HomeMy WebLinkAboutCity/County Planning Board Minutes 09.08.2014 MINUTES
LAUREL CITY COUNTY PLANNING BOARD
SEPTEMBER 8, 2014 10:00 AM
Council Chambers
MEMBERS PRESENT: Kathy Siegrist, Chairman
Dan Koch, City Rep.
Dick Fritzler, County Rep.
Shirley McDermott, City Rep.
Hazel Klein, City Rep.
Greg Nelson, Member at Large
OTHERS PRESENT: Monica Plecker, City Planner
Cheryll Lund, City Secretary
This meeting was held after there was no quorum present for the regular scheduled meeting on
September 4, 2014. A notice was posted at City Hall 48 hours prior to this meeting.
The meeting was called to order at 10:00 am by Chairman Siegrist.
Roll Call: Members present were Koch, Fritzler, McDermott, Klein, Nelson and Siegrist.
Approval of Minutes from the July 10, 2014 meeting:
A motion was made by Dan Koch, seconded by Greg Nelson to approve the minutes as written from the
July 10, 2014 meeting. The motion carried by a vote of 6 — 0.
New Business: Public Hearing Special Review request for Grace Baptist Church
Monica read her staff report to the board.
An application for special review has been submitted on behalf of Grace Bible Church. Grace Bible
Church owns property located at 801 Washington Avenue in Laurel. L.M.C. 17.10.010 states that
churches and other places of worship including parish houses and Sunday school buildings are only
allowable in residential zones by special review.
The property at 801 Washington Avenue consists of 4.559 acres. At this time the property is vacant and
being proposed for a church. The existing zoning is Residential Tracts. Surrounding property owners are
The Crossings, The Laurel Middle School and several residential properties.
After review the staff findings are as follows:
1. A Church facility has been proposed. The application, site plan, and supplemental information
have been added to this application.
2. Staff has studied the application with reference to its appropriateness and effect on existing and
proposed land use, and references to the comprehensive plan. With the Laurel Middle School
and The Crossings facility being adjacent uses, a church would be a compatible land use.
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Furthermore, the property is served by both Washington Avenue and East Maryland which are
identified as an Urban Route.
3. The advertising requirements of L.M.C. 17.68.030 C -E have been met.
Zoning Commission considerations and recommendation:
The Zoning Commission shall review and make determinations on the following chapters and sections of
the Laurel Municipal Code (LMC):
1. Prior to approving a special review application LMC 17.68.040 states the application:
1. Complies with all requirements of this section;
2. Is consistent with the objectives and purposes of this title and the Laurel Comprehensive
Planning Process;
3. Is compatible with surrounding land use or is otherwise screened and separated from
adjacent land in such a way as to minimize adverse effects;
4. Further the zoning commission shall consider and may impose modifications or conditions
concerning, but not limited to the following:
a. Street and road capacity;
b. Ingress and egress to adjoin streets;
c. Off - street parking;
d. Fencing, screening and landscaping;
e. Building bulk and location;
f. Usable open space; and,
g. Signs and lighting.
2. As per LMC 17.68.040 the Zoning Commission shall make a recommendation to the City Council
to:
1. Grant the application for special review;
2. Deny the application;
3. Delay action on the application for a period not to exceed thirty days; or
4. Grant the application subject to conditions and recommendations and give the reasons
therefor.
Staff Suggested Conditions as follows:
If the Planning Board recommends approval of the land use variance, the following conditions are
suggested:
1. The applicant shall apply for a building permit.
2. Property shall be kept free of noxious weeds.
3. All stormwater must be kept on site.
4. Off Street Parking shall be required as stated in LMC 17.40.
5. All signs shall comply with the regulations stated in LMC 15.40.
6. Curb, gutter shall be placed along East Maryland Lane
7. Sidewalks shall be installed along Washington Avenue and East Maryland Lane.
Monica stated that the applicant is requesting that for staff recommendation #6 a "waiver of right to
protest" could be signed for the formation of an SID for East Maryland. There currently is no curb and
gutter across the street to the north. Or, the owner would sign an agreement that the curb, gutter and
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sidewalk will be installed along East Maryland when the north parking lot is completed or within three
years after occupancy; whichever comes first.
Monica stated that she and staff discussed this and recommends that a waiver of right to protest be
signed by Grace Bible Church for the future formation of an SID for East Maryland.
Applicant:
Jason Fitzgerald from Collaborative Design Architects spoke regarding the application. They stated that
Grace Bible Church is willing to sign a "waver of right to protest" for the formation of a future SID. He
went on to state that they will follow all other requirements.
