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HomeMy WebLinkAboutCity/County Planning Board Minutes 04.04.2013 MINUTES LAUREL CITY - COUNTY PLANNING BOARD April 4, 2013 6:00 pm COUNCIL CHAMBERS MEMBERS PRESENT: Kathy Siegrist, Chairman Dick Fritzler, County Rep. Dan Koch, City Rep. Lee Richardson, Co. Rep. Greg Nelson, Member at Large Judy Goldsby, County Rep. John VanAken, County Rep. OTHERS PRESENT: Monica Plecker, City Planner Cheryl) Lund, City Secretary Randy Swenson, RK Development CALL TO ORDER: Chairman Kathy Siegrist called the meeting to order at 6:00 pm. ROLL CALL: A roll call was taken. Members present were Koch, Fritzler, Goldsby, Richardson, VanAken, Nelson and Siegrist. PUBLIC INPUT: Citizens may address the Board regarding any item of City business not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Board will not take action on any item not on the agenda. There was no public present. APPROVAL OF MINUTES FROM PREVIOUS MEETING: A motion was made by Judy Goldsby and seconded by Dan Koch to approve the minutes of the March 7, 2013, meeting. The motion carried by a vote of 6 — 0. NEW BUSINESS: Public Hearing for Zone Change request by RK Development for Tender Nest The public hearing was opened by Chairman Siegrist at 6:05 pm. City Planner Monica Plecker stated that Randy Swenson from RK Development has submitted an application for a zone change for property located at the intersection of f Avenue and West 12 Street. They are requesting that the zone be changed from Residential 7500 to Community Commercial to allow them to expand their Assisted Living business. Monica stated that originally Randy Swenson had asked for a variance to allow the expansion of his business and after staff review and comment it was suggested to Randy that he apply for a zone change which would allow for the type of expansion he is requesting. 1 Staff Findings: 1. LMC 17.72.030 requires a preapplication conference for persons or parties interested in submitting an application for zone change. Randy Swenson of RK Development met with the City Planner and Building Official prior to submitting the application. 2. The property is currently zone Residential 7500. The request is to change the zone designation to Community Commercial. 3. The property is located in the Entryway Zoning District. This designation does not affect the request at hand. 4. The property is nearly one block in size, therefore, spot zoning is not a risk. 5. The affected property is adjacent to 1 Avenue which is an identified urban route by MDT standards. 6. The City of Laurel Growth Management Plan states "The concept of a commercial node on the north side (of the City) is incorporated in the Land Use Plan, but the idea of just letting commercial business string out along arterial roadways is discouraged." The Growth Policy is just a guide and it has not been updated within the last 5 years. 7. Stormwater infrastructure is located one block south of the identified property on 1 Avenue. At the time of development, all subdivision regulations and development standards will be met. The zone change or future development will not increase stormwater runoff. 8. As per the requirements of LMC 17.72.070, a public hearing on the matter shall be held before the zoning commission before being heard by the Laurel City Council. As per B. of the section, public notice was published in the Laurel Outlook and adjacent property owners were notified by certified mail more than 15 days prior to the public hearing. Monica also provided the Board with information on what type of businesses are allowed in Community Commercial and made it clear that Assisted Living Facilities are allowed within the proposed zone. Zoning Commission Considerations and Recommendation: As per LMC 17.72.060 the Zoning Commission shall make a recommendation to the City Council to: 1. Deny the application for amendment to the official map; 2. Grant action on the application for a period not to exceed thirty days; 3. Delay action on the application for a period not to exceed thirty days; 4. Give reasons for the recommendation. Staff suggested conditions: 1. Zone changes cannot be conditioned; therefore, no conditions are suggested. 2 Proponent Randy Swenson from RK Development: Randy reminded the Board of how the property looked prior to the construction of the Assisted Living Homes. There were 2 older homes on the property that were torn down. He is proposing to build a 4 -plex that will be geared towards the elderly that would offer housing with limited supervision and light help. The 4 -plex will be located on the west side of 120 W. 12 Street facing west. The plan is to build four 2- bedroom units. He assured the board that the corner lot will not be used for any industrial use as it is intention is for elderly housing. Judy Goldsby asked if parking spaces will be made available. Randy stated that there will be parking made available to the residents of the 4 -plex. Question on whether or not there will