HomeMy WebLinkAboutResolution No. R25-84A - Fail - 0-8 vax,w C)
RESOLUTION NO. R25-84(A)
RESOLUTION OF CITY COUNCIL APPROVING ZONE CHANGE FOR IRON
HORSE STATION SUBDIVISION FROM RESIDENTIAL R-6000 (DUPLEX) TO
RESIDENTIAL RMF (MULTI-FAMILY).
WHEREAS,Marvin Brown—Iron Horse LLC(hereinafter"the Applicant")has applied
to the City of Laurel for a Zone Change from R-6000 to RMF for the property generally known
as the Iron Horse Station Subdivision and located in Laurel, Montana, and more particularly
described as:
All of Block 6, Lots 1 and 2, Block 7 Iron Horse Station Subdivision located in
Section 9, Township 24 East, Range 2 South, P.M.M., City of Laurel,
Yellowstone County, Montana (in general, the properties front along Great
Northern Road);
WHEREAS, the application for a Zone Change was submitted on June 30, 2025, and a
public hearing was conducted on the 201h day of August, 2025 by the Laurel Zoning
Commission;
WHEREAS, the Laurel Zoning Commission has conducted a factual and legal analysis
of the Zone Change, which is contained within the Zoning Commission Recommendation ZC-
25-01,Marvin Brown—Iron Horse Station Subdivision Zone Change Request, a copy of which
is attached hereto and fully incorporated herein;
WHEREAS, the Laurel Zoning Commission found that the requested zoning is
INCONSISTENT with the Laurel-Yellowstone Growth Policy, that the rational nexus for the
adoption of zoning is not met, due to expressed concerns with traffic, lack of adequate
infrastructure to support the increased density, and that the citizens of Laurel have participated
in the creation of the proposed rezoning process;
WHEREAS,the Laurel Zoning Commission recommends that the City Council DENY
the Zoning Classification of RMF on all of Block 6, Lots 1 and 2, Block 7 Iron Horse Station
Subdivision located in Section 9, Township 24 East, Range 2 South, P.M.M., City of Laurel,
Yellowstone County, Montana(on a 4-3 vote);
WHEREAS, the City Council conducted a public hearing on the 9th day of September,
2025 at 6:30 p.m., in City Council Chambers, regarding the Zone Change;
WHEREAS, following public hearing,the City Council may either approve or deny the
Zone Change;
R25-84(A)Approve Zone Change for Iron Horse Station Subdivision
WHEREAS,the Laurel City Council has considered the record,the recommendation of
the Zoning Commission, and the public interest in preserving the intent and integrity of the
zoning code; and
WHEREAS, the Laurel City Council believes approval of the zone change is
appropriate, based upon the record, and finds that the rational nexus for the adoption of zoning
is met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. The Laurel City Council has hereby considered the Laurel Zoning Commission
findings that the requested zoning is INCONSISTENT with the Laurel-
Yellowstone Growth Policy,but finds that the rational nexus for the adoption of
zoning is met, and that the citizens of Laurel have participated in the creation of
the proposed rezoning process.
2. The requested zoning change from Residential R-6000 (Duplex) to Residential
RMF (Multi-Family)for property located in Block 6,Lots 1 and 2,Block 7,Iron
Horse Station Subdivision, is hereby GRANTED.
3. The City Clerk/Treasurer is directed to provide a copy of this Resolution to the
applicant and to maintain the Resolution in the official records of the City.
Introduced at a regular meeting of the City Council on the 23`d day of September 2025,
by Council Member Mize.
PASSED and APPROVED by the City Council of the City of Laurel the 23`d day of
September 2025.
APPROVED by the Mayor the 23`d day of September 2025.
CITY OF LAUREL
Dave Waggoner, Mayor
R25-84(A)Approve Zone Change for Iron Horse Station Subdivision
ATTEST:
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R25-84(A)Approve Zone Change for Iron Horse Station Subdivision
Cis WHAL T City Of Laurel
PLANNING: 628-4796 0 L
WATER OFC.:628-7431 P.O.Box 10 A -
COURT:628-1964
FAX 628-2241 Laurel,Montana 59044
Office of the City Planner
ZONING COMMISSION RECOMMENDATION ZC-25-01
Marvin Brown -Iron Horse Station Subdivision Zone Change Request
August 27, 2025
R-6000 to RMF
BACKGROUND:
The City of Laurel is an incorporated City within the State of Montana with powers established
under the Constitution of Montana XIA. The power and processes for the City to establish zoning
regulations are found in §76-2-301 et. seq. M.C.A.
Mr. Brown was the original developer for the Iron Horse Station Subdivision. The original intent
was to create a mixture of lots and lot sizes that would accommodate a wide array of housing
opportunities with the primary focus being on one- and two-family dwellings. Over time, the
perceived demand for new lots within the City of Laurel have changed in the opinion of the owner
but it is important to remember that just because the property is zoned multi-family that a purchaser
of any given lot may construct a single family residence. Our charge is to consider the rational
nexus for the adoption of zoning in the City of Laurel.
The application materials address several other points that outline the anticipated benefits of the
project. The application materials are incorporated into this report by reference.
LEGAL DESCRIPTION:
All of Block 6, Lots 1 and 2, Block 7 Iron Horse Station Subdivision located in Section 9,
Township 24 East, Range 2 South, P.M.M., City of Laurel, Yellowstone County, Montana. In
general, the properties front along Great Northern Road.
APPLICANT(S):
Marvin Brown—Iron Horse LLC
PO Box 80661
Billings MT 59108
1
EXISTING CONDITION:
The subject property is a platted residential subdivision. The property is served by public water,
sewer, streets,solid waste, is surrounded by RMF and CC Zoning Designations, and is greater than
2.07 acres in size.
PROCESS:
• The application for a Zoning Map Amendment (Zone Change) was submitted on June 30,
2025, and is scheduled for a public hearing on August 20, 2025 by the Laurel Zoning
Commission.
• The Zoning Commission following the Public Hearing may not make changes to or
conditional modifications to the zoning and map. The change may only be recommended
for approval or denial. In either case, the decision must be supported by findings of fact
and conclusions related to the rational nexus for the adoption of zoning or zoning
amendments.
• Those findings of fact and conclusions as well as the record minutes of the public hearing
will be submitted to the City Council for consideration, hearing and final decision.
• The City Council will conduct a duly noticed Public Hearing on the Zoning Commission
recommendation and an Ordinance of the City Council on First Reading.
o Should the Zoning Commission recommendation be denial and it is upheld by the
City Council on First Reading, the request is deemed denied.
o Should the Zoning Commission recommendation for approval pass on First
Reading, another public hearing and Second Reading and adoption will be
scheduled.
• If passed on Second Reading, the new zoning map assignment would become effective 30-
days post Second Reading.
ZONES INVOLVED: Existing and Proposed
➢ R-6000 -Residential 6000 District.
o The residential-6000 zone is intended to promote an area for a high, urban-density,
duplex residential environment on lots that are usually served by a public water and
sewer system.