At this time the public hearing was opened (10:10 am).
Proponents:
Chairman Siegrist asked 3 times if there were proponents in favor of the application who wished to
speak. There were none.
Opponents:
Chairman Siegrist asked 3 times if there were opponents who were against the application who wished
to speak. There were none.
Monica read a letter received from Robert and Karen Robinson who live at 916 Washington Avenue (see
attached). They are requesting that due to heavy traffic around the area the entrance /exit on the north
end of the property off of Washington Avenue not be allowed as it will cause even more congestion than
there already is.
Dee McClelland, 708 E. Maryland asked whether or not there would be an SID for curb /gutter /sidewalk
in the near future.
Monica stated they while the Robinsons are concerned about the approach on the north most
entrance /exit off of Washington there is nothing about the approach that does not meet the standards
set forth in the Public Works standards as far as having the correct amount of radius for turning.
Furthermore there are actually 11 lots that span East Washington which means there could potentially
mean 11 more approaches for 11 single family dwellings.
Monica goes on to say that there is some validity to the concern that if people that are traveling east on
East Maryland and turn south onto Washington using the north entrance /exit there could be some
traffic backing up on East Maryland. To help alleviate congestion the southernmost entrance, it could
be marked as an entrance and the northern access marked as an exit.
Monica stated that there are no plans in the near future for an SID to be formed. There will come a time
when there will be curbing and gutters spanning both sides of East Maryland and at that time an SID
could be formed.
Chairman Siegrist closed the public hearing at 10:20 am.
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A motion was made by Shirley McDermott and seconded by Dan Koch to recommend approval of the
Special Review for Grace Baptist Church with all 7 staff conditions.
Discussion:
Dan Koch stated that he picks up a grandson at the Laurel Middle School on occasion and stated that
Washington is heavily traveled. He would like to see a 4 -way stop put in.
Rob Gray who is on staff at Grace Bible Church said that the traffic from the church will not be an issue
as it will not occur at the same time the Middle School is open. He stated that the 60 -70 parking spots
on the church property could possibly help with traffic issues. They are willing to share their parking lot
if it would improve a congestion issue with the Middle School.
Hazel Klein asked if traffic could be accessed off of East Maryland.
Monica said it was not proposed on the site plan.
Shirley McDermott question how the stormwater will be addressed. What is the church's proposal to
contain it?
Dee McClelland, 708 W. Maryland stated she is concerned with the storm water coming off of the
church. At this time the drainage coming from the school is already causing a flooding problem as the
dirt road on E. 7 has a 10 foot drop. She asked what the proposal is to help that drainage.
Monica stated that staff condition #3 requires that all stormwater must be kept on site. The property
owner will come up with a plan to contain their stormwater and present it to the city prior to a building
permit being issued.
At this time the vote was called for and the motion passed by a vote of 6 — 0.
New Business: Public Hearing on Annexation request for R & T Subdivision.
Chairman Siegrist opened the public hearing at 10:30 am.
Monica spoke regarding the annexation application.
In June of 2014 Ronald and Todd Harmon submitted a petition for the annexation of the proposed R & T
Subdivision for Lots 1, 3 and 4. At this time Lot 2 will remain in the county. The subject property is
located north of West Street. The property is adjacent to the City of Laurel.
Staff Findings:
1. Ronald and Todd are requesting the annexation of his property identified above. The
property is zoned Residential Tracts. The property to be annexed includes lot sizes varying
from 12,680 sq. ft. to 1.32 acres.
2. The land, with the exception of Lot 4 is currently vacant. Lot 4 is currently used for a single
family dwelling.
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3. The application identifies the future use as residential. The applicant has also submitted an
application for preliminary plat for R & T Subdivision.
4. The application for preliminary plat provides a detailed Subdivision Improvements
Agreement, which satisfied the development agreement improvement.
5. The application conforms to the goals of the City of Laurel Growth Management Plan. The
Future Land Use map identifies this area as single - family residential.
6. This application in conjunction with the application for preliminary plat meets the
requirements of the City of Laurel Annexation Policy.
7. As per the annexation policy requirements adopted by Ordinance No. 0 08 -02, the planning
board shall conduct a public hearing and forward a recommendation to the City Council.
Annexation Criteria and Requirements:
A: The City Council shall consider the following criteria when it receives a written petition for
annexation:
• The property must be located within an area identified by city staff as a location for future city
annexation or annexation of the property will promote orderly growth of the city to protect the
health, safety and welfare in areas intensely utilized for residential, commercial, institutional
and governmental purposes.
