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HomeMy WebLinkAboutResolution No. R25-84B RESOLUTION NO. R25-84(B) RESOLUTION OF CITY COUNCIL DENYING 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 I 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 20th 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(B)Deny 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 denial of the zone change is appropriate, finding 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. 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, and finds 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. 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 DENIED. 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 Canape. 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. OF C OF LAUREL SEAL Dave Waggoner, Mayor %0, �C 0 R25-84(B)Deny Zone Change for Iron Horse Station Subdivision ATTEST: Of 11 rec e Clerk-Treasurer APm1i D AS TO FORM: 4�t L L Michele L. Braukmann, Civil City Attorney R25-84(B)Deny Zone Change for Iron Horse Station Subdivision J , J ST. City Of Laurel PLANNING:628-4796 0 II' WATER OFC.:628-7431 u P.O.Box 10 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 XI.4. 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 Zone Change Application Iron Horse Subdivision Yellowstone County, Montana I 1 s Client: IRON HORSE STATION, LLC PO BOX 80661 LAUREL, MT 59108 Prepared By: MEG 550 N 31 S` St, Suite 1 I I • Billings, Montana • Phone (406) 545-6420 • Imegcorp.com Project: 20001607.00 June2025 * IM G ZONE CHANGE APPLICATION IRON HORSE MAJOR SUBDIVISION ZONE CHANGE IMEG #20001607 Docusign Envelope ID: =80B4567-773D-460B-A8AD-766F7E7DADA3 CITY HALL 115 W I" ST C itv Of Laurel • � � PLANNING: 625-47296 WATER OFC.:628-7431 COURT: 62ti-19�,-I P.O.Boy 10 FAX 628-2241 Laurel,Montana i90 t4 Office of the Cit) 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: l. 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: l. 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. Page l of 4 Docusign ErlvebDe iD: =8OB4567-703D-46OB-A8AD-766F7E7DADA3 ?. 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 Envelope ID-=8064567-703D-460B-A8AD-766F7E7DADA3 CITY HALL 115 W. I" ST City Of Laurel PLANNING: 62 -4796 WATER OFC.: 628-7431 -A, —� COURT: 6_'5-1964 P.O.Box 10 /'1 FAX *62- _-19 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),App1 i cant(s 1: 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 �Uu 00191I CIIvuluuc IL- rOVCti JUr'(VJL!-YVVO-f1Jl'1 V-IUVrf=r L/r1U/'1J Aa;!nt(s).`Repr,_-sen tail"e(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 Puroose.Reason for Zone chance:_ 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. D cus gned6Y Owner/Applicant Sib ature. 6/16/2025 Date: Agent and/or Representative Signature: Date: Page 4 of 4 * IM G ZONE CHANGE MEMO IRON HORSE MAJOR SUBDIVISION ZONE CHANGE IMEG #20001607 * IMEG 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. 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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, 1G, and 17, Block 2, 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 4, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, la, 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. :33U593 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 IIIIII IIII I)IIIIII IIII IIIf(ffllll I(IIII III IIII Page: 2 3332549 of12 YVItO45to'. 6cuntv RES 72 00 1 . DE?INITIONS. 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 assiguuteuL for such riyhCs or obligations 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 from 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 cascmcnts 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 Iillll IIIII IIIII IIIIIII IIII IIII III III III IIIII IIII IIII Page: 3 of 12 33325490 Yellowstone County RES 72 M 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 detaclled accessory building may be cons=r•.:cted 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 sha'1 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 II�III IIII II�I�II�I�II IIII�I�I Ilflll�II� IIII IIII II 13334 o%12 Y011e"St3ne Canty RES 72 30 