➢ RMF—Residential Multifamily District.
o The residential multifamily zone is intended to provide a suitable residential
environment for medium to high density residential dwellings; and to establish,
where possible, a buffer between residential and commercial zones.
➢ CC —Community Commercial District.
o The community commercial classification is primarily to accommodate community
retail, service, and office facilities offering a greater variety than would normally
be found in a neighborhood or convenience retail development. Facilities within
the classification will generally serve an area within a one-and-one-half-mile radius
and are commensurate with the purchasing power and needs of the present and
potential population within the trade area. It is intended that these business facilities
2
be provided in business corridors or islands rather than a strip development along
arterials.
RATIONAL BASIS OF ZONING:
In the State of Montana, all jurisdictions proposing to zone or rezone property or to adopt or revise
their zoning regulations must issue findings of fact on a twelve-point test that constitute the rational
nexus/legal basis for the adoption of a zoning district, zoning regulations, or changes to zoning or
zoning regulations. This rational nexus is called the "Lowe Test".
I. Is the zoning in accordance with the growth policy;
Findings of Fact:
➢ Both the RMF and R-6000 are generally applicable, City Established, zoning districts.
➢ The requested zoning is based in the Growth Policy. A simple look at the Growth
Policy and future land use map will verify that the requested zone assignment is
consistent with the text and mapping components of the Growth Policy.
➢ The Growth Policy,Future Land Use Map, designates the property as Residential. The
Residential designation supports zoning assignment from R-7500 to RMF.
➢ The RMF designation is typically reserved for areas of proposed development,
redevelopment or in areas where adaptive reuse of existing structures that are
associated with significant land ownership is contemplated.
➢ Both the R-6000 and RMF have provisions for the creation of a Planned Unit
Development(PUD). The proposed development could be proposed in the R-6000 via
the PUD process.
➢ The requested zoning accomplishes several residential neighborhood goals and
strategies are implemented. Diversity of Neighborhoods, historic to modern;
accommodation of a diverse population both age and economic condition; Creation of
zones where expansion of non-motorized routes and access to the core of the
community. Residential districts protected from excessive noise and commercial
impacts and the conversion of structures to new uses is encouraged.
Conclusion: The requested zoning is in accordance with the Growth Policy and other adopted
rules and regulations of the City of Laurel.
II. Is the zoning designed to lessen congestion in the streets;
Findings of Fact:
➢ The proposed zoning encourages compact walkable development as well as expanded
opportunities for new uses.
➢ The property is located within reasonable walking distance of the Central Business District
and adjacent to Community Commercial. As such, the residents would be able to walk or
bicycle to essential services which would by default reduce the vehicular traffic on the
streets.
➢ The proposed zoning encourages compact urban development as such the need for
vehicular travel is limited.
3
➢ The property is located where all the necessary public infrastructure exists.
➢ The proposed zoning in conjunction with the development standards adopted with the
Subdivision Regulations will provide for flow through development, logical extension of
the gridded infrastructure network, and encourage pedestrian- friendly growth.
Conclusion: The requested zone should lessen congestion in the streets by ensuring orderly
growth and development of the property that is consistent with the proposed zoning
and other regulations adopted by the City of Laurel.
III. Is the zoning designed to secure safety from fire, panic, and other dangers;
Findings of Fact:
➢ The proposed zoning will provide for consistency in development along with provision of
police and fire protection.
➢ The proposed zoning incorporates enforcement of development standards, setbacks and
compliance with the other development standards adopted by the City of Laurel.
➢ In addition to the zoning,the City of Laurel enforces the International Building Codes. The
combination of regulations are life safety driven.
➢ The proposed zoning has restrictions on lot coverage, grading and development on steep
slopes and other areas that are potentially hazardous. The difference between R-6000 and
RMF is minimal.
Conclusion: The requested zoning along with other regulatory standards should provide safety
for residents and visitors to the city from fire,panic and other dangers.
IV. Is the zoning designed to promote health and the general welfare;
Findings of Fact:
➢ The proposed zoning imposes setbacks, height limits and building restrictions.
➢ The proposed zoning groups together like and consistent uses within existing
neighborhoods.
➢ The overall development standards of the RMF do not convey a significant benefit to the
subject property that is not available in the R-6000.
➢ In addition to the zoning,the City of Laurel enforces the International Building Codes. The
combination of regulations are life safety driven.
➢ The RMF and R-6000 are compatible residential districts. In fact, the RMF and R-6000
are adjacent to one another in multiple examples within the City of Laurel.
➢ The current zoning regulations restrict development in hazardous areas.
Conclusion: The grouping together of like and consistent uses promotes the health and general
welfare of all citizens of the City of Laurel. Further, the requested zoning is
substantially consistent with the land use in the surrounding neighborhoods.
4
V. Is the zoning designed to provide adequate light and air;
Findings of Fact:
➢ The proposed zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
➢ The only difference between the existing and proposed zoning is the building height limit
and lot coverage.
➢ The issue of lot coverage was diminished, in part,by the passage of legislation in the 2023
session.
➢ The proposed zoning implements the concept that the City of Laurel was developed
historically on a gridded network. Both the existing and proposed zoning requires the
perpetuation of this pattern. In doing so as the City plans for growth,the spacing and layout
of new development will facilitate provision of light and air to new development.
Conclusion: The proposed zoning ensures the provision of adequate light and air to residents of
the City through a continuation of the dimensional standards and other development
limitations.
VI. Is the zoning designed to prevent the overcrowding of land;
Findings of Fact:
➢ The proposed zoning imposes minimum lot size, use regulations and other limitations on
development.
➢ The amenities and parking associated with the proposed zoning can be contained within
the subject property.
➢ The RMF is a generally applicable zoning district within the City of Laurel with a minimum
district size of 2.07 acres.
➢ The area involved in the proposed rezoning is in excess of 2.07 acres.
Conclusion: The existing development standards of the requested zoning prevents overcrowding
of land.
VII. Is the zoning designed to avoid undue concentration of population;
Findings of Fact:
➢ The requested zoning is one of the generally applicable Laurel residential districts that
represents a holistic approach to land use regulation for the entirety of the City of Laurel
and is not focused on any single special interest.
➢ The overall maximum development densities are substantially similar between the R-600
and RMF.
➢ The requested zoning is one of four residential zoning districts that provide a continuum
of residential densities and manage development to create land use compatibility.
➢ The requested zoning imposes minimum lot sizes, maximum number of residences on a
single parcel and setback standards.
➢ The RMF is a generally applicable zoning district within the City of Laurel with a minimum
district size of 2.07 acres.
5
➢ The area involved in the proposed rezoning is in excess of 2.07 acres.
Conclusion: The proposed zoning prevent the undue concentration of population by encouraging
the most appropriate use and residential density at any given location within the
jurisdiction.
VIII. Is the zoning designed to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements;
Findings of Fact:
➢ The requested zoning establishes minimum standards for the provision of infrastructure
such as roads, sidewalks, water sewer, wire utilities and storm water management.
➢ The requested zoning encourages compact urban scale development and groups together
similar uses that will not detract from the quality of life expected in Laurel while providing
the economies of scale to extend water, sewer, streets, parks, quality schools and other
public requirements.