• The city must be able to provide adequate city services within a time period mutually agreed to
by the property owner requesting annexation and the city;
• Existing or proposed public improvements within the area to be annexed must meet all city
standards. If the public improvements are not constructed at the time of annexation, the
property owner shall provide the city a bond or letter of credit that equals 125% of the
estimated engineering costs for the construction of improvements. If the property owner fails
to construct the improvements or to obtain the agreed upon engineering, the city shall utilize
the bond or letter of credit to pay for the construction, including engineering; In accordance
with GASB -34, the Developer or Landowner shall provide the city the total cost and /or value of
the improvements including, but not limited to, parks, sidewalks, curb and gutter, lift stations,
and sewer and water lines, that are conveyed to the city;
• All property owners within the area to be annexed must sign a Waiver of Right to Protest the
creation of Special Improvement Districts for engineering and construction of improvements
including, but not limited to, streets, sidewalks, curb and gutter and the creation of a Park
Maintenance District, in a form acceptable and approved by the city;
• Residential densities within the area to be annexed must be rezoned at a minimum density of R-
7500; and
• The proposed land use within the area to be annexed must conform to the goals of the Laurel
Yellowstone City- County Planning Board Growth Policy.
B: The City Council may decide to either condition the approval of the annexation in order to meet
the criteria listed in Section A herein or require an annexation agreement. The conditions of
approval must be clearly stated in the resolution of annexation or if required, the annexation
agreement. If the property to be annexed is not developed, the conditions of approval or
annexation agreement shall include a requirement for:
• A development agreement prior to the issuance of a building permit;
• A subdivision improvements agreement at the time of final plat approval, if applicable and,
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• An executed Waiver of Right to Protest creation of Special Improvement Districts for
engineering and construction of improvements including, but not limited to, streets, sidewalks,
curb and gutter and the creation of a Park Maintenance District, in a form acceptable and
approved by the City.
Suggested Conditions of Approval:
1. In the event public improvements have not been completed at a time a building permit is
applied for, the applicant shall provide a development agreement.
2. A Subdivision Improvements Agreement shall be executed with Final Plat approval.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the
time of annexation approval.
4. The final plat shall be filed prior to annexation.
Applicant:
Ron Harmon who resides at 1001 Montana Avenue in Laurel spoke regarding his and his son Todd
Harmon's annexation request. He stated at this time he is requesting annexation of 3 lots. Currently
there is a sf dwelling built on lot 4 and lots 1 and 3 are vacant and for sale. Lot 2 which is a 29 acre
parcel is not part of the request for annexation and will remain in the county.
Ron feels at this time that they have done everything the city has requested of them. And he asked the
board for their support of this annexation.
Proponents:
Chairman Siegrist asked 3 times if there were any other proponents wishing to speak in favor of the
annexation. There were none.
Opponents:
Chairman Siegrist asked 3 times if there were any opponents not supporting this request that would like
to speak. There were none.
Chairman Siegrist read a letter from Richard, Lorrene, Randall and Daniel Schardt of 913 6 Avenue,
Laurel, Montana. They own the property above the 29 acre parcel which is Certificate of Survey #2638
Amended. They are requesting Lot 2 remain as agricultural because they grow hay on that property and
have done so for many years. They are concerned about the ditch remaining intact because they use it
to irrigate.
Monica stated that the 29 acre parcel that will remain in the county is not being considered for
residential use in the future.
Ron Harmon stated that they run cattle on the 29 acres and will continue to do so. There are no future
plans to subdivide that property into lots and the ditch will remain intact.
A motion was made by Dan Koch and seconded by Hazel Klein to recommend approval of the
annexation of R & T Subdivision subject to the 4 staff suggested conditions of approval.
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Chairman Siegrist closed the public hearing at 10:45 am.
Discussion:
Dick Fritzler stated that he thought there were restrictions placed on the property to keep it from
future subdividing.
Monica stated that Mr. Harmon's property is a Certificate of Survey and wasn't created out of a
particular subdivision so there are no restrictions and at this time the only restriction that could be
placed on it would be if it were only allowed for agricultural use.
Shirley McDermott asked about the size of the lots. Because they are large lots she assumes they will be
subdivided in the future.
Monica stated that all 3 lots will remain the size they are and be used for single family dwellings.
Hazel Klein asked if these proposed lots will have an effect on the water pressure in Cherry Hill
Subdivision.
