Developer shall extend a new main from the existing 8-inch sanitary sewer main at 8th Avenue and West 1st Street to provide service to the Developer Tract. Plans and specifications shall be approved by the Public Works Department and the Montana Department of Environmental Quality. 3. Water. Developer Tract shall be served by the City water system. The Developer shall extend a new water main from the existing 8-inch water main at 8th Avenue and West 1st Street to provide service to the Developer Tract. Plans and specifications shall be approved by the Public Works Department and the Montana Department of Environmental Quality. 4•. Storm Drain. The Developer shall extend the city storm drain from 8Th Ave to the west boundary of the property. There will be no on -site storage on the property. 5. Right -of -Way. A right-of-way shall be dedicated for the construction of West 1st Street and for possible future West 2nd Street 6. Future Intersection Contributions. No intersection contributions are required upon annexation. 7. Late Comers Agreement No Late Comers Agreement is made with this annexation. 8. &n na. The Property is to be zoned as Residential Multi Family. 9. Compliance. Nothing herein shall be deemed to exempt the Developer Tract from compliance with any current or future City laws, rules, regulations, or policies that are applicable to the development, redevelopment, or use of the subject property. 10. Runs with Land. The covenants, agreements, and all statements in this Agreement and in the incorporated and attached Waiver, shall run with the land and shall be binding on the heirs, personal representatives, successors, and assigns of the respective parties. 11. Attorne3's Fees. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the ;tarty giving notice shall be entitled to reasonable attorney fees and costs, including those fees and costs of in-house counsel. mm 12. Amendments and Modifications. Any amendments or modifications of this Agreement shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year flrst above written, WKI�V �# [ LU, : ss. County of Yellowstone F-11UNNESTIN, On this - day of . 2022, before me, a Notary Public in and for the State of Montana, personally appeared . known to me as the "Developer" in this Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: This Agreement is hereby approved and accepted by the City of Laurel, this .05q day of. 2022. ((Cityl) :ss. County of Yellowstone ) in this 60 d ay o f -iw U S-t-- 2022 before me a Notary Public for the State of Montana, personally appeared Wq4S—Vt'e(- , and _ VNY 4 S4 2z'e ci-e r- known to metobe the Mayor and City Clerk, respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of the City of Laurel, Montana. 00MLE4ATTON ko"tary Public in and for the State of Montana = Wkrow Printed name: A -hi, h&L-A EA of I Lau* Akr6a Residing at: r-t r- My commission expires: 4aiq 5) 9'16,24 Approved as to Form City Attorney Om CITY HALL 115 W. IST ST. City Of Laurel PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 P.O. Box 10 FAX 628-2241 Laurel, Montana 59044 RECOMMENDATION LANCE HULL Annexation and Initial Zonin 03= Lance Hull 1009 Davis Circle Laurel MT 59044 Office of the Director of Public Works The Mr. Hull represents 100% of the land ownership. Annexation pursuant to §7-2-4601 et. seq. MCA. (Annexation by Petition). Request: Mr. Hull, representing 100% of the ownership of lands involved, has Petitioned the City of Laurel for Annexation of approximately 1.0 acres of property adjacent to the City of Laurel with an initial Zoning Designation of Laurel Multi•Family (RMF) for concurrent review. The subject property is generally described as that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel Al, Less Herman Addition. An annexation Exhibit, which is incorporated into this report by reference, has been submitted in support of the -Petition and Requested Initial Zoning. Process: The annexation petition and requested initial zoning has been 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, June 15, 2022. Though not yet scheduled the matter could be considered by the Laurel City Council at a Work Session on July 5 and taken up as an action item on July 12, 2022. Analysis of the Request > The Mr. Hull represents 100% of the land ownership involved in the petition. > The Laurel Growth Policy designates the property as a 'growth area' of the city. > The current use of the property is vacant. > The requested zone City Laurel Multi -Family (RMF) 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 Residential Tracts 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'. > 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 be heard by the Laurel — Yellowstone City County Planning Board and Zoning Commission. ➢ Is the requested annexation and initial zoning in the best interest of the City and Citizens of the City of Laurel. > The property is situated such that street rights -of -way will need to be dedicated to the City on the northern and southern property lines. The dedication of the northern segment will need to be coordinated with the developer of that tract. Findings: ✓ The subject property is adjacent to the City of Laurel. ✓ The City Council is not required to submit the question of annexation to the qualified electors of the area to be annexed as the petition is signed by 100% of the owners. ✓ The city may annex the property as 100% of the ownership of same has petitioned the city for annexation. ✓ The driver for the annexation request is the desire of Mr. Hull to construct a Residential a Multi -Family complex on the property. The only way the development plan works is to extend the City water and sewer systems to the proposed,development, - V The subject property was included as 'future growth area' in the Growth Policy adopted by the City of Laurel. Additionally, the property has been identified on the Laurel Future Land Use Map portion of the Growth Policy as Multi -Family. As such, the requested zoning is consistent with the Laurel Growth Policy. ✓ The proposed assignment of RMF meets all the statutory requirements of Part 46 annexation and zoning assignment. ✓ The Laurel RMF Zone is listed along with other Residential 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 expense (R-08-22) and in accordance with the Annexation Agreement a& approved by the City Council. . 