➢ The property for the requested zoning is served by City streets, water and wastewater
systems.
➢ The parent subdivision provided parkland as provided by the Laurel Subdivision
Regulations and the city has numerous developed parks and recreational opportunities.
Conclusion: The area affected by the requested zoning is served by insure the adequate
transportation, water, sewerage, school, parks, and other public requirements.
IX. Does the zoning give reasonable consideration to the character of the district and its
peculiar suitability for particular uses;
Findings of Fact:
➢ The RMF is a generally applicable zoning district within the City of Laurel with a minimum
district size of 2.07 acres.
➢ The area involved in the proposed rezoning is in excess of 2.07 acres. The property abuts
additional RMF zoning designations.
➢ The uses and development patterns between R-6000 and RMF are subtle. It is for this
reason that the Growth Policy supports a wide range of residential zoning designations
within the City.
➢ The requested zoning is one of the generally applicable Laurel residential districts that
represents a holistic approach to land use regulation for the entirety of the City of Laurel
and is not focused on any single special interest.
➢ The overall development standards of the RMF do not convey a significant benefit to the
subject property that is not available in the R-6000.
➢ The RMF and R-6000 are compatible residential districts. In fact, the RMF and R-6000
are adjacent to one another in multiple examples within the City of Laurel.
Conclusion: The requested zoning gives due consideration to the character of the existing
neighborhoods within the city as well as suitability for the particular uses.
6
X. Does the zoning give reasonable consideration to the peculiar suitability of the property for
its particular uses;
Findings of Fact:
➢ The RMF is a generally applicable zoning district within the City of Laurel.
➢ The requested zoning is one of the generally applicable Laurel residential districts that
represents a holistic approach to land use regulation for the entirety of the City of Laurel
and is not focused on any single special interest.
➢ The overall maximum development densities are substantially similar between the R-600
and RMF.
➢ The overall development standards of the RMF do not convey a significant benefit to the
subject property that is not available in the R-6000.
➢ The RMF and R-6000 are compatible residential districts. In fact, the RMF and R-6000
are adjacent to one another in multiple examples within the City of Laurel.
➢ Both the R-6000 and RMF have provisions for the creation of a Planned Unit Development
(PUD). The proposed development could be proposed in the R-6000 via the PUD process.
➢ The requested zoning accomplishes several residential neighborhood goals and strategies
are implemented. Diversity of Neighborhoods, historic to modern; accommodation of a
diverse population both age and economic condition; Creation of zones where expansion
of non-motorized routes and access to the core of the community. Residential districts
protected from excessive noise and commercial impacts and the conversion of structures
to new uses is encouraged.
Conclusion: The requested zone gives reasonable consideration to the peculiar suitability of the
property for its particular uses.
XI. Will the zoning conserve the value of buildings;
Findings of Fact:
➢ The requested zone groups together like and consistent uses and is consistent with the
existing zoning in the various neighborhoods of the City of Laurel.
➢ The RMF and R-6000 are compatible residential districts. In fact, the RMF and R-6000
are adjacent to one another in multiple examples within the City of Laurel.
➢ Both the R-6000 and RMF have provisions for the creation of a Planned Unit Development
(PUD). The proposed development could be proposed in the R-6000 via the PUD process.
➢ The requested zoning accomplishes several residential neighborhood goals and strategies
are implemented. Diversity of Neighborhoods, historic to modern; accommodation of a
diverse population both age and economic condition; Creation of zones where expansion
of non-motorized routes and access to the core of the community. Residential districts
protected from excessive noise and commercial impacts and the conversion of structures
to new uses is encouraged.
➢ The proposed zoning reinforces that residential buildings will continue to be used for equal
or greater potential residential purposes.
Conclusion: The requested zoning will conserve or in many cases enhance the value of
buildings.
7
XII. Will the zoning encourage the most appropriate use of land throughout the municipality?
Findings of Fact:
➢ The proposed zoning and zoning map provide for transitional areas between uses that may
be incompatible.
➢ The requested zoning expands an existing mixed-use residential district that is specifically
intended to ease the transition between residential and commercial uses.
➢ The requested zoning is consistent with the type of development that exists and is occurring
in the surrounding neighborhood.
➢ Providing a healthy mix of residential properties is in the best interest of the city, property
owners and potential buyers.
➢ The requested zoning accomplishes several residential neighborhood goals and strategies
are implemented. Diversity of Neighborhoods, historic to modern; accommodation of a
diverse population both age and economic condition; Creation of zones where expansion
of non-motorized routes and access to the core of the community. Residential districts
protected from excessive noise and commercial impacts and the conversion of structures
to new uses is encouraged.
➢ RMF is and has been assigned adjacent to both the R-7500 and R-6000 zoning assignments.
With all but one of the current assignments being adjacent to R-6000.
Conclusion: The requested zoning should encourage the most appropriate use of land not only
in the neighborhood but throughout the City of Laurel.
OTHER NOTABLE FACTORS:
➢ The mandates associated with SB 382 and other legislation passed during the 2023
Legislative Session requiring communities with greater than 5,000 population to
increase opportunities and options for housing within the community.
RECOMMENDATION:
The Zoning Commission finds that the requested zoning is INCONSISTENT with the Laurel-
Yellowstone Growth Policy; that the rational nexus for the adoption of zoning is not met, due to
expressed concerns with traffic, lack of adequate infrastructure to support the increased density,
and that the citizens of Laurel have participated in the creation of the proposed rezoning process.
Further, that the Zoning Commission recommend that the City Council DENY the Zoning
Classification of RMF on all of Block 6, Lots 1 and 2, Block 7 Iron Horse Station Subdivision
located in Section 9, Township 24 East, Range 2 South, P.M.M., City of Laurel, Yellowstone
County, Montana (on a 4-3 vote).
8
i
Zone Change Application
Iron Horse Subdivision
Yellowstone County, Nlontana
Client:
IRON HORSE STATION, LLC
PO BOX 80661
LAUREL, MT 59108
r
Prepared By:
44P MEG
Oak
550 N 3I St, Suite 11 l • Billings, Montana • Phone (406) 545-6420 - Imegcorp.com
Project: 20001607.00
June 2025
,1
`v
IMEG
ZONE CHANGE APPLICATION
IRON HORSE MAJOR SUBDIVISION ZONE CHANGE
M EG #20001607
Docusign Envelope ID: =8DB4567-773D-460B-ABAD-766F7E7DADA3
CITY HALL
W ST City Of Laurel • Il
PLANNING: 628-4-96
WATER OFC.:6'ti-7431
r,-t P.O.Boy 10
COURT: 628-19
FAX 628-2241 Laurel, Montana 59044
Office of the Cite Planner
Zone Change Application
Information Sheet
This is an application for a zoning amendment/change to the official zoning map and/or
ordinance for the City of Laurel and its surrounding Zoning Jurisdiction. Such Applications to
re-zone are considered first by the Laurel City-County Planning Board, which acts as the Zoning
Commission, whose recommendations are then transmitted to the City Council for a final
decision.