Monica stated that it will not affect the water pressure in Cherry Hill Subdivision. There is a booster
station in Cherry Hill and there is one dead end water line that poor water pressure affects. But the
Public Works staff has not identified this annexation as causing lower water pressure.
Hazel Klein asked if this annexation would affect the number of animal units people can have on their
property.
Monica stated that there will be no change to the amount of animal units a person can have on their
property as that is still governed by Laurel Municipal Code.
There was some confusion as to why the board is only recommending approval of the annexation
request from R & T and not the preliminary plat.
Monica stated that Yellowstone County Attorney thought it best that the County Commissioners review
the subdivision.
At this time the motion was voted on and approved by a vote of 6 — 0.
R & T Subdivision Preliminary Plat
In June of 2014 Ronald and Todd Harmon applied for preliminary plat approval of R & T Subdivision
which contains 4 lots on approximately 30.50 acres of land for residential development. The subdivision
is a First Minor. The subject property is located north of West 12 Street. The property is adjacent to
the City of Laurel but located in Yellowstone County.
No variances have been requested.
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Proposed Conditions of Approval:
Pursuant to Section 76 -3- 608(4), MCA, the following conditions are recommended to reasonably
minimize potential adverse impacts identified with the Findings of Fact:
1. Proposed Lots 1, 3 and 4 shall be annexed into the City of Laurel and comply with the standards
set forth in the City of Laurel Annexation Policy.
2. A 2' no access strip shall be placed along the eastern boundary of Lot 4.
3. All public improvements shall be built to Montana Public Work Standards and to the
specifications made in the Subdivision Improvements Agreement (SIA) provided with the
application for preliminary plat.
4. To minimize effects on local services, utility easements shall be provided with the application for
final plat.
5. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal
or Public works Department to clarify the documents and bring them into the standard
acceptable form.
6. To minimize the effects on the natural environment, a weed management plan and property
inspection shall be approved by the County Weed Department, prior to final plat approval.
7. The final plat shall comply with all requirements of the Laurel- Yellowstone City- County Planning
Area Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone
County, and the law and Administrative Rules of the State of Montana.
Procedural History:
• A pre - application meeting was conducted with Planning Staff for the proposed subdivision.
• The application was reviewed for completeness and sufficiency.
Plat Information:
The general location is North of West 12 Street, Laurel, Montana.
The legal description is Tract 8B, C/S 2638 and Tracts 1 & 2, C/S 3306. The Gross acreage is 30.50 acres
and consists of four (4) lots. The minimum lot size is 12,680 sq. ft. and the maximum lot size is 28.14
acres.
No parkland dedication is required.
The Subdivider and owners are Ron Harmon and Todd Harmon.
The zoning is currently Residential Tracts and the land is vacant. The proposed land use is for single
family residential.
Proposed Findings of Fact:
Unless the subdivision lies within an area that has adopted zoning regulations, the application must
include a draft Findings of Fact. (MCA 76 -3 -609) (2) (C)
• No findings of fact have been provided as the property is located within the City of Laurel Zoning
Jurisdiction.
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A motion was made by Shirley McDermott and seconded by Hazel Klein to recommend approval of R & T
Subdivision Preliminary Plat with staff recommended conditions 1 -7.
Discusssion:
The Board agreed that it is a good addition to the City of Laurel.
A vote was taken on the motion and it was approved by a vote of 6 — 0.
Old Business:
Design Standards Final Draft
The final draft is currently under review by City Attorney Sam Painter. Monica stated it could be ready
for final review at the October 2, 2014 meeting.
Planning Board by -laws:
Monica is hoping to have a draft of the by -laws at the October 2nd meeting.
Miscellaneous:
There will be a meeting on October2, 2014.
Shirley McDermott stated that the board needs to pay attention to issues of stormwater run -off on
applications that come through the planning board.
Monica agrees with Shirley and stated that staff is always considering that issue because there are codes
governing stormwater run -off for both land use issues and building department issues.
Dan Koch stated that Laurel has such a high water table and in his experience open boulder pits work
better than French drains.
Monica stated that sometimes weather doesn't cooperate. The city of Laurel has had three 100 -year
(water) events in a short amount of time. There is about 1% chance of having one 100 -year rain event
per year.
Hazel Klein questioned by Grace Bible Church is not required to put curb and gutter on East Maryland.
Monica stated that there is no curb and gutter on the north side of East Maryland. If the church were to
put in curb and gutter all of their water would run onto property at 708 E. Maryland. It is better to
install curb /gutter /sidewalk in the neighborhood at the same time.