2 ✓ 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. These options and the exactions of infrastructure are most beneficial to the Owner, the City of Laurel, and all surrounding properties in conjunction with the proposed development of the property in the future. ✓ The city has the ability to provide services to the property both existing and proposed. Is the zoning in accordance with the growth policy; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies all of the property proposed for annexation as Multi -Family. • Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater. • The Residential Multi -Family Zone meets the definition as 'greater than' R-7500. Finding: The requested zoning is in accordance with the Growth Policy. 11. Is the zoning designed to lessen congestion in the streets; • The proposed zoning is consistent with the prevailing County zoning on the property. • The proposed zoning along with the annexation agreement will allow development of the property consistent with surrounding uses of property. • Proposed development that would potentially impact roads and streets would require a traffic impact analysis and associated improvements. Finding: The requested zoning will not have a material impact on congestion in the streets. Ill. Is the zoning designed to secure safety from fire, panic, and other dangers; o The proposed zoning is consistent with the prevailing County zoning on the property. ® The Growth Policy identifies the property as Multi -Family. • Multi -Family development must be constructed in accordance with the prevailing International Code Council standards. ® Adequate public infrastructure exists or can be readily extended/expanded to serve the development at RMF densities. Finding: The requested zoning will not have an adverse impact on safety from fire, panic, or other dangers. IV. Is the zoning designed to promote health and the general welfare; ® The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies the property as Multi -Family as a future land use. • The connection of the facilities and properties at the time of development to the Laurel municipal water and wastewater systems will have positive impacts to public health and general welfare. Finding: The requested zoning will promote the public health and the general welfare. V. Is the zoning designed to provide adequate light and air; • 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 proposed RMF, provides restrictions on structure height, setbacks, lot coverage. These standards exist to provide open spaces and adequate light and air. • The existing development has more than adequate separation from surrounding uses. Finding The requested zoning will provide adequate light and air. V1. Is the zoning designed to prevent the overcrowding of land; • 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 RMF proposal, has density and development controls that are designed to prevent the overcrowding of land. Finding: The proposed zoning will prevent the overcrowding of land. 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 RMF proposal, has density and development controls that are designed to prevent the overcrowding of land. • The subject property is large enough to provide adequate separation from surrounding uses. Finding: The proposed zoning will prevent the undue concentration of population. rd Vill. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; The requested zoning, without some overlay or modification, will not necessitate the installation of new or additional infrastructure. • It is anticipated that a significant portion of the property being annexed will be further developed. It is at that point the additional infrastructure as well as capacities will be evaluated. • 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 consistent with the Growth Policy. ® The property is compatible with surrounding development which is, for the most part, multi -family or commercial. • The water and sewer infrastructure proposed with the annexation is adequate for the intended use of the property. Finding: The requested zoning is consistent with surrounding uses, the Growth Policy and 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 consistent with the Growth Policy. The property is compatible with surrounding development which is, for the most part, multi -family or commercial. The water and sewer infrastructure proposed with the annexation is adequate for development of the property that is consistent with the requested RMF zoning. Finding: The requested zoning is in keeping with the character of the development in the area. It also provides for opportunities for additional development with suitable uses. 5 X1. 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 the proposed use is substantially similar to or complementary to surrounding buildings and uses. * The requested zoning is consistent with the Growth Policy. * The proposed zoning is a logical transition/replacement of County for City, it is not anticipated that there would be any adverse effect on the value of surrounding buildings or lands. Finding: The value of existing buildings both on and adjacent to the requested zone will either be enhanced or not effected by the proposed zoning. x1l. Will the zoning encourage the most appropriate use of land throughout the municipality? * The requested zoning is consistent with the Growth Policy. * The requested zoning is consistent with the prevailing land uses and zoning surrounding the property, * A healthy mix of land uses encourages growth and development in the community as a whole. The addition of RMF at this location will benefit not only the housing in Laurel but the need for support and other essential services. 