General Notes:
I. All Questions must be answered fully.
2. Information must be written or typed legibly.
3. Supporting documents may be attached as needed.
4. Applications not filled completely or properly will not be accepted.
5. Attaching site plans or related construction plans are helpful for zone changes on
properties with new construction.
6. Photographs or other site images are helpful during the review process.
Required Documents:
1. Completed Application Form
2. 300-foot radius map of property under-consideration for Zone Change. (Satellite, Plat,
Survey, or site plan acceptable)
3. Organized, typed list and/or set of 3 (three)mailing labels for all property owners of
record within 300-feet of the property under consideration for the Zone Change.
4. Letter stating the justification and reason for the Zone Change, including proposed use of
the property.
5. Copies of any Covenants and/or deed restrictions on the property.
6. Zone Change Application Fee. (As specified in the Laurel Schedule of Fees)
Overview of the Zone Change Process:
1. The Applicant shall meet with the Planning Director to discuss the zone change, the zone
change process, and the required documentation prior to the submittal of a completed
application for zone change.
Pagel of 4
Docusign Envelooe ID =BOB4567-703D-460B-ABAD-766F7E7DADA3
2. The Applicant shall submit the application form, zone change fee, addresses. maps. and
any other supporting documents to the Planning Department at least 30 days prior to the
Planning Board meeting at which it will be reviewed.
3. City Staff will notify the Applicant of any missing information in the Application.
4. City Staff will place the complete and sufficient Zone Change Application on the agenda
of the next available Planning Board meeting.
5. City Staff will place a public hearing notice in a newspaper of record at least 15 (fifteen)
days prior to the public hearing. City Staff will also mail public hearing notices to all
property owners of record within 300 feet of the property at least 15 days prior to the
public hearing.
6. The Planning Board, acting as the Zoning Commission, will hold a Public Hearing on the
Zone Change. During the hearing, the applicant shall present their item and provide any
additional information to the Planning Board. The Planning Board will also decide to
approve or deny the Zone Change request.
7. City Staff will forward the recommendation of Planning Board to the Laurel City Council
for their final decision.
8. Laurel City Council will hold a Public Hearing on the Zone Change Application.
9. Laurel City Council will decide to either approve or deny the zone change request.
10. City staff will work with the City Attorney to determine if an update to the Zoning
Ordinance is required.
11 . City staff will work with the applicable Yellowstone County Departments to ensure all
zoning maps and mapping information is updated after the Zone Change occurs.
Page 2 of 4
Docusigr E-iveiope ID F80B4567-703D-460B-A8AD-766F7E7DADA3
HALL
LL
I, ST City Of Laurel
PLANNING: 628-4796
WATER OFC.: 628-7431 P.O.Box 10
COURT.6'_8-1964
FAX 629-2241 Laurel, Montana 59044 jw_
Office of the City Planner
Zone Change Request
The Undersigned as owner or agent of the following described property requests a Zone Change
as outlined in the City of Laurel Zoning Ordinance.
Current Zoning District (if zoned):
Residential 6000
Proposed Zoning District: Residential Multifamily
Legal Description of the Property: IRON HORSE STATION SUB, S09, T02 S, R24 E, BLOCK 6,
BLOCK 7 (Lots 1 &2)
Address or General Location: Great Northern Road, Laurel, MT 59044
Owners),Appl icant(s):
Name: Marvin Brown - Iron Horse, LLC
Address: PO BOX 80661 Billings, MT 59108
Phone:
Email: mbrown@rockymtnranch.com
Name:
Address:
Phone:
Emai 1:
Page 3 of 4
JuuJ511�I I CI I vu I uuC 1". rouomouf'I uow-4u,i D-r1J11 Uurl=(LJ LJeW
s\gycn t(s).'Represen(auvc(s).
Name- Kolten Knatterud
Address 550 N 31 st St - Suite 111, Billings, MT 59101
Phone: (406) 545-642C
Email kolten.l.knatterud@imegcorp.com
PuMoseiReason for Zone change:
Please review the attached materials provided with this application
I understand that the application fee accompanying this application is non-refundable, that it pays
the cost of processing, and that the fee does not constitute a payment for a zoning change
approval. I further certify that all the information presented on this application and its supporting
documentation is true and correct. Docus�gneaey
Owner/Applicant Signature:
OFT ,aF^A:c
6/16/2025
Date:
Agent and/or Representative Signature.
Date:
Page 4 of 4
4PAk- I MEG
ZONE CHANGE MEMO
IRON HORSE MAJOR SUBDIVISION ZONE CHANGE
IMEG #20001607
* 1M G
June 2025
City of Laurel Planning Department
City Hall
115 W 1st St I PO Box 10
Laurel, MT 59044
RE: Zone Change Request— Iron Horse Subdivision, Blocks 6 & 7 (Lots 1 & 2)
Dear City of Laurel Planning Team,
On behalf of the property owner, we respectfully submit this request to amend the zoning for
Blocks 6 and Block 7 (Lots 1 & 2) of the Iron Horse Subdivision from Residential 6000 (R-6000)
to Residential Multifamily(RMF).This request is consistent with the existing development pattern,
surrounding zoning districts, and the City of Laurel's adopted Growth Management Policy.
The developer currently maintains ownership of all lots within Blocks 6 and 7, providing a cohesive
opportunity to implement a unified multifamily development concept. The proposed zone change
complements adjacent land uses and zoning designations. Notably:
• Block 1, Block 2, and majority of Block 7—all directly adjacent to the subject properties—
are already zoned Residential Multifamily (RMF); -
• The proposed zoning would establish continuity and eliminate a zoning island of R-6000
among RMF blocks.
The Iron Horse Subdivision was designed to support a range of residential types, and the existing
infrastructure—roadways, utilities, and access—can adequately serve the densities permitted in
the RMF district. The transition to RMF allows greater flexibility in building form while continuing
to provide housing options within the intended residential context.
Furthermore, this request supports several goals outlined in the 2020 Laurel Growth Management
Policy, including:
• Goal 1 of the Land Use Chapter: "Encourage infill and redevelopment that maximizes the
use of existing infrastructure";
• Goal 1 of the Housing Chapter: "Encourage a mixture of housing types to meet the
demand of all market sectors."
The requested change facilitates development that is compatible with neighboring uses and
supports Laurel's goal of providing diverse housing choices within established neighborhoods.
We appreciate your consideration and look forward to presenting this request at the upcoming
Planning Board meeting.
Sincerely,
Kolten L Knatterud, PE
IMEG I Principal, Client Executive
�` Page 1 of 1
* IM G
ADJOINING PROPERTY OWNERS LIST
IRON HORSE MAJOR SUBDIVISION ZONE CHANGE
IMEG #20001607
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COVENANTS & RESTRICTIONS
IRON HORSE MAJOR SUBDIVISION ZONE CHANGE
M EG #20001607
AFTER RECORDING RETURN To: I 1il1111111
3332549
2110 OVERRLAND AVENUE #122 111t11I,11111 11. II`IIIIIilllil� as9:� 2oosf alZ+a
BILLINGS MT 59101 RES
ST41552 / jw
IRON HORSE STATION SUBDIVISION
DECLARATION OF
USE RESTRICTIONS AND COVENANTS
IRON HORSE STATION, LLC, being the Owner and Developer of the
following described real property:
Parcel 1:
A tract of land in Section 9, Township L South,
Range 24 East, P.M.M. , described as Tracts 1 and 2
of Certificate of Survey No. 1943, according to the
official plat on file in the office of the Clerk
and Recorder of Yellowstone County, Montana, under
Document No. 1143464.