Public Comment on non - agenda items:
Richard Herr of 501 7 Avenue, Laurel, Montana stated that he used to be the maintenance person at
The Crossings on East Maryland. He has witnessed first had how all of the water run -off goes directly to
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the corner property of 708 E. Maryland. He feels an open boulder pit will be necessary to eliminate
water issues in the neighborhood
The meeting was adjourned at 11:15 am.
Respectfully submitted,
Chery�, Secretary.
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•
R F [1
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LAUREL CITY - COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City- County Planning Board
FROM: Monica Plecker
RE: Grace Bible Church — Special Review
DATE: Public Hearing, September 4, 2014
DESCRIPTION /LOCATION:
An application for special review has been submitted on behalf of Grace Bible Church. Grace Bible
Church owns property located at 801 Washington Avenue in Laurel. LMC 17.10.010 states that churches
and other places of worship including parish house and Sunday school buildings are only allowable in
residential zones by special review.
Applicant Data:
Owner: Grace Bible Church
Legal Description: MORRIS SUBD 1ST FILING, S09, T02 S, R24 E, BLOCK 1, Lot 1- 3, & LTS 1 -11 BLK 2
& VAC ADJ 9TH ST and S09, T02 S, R24 E, C.O.S. 2385 AMD, PARCEL A1, AMD
3.997 AC (07)
Address : 801 Washington Avenue
Parcel Size: 4.559 Acres
Existing Land Use: Vacant
Proposed Land Use: Church
Existing Zoning: Residential Tracts
Surrounding Land Use and Zoning:
North: Zoning: Community Commercial
Land Use The Crossings
South: Zoning R -7500
Land Use Laurel Middle School
East: Zoning Residential Limited Multi- family
Land Use Single Family Dwelling
West: Zoning: R -7500
Land Use: Residential /Single Family
1
STAFF FINDINGS:
1. A Church facility has been proposed. The application, site plan, and supplemental
information have been to this application.
2. Staff has studied the application with reference to its appropriateness and effect on
existing and proposed land use, and references to the comprehensive plan. With the
Laurel Middle School and Crossings facility being adjacent uses, a church would be a
compatible land use. Furthermore, the property is served by Washington Avenue and East
Maryland an identified Urban Route.
3. The advertising requirements of LMC 17.68.030 C -E have been met.
_. -..... - ....__... .
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission shall review and make determinations on the following chapters
and sections of the Laurel Municipal Code (LMC):
1. Prior to approving a special review application LMC 17.68.040 states the application:
1. Complies with all requirements of this section;
2. Is consistent with the objectives and purposes of this title and the Laurel
Comprehensive Planning Process; /"-•
3. Is compatible with surrounding land use or is otherwise screened and separated
from adjacent land in such a way as to minimize adverse effects;
4. Further the zoning commission shall consider and may impose modifications or
conditions concerning, but not limited to the following:
a. Street and road capacity,
b. Ingress and egress to adjoin streets,
c. Off - street parking,
d. Fencing, screening and landscaping,
e. Building bulk and location
f. Usable open space,
g. Signs and lighting.
2. As per LMC 17.68.040 the Zoning Commission shall make a recommendation to the City
Council to:
1. Grant the application for special review;
2. Deny the application;
3. Delay action on the application for a period not to exceed thirty days; or
4. Grant the application subject to conditions and recommendations and give the
reasons therefor.
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STAFF SUGGESTED CONDITIONS:
If the Planning Board recommends approval of the land use variance, the following
conditions are suggested:
1. The applicant shall apply for a building permit.
2. Property shall be kept free of noxious weeds.
3. All stormwater must be kept on site.
4. Off Street Parking shall be required as stated in Laurel Municipal Code LMC 17.40.
5. All signs shall comply with the regulations stated in Laurel Municipal Code 15.40.
6. Curb, Gutter shall be placed along East Maryland Lane
7. Sidewalk shall be installed along Washington Avenue and East Maryland Lane.
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... ...............
CITY HALL City Of Laurel
""'"'N 115 W. 1st St. ..