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 mixture of uses as contemplated by the District Regulations. Conclusion: The petition for annexation into the City of Laurel with the initial zoning assignment of Laurel Multi -Family (RMF) appears to be consistent with the requirements of Part 46 Annexation and City Council Resolution R-08-22. Additionally, the annexation, extension of services, and initial zoning assignment in the best interest of both the City of Laurel and the Mr. Hull. RECOMMENDATION The Laurel — Yellowstone City County Planning Board recommend that the Laurel City Council adopt the Findings of Fact outlined in this Recommendation and approve the Annexation and Initial Zoning requested by Mr. Hall subject to the following: > That an Amended Plat or Certificate of Survey suitable for filing with Yellowstone County that describes the tract of land to be Annexed is submitted by the Developer. ➢ That an Annexation Agreement is submitted for acceptance by the City Council. rc pbAdmul 6093 9 WUOAV SIB ezis ems Ronald and Marie Waller RYKER RENTALS LLC 720 West 2"d Street 412 WEST 12TH STREET Laurel, Mt 59044 LAUREL, MT 59044 AUGUST LAHMAN SBC RENTALS 107 8T" AVE P.O. BOX 387 LAUREL, MT S9044 WILSALL, MT 59086 TOWN AND COUNTRY SUPPLY PETER AND DORIS KRENELKA P.O. BOX 367 827 W. MAIN STREET LAUREL, MT 59044 LAUREL, MT 59044 WARREN & MARCHETA BECKER FLOYD THOMPSON P.O. 6OX 579 852 W 14-';; STREET LAUREL, MT 59044 LAUREL, MT 59044 DENNIS AND TAMERA STORCK LAUREL DEPOT LLP 826 W 4T" STREET 4799 ECHO DRIVE LAUREL, MT 59044 HELENA, MT S9602 BOLLE FAMILY TRUST CHENNARC INC. 913 3R° AVE 915 LONGHORN CT. LAUREL, MT59044 HARDIN, MT59034 KEATON MCGEE LAUREL PROPERTIES LLC 102 8T" AVE. P.O. BOX 1162 LAUREL, MT 59044 LAUREL, MT 59044 RICCI AND DIANNA FRANCIS MONNA RAE ADICKES 102 8T" AVE. APT. C 102 8T" AVE APT B LAUREL, MT 59044 LAUREL, MT 59044 CITY OF LAUREL P.O BOX 10 LAUREL, MT 59044 THOMAS AND CLAUDIA STANTON 45 N. FOUR COURNERS RD BRUSSETT, MT59318 JERALD ALLEN 19 8TH AVE LAUREL, MT 59044 MICHAEL HERMAN 405 WEST 14TH STREET LAUREL, MT59044 LEE VAUGHAN 836 W. 4'" STREET LAUREL, MT59044 MAURICE AND SUSAN KAISER 1318 MEADOW CIR. LAUREL, MT59044 GREG LAUREL ENTERPISE GROUP 2930 OLD HIGHWAY 10 W. LAUREL, MT59044 PEGGY WILLIAMS 102 8T" AVE. APT D LAUREL, MT59044 TERRY AND DAWN POWLESLAND 102 8T" AVE. APT D LAUREL, MT 59044 scrawl JGIUtdd jafilUl/mse-1 10/4/21, 11:48 AM Yellowstone County Property Tax Information M' 1 p ►;. laimer: Not all fields are currently maintained. The accuracy of the data is not guaranteed. Please notify the -aisal/Assessment Office of any inaccuracies. 'Please.Alofe.- Owner information is supplied by the Niontana Department of Revenue. To request tipdate; to addresses or other ownership information, please contact the DOR office at 896-4000. Records for the current year will not be updated after tax bills have been sent out, so changes requested after you receive your bill will appear only on next year's records. i it Primary Party Primary Owner Name: H ULL, LANCE Ownership -Histoiv 2021 Mailing Address: HULL, LANCE 1009 DAVIS CIR LAUREL, MT 59044-3647 Property Address: Township: 02 S Range: 24 E Section: 08 Certificate Of Survey: 1642 AMD Parcel: A I Full Legal: S08, T02 S, R24 E, C.O.S. 1642 AMD, PARCEL Al, AMND LESS HER AN ADD GeoCode: 0' )-0821-08-4-05-16-0000 Show —o-n—flap (Mayiiotworkfoi-some newer propei-lies,) Property Assessment Information Levy District: LAUREL OUTSIDE W/PLANNING 2021 Assessed Value Summary Assessed Land Value = $ 59,755.00 Assessed Building(s) Value = $ 0.00 Total Assessed Value = $ 59,755.00 Assessed Value Detail Tax Year: 2021 Class Code Amount 210 1 - Tract Land = $ 59,755.00 ­ - " Total = $ ---59,755.00 values shown for the given tax year are for taxation purposes only. They are supplied by the Department of mue. For questions about these values, please contact the Montana Department of Revenue, Appraisal/As; e at -406-896-400 Rural SID Payoff Information NONE Property Tax Billing History Year 1st Half 2nd Half Total 2000 205.35 P 205.33 P 410-68 2001 205.88 P 205.88 P 411.76 2002 207.67 P 207.65 P 415.32 2003 221.64 P 221.62 P 443.26 2004 106.90 P 106.89 P 213.79 https:IA,Yww.co.yellowstone.mt.govltreasurerlPropertySeardVcsaprop.asp?propid=251872 1/2 10/4121, 11:48 AIV, Yellowstone County Property Tax Information 2005 118.24 P 118.24 P 236.49 2006 122.30 P 122.28 P 244.58 IQL 121.88 P 121.86 P 243.74 M 116.22 P 116.20 P 232.42 2009 139.58 P 139.58 P 279.16 2010 0.00 50.00 P 50.00 2010 162.06 P 162,06 P 324.12 2011 169.50 P 169.47 P 338.97 2012 1. 82.71 P 182.69 P 365.40 MU 50.00 P 0.00 50.00 2013 184.08 P 184.06 P 368,14 2014 183.82 P 183.80 P 367.62 2015 147.27 P 147.26 P 294.53 2016 149.70 P 149.69 P 29939 2017 50.00 P 0.00 50.00 2017 181.55 P 181.54 P 363.09 ).09 2018 20033 ) P 200.31 P 400.64 2019 184.82 P 184.80 P 369.62 2020 1,92.48 P 192.47 P 384.95 (P) indicates paid taxes. Click, on year for detail. Pav-raxesonlille Jurisdictional Information Commissioner Dist: I - Jahn 0stfund R). School Attendance Areas Senate: 28 - Brad N-loinar (R), High: LAUREL House: 55 - Vince Ricci (R) Middle: LAUREL Ward: Outside City Limits Elem: LAUREL Precinct: 55.3 Zoning., R200-ResidentialTracts Click 1-lere to view 13illinLS Regulations Click l-lere to ViC%V L'ItUrel Regulations School District Trustee Links Click 1-1ere to view Bmadview Regulations Click Here to vic%v Yellowstone C Loant} �Zegulations Lnycomments or questions regarding the web site may be directed ted to the https.,IAwAv.co.yellowstone.mt.govltreasurerlPropertySearchlesaprop.asp?propid=251872 2/2 f k-, f "AY tA, 0 -V p AIR blanks of this application are to be filled in with explanation by the applicant. Incomplete apPlications will not be accepted. I Only parcels of land adjacent to the City of Laurel municipal limits will be considered for annexation. "Adjacent to" also includes being across a public right of way. If the parcel to be annexed is smaller than one city block in size (2.06 acres), the city council must approve consideration of the request; the applicant must make a separate written request to the city council stating their wish to annex a parcel of land less than one city block in. Once the council approves the request, the applicant can apply for annexation. 