Excepting therefrom the Southerly 50 feet of Tract
1 and the Northerly 50 feet of Tract 2 conveyed to
Nutting Drain District by Warranty Deed recorded
June 10, 1931, in Book 159, Page 81, .records of
Yellowstone County, Montana.
Parcel 2:
Lots 1, 2 and 3, Block 1,
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
IS, 16, and 17, Block 2,
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 4,
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
is, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block S,
of Iron Horse Station Subdivision, in the City of
Laurel, Yellowstone County, Montana, according to
the official plat thereof on file and of record in
the office of the Clerk and Recorder of said
County, under Document No.
hereafter represented by Marvin J. Brown, Member, declares as
follows:
The following restrictions for Iron Horse Station Subdivision
shall run with the land to the benefit of all lots and the public,
and shall be binding upon all owners and their successors in
interest and assigns. All owners, by acceptance of a deed to any
lot subject to this Declaration, and all purchasers under a
contract for sale, agree to conform and be bound by these
covenants and restrictions. The following are part of a general
plan to sustain the value, desirability and attractiveness of the
property:
1
(IIIII��III IIIII 1111111 IN 1111 III(III Page: 12
Yellawstone C.Ul t/ RES 72 'Zm
1 . DEFINITIONS. Unless otherwise expressly provided, the
following words and phrases, when used in this Declaration of
Restrictive Covenants shall have the following meanings:
a. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, excluding those
having such interest merely as security for the
performance of an obligation. If any lot has been sold
under a contract for deed or agreement for future
delivery of title, the purchasers of that lot shall be
deemed to be the only owner.
b. "Property" shall mean and refer to the legal description
described above.
C. "Lot" shall mean and refer to any one of the
above-described lots shown upon any recorded subdivision
map of the Property.
d. "Subdivider" shall mean and refer to IRON HORSE STATION,
LLC, subdivider of Iron Horse Station Subdivision.
e. "Developer" shall mean IRON HORSE STATION, LLC, its
successors and assigns; provided, however that no
successor or assignee of the Developer shall have any
rights or obligations of the Developer hereunder, unless
an assignment. for such rights or abligatiors is
specifically set forth in an instrument of succession or
assignment or unless such rights and obligations pass by
operation of law.
f. "Single Family" shall mean one or more persons living
together as a single, non-profit housekeeping unit, as
distinguished from a group occupying a hotel, motel,
club, fraternity or sorority, commune and the like.
g. "Accessory Building" shall mean a building, such as a
garage or shed, detached frcm a dwelling and used for
purposes which are incidental and subordinate to
residential or permitted commercial uses.
2 . EASEMENTS. No structure of any kind shall be erected,
permitted or maintained on any casements or on Nutting Drain right
of way all as shown on the plat of this subdivision. See Exhibit
"A" attached hereto.
3 . PERMISSIBLE BUILDINGS. All buildings and other structures
must comply with the City of Laurel zoning regulations and codes.
Lots 1 through 24, Block 4, Lots 1 through 24, Block 5, shall each
be used for single-family residential use and accompanying
2
IIIIII IIIII IIII IIIIIII IIlI III IIIIIII II�II I)�I�I IIII 3333 f o12
Yellowstone County RES 'Z 00
structures only. The term "residential purposes" used 'herein
shall be construed to exclude duplex houses, with the exception of
Lots 1- 17, Block 2, which may be used for duplexes. Lots 1, 2 and
3, Block 1, may be used for duplexes or triplexes. No store,
office, or other place of business of any kind and no hospital,
sanitarium, professional or commercial uses shall be erected or
permitted upon any of said lots. However, an in-home business may
be operated as long as it is not obvious to the public from the
street, has no sign, and causes no noticeable increase in traffic
over and above normal residential activity. In addition, the
undersigned or their nominee may use any lot for a model home and
office to promote sales.
The only permissible buildings on the lot or lots shall be
the following:
a. Each dwelling shall be constructed so that the floor
area enclosed within the perimeter of the exterior
walls, exclusive of the basement, if any, shall not be
less than:
,i) For single family homes: 1, 160 square feet on the
ground level, exclusive of open porches, decks,
garages, breezeways, and other non-living areas.
(ii) Structures shall be limited to two and a half (2
1/2) stories in height on any side or elevation.
(iii) Each single family home shall have a minimum of
an attached two (2) car garage.
,iv) For duplexes and triplexes: 600 square feet per
living unit on the ground level, exclusive of
open porches, decks, garages, breezeways and
other non-living areas. Each unit in a duplex or
triplex shall have a minimum of a single car
garage.
b. An attached or detached accessory building may be
constructed as long as it meets the following criteria
and the approval of City Code: May be built not to
exceed one hundred twenty (120) square feet in size nor
exceed ten (10) feet in height. It shall be located on
a concrete slab or foundation, and the siding and
roofing matches that of the residence-
C. All roofing shall be of high quality masonite shingle,
concrete tile, color coated metal, or composition
asphalt shingle. No hot mop, tar and gravel, tin,
3
IIIIII(IIII lily 111111I IN 1111 IT 1111 3334 of 12
Yellowstone County RES 72 00
galvanized metal or sod roofs shall be allowed.
d. All structures to be erected on the subject property
shall be of normal and traditional shape, design, style,
materials and colors consistent with a quality
residential architecture of attractive design. Geodesic
domes, "A" frames, flat tops and other unconventional,
modernistic or experimental styles shall not be allowed.
e. Exterior siding on residential structures shall be of
low or no maintenance materials including vinyl,
non-reflective metal, stucco, brick, stone, permacrete
or glass or attractive combinations thereof. The siding
on an accessory storage building shall match the siding
of the house.
4 . ALLOWED VARIANCES. Lots 4 and 5, Block 1, Iron Horse Station
Subdivision, are zoned community commercial and are not subject to
these restrictions and covenants. Lots 1, 2, 3, 4, 5, 6 and 7,
Block 3, Iron Horse Station Subdivision, are zoned community
commercial and designated as an "assisted living" area and are not
subject to these restrictions. Blocks 6, 7, and B, Iron Horse
Station Subdivision, are not subject to these restrictions.
However, Developer reserves the right and power, pursuant to
70-15-301 MCA in its sole discretion to subject Blocks 6, 7 and B
and Lots 1, 2, 3, 4, 5 and 6, Block 3, of Iron Horse Station
Subdivision to the provisions of this Declaration by executing and
recording an Amendment to this Declaration, without consent or
approval of any other owners of lots subject to this Declaration.