PUB WORKS: 628 - 4796 Jib
PWD FAX: 628 - 2241 ' ;
WATER. OFFICE: 628 -7431 P.O. Box 10
W rR FAX 628 Laurel, Montana 59044 '�i
MAYOR.: 628-8456
DEPARTMENT
APPLICATION FORM — SPECIAL REVIEW
The undersigned as owner or agent of the following described property requests a Special
Review as outlined in the City Zoning Ordinance:
Legal Description: 49 Da A ( 1/ 1 4 khg, (-11 ` ' Z
General Description: (address): 00 ( twAA,04+ , ,1
ATTACH MAP SHOWING DIMENSIONS, ACREAGE AND LOCATION OF TRACT:
Owner of Tract: (IVA. t 1✓llt-
Mailing address: (mil/ 6tj ,I 6 (., Ntl
Phone number: (prt 1b
Attach site plan:_
Time Schedule for development:
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Special Review requested:
am44\
U� 'tt ctA eet5&AAkQ P
I understand that the filing fee accompanying this application is not refundable and that it pays
part of the cost in processing. Al •, that all information is true and correct.
Petitioner's Signature: — ju .A.LALA
Fee paid and date:
City of Laurel is an EEO Employer
Equal Housing Opportunity
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COLLABORATIVE DESIGN
2280 Grant Road Suite C Sittings, MT T. 406.248.3443 F. 406.248.3765 eofiaboratived esignard;iteets.com
September 8, 2014
Laurel City - County planning Department
Monica Plecker
RE:. Grace Bible Church Special Review
Response to Staff Report:
1. Applicant will apply for and receive a building permit before any work is started.
2. The property will be developed and kept free of noxious weeds.
3. Storm water design will retain all storm water on the property.
4. The required off street parking will be provided per LMC 17.40.
5. All signs will conform to Laurel Municipal Code 15.40.
6. Applicant would like to propose two alternates to providing curb, gutter and
sidewalk along East Maryland:
-The owner will sign a 'Waiver of Right to Protest' for the formation of a
Special Improvement District (SID) for East Maryland. There currently is no
curb and gutter across the street to the north.
or
-The owner will sign an agreement that the curb, gutter and sidewalk will
be installed along East Maryland when the north parking lot is completed
or within three years after occupancy; whichever comes first.
7. Sidewalks will be installed along Washington Avenue. New approaches will be
provided in the existing curb per LMC 12.04.
Respectfully Submitted,
Jeff Ka ing, AIA
Collaborative Design A itects
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LAUREL CITY - COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: City Council
FROM: Monica Plecker, Planning Director
RE: Application for Annexation
HEARING
DATE: September 4, 2014
INTRODUCTION:
In June 2014, Ronald and Todd Harmon submitted a petition for the annexation of the proposed
R &T Subdivision, Lots 1,3 and 4. Lot 2 will remain in Yellowstone County. The subject
property is located north of West 12 Street. The property is adjacent to the City of Laurel.
STAFF FINDINGS:
1. Ronald and Todd are requesting the annexation of his property identified above. The
property is zoned Residential Tracts. The property to be annexed in includes lot sizes
varying from 12,680 sq.ft. to 1.322 acres.
2. The land, with the exception of Lot 4 is currently vacant. Lot 4 is currently used for a
single family dwelling.
3. The application identifies the future use as residential. The applicant has also submitted
an application for preliminary plat for R &T Subdivision.
4. The application for preliminary plat provides a detailed Subdivision Improvements
Agreement, which satisfies the development agreement improvement.
5. The application conforms to the goals of the City of Laurel Growth Management Plan.
The Future Land Use map identifies this area as single - family residential.
6. This application in conjunction with the application for preliminary plat meets the
requirements of the City of Laurel Annexation Policy.
7. As per the annexation policy requirements adopted by Ordinance No. 008 -02, the
planning board shall conduct a public hearing and forward a recommendation to the City
Council.
Page 1 of 2
ANNEXATION CRITERIA AND REQUIREMENTS
A: The City Council shall consider the following criteria when it receives a written petition for
annexation:
• The property must be located within an area identified by city staff as a location for future city
annexation or annexation of the property will promote orderly growth of the city to protect the
health, safety and welfare in areas intensely utilized for residential, commercial, institutional
and governmental purposes.