2. Applicant landowner's name: e Alm Address: Z,1201? Phone: 3. Parcel to be annexed: (If it is not surveyed or of public record, it must be of public record PRIOR to applying for annexation.) Legal description: S09, 7— oa, k 9,Yg0. I&q a M& Ag& Lot size: c-r,, Present use: Planned use: Present zoning: am (Land which is being annexed aut aiicauf6ecomes zoned R-7500 when it is officially annexed [City ordinance 17.12.220]) 4. City services: The extension of needed city services shall be at the cost of the applicant after annexation by the city has been approved. As part of the application process, each of the following city services must be addressed with an explanation: Water Service: Location of existing main: A1W 4arnex- 6 J-A Av,,- + /-' 57- Cost of extension of approved service:&2b, 0490 How cost determined: km,*A Aza, &Er /0/, 14e t M Timeframe for installatiorf. 3 W"-kc, Sewer Service: Location of existing main: AW r-n,-,n P,r ©f4- P* Cost of extension of approved service: // How cost determined: &qA J1w1ak-' � /,9 -� 6 MIA 140,400 Streets: Timeframe for installation: 3 Wv-, e,1<$ How financed: C o/-i ­YA'>."��1 Zo�'e7 Is there any adjoining County ROW to the proposed Location of existing paved access: Cost of paving:��­-�)00 How cost determined: TimefTame for construction: ,X i Other required improvements: Provide above information on attacheA pages. 5. A map suitable for review of this application of the proposed area to be annexed must be submitted with this application. A written Waive of Protest must accompany this application, 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 Waiver of Protest must be signed by the applicant prior to annexation by the city. 7. Requests for annexations are referred to the City -County Planning Board for recommendation to the City Council. Within 30 days after receiving the property filled out application with all required accompaniments and after conducting a duty advertised public hearing, the City -County Planning Board shall make recommendation to the City Council as to this Request for Annexation. If more information is needed from, the applicant during the review of the application, such application shall be deemed incomplete and the timefi-ame for reporting to the City Council extended accordingly, in needed. 8. A non-refundable application fee of $300 + $25.00 per acre (80 acres or less); $300 + $35.00 per acres (81 acres or more) must accompany the submission of this application. The City Council of the City of Laurel, Montana, after review and consideration of this Application for Annexation, found such to be in the best interest of the City, that it complied with state code, and approved this request at its City Council meeting of Form revised by City Attorney April 2008 N J 1111,11"MR141', M1,10,11, I k�l MR-M AND PLAN OF ANN-EXATION tt S All blanks of this appheation are to be flied in with explanation bv the applicant. Incomplete applications will not be accepted. Only parcels of land adjacent to the City of Laurel municipal limits will be considered for annexation. "Adjacent to" also includes being across a public right of way. If the parcel to be annexed is smaller than one city block in size (2.06 acres), the city council must approve consideration of the request; the applicant must make a separate written request to the city council stating their wish to annex a parcel of land less than one city block in. Once the council approves the request, the applicant can apply for annexation. 2. Applicant landowner's name: Address: AQQ q / --17— )c4 Z A z Phone: A'fit..- eve- s-,7,2 c� 3. Parcel to be annexed: (If it is not surveyed or of public record, it must be of public record PRIOR to applying for annexation.) Legal description: StTp -roa, k,;u Lot size: Present use:-- VA c &,-7 Planned use: ZIM 14,- Present zoning:,R&!L4 �-"— (Land which is being annexed autcrmatica ly"becomes zoned R-7500 when it is officially annexed [City ordinance 17.12.220]) 4. City services: The extension of needed city services shall be at the cost of the applicant after annexation by the city has been approved. As part of the application process, each of the following city services must be addressed with an explanation: Water Service; Location of existing main: AIW rn&61"AAw- + /-' 57- it/ Cost of extension of approved service:- fa& 0,90 How cost determined: rwgA gsV-Ima-15n &nM &I-F 101,1,Obk4e Timeframe for installatiorf 3 1- Sewer Service: Location of existing main: Al 4/ eprne,,- a 'KfA Azle- 4- /J1 Cost of extension of approved service:., ,f & -i-00 How cost determined: fit,2.4 hmm-4- 1r T 11-rA RAN,400 Timeframe for installation: 3 We- ,5 How financed: r-6,i / Streets: Is there any adjoining County ROW to the proposed I annexation: Locatio: Cost of How co Timeframe for construction:J? 1q;7nJf-X_5 Other required improvements: Provide above information on attached page-q. 