5 . BUILDING AND USE RESTRICTIONS.
a. Any structure erected on any lot shall be of new
construction, and no structure including manufactured
homes of any type shall be moved onto any said lots.
b. Any structure erected on any lot shall be commenced
within sixty (60) days after equipment and material to
be uscd in the construction are moved onto the
location, and all construction shall be pursued with
reasonable diligence. All construction debris is to be
removed within_ fourteen (14) days after finish of the
exterior.
c. No trailer, mobile home, basement, tent, shack, garage,
or other outbuilding situated or erected shall at any
time be used for residential purposes, temporarily or
permanently, and the exterior of the dwellings shall be
finished in its entirety before the dwellings can be
4
I(IIIII IIIII IIIII IIIIIII Illl IIII IIIIIII fl�IIII!IIII Illl Page: 5 of 12
3332549
Yellowstone :ounty RE$ 72 00
occupied.
d. No antennas or satellite Dishes exceeding one meter in
diameter or diagonal measuremen= shall be installed on
the ex=erio. of any building, in a yard, or on common
elements without uric_ written approval of the
Architectural Review Committee. Owners ra•: have a
professional!*/ installed small satellite ' dish or
antenna, not exceeding one %1, meter in diameter or
diagonal measurement, inconspicuously placed in the
yard at the back or side of their nome, duplex or
triplex, or or the exterior surface of their home.
withcut prior approval of the Architectural Review
Committee. The location_ of the satellite dish must
comply with the ordinances of the City of Laurel.
e. All residences shall conform to the setback
requirements of the City of Laurel Zoning Ordinance and
the following:
i. No residence or other structure shall be located
on any the lots so that any part of such
structure, other than entrance vestibules,
awnings, or minor decorative fixtures, is nearer
than 20 `eet from _he front lire of the lot on
which the structure is located.
ii. No building shall be located less than five (5)
feet from either side lot line of the lot on
which the building is located, measured from the
lot line to the nearest wall of the building,
(the setback) . :n addition., two story homes must
comply with the side setback restrictions set
forth in the zoning ordinances of the City of
Laurel in effect at the time of construction of
the home.
f. Livestock or poultry shall not be kept or maintained
on any lot, nor shall domestic pets be kept or
maintained for breeding or commercial purposes on any
lot . A maximum of two dogs or two cats car, be kept by
the owners of any one residence. Animal kennels must
be placed within twenty ;20' feet of the residence and
ir. an area tjhich is inconsuicuous and removed from
direct view of neighbors and the primary road and
owners shall be responsible for cleaning up after
their pets.
g. No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which
might become an annoyance or nuisance to the
neighborhood, or that is unsightly, unclean or
presents a hazardous condition. No trash or obsolete
:materials shall be allowed to accumulate on any of the
5
IIIIII 111111111111111 III)1111111111111111111111111 3336 of 12
Yellowstone County RES 72 00
above described lots .
h. No nor_ operating or non-licensed vehicles or portions
thereof shall be Permitted on anv lot, except inside a
garage, nor shall ar._i motor vehicles used in organized
or unorganized aurorrobile or stock races be stored or
maintained on said premises, except inside a garage.
i. All trash or other refuse cans and containers shall be
kept in garages or Jr. enclosures such that they are
concealed CLum view. No burning barrels shall be
allowed in any of the areas. Garbage cans shall be
located to the rear of the dwelling or within the
garage, except on days garbage pickup is made.
j . No clothes line poles, wires or devices for hanging
clothes shall be erected on any rot or building. A
retractable clothes line is permissible if it is
retracted when not in use.
k. Fences shall comply with all ordinances enacted by the
City of Laurel in effect at the time the fence is
erected. All fences shall be erected of plastic,
masonry, stucco, or ornamental iron. No chain-link or
wire material, railroad ties, rubber tires, rubble or
salvaged material shall be used.
1. No trailer houses, boats, snowmobiles, motorcycles,
motorbikes, touring vehicles, recreational vehicles,
motor homes, or other similar vehicles, and no
abandoned, junked, or wrecked vehicles, shall be
stored for more than seven (7) consecutive days on any
lot, unless the same are enclosed so that they will he
concealed from the view of streets and lots which are
adjacent to the lot on which they are located.
G. LANDSCAPING AND SIDEWALKS. Within six months after residence
is occupied there shall be planted, maintained, and in case of
death or destruction, replaced by the owner, two trees in the
boulevard, or if there is no boulevard, in the front yard, and two
trees in the back yard or side yards of the lot on which such
residence is located. Corner lot owners must plant two trees in
the boulevard on each of the street frontages. Each deciduous tree
shall be at least six feet in height; evergreens shall be at least
three feet in height. Also a lawn must be installed and
maintained, and all weeds and noxious growths shall be abated or
eradicated.
Lot owners are responsible for the cost of putting in
6
111111111191113111111111l3332549
Y4.1*.s.3^4 _0vnt.
RE$ T=pp
sidewalk which will meet the ordinance requirements of the City of
Laurel. Trees placed in the boulevard shall be specified as to
location and variety by the Developer. Lot owners must sod,
irrigate and care for the boulevard area between their lot' s
sidewalk and street.
7 . DEVELOPER OVERSIGHT. An Iron Horse Station Oversight
Committee composed of three individuals may be appointed by the
Iron Horse Station, LLC to enforce, oversee, and supervise the
building and development of the subdivision. The majority of the
Committee may designate a representative to act for it. In the
event of death or resignation of any member or members of the
Committee, Iron Horse Station LLC. , shall have full authority to
designate a successor or successors. Neither the members of the
Committee nor its designated representative shall be entitled to
any compensation for services performed pursuant to this covenant.
The Oversight Committee shall be dissolved when the Homeowners
Association is established.
8 . FORMATION OF HOMEOWNERS ASSOCIATION. When eighty percent
;80s; of the lots subject to this Declaration have been sold, the
Homeowners Association shall be formed by the owners. The owners
shall have the power to file Articles of Incorporation, form a
Homeowners Association with Bylaws and record the documents with
the Yellowstone County Clerk and Recorder.
9. MAINTENANCE. Upon purchase of a lot, maintenance fees of
$75 .00 per lot will be assessed in January of each calendar year.
Lot owners adjacent to any parkland, or the Nutting Drain, or East
Maryland Lane, will be responsible for mowing and trimming those
areas until Homeowners Association is in place.
10. TRAILS/SIDEPIALKS/PATHWAYS. Trails, sidewalks and pathways
provide access throughout the subdivision: Pedestrian traffic
shall be limited to the trail system as much as possible. No
motorized vehicles shall be allowed on trails, sidewalks and
pathways in the Iron Horse Station Subdivision.
11. ARCHITECTURAL REVIEW.
(a) Architectural Review Committee. So long as Developer
owns any of the above-described lots, or any Lots in
Iron Horse Station which are hereafter subjected to the
7
Illlll IIII)lll�l 1111111 IN 11 35112/200
3338 of 12
Yellowstone County RES 72 00
provisions of this Declaration., Ceveloper shall have the
sole authority to appoint an Architectural Review
Committee -ARC'. , to review any and all plans for homes
or for improvements to any lot subject to this
Declaration. The initial members of the ARC shall be
Marvin Brown_, Janet Brown, and Jeanna Fry. Upon sale of
all lots by Developer and Iron Horse Station, LLC, the
Association shall appoint the members of the ARC. Iron
Horse Station, LLC, in its sole discretion, may elect to
turn over its power to appoint the ARC members to the
Associationi at any time prior to sale of all lots.