• The city must be able to provide adequate city services within a time period mutually agreed to
by the property owner requesting annexation and the city;
• Existing or proposed public improvements within the area to be annex must meet all city
standards. If the public improvements are not constructed at the time of annexation, the
property owner shall provide the city a bond or letter of credit that equals 125% of the
estimated engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering, the city shall utilize the
bond or letter of credit to pay for the construction, including engineering; In accordance with
GASB -34, the Developer of Landowner shall provide the city the total cost and /or value of the
improvements including, but not limited to, parks, sidewalks, curb and gutter, lift stations, and
sewer and water lines, that are conveyed to the city;
• All property owners within the area to be annexed must sign a Waiver of Right to Protest the
creation of Special Improvement Districts for engineering and construction of improvements
including, but not limited to, streets, sidewalks, curb and gutter and the creation of a Park
Maintenance District, in a form acceptable and approved by the city;
• Residential densities within the area to be annexed must be rezoned at a minimum density of R-
7500; and
• The proposed land use within the area to be annexed must conform to the goals of the Laurel
Yellowstone City- County Planning Board Growth Policy.
B: The City Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in Section A herein or require an annexation agreement. The conditions of approval must
be clearly stated in the resolution of annexation or if required, the annexation agreement. If the
property to be annexed is not developed, the conditions of approval or annexation agreement shall
include a requirement for:
• A development agreement prior to the issuance of a building permit;
• A subdivision improvements agreement at the time of final plat approval, if applicable and
• An executed Waiver of Right to Protest creation of Special Improvement Districts for
engineering and construction of improvements including, but not limited, streets, sidewalks,
curb and gutter and the creation of a Park Maintenance District, in a form acceptable and
approved by the City.
SUGGESTED CONDITIONS OF APPROVAL
1. In the event public improvements have not been completed at the time a building permit is
applied for, the applicant shall provide a development agreement.
2. A Subdivision Improvements Agreement shall be executed with Final Plat approval.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the
time of annexation approval.
4. The final plat shall be filed prior to annexation.
Page 2 of 2
CITY OF LAUREL
REQUEST FOR ANNEXATION
AND PLAN OF ANNEXATION
1. Only parcels of land adjacent to the City of Laurel municipal limits will be considered for
annexation. "Adjacent to" also includes being across a public right of way. If the parcel to be
annexed is smaller than one city block in size (2.06 acres), the City Council must approve
consideration of the request; the applicant must make a separate written request to the
City Council stating their wish to annex a parcel of land less than one city block in Once
the Council approves the request the applicant can apply for the annexation.
ALL I3LANKS OF THIS APPLICATION ARE TO BE FILLED I) IN WITH AN EXPLANATION
131` THE APPLICANT. THE APPLICATION WI L1, NOT 131 PROCESSED IF THE
APPLICATION IS NOT COMIPLETE!!!
2. Applicant landowner's name: Ronald Harmon and Todd Harmon
Address: 1001 Montana Ave, Laurel, MT 59044
Phone: (406) 652 -5181
3. Parcel to be annexed: (if it not surveyed or of public record, it must be of public record PRIOR
to applying for annexation).
Legal description: Lots 1, 3, and 4 of Block 1 of R & T Subdivision
Lot size: Lot 1, 1.322 AC; Lot 3 - 13, 688 SF; Lot 4 - 12, 680 SF
Present use: Vacant
Planned use: Residential Development
Present zoning: Residential Tracts
(land which is being annexed automatically becomes zoned R -7500 when it is officially annexed
(City ordinance 17.12.220)
4. City services: The extension of needed City services shall be at the cost of the applicant after
annexation by the City has been approved. As part of the application process, each of the
following City services must be addressed with an explanation:
Water Service:
Location of existing main: Along W 12th Street (Frontage of Lots 1, 3, and 4)
Cost of extension of approved service: NK 1.00
How cost determined: pir R i b
Timeframe for installation: NA
Sewer Service: For Lot 1: N. end of Cherry Hill Dr /For Lots 3 and 4: intersection of
Location of existing main: W 12th street and alley between 8th Ave and 9th Ave
Cost of extension of approved service: bJ 4' S t.X
How cost determined: AV BCD
Timeframe for installation: NA
How financed: by Developer
1
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Streets:
Location of existing paved access: W 12th Street
Cost of paving: NA
How cost determined: NA
Timeframe for construction: NA
Other required improvements: Provide above information on attached pages.
Applicant must meet with the proper planning representative PRIOR to filling out this
application!
5. A map suitable for review of this application of the proposed area to be annexed must be
submitted with this application.
6. A written Waiver of Protest must accompany this application, suitable for recording and
containing a covenant to run with the land to be annexed, waiving all right of protest to the
creation by the City of any needed improvement district for construction or maintenance of
municipal services. This Waiver of Protest must be signed by the application prior to
annexation by the City.