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 application, 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 Waiver of Protest must be signed by the applicant prior to annexation by the city. 7. Requests for annexations are referred to the City -County Planning Board for recommendation to the City Council. Within 30 days after receiving the properly filled out application with all required accompaniments and after conducting a duty advertised public hearing, the City -County Planning Board shall make recommendation to the City Council as to this Request for Annexation. If more information is needed from the applicant during the review of the application, such application shall be deemed incomplete and the tirrieffiddie for reporting to the City Council extended accordingly, in needed. A non-refundable application fee of $300 + $25.00 per acre (80 acres or less); $300 + $35.00 per acres (81 acres or more) must accompany the submission of this application. The City Council of the City of Laurel, Montana, after review and consideration of this Application for Annexation, found such to be in the best interest of the City, that it complied with state code, and approved this request at its City Council meeting of Form revised by City Attorney April 2008 2 pill "441 VUSU011 WIM-W W" MW 3WIN t ' ANY FUTURE, SPECIAL IMPROVEMENT DISTRICT The undersigned hereby waives protest to the annexation of the property described beloNy by the City of Undersigned also waives their right to seek judicial review tinder M.C.A. § 7-2-4741 (2007), subsequent to the City's annexation of the below described property. The undersigned hereby additionally waives protest to the creation of future Special'Improvement District(s) created and/or forrned for future street improvements including, but not limited to, paving, curb, gutter, sidewalk and storm drainage or any other lawful purpose, This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel. This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their transferees, successors and assigns. r F, .-M DATED this ............ day of 2 Grantee Name (Company..) STATE OF,�� i County of ) )ss. On this-3day of ?Tg&�, 1--) 2022, personally appeared before me, a,rio Jiy�d 1 — proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged th&shethey executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed any Official Seal on the day and year in this certificate first above written. 'CAR * 0 TRACEY SCHRIVER NOTARY PUBLIC for .'p the AL State of Montana Residing at Laurel, Montana MY Commission Expires May 22,9022 1 0 'J MINUTES CITY OF LAUREL CITUCOUNTY PLANNING BOARI WEDNESDAY, JUNE 15,2022 5:35 PM CITY COUNCIL CHAMBERS Public Input; Citizens may address the committee regarding any item of business that is not on the agenda The duration for an individual speaking under Public Input is limited to three minutes, While all comments are welcome, the committee will not take action on any item not on the, agenda Present: Jon Klasna Roger Giese Evan Bruce Dan Koch Judy Goldsby Kurt Markegard, Forrest Sanderson (City of Laurel) Absent: Gavin Williams Ron Benner Others Scott Hooper Gage Hull Richard Herr General Items 2. Meeting Minutes: May l8th, 2022 Dan moved to accept the minutes of the May 181h, 2022, planning board meeting and Jon seconded the motion. All members voted aye. New Business 3. Sign Permit Review, On Target Outdoors Judy presented the application for sign permit and stated that all appeared to conform to the regulations. Evan questioned if there were signs on the building for the front and back. Judy answered that there were signs on both sides of the building. John asked if there was going to be exterior lighting on the signs and the 4pplicant answered that there would be exterior lights on the building illuminating the signs. Evan moved to approve the On Target sign application and John seconded the motion. All members voted to approve the sign permit. 4. Beehive Minor Subdivision- lift agriculture restrictions Judy introduced the subdivision application to theplanning board and the lifting of the agriculture restrictions. Forrest informed the board that they should approve the subdivision with the five conditions as noted in the, staff report, Forrest gave the background information on the property and the building of the storage units, Forrest told the board that the preliminary plat approve does not need a public hearing as it is the first minor subdivision of land. Forrest stated that as a first minor subdivision, park land dedication is also not required, Forrest asked for questions of the board. John asked Forrest how the storage units got built being on agricultural restrictions land. Forrest gave the board an explanation of how the property was identified as being in violation of the agriculture restrictions, A certificate of survey was submitted for an exempt boundary location and Forrest and Kurt identified the property as being agriculture restricted and the property was in violation of the agriculture restrictions. The applicant's agent Performance Engineering was informed, and they property owner is now going through the legal process to fix the issue. Forrest asked the board not to hold the violation against the property owner and to proceed with subdivision process. Dan asked about fire protection and Forrest asked Taylor from Performance to answer that question, Evan asked about affordable housing needs. Forrest indicated that the building of storage units is in alignment with affordable housing and the need to have storage units is needed to help affordable housing have locations to store items that will not fit at affordable housing locations. Evan asked if it is in the flood plain and Forrest said it is not. Evan asked if the geotechnical plan been done. Forrest did not know if a geotechnical report had been completed before they built the storage units. Taylor with Performance Engineering that lives at 608 North 291h Street -in Billings Mt. Taylor gave a description of the property and their efforts to correct the violation. They DEQ has been contacted and they have gotten approval to move forward. The fire tank is not need as they are less than a three -lot subdivision and that is not- needed for this subdivision. Evan asked about the life span of the buildings. Taylor said 40 to 50 years if not longer. Roger asked about the marijuana facility and Taylor said that the business in not on the subject property. In the future if they move the common boundary line that business's current lease would expire, Judy asked if there was any further discussion and if not, she would accept a motion for approval, Roger moved to accept the preliminary plat of Beehive Subdivision and Jon seconded it. All board member voted to approve the motion. 