(b) Required Plan Review. Except for homes and other
improvements constructed by iron Horse Station, LLC, no
home or other improvement shall be erected, constructed,
placed or maintained upon any lot, nor shall any
remodeling, reconstruction or alteration of a building's
exterior be made or continue to be made, unless and
until the same has beer. approved in writing by the ARC.
Owners must also obtain approval of the ARC to any
changes to approved plans if those changes affect the
exterior of the building or other exterior home or
improvement.
(c) Review Application. Before beginning the construction of
any home or other improvement, and before beginning any
alteration of an existing building's exterior, the
person desiring to erect, construct, or modify the same
shall submit to the ARC two sets of the following plans
for the proposed home or other improvements, and any
other information requested by the ARC.
i. Site Plan: A site plan showing: 1) the location of
al—1—improvements including structures, fences,
walls, driveways, parking areas, utilities,
outbuildings, decks; and 2; existing topography and
contour in relation to the proposed home or other
improvement and cut and fill excavation
requirements; and 3) other pertinent information
relating to the home or other improvement.
ii. Buildinq Plan: A building plan which shall consist
of: 1) the Structures dimensions; and 2) elevation
drawings or sketches of the exterior of the
Structure(s) ; and 3) information concerning the
exterior of the Structures) which shall indicate
all exterior colors, materials and finishes,
including roof, to be used.
The ARC may, in its discretion, require the Owner to furnish
additional specifications, drawings, material samples or such other
information as it deems necessary for the purpose of reviewing the
8
IIIIlI II I)IIII�1111111 III 111111111111111111111111 3339 of 12
Yellowstone County RES 72 00
application.
;d) Basis of Aooroval. Approval by the ARC shall be based,
among otter things, on; a) conformity and harmony of
external design with neighboring homes or other
improvements, b) the effects of location of the proposed
home or other improvements on neighboring Lots, c)
relation of home or other improvements and finished
ground elevations to existing topography and grades, d,
the overall aesthetics of subdivision; and f) the
conformity of Plans to the provisions of this
Declaration.
,e) Decision.. The ARC shall _ender its decision with
respect to an application within ten =0i days after the
receipt of a complete application. The decision of the
ARC can be in the form of an approval, a conditional
aoprova; , or denial and shall be in writing. A copy
shay_ be mailed to the applying Owner, and to the
Association' s Board of Directors.
;f) Non-Liability. Neither the ARC nor any member thereof,
or the Developer or any partner, officer, employee,
agent, successor or assign thereof, shall be liable to
the Association, any Owner or any other person for any
loss, damage or 'injury arising out of or connected with
the performance by the ARC members of their duties and
responsibilities by reason of a mistake in judgement,
negligence or nonfeasance arising out of or in
connection with the approval or disapproval or failure
to approve an application. The aforementioned parties
will not make decisions on, and assume no responsibility
for; a:• the structural capacity, safety features, or
building code compliance of any home and other
improvement, b; whether or not the location of a
proposed home and other improvement is free from
possible geologic or natural hazards, or other possible
hazards caused by conditions occurring either on or off
the subject property, the internal operation or
functional integrity of any home and other improvement,
or d, any City of Laurel, Montana zoning ordinance or
building code violations.
Every person who submits an application to the ARC, by
submission of such an application, and every Owner by
acceptance of a deed to any lot agrees not to bring any
action or suit against the Association, its Board,
members of the ARC, or the Developer or its owners,
officers, employees, agents, successors or assicr-s to
recover damages resulting from the architectural review
process set forth herein.
The decisions of the ARC and the requirement to obtain
9
111111111N111111111111111111111I 333z549
11111111111111112 00 �35 I2120 5 1
RES .� ��
approval of the ARC may be enforced by the Development
by
Committee, the Association, or by any Owner,
y bringing an action for specific performance, or for
an injunction, prohibitory or mandatory. Such actions
shall be timely _f brought within four months after it
becomes apparent tn3t ar.
requi owner has not obtained the
red approval or has deviated from plans, whichever the approved
occurs later. In any such action, the
Prevailing party shall be entitled losing party all costs and attorney to recover from thefees incurred.
!g% Homes ExemBt From Review
. Plans for homes to be
constructed by Iron Horse Station, LLC shall not be
subject to review by the ARC and Iron Horse Station, LLC
need not submit its plans to the ARC.
12 . RICHT TO ENFORCE. The restrictions herein set forth shall run
with the land and bind the present owners, their heirs, devisees,
trustees, and assigns; and any and all parties claiming by,
through or under them, shall be taken to hold, agree and covenant
with the owners of said lots, their heirs, devisees, trustees, and
assigns, and with each of the owners of said lots, to conform to
and observe said restrictions as to the use of said lots and the
construction of improvements thereon; but no restrictions herein
set forth shall be personally binding upon any corporation or
person except in respect to breaches committed during its or his
ownership of or interest in said land.
The owner or owners of any of the above lands, the Developer
Oversight Committee and IRON HORSE STATION, LLC shall have the
right to sue for and obtain an injunction,
mandatory, to prevent the breach of, prohibitive or
Of, the restrictions set forth above,r to enforce the observance
or hereafter
mpose , in
addition to the ordinary legal action fordamages. The 1 failure of
the present owners, or the owner or owners of any above-described
lot to enforce the restrictions herein set forth at the time of
any violation thereof shall not be construed as a waiver of right to do so. When the initial sale of all the
lots is completed,
terminated.
IRON HORSE STATION, LLC's right to enforce these restrictions is
Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any of the other
10
I Illlil Illlllllll lllllll IIIIIIIIIIIIIIIII 1 3332549
11�1111111111 Page: 11 of 72
y0!lou.!�n• Co�n;y RES 72 Ca 051 21 005 10 1+o
Provisions which shall remain in full force and effect .
The losing party in any action, lawsuit or arbitration
proceeding brought to enforce these Restrictive Covenants shall be
obligated to pay the reasonable attorney fees incurred by the
prevailing party, together with costs incurred in the lawsuit or
arbitration proceeding. Costs and attorney fees shall be a lien
on the property of the violating owner and may be foreclosed in
the same manner as a construction lien.
13 . AMENDMENT These restrictions and maintenance obligations
may be amended or rescinded, in whole or in part, and additional
provisions added, only with written consent of at least sixty-six
(66%) percent of the lot owners of lots subject to these
restrictions and obligations. No amendment shall be effective
until it is recorded in the office of the Yellowstone County Clerk
and Recorder. Each lot has only one vote.
ownership of a lot shall be considered as havingCO-Ownership, or joint
If any lots are still owned by the original Developer, one vote.
of the original Developer is required t p the consent
o change the Restrictions
and Covenants in whole or in part.