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 no- 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 i.eserves the right and power, pursuant to 70-15-301 MCA in its sole discretion to subject Blocks 6, 7 and 8 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 used 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 IIII IIII IIIIlII II�IIII!IIII III Page: 5 of 12 3332549 Yelloust*ne :oun'y RES 72 00 occupied. d. No anrenras or satellite dishes exceeding one meter in diameter or diagonal measurement shall be installed on :he exterio_ of any building, ir. a yard, or on common elements without Drio_ written approval of the Architectural Review Committee. Owners may have a professionally installed small satellite dish o_' antenna, not exceeding one .1, meter in diameter or diagonal measurement, inconspicuously placed ir. the yard at the back or side o= their nome, duDlex or triplex, or or the exterior surface of their home. without prior approval of =he Architectural Review Committee. The :o.ca icn of the satiellite 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 O= the lots so than any part of such structure, other than entrance vestibules, awnings, or minor decorative fixtures, is nearer than 20 feet 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 lire to the nearest wall of the building, (the setback) . in addition., two story homes must comply with the side setback restrict-ors 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 breed-;no- or commercial purposes on any lot . A maximum of two dogs or two cats can be kept by the owners of any one residence. Animal kennels must be placed within twenty ;20: feet of the residence and in an area which is '_nconsui uous 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 IIIIIIIIIIIIIIIIIIIIIIIflllIIIIIIIIIIIIIIIIIIIIII+III 3332549 o12 Yellowstone County RES 72 00 above described lots. h. No nor_ operating or non-licensed vehicles or portions thereof shall be permitted on any lot, except inside a garage, nor shall ar.y motor vehicles used in organized or unorganized autor..obile 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 in enclosures such that :hey are concealed [Lum 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 lot 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 be 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 ��1�(1IIIII(I�I�IIIIIII��II�II�I�IIIIII��IIIII IIIIl1 1Page: 7 of 12 3332549 RES I o IIG Z sidewalk which will meet the ordinance requiremen=s 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 ,80%) 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 $75 .00 per lot will be assessed in January of each calendar year. Lot owners adjacent to any parkland, or the Nutting Drain, or East Maryland Lane, will be responsible for mowing and trimming those areas until Homeowners Association is in place. 10. TRAILS/SIDEWALKS/PATHWAYS. Trails, sidewalks and pathways provide access throughout the subdivision: Pedestrian traffic shall be limited to the trail system as much as possible. No motorized vehicles shall be allowed on trails, sidewalks and pathways in the Iron Horse Station Subdivision. 11. ARCHITECTURAL REVIEW. (a) Architectural Review Committee. So long as Developer owns any of the above-described lots, or any Lots in Iron Horse Station which are hereafter subjected to the 7 I Illlll IIIII,111�I�(III�1111 jjjl jjjIjjj 11111$fj][ Page: 8 of 12 3332549a Ye::o-c!o-• :our:� RES '2 OJ provisions of this Declar=_=ion, Ce%eloper s^all 6a e the sole authority to appoint an Archi=ectural Review Committee ARC- , to review any and all plans for homes or for improvements to any loc sub]ect to t-is Declaraticn. The ini=ial members of the ARC shall be Marvin Brown, Janet Brown, and Jearra ?ry. Upon sale of all lots b;.• De✓eloper and Iror. Horse Station, LLC, the Associa=ion shall appoint :he members of the ARC. Iron Horse Station, LLC, ir. its sole discretion, may elect to turn over its Gower to appoint the ARC members to the Association at any time prior to sale o� 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 erezred, constructed, placed or maintained upon any lot, nor shall any remodeling, reconszruc=ion or alteration of a building's exterior be trade or con=inue to be made, unless and until the same has been approved in writing by the ARC. owners must also obtain approval of the ARC to anv changes to approved plans if those changes affect the exterior of the building or other exterior home or improvement. (c) Review App_ication. 