7. Requests for annexations are referred to the City - County Planning Board for recommendation to
the City Council. Within thirty (30) days after receiving the properly filled out application with
all required accompaniments and after conducting a duly advertised public hearing, the City-
County Planning Board shall make recommendation to the City Council as to this Request for
Annexation. If more information is needed from the applicant during the review of the
application, such application shall be deemed incomplete and the timeframe for reporting to the
City Council extended accordingly, if needed.
8. Fees are to accompany application upon submission:
Annexation into City of Laurel (80 acres or less) $300 + $25.00 /acre
Annexation into City of Laurel (81 acres or more) $300 + $35.00 /acre
The City Council of the City of Laurel, Montana, after review and consideration of this Application
for Annexation found such to be in the best interest of the City, that it complied with State code, and
approved this request at its City Council meeting of:
2
•
•
•
AIeIIDAYIT OF WAIVER OF PROTEST
BEFORE THE CITY COUNCIL
OF THE CITY OF LAUREL, MONTANA
FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF
ANY FUTURE SPECIAL IMPROVEMENT DISTRICT
The undersigned hereby waives protest to the annexation of the property described below by the
City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A.
§ 7- 2-4741 (2007), subsequent to the City's annexation of the below described property.
The undersigned hereby additionally waives protest to the creation of future Special Improvement
District(s) created and/or formed for future street improvements including, but not limited to, paving,
curb, gutter, sidewalk and storm drainage or any other lawful purpose.
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel.
This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their
transferees, successors and assigns.
LEGAL DESCRIPTION OF THE PROPERTY:
•■ « Lots 1, 3, and 4, Block 1, R & T Subdivision
DATED this day of V , 20 /1 .
r
Grantee Name
(Company..)
STATE OF logicept at. )
ss.
County of S )
On this?f ay of ic1 , 201 / personally appeared before me,
/2 o'eo(e / to ( proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) are subscribed to this instrument, and acknowledged the he/she/they executed
the same.
LN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day
and year in this certificate first above written. /
O KNAPP B. KWP ' otary Public f. e State of
(SEAL) ;W� . NOTARY PUBIlC for t Residing at:
. SEAL , m
„so„a My Commission ices:
`,, N Commission n
Expires
"'FpF November 08, 20144
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LAUREL CITY - COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Monica Plecker, Planning Director
RE: R &T Subdivision
HEARING
DATE: No Hearing Required.
INTRO1)CC 'ION:
In June 2014, Ronald and Todd Harmon applied for preliminary plat approval of R &T
Subdivision which contains 4 lots on approximately 30.50 acres of land for residential
development. The subdivision is a First Minor. The subject property is located north of West
12 Street. The property is adjacent to the City of Laurel but located in Yellowstone County.
VARIANCES REQI_ "ESTER:
No variances have been requested.
PROPOSED CONDITIONS OF APPROVAL:
Pursuant to Section 76 -3- 608(4), MCA, the following conditions are recommended to reasonably
minimize potential adverse impacts identified within the Findings of Fact:
1. Proposed Lots 1, 3 and 4 shall be annexed into the City of Laurel and comply with the
standards set forth in the City of Laurel Annexation Policy.
2. A 1' no access strip shall be placed along the eastern boundary of Lot 4.
3. All public improvements shall be built to Montana Public Work Standards and to the
specifications made in the Subdivision Improvements Agreement provided with the
application for preliminary plat.
4. To minimize effects on local services, utility easements shall be provided on the final
plat.
�' � Page 1 of 3
5. Minor changes may be made in the SIA and final documents, as requested by the
Planning, Legal or Public Works Department to clarify the documents and bring them
into the standard acceptable format.
6. To minimize the effects on the natural environment, a weed management plan and
property inspection shall be approved by the County Weed Department, prior to final plat
approval.
7. The final plat shall comply with all requirements of the Laurel- Yellowstone City - County
Planning Area Subdivision Regulations, rules, regulations, policies, and resolutions of the
Yellowstone County, and the law and Administrative Rules of the State of Montana.
PROCEDURAL HISTORY:
• A pre - application meeting was conducted with Planning Staff for the proposed
subdivision.
• The application was reviewed for completeness and sufficiency.
PLAT INFORMATION:
General location: North of West 12 Street, Laurel
Legal Description: TRACT 8B, C/S 2638 AND TRACTS 1 & 2, C/S 3306
Subdivider and Owner: Ronald and Todd Harmon
Engineering and Surveyor: Owner has dismissed and is using Sanderson Stewart as its
representative.
Existing Zoning: Residential Tracts
Existing Land Use: Vacant
Proposed Land Use: Single Family Residential
Gross Area: 30.