DATED this / /
day of /I"�
2005.
IRON HORSE STATION, LLC
BY.
Al
STATE OF MONTANA
County of Yellowstone ' ss.
This instrument was acknowledq before me on r
2005, by IRON HORSE STATION, LLC.
WX O'BLEWM
p^� •� n no n•
' �B& atFblttun Notary public for the State of Montana
;SEAL) �►c;�,' ' McolwA�on Residing at Billin s,EWY-Mudl7.2009 My Commission Expires ontana
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Retum To:
Pedersen & Hardy, P.C.
1001 South 24th Street West, Suite 110
Billings MT 59102
File No. 34106
I 3374701
III page: t of I 2
II
III I II II III II Ye � IIIII 04 i..�� III r2 �
one ..aunty RE5 22 CJ 2006 02.45P
FIRST AMENDMENT TO IRON HORSE STATION
SUBDIVISION DECLARATION OF USE RESTRICTIONS
AND COVENANTS
THE UNDERSIGNED, being the owner of all of the lots in Iron Horse
Station Subdivision, hereby amends the Declaration of Use Restrictions and
Covenants recorded May 12, 2005, under Document No. 3332549, in the office of
the Clerk and Recorder of Yellowstone County, Montana, as follows:
1. The following provision is hereby added to Section 3, Permissible
Buildi s-
Duplex and tri-plex buildings and the lots on which they are located
may be subdivided or subjected to the provisions of the Montana
Unit Ownership Act, as amended from time to time.
Duplex buildings are permitted on the following Lots:
Lots 1, 2 and 3, Block 1, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10. 11.
12, 13, 14. 15. 16, and 17, Block 2, of Iron Horse Station
Subdivision, in the City of Laurel. Yellowstone County,
vlontana, according to the official plat thereof on file
and of record in the office of the Clerk and Recorder
of said County, under Document No. 3330583.
Tri-plea buildings are permitted on the following Lots:
Lot 3. Block 1, of Iron Horse Station
Subdivision, in the City of Laurel, Yellowstone County,
Montana, according to the official plat thereof on file
and of record in the office of the Clerk and Recorder
of said County, under Document No. 3330583.
2. The following is hereby added:
14. Headings, The headings used in these Use Restrictions and Covenants
are for convenience only and shall not be deemed to limit the
provisions of these Use Restrictions and Covenants.
Iron Horse Station Subdivision Declaration of Use Restrictions and
1
ItimiiiiiiillmNllllllillillililI 3374701
Page: 2 of 2
4�
0 2 1 2 0
Yoiloustore County RE$ 22 C0 008 02.45.
Covenants, as amended from time to time, applies to the following described real
property in Yellowstone County, Montana:
Parcel 1:
A tract of land in Section 9, Township 2 South, Range 24 East,
P.M.M., described as Tracts 1 and 2 of Certificate of Survey No. 1943.
according to the official plat on file in the office of the Clerk and
Recorder of Yellowstone County, Montana, under Document No.
1143464.
Excepting therefrom the Southerly 50 feet of Tract 1 and the
Northerly 50 feet of Tract 2 conveyed to Nutting Drain District by
Warranty Deed recorded June 10, 1931, in Book 159. Page 81, records
of Yellowstone County, Montana.
Parcel 2:
Lots 1, 2 and 3. Block 1,
Lots 1. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, Block 2,
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23 and 24. Block 4,
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15. 16, 17, 18, 19, 20, 21 22
23 and 24, Block 5,
of Iron Horse Station Subdivision• in the City of Laurel. Yellowstone
County. Montana, according to the official plat thereof on file and of
record in the office of the Clerk and Recorder of said County, under
Document No. 3330583.
In all other respects, the Declaration of Use Restrictions and Covenants for
Iron Horse Station SubdiXision described above, shall remain as written.
DATED this /� day of L J - 2006
IRON HORSE STATION. LLC
BY:
Its:
STATE OF MONTANA )
County of Yellowstone ss.
This instrument was acknowledged before me on / �c.�,,, Brown as
of IRON HORSE STATIO , LLC.
l
i r*tip • -117
(print or type name of notar )
Notary Public for the State of Montana
Residing at , Montana 4,r
OF ��`��. My Commission Expires i 200
2
S�: part Title Company —Billings Division is
PO g,>V Sou recording this document as a courtesy only;
fl—refore. no liability will be assumed.
SECOND AMENDMENT TO
IRON HORSE STATION SUBDIVISION
DECLARATION OF USE RESTRICTIONS
AND COVENANTS
THIS SECOND A:tiIENDMENT TO IRON HORSE STATION
SUBDIVISIONDECLARATION OF USE RESTRICTIONS AND COVENANTS
("Declaration") is made as of this�day of /emu IRON HORSE
2022, by I
STATION, LLC, P.O. Box 80661, Billings,MT Sgl ' ("Developer
VVITNESSETH:
WHEREAS, Developer executed and recorded a Declaration of Use Restrictions
and Covenants in the office of the Yellowstone County Clerk and Recorder as Document
No. 3332549•
WHERFAS
Blocks 6 , in Paragraph 4 of those Declarations, Developer pro�-ided that
7 and 8 of Iron Horse Station Subdivision were not subject to the restrictions
in the Declaration but Developer reserved the right amend the Declarations to subject
Blocks 6, 7 and 8 to the restrictions in the Declarations pursuant to MCA§ 70-15-301
WDY-REAS, Developer is exercising its right to amend the Declarations to
subject Blocks 6, 7 and 8 to the restrictions in the Declarations and recorded this Second
Amendment to Iron Horse Station Subdivision Declaration of Use Restrictions and
Convents.
NOW, THEREFORE, Developer does hereby amend Paragraph 4 to provide
that Blocks 6, 7 and 8 of Iron Horse Station Subdivision are subject to the restrictions in
the Declaration.
Except as provided above, the remaining terms and conditions of the Declaration
shall continue in full force and effect.
IN WITNESS WHEREOF, the Developer has executed this Second
Amendment to Declaration the day and year first above written.
IRON HORSE STATION, LLC
: Marvin ro
Its: Mana g ember
I 4018805 RES
06/01/2022 11:52 AM Page 1 of 2 Fees: $16.00
eRecorded For Yellowstone County, MT
Jeff Martin, Clerk& Recorder
4018906 RES
06/01,2C22 11:52 AM Page 2 of 2
eRecorded For Yellowstone County, MT
STATE OF MONTANA
County of Yellowstone = ss.
On this 3) day of_ «czy
undersigned Notary Public for the State of Montana 2022, before me, the
Brown, Down to me to be the Member of�pl � Personally appeared )Marvin
executed the foregoing instrument and acknowledged tto�ms hathe executed e same.
IN WITNESS WHEREOF,I have hereunto set my hand and seal the day
and year first above written.
JEANNA S FRY
,�•• .,q;. NOTARY PUBLIC for the
`;OTAy. State of Montana _
s••SEAL * Residing at Notary;;.• '•P2� Park City, Montana Public for the State of Montana
FOF�o� My Commission Expires
June 01,2025
2
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