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 all 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 anal cut and fill excavation req!:iremen.ts; and 3` other pertinent information relating to t^e rome or other improvement. i_. Building Plan.: A building plan which shall consist of: 1' the Structures dimensions; and 21 elevation drawings or sketches of the exterior of the Structure(s� ; and 3) information concerning the exterior of the Structure-'s' which shall indica-e all exterior colors, materials and finishes, including root, 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 IIIIII IIIII IIIII IIIIIII III)IIII IIIIIII III IIIN IIII IIII Page: 9 of 12 33300549Q `!elLourtone County RES 72 00 application. (d) Basis of Aooroval. Approval by the ARC shall be based, among other- 'hings, 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 render its decision with respect to an application within ten i10) days after the receipt of a complete application. The decision of the ARC can be in the 'orm of an approval, a conditional approval, or denial and shall be in writing. A copy shall 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, c, 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 assigns to recover damages resulting from the architectural review process set forth herein. The decisions of the ARC and the requirement to obtain 9 I'Illll IIIII ilf IIIIIII IN 1111 FIIII 1111111111111111 Page 10 of 12 3332549 YQ.,QMS.='O _Ou :' RES 72 JO approval of the ARC may be enforced by the Development Oversight Committee, the Association., or by any owner, by bringing an ac=ion for specific performance, or for an injunction, prohibitory or mandatory. Such actions shall be =imely if brought within four months after it becomes apparen_ that an owner has rot obtained the required approval or has ^eviated from the approved plans, whichever occurs la_er. in any such action, the prevailing part.; shall be entitled to recover from the losing party all costs and attorney fees incurred. (g) homes Exempt 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. RIGHT 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, prohibitive or mandatory, to prevent the breach of, or to enforce the observance of, the restrictions set forth above, or hereafter imposed, in addition to the ordinary legal action for damages. The 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 the right to do so. When the initial sale of all lots is completed, IRON HORSE STATION, LLC's right to enforce these restrictions is terminated. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the other 10 l�IIIII IIIII II I �IIIIII I�I)IIII IIIIIII III III�II III IIII Page: 11 of 12 33325490 re:lauc:a-O County RES 72 CO 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. Co-ownership or joint ownership of a lot shall be considered as having only one vote. If any lots are still owned by the original Developer, the consent of the original Developer is required to change the Restrictions and Covenants in whole or in part. DATED this z day of /;�ct Z/ 2005 . IRON HORSE STATION, LLC B Y: Its*: k' .v q N STATE OF MONTANA ss. County of Yellowstone This instrument was acknowledgpd before me on 2005, by IRON HORSE STATION, LLC. • �J Jam.....tM L V A O'BLENESS na nr .t n nr n7 • NOTARYPIvxtrftst eotmwtam Notary Public for the State of Montana p4li +911I'll � Residing at Billings, Montana iSEAL) ''�'or'MO- MyCommssion Marl,7,2009 My Commission Expires M� r)') 20k' 11 3332549 ,Illlllllnll I,IIII P.q. IIR�I III IIII^i III Ji ? C 12 2cas a ...!• 1_ •lT•; D i •_ I�I_ I f" m o� m li. •I I• I sJ II C)K I Z 7D 1 Z Z COLOR+Cif ' i e v-•�;rar , er.•r ,n ., Ir ,r :. �.