be curb gutter and sidewalk installed on West 12 Street. Randy stated that there will be curb gutter and sidewalk extended to the west from the existing building. Question on what age will be allowed to rent? Randy stated that it is intended for the elderly. Public Comment: Proponents Jon Rutt, 1231 1 Avenue spoke. He lived at this address prior to Tender Nest being built. He watched the property get cleaned up and appreciates the great pride that Randy Swenson has taken in maintaining a nice looking facility. He has no problem with the zone being changed to Community Commercial. Chairman Siegrist asked two more times if there were other proponents that wanted to speak. There were none. Opponents: Chairman Siegrist asked three times if there were any opponents wishing to speak. There were none. The public hearing was closed at 6:20 pm. After a short discussion by the Board a motion was made by Dan Koch to approve the request for the zone change from R7500 to Community Commercial for RK Development as presented, seconded by Judy Goldsby. The motion carried by a vote of 6 — 0. Other New Business: Survey of Potential Discussion Topics Monica stated that Hazel Klein has shown some interest in having more informational sessions like the presentation that Kurt Markegard made to the Board at the March meeting that showed some of the consequences that can happen when the board makes certain decisions. Monica put together some suggestions for informational sessions and asked the Board to circle the topics that they would be interested in learning more about. She also left blank spaces for the board to fill in with other ideas. 3 Miscellaneous: A Planning Board training session put on by the Local Government Training Center will be Monday, April 8, 2013 at 5:30 pm in the Laurel City Library. Dan Clark from MSU Bozeman will make the presentation on meeting efficiency, Roberts Rules of Order and the importance of structure and order during meetings. The next regular Planning Board meeting will be Thursday, May 2, 2013 at 6:00 pm. The meeting was adjourned at 6:45 pm. Respectfully submitted, Cheryll Lund, Secretary 4 ZONE CHANGE/LAND USE VARIANCE PETITIONER MUST BE PRESENT AT HEARINGS. The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: From: g ow) At Zone To: Co (Awl -C Zone 1. Legal Description of property: S: 4-0,v, o' T sv UZ ea, , z+ Lt I (I D 104 t W o„�r ( C4 , 1.4 f l '(U R ig r 614 Lie l�T l -3 .- Lf 1L - to 1 t -" &L. 'v i l u,,�wwti�. c',A, ( tic.: dr1 Lt ,Ad J J . to G i 13 d o rct S i a ' i L cwtrv t^ ►c �'�� f 6 F�+ (l) (C 4 1,4 t2ia , i t `f r1) J -�- j Z • rft CS.e e 1 2. General location: (jo . Z trF � S+ &Ai 14 + 12'11 CI-. 3. Proposed use: A-sc i re STO L d At °11-10 1/.-- ki-cri -bs' i t b J . 4. Owner(s): [ G 6 (Recorded owner) 4tI (o QI LF4--t.t ' I�,t -. � ((A.( m„. C't (address) 4 — (phone number) 5. Agent(s): 1 4041; Pf itt(.t- - ,4V( (�Z, (address) 9-9 (phone number) 9. Covenants or deed restrictions on property: Yes No )( . I understand that the filing fee accompanying this application is not refundable, that it pays the cost of processing, and that the fee does not constitute a payment for a Zone Change/ Land Use Variance. Also, that all the information presented is true and correct. Petitioner's Signature g Date Z 2 1 -1 Fee Paid & Date Paid � > 1.4 _ City of Laurel, 115 W. First Street, Laurel, Montana 59044 • ' . V e x -i . 9 B T 1 V ; off- g _ ,:t1 .-., :. vs— TAX CODE: B01790 TAX YEAR 2012 LEGAL DESCRIPTION BILLING DATE 10/31/2012 SECTION 09, TOWN 02 S , RANGE 24 E LOT:1 BLOCK:1 DISTRICT(s): WARD SUBD 7 LAUREL INSIDE RK DEVELOPMENT LLC WARD SUBD, S09, T02 S, R24 E, BLOCK 1, 4510 EI ELOPM Lot 1 - 3, & LTS 12 -13 & LTS 1 -5 BLK 1 BILLINGS 4510 HI L E 59106 -4703 LAURMAC SUB AMD & VAC ALLEY ADJ TO LT 13 WARD SUB & LT 1 LAURMAC SUB RES R10- 89 (11) (COMBO W/B01481) Acres: 2.59 YEAR AMOUNT ASSESSED VALUATION TAXABLE .. - 'VALUE VALUE Real Property 212,214 5,581 Buildings and Improvements 1,287,632 33,865 Personal Property 0 TOTAL 0 Interest computed through TOTAL ASSESSED VALUATION ' K Payments on another date 1 49$,846 39446 : 4 will affect amount due. Call (406) 256-2802 for an exact amount Yellowstone County Treasurer PO Box 35010 Billings, MT 59107 -5010 (406) 256 -2802 www.co.yellowstone.mt.govitreasured CURRENT 1ST HALF 2ND HALF CURRENT LAST YEAR; i DUE D TAXINP AUTHORITY LEVY YEARS YEAR'S AMOUNT AMOUNT AMOUNT Levy District: 7 LAUREL INSIDE CHANGE Permissive Medical Levy 10.600 209.06 209.06 `418 12 ; 373.24 School Tax 266.300 5,252.25 5,252 2 5 10.,504.50 9,317.10 1,187.40 State Tax (Education) 102.500 2,021.62 2,021 61 County Tax 106.260 2,095.75 4,193 53 ; 3 6 5 5.50 54 6.00 6.00 City Tax 208.400 4,110.27 2,095 75 4 191 50 . % 36 , 44 Big Sky Economic Development 3.090 60.94 4,110 24 8,220 54 7,189.58 1,030.96 County Weed Tax 0.910 60.94 121 88 107.40 14.48 17.95 17.95 ; 35 90 .