5. Public Hearing for Lance Hull annexation and zoning of Laurel Residential Multiple Family (RMF). Judy read the introduction of the application for annexation. Forrest gave. the board the background information on theland and read the staff report and the annexation process. The annexation must be in the best interests of the sty and must meet the standards for public infrastructure. The findings of facto, meet •or exceeds the standards of annexation. An annexation agreement needs to be drafted. The subject property is vacant, and the zoning needs to be R7500 of greater. The property is identified in the Laurel growth policy as a area of growth. The annexation must meet the twelve points test for initial zoning. The recommendation from staff does meet the twelve -point test and staff recommends the initial zoning of RMF. The annexation agreement must be approved by the city council at a future meeting. Forrest asked that the only objection to the annexation be read into the record. Judy read into the record the email that Kurt received from Monna.'Rae Adickes, 102 801 Ave Unit B, Laurel MT 59044. That email is attached to these minutes. Forrest answered some of the concerns of the letter from Ms Adickes. The property will be RMF and anything available in that zoning would be allowed. The property use is not what is to be discussed t evening • anything is possible in the • regulations. Forrest also addressed the floodplain issue and the property itself is not in the floodplain. cuss a d nd t Jon asked Forrest for clarification on the property location. Forrest indicated the location and Kurt pulled it up on the tv screens to help identify the location, Evan asked about the area around the property and the street locations. Kurt informed the •t..:i that t utilities have been stubbed to the west of Sth annexation. Judy opened the public hearing and asked for proponents three times. Judy asked for opponents three times. Seeing'no further discussion, Judy closed the public hearing. Judy asked for a motion to send the annexation and initial zoning of RW to the Laurel City Council. Evan made the motion and Jon seconded it. All board member voted to send it to the City Council as a recommendation for approval. There was none. Announcements Kurt informed the board about vacancies on the board. Kurt gave an update on the planner vacancy Kurt also gave an update the building official vacancy. Kurt and Forrest also gave the board the attempt to change state law to allow more living units on residential property that are meant for single family homes. 6. Next Meeting: July 201h, 2022 7. Motion to Adjourn Dan made a motion to adjourn the meeting and Jon seconded it. The vote to adjourn was unanimously approve. The meeting was adjourned at 7:00 pm. From: m na.rae.adId=9omalom To: Kutt Marke-gard subject; Lance W1 AnnexaWn Date, Sunday, June 12, 2022 2:53: 15 PM To Mr. Kurt Markegard, Director of Public Works and the Laurel Planning Board and Zoning Commission, I am against the Annexation of this parcel of land to the City of Laurel. I am in favor of the City of Laurel growing in manner in which serves the good of all Laurel residents. For Laurel is growing and there is demand for affordable housing. There is a high demand for entry level townhouses designated for the Senior population. Against: Developing land in a designated FEMA Flood Plain. High -Density Housing: potential high crime and no place for the children to play. Currently there are too many road approaches in such a short distance on 8th Ave, especially taking into consideration the traffic off of Old Highway 10 Questions that I have: • Will 1st Street be the only access point to this project? • Will there be a connection from 2nd Street also? • Who will be responsible for the cost to extend 1st Street and all the infrastructure? • This area Is In a'FEMA Flood Zone, • What drainage has been considered for this parcel? • What is the City's solution or proposal to eliminate the FEMA Flood Zone Classification from this area? • How many units will be built on this 1-acre parcel? • What type of housing will it be? Townhouses, condos, or mobile homes? • Will the units be rentals, or will they be sold to Individuals? • If approved what will the zoning be? • How will High Density zoning effect the value of neighboring properties? Please place my name of record as being AGAINST the annexation of this parcel. Monna Rae Adickes 102 8th Ave Unit B Laurel MT 59044 406-860-4284 STAFFREPORT LANCE HULL Annexation Initial -Zoning 0. Lance Null 1009 Davis Circle Laurel MT 59044 The Mr. Hull represents 100% of ownership. Annexation pursuant to . x.i -• (Annexationby Petition), . T, Mr. Hull, representing 100% of the ownership of lands Involved, has Petitioned the City of Laurel for Annexation of approximately 1.0 acres of property adjacent to the City of Laurel with an initial Zoning Designation of Laurel Multi -Family (RMF) for concurrent review. The subject property is generally described as that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel Al, Less Herman