�`_ m O { ;: . .i Uws Ira.. .L to 'Y`� J. Zi Z 1 I BLS eiJ • �;:. .:C:a 3 y ti �•'•c. � � I• O 2 {: j- s �:_r• -- `�.:�a i7•Y� . ari�t:{: 1 � `S ?.3'^,• w4 :• Z O 1 �� •;titi n r. — +tlN t4 ;�` J`n ^, - y� ` 1 e x x _ C m 0 33 aa� a t.,,,°I.Y ,•� -1-.t.StLL-V 9� � O V '� CC ' t- 7 - _ r R7 L ? 1 ", II It•.�„K�a..�s.c 4� a�✓ S.•�+?y .\``:•y `is R `,I� AZ 1„ I ` . �`�1 ' P ^wt's� •. : C, CYO, • i •I u •/� p ti m O D v I t 1 Vy �•:i� -y"t .a F_'�y` '_411 �� �y- p ?; %.{} .1 � Cl= S I^ �� e� f•''it '13r4 . w iY it _ s i O m O • Z Z C] O I J o�.ceui — p 3 r 7i t �J i•�? .. , `y `i S m -1 Z rl-� • i , - ems' - T• •� Y Y.yI v __ 3j O 10 V//) I I a'i '��•�y '�t� ��.�:''f�"r [ ,1 r •�3r� ' Z� - z ,� Z N�1 / III ; 'I - -�-� ! '�:'. 1,"v" _ ,• tom.• m . '' m w� a) p �lry �� -v•• V/ I VEMVE 1 aRuw 01�—y y. r �[ •� �i�r " _L - �� - D I ! a s�`lr�.r ,. a r;�• :'r I;" •i h :`'_ ,`, ,I J4' {` m • _N:O'. �. I •. •: inn�.r. F'r)• � �""' .. y't O ' - II Ir� �V i.,/ '-.�.. I " � Y{�S •a•�.+ ter' 3 � ` 1 r' v,r N ( I •`o -.' _ - •�.i; ;, Ik 3N�: ..Na� ,r. ,:, z� a 1 � 1 t: !, w.y t JI•�o � GJ C y y I I :=r1 al_-, tF 'ia fi ^ r a� I.zo r i a j o 'I i� y t1�1 { rl •V � i n cn T wY-' V ` SSS •. !6 �i.4. 1r=,1-' C , 1 Cj�' t. •a icti a! j .1 ist ` S -6 •t: `�-Ja. "y�"•i'r ILL aa_•IOt.1S.G[ - - — ___• - _ _ _a � iC t l a R, I S rI wx.r.N...lmrsirr � • � ` •1.� 4 , J y ': Tr Vdi IT ' �= y 1 •I I I T ! 1 - l i I _—.s..a►2�1 � .I� I�I 1 I �� •, nSiS .n a �tit.i � `---- ;1 I lil� 9� �•EE �4!('. _I r� r r .a . .a �M° ;"�S ,1 � `I •.� I 1 O i1'I •i �3 _X i 3� :1ti L S� 0} CIF. � I ID tii .4.` r•a � '� 11g3.: r � da 't+ae _ i. r rl/�'s �•,�lu, ��% e a a JI � 1 �I _i I I I i :aa sqt r• _I,: � � i Return To: Pedersen & Hardy, P.C. 1001 South 24th Street West, Suite 110 Billings MT 59102 File No. 34106 Ell 1111111111111111111133747@1 I�II 042e12006 02?45P Yellowstone County RES 22.00 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 Buildings: 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, 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. Tri-plex 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 3374701 1111 Page: 2 of 2 111 III 1111 04/21/2006 02:45P Yalloustone County RES 22 00 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 SubiAision described above, shall remain as written. DATED this day of Ail1/` / . 2006. IRON HORSE STATION. LLC BY: lu z Its: �e-[ STATE OF MONTANA ) ss. County of Yellowstone ) This instrument was acknowledged before me on 2 Brown as Min of IRON HORSE STATION, LLC. (print or type name of notary) • + Notary Public for the State of Montana Residing at Biggs, Montana (SEAL J%�' V_.,._.••`c My Commission Expires �S,jn i _ 200--�( 9�op 2 Stewart Title Company—Billings Division is recording this document as a Courtesy only; P® g--)v BOU41 therefore, no liability will be assumed. SECOND AMENDMENT TO IRON HORSE STATION SUBDIVISION DECLARATION OF USE RESTRICTIONS AND COVENANTS THIS SECOND AMENDMENT TO IRON HORSE STATION SUBDIVISIONDECLARATION OF USE RESTRICTIONS AND COVENANTS ("Declaration") is made as of this ?I-"�"day of /��t , 2o22, by IRON HORSE STATION, LLC, P.O.Box 80661,Billings,MT 59108 ("Developer"). WITNESSETH: 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. WHEREAS,in Paragraph 4 of those Declarations,Developer provided that Blocks 6,7 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. 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 V n rovA Its: Mana g Member 1 4018805 RES 06/01/2022 11:52 AM Page 1 of 2 Fees: $16.00 eRecorded For Yellowstone County, MT Jeff Martin, Clerk& Recorder 4018806 RES 06/01/2022 11:52 AM Page 2 of 2 eRecorded For Yellowstone County, MT STATE OF MONTANA ) ss. County of Yellowstone ) Sf- On this day of «0,Y , 20-22, before me, the undersigned Notary Public for the State of Montana, personally appeared Marvin Brown, known to me to be the Member of IRON HORSE STATION, LLC, who executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year first above written. JEANNA FRY NOTARY PUBLIC for the oTN, State of Montana SEAL :Q Residing at Notary Public for the State of Montana r • Park City.Montana 9�F0v► My Commission Expires June 01, 2025 2 * IMEG APPENDIX �` IMEG#20001607 • ;n v D v 07 j owl y lvEVUE ry•. ••vl.. .. • •. 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