- :' 32.74 3.16 TOTAL GENERAL TAXES 698.060 13,767.84 13,767 83 27,5 67 24,274.80 3,260.87 OTHER CHARGES District LSM LAUREL STREET MAINT LSM 400.00 400.00 800:00 800.00 0.00 SOIL CONSERVATION SOIL 8.68 8.68 ". '17 36 17.25 0.11 TOTAL AMOUNT t)UE __.; 14,1 52' 1.4,176.51 2 8,35 3 03 25 05 ,260 98 Due Date 11/30/2012 05/31/2013 I Comparison Only ' ' Yellowstone County Yellowstone IM Site Page 1 of 1 Address : 217 North 27th Street, Billings I (Address, City) Locate • Yellowstone County Interactive Mapping Site Mir ' W --.4 rt -+ t r +' ( 41/1r P-1: 11 lO1�A •317 X 11 in f t p r i X17 __. ,41..) r r ' _ i Lon:- 108.774 Lat 45.683 _ .. Legend Results _. .. Levy _. 2010..... ... Creeks Parcels Roads Structures PLSS Fire Areas RSIDs Zoning Schools Elections Districts Traffic Counts Census Tracts Parks Canals 7fugigtolyres 1. es TaxID GEOCODE Owner Subdivision Block [ I cos Tract Pro Address , (Click on Owner Name for Tax Page) 11301790 fshow)II03082109236I70000IIRK DEVELOPMENT LLC AWARD SUBDIII I 'Null IINull 11120 W 12TH ST v Copyright 2009 Yellowstone County, Montana GIS Billings, MT 59101 DISCLAIMER : This is a product of the Yellowstone County, Montana GIS Department. This document is intended for informational purposes only and is not guaranteed to be accurate nor current. Yellowstone County expressly disclaims responsibility for damages or liability that may arise from the use of this map. PROPRIETARY INFORMATION: Any resale of this information is prohibited. 4/4/2013 http: / /www.co.yellowstone .mt.gov /mapping/webgis.asp I,1; s lir a ;e. ; Vv ?` II, iiim LAUREL- ON.TII iI LAUREL CITY - COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City- County Planning Board FROM: Monica Plecker, City Planner RE: Zone Change — RK Development HEARING DATE: April 4, 2013 DESCRIPTION /LOCATION: Randy Swenson has submitted an application for zone change on behalf of RK Development. The affected property is located at the intersection of 1 Avenue and West 12 Street. The request is for the property to be rezoned from Residential -7500 to Community Commercial. The property is legally described as WARD SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 1- 3, & LTS 12 -13 & LTS 1 -5 BLK 1 LAURMAC SUB AMD & VAC ALLEY ADJ TO LT 13 WARD SUB & LT 1 LAURMAC SUB RES R10 -89 (11) (COMBO W/B01481). STAFF FINDINGS: ,. . 1. LMC 17.72.030 requires a preapplication conference for persons or parties interested in submitting an application for zone change. Randy Swenson of RK Development met with the City Planner and Building Official prior to submitting the application. 2. The property is currently zoned Residential 7500. The Request is to change the designation to Community Commercial. 3. The property is located in the Entryway Zoning district. This designation does not affect the request at hand. 4. The property is nearly one block in size, therefore, spot zoning is not a risk. 5. The affected property is adjacent to 1st Avenue which is an identified urban route by MDT standards. 6. The City of Laurel Growth Management Plan states "The concept of a commercial node on the north side (of the City) is incorporated in the Land Use Plan, but the idea of just letting commercial business string out along arterial roadways is discouraged." The growth policy has not been updated within the last 5 years. 7. Stormwater infrastructure is located one block south of the identified property on First Avenue. At the time of development, all subdivision regulations and development standards will be met. The zone change or future development will not increase stormwater runoff. 8. As per the requirements of LMC 17.72.070, a public hearing on the matter shall be held before the zoning commission before being heard by the Laurel City Council. As per B. of the section, public notice was published in the Laurel Outlook and adjacent property owners were notified by certified mail more than 15 days prior to the public hearing. ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION: 1. As per LMC 17.72.060 the Zoning Commission shall make a recommendation to the City Council to: 1. Deny the application for amendment to the official map; 2. Grant action on the application for a period not to exceed thirty days; 3. Delay action on the application for a period not to exceed thirty days; 4. Give reasons for the recommendation. STAFF SUGGESTED CONDITIONS: 1. Zone changes cannot be conditioned; therefore, no conditions are suggested. CITY HALL City Of Laurel PUB WORKS: 6284796 ‘ PWD FAX: 628 -2241 , WATER OFFICE: 628 -7431 P. BO 10 O WTR FAX: 628 -2289 Laurel, Montana 59044 MAYOR: 628 -8456 DEPARTMENT MEMO March 27, 2013 TO: Monica Plecker, City Planner FROM: Kurt Markegard, Public Works Director I reviewed the application from Randy Swenson, RK Development for the zone change request and have determined that the only issue would be storm water run -off. There are currently no storm drain facilities below ground in this neighborhood so any improvements would have to maintain storm water facilities on site. Sincerely, Kurt Markegard • City of Laurel is an EEO Employer Equal Housing Opportunity