Addition. An annexation Exhibit, which is Incorporated into this report by reference, has been submitted in support of the Petition and Requested Initial Zoning. Process: The annexation petition and requested initial zoning has been 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, June 15, 2022. Though not yet scheduled the matter could be considered by the Laurel City Council at a Work Session on July 5 and taken up as an action Item on July 12, 2022. Analysis of the Request ➢ The Mr. Hull represents 100% of the land ownership involved In the petition. ➢ The Laurel Growth Policy designates the property as a'growth area' of the city. ➢ The current use of the property Is vacant. ➢ The requested zone City Laurel Multi -Family (RMF) provides for a variety of uses and is consistent with the requirements of R-08-22 that lands embraced by the city be assigned k-7500 or greater. ➢ The subject property currently is presumed to be zoned County Residential Tracts 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'. > 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 be heard by the Laurel — Yellowstone City County Planning Board and Zoning Commission. > Is the requested annexation and initial zoning in the best Interest of the City and Citizens of the City of laurel. > The property is situated such that street rights -of -gray will need to be dedicated to the City on the northern and southern property lines. The dedication of the northern segment will need to be coordinated with the developer of that tract. ✓ The subject property is adjacent to the City of laurel. v" The City Council Is not required to submit the question of annexation to the qualified electors of the area to be annexed as the petition is signed by 1 of the owners. ✓ The city may annex the property as 100% of the ownership of same has petitioned the city for annexation. ✓ The driver for the annexation request is the desire of Mr. Hull to construct a Residential a Multi - Family complex on the property. The only way the development plan works Is to extend the City water and sewer systems to the proposed development, ✓ The subject property was Included as 'future growth area' in the Growth Policy adopted by the City of laurel. Additionally, the property has been Identified on the Laurel Future land Use Map portion of the Growth Policy as Multi -Family. As such, the requested zoning Is consistent with the Laurel Growth Policy. ✓ The proposed assignment of RMF meets all the statutory requirements of Part 46 annexation and zoning assignment. The laurel RMF Zone Is listed along with other Residential 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 expense (R-08-22) and in accordance with the Annexation Agreement as approved by the City Council. . ✓ 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. These options and the exactions of Infrastructure are most beneficial to the Owner, the City of Laurel, and all surrounding properties In conjunction with the proposed development of the property In the future. ✓ The city has the ability to provide services to the property both existing and proposed. Is the zoning in accordance with the growth policy; • The proposed- zoning Is consistent with the prevailing County zoning on the property. • The Growth Policy identifies all of the property proposed for annexation as Multi -Family. • Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater. • The Residential Multi -Family Zone meets the definition as "greater than' R-7500. Finding: The requested zoning is in accordance with the Growth Policy. II. Is the zoning designed to lessen congestion In the streets; • The proposed zoning Is consistent with the prevailing County zoning on the property. • The proposed zoning along with the annexation agreement will allow development of the property consistent with surrounding uses of property. • Proposed development that would potentially Impact roads and streets would require a tragic impact analysis and associated improvements. Finding: The requested zoning will not have a material impact on congestion in the streets. Ili. Is the zoning designed to secure safety from fire, panic, and other dangers; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies the property as Multi -Family. • Multi -Family development must be constructed In accordance with the prevailing International Code Council standards. • Adequate public infrastructure exists or can be readily extended/expanded to serve the development at RMF densities. Finding: The requested zoning will not have an adverse Impact on safety from fire, panic, or other dangers. IV. Is the zoning designed to promote health and the general welfare; • The proposed zoning Is consistent with the prevailing County zoning on the property. • The Growth Policy identifies the property as Multi -Family as a future land use. • The connection of the facilities and properties at the time of development to the Laurel municipal water and wastewater systems will have positive impacts to public health and general welfare. Finding: The requested zoning will promote the public health and the general welfare. V. Is the zoning designed to provide adequate light and air; • 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 proposed RMF, provides restrictions on structure height, setbacks, lot coverage. These standards exist to provide open spaces and adequate light and air. • The existing development has more than adequate separation from surrounding uses. Finding The requested zoning will provide adequate light and air. V1. Is the zoning designed to prevent the overcrowding of land; • 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 RMF proposal, has density and development controls that are designed to prevent the overcrowding of land. Finding: The proposed zoning will prevent the overcrowding of land. VII. Is the zoning designed to avoid undue concentration of population; * The existing zoning imposes building setbacks, height limits, limits on the number buildings on a single parcel, and reasonable area limits on new development. * The RMF proposal, has density and development controls that are designed to prevent t overcrowding of land. * The subject property is large enough to provide adequate separation from surrounding us Finding: ;I The proposed zoning will prevent the undue concentration of population. Vill. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; • The requested zoning, without some overlay or modification, will not necessitate the installation of new or additional infrastructure, • It is anticipated that a significant portion of the property being annexed will be further developed. It Is at that point the additional -infrastructure as well as capacities will be evaluated. • 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 characterof the district and Its peculiar suitability for particular uses; • The requested zoning is consistent with the Growth Policy. • The property is compatible with surrounding development which is, for the most part, multi- family or commercial. • The water and sewer infrastructure proposed with the annexation Is adequate for the Intended use of the property. Finding: The requested zoning Is consistent with surrounding uses, the Growth Policy and 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 consistent with the Growth Policy. o The property Is compatible with surrounding development which is, for the most part, multi- family or commercial. The water and sewer Infrastructure proposed with the annexation is adequate for development of the property that is consistent with the requested RMF zoning, Finding: The requested zoning Is in keeping with the character of the development in the area. It also provides for opportunities for additional development with suitable uses. X1. 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 the proposed use is substantially similar to or complementary to surrounding buildings and uses. • The requested • Is consistent with the Growth Policy. • The proposed zoning is a logical transition/replacement of County for City, it is not anticipated that there would be any adverse effect on the value of surrounding buildings or lands. • The value of existing buildings both on and adjacent to the requested zone will either be enhanced or not effected by the proposed zoning. X11. Will the zoning encourage the most appropriate use of land throughout the municipality? • The requested zoning Is consistent with the Growth Policy. ® The requested zoning Is consistent with the prevailing land uses and zoning surrounding the property. ® A healthy mix of land uses encourages growth and development In the community as a whole. The addition of RMF at this location will benefit not only the housing in Laurel but the need for support and other essential services, 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 mixture of uses as contemplated by the District Regulations. The petition for annexation Into the City of Laurel With the initial zoning assignment of Laurel Multi -Family (RMF) appears to be consistent With the requirements of Part 46 Annexation and City Council Resolution R-08-22. Additionally, the annexation, extension of services, and Initial zoning assignment in the best Interest of both the City of Laurel and the Mr. Huff, PUBLIC HEARING NOTICE The Laurel City Council will conduct a public hearing at 5:35 p.m, or as soon as practicable thereafter, on Tuesday, August 9, 2022, In the City Council Chambers of Laurel City Hall (115 West 111 Street, Laurel Montana) on a request submitted by Lance Hull. Mr. Hull, representing 100% of the ownership of lands involved, has Petitioned the City of Laurel for Annexation of approximately 1.0 acre of property adjacent to the City of Laurel with an initial Zoning Designation of Laurel Residential Multi -Family (RMF) for concurrent review. The subject property is generally described as that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel Al Less Herman Addition. An annexation Exhibit has been submitted In support of the Petition and Requested Initial Zoning. All documents related to this petition/request are available for Inspection in the Office of the Laurel Planner, 115 West 1" Street, during regular business hours. The City Council will consider the recommendation of the Planning Board and Zoning Commission In addition to requirements of City Resolution R-08-22 (City Annexation Policy), the processes and considerations afforded under 7-2-4601 et. seq. MCA (Annexation by Petition) and 76-2-301 et. seq. MCA (Municipal Zoning), the benefits to the City of Laurel, and the appropriateness of the requested initial Zoning Designation. In particular the City Council must consider the current Laurel Growth Policy, the prevailing use of the subject property, and existing County Zoning, If any. Following the Public Hearing, the City Council may make a decision regarding the Petition for Annexation as well as the Requested Initial Zoning Designation. Questions concerning this request should be directed to Kurt Markegard, Director pf Public Works by phone (406) 628-4796 or electronically at kmarkegard0laurel.mt.gcky. Written/e-mailed comments will be accepted until 5:00 p.m. MST on Tuesday, August 2, 2022 and can be submitted In person, by mail or electronically to the following addresses: Laurel Public Works Department Attn. Kurt Markegard (Lance Hull Annexation) 115 West Vt Street Laurel MT 59044 E-mail: kmarkegard@laurel.mt.gov Be sure to include "Lance Hull Annexation" in the Subject Unel The City of Laurel is committed to open and transparent government and associated public decision - making processes. Public comment Is encouraged. Publish July 22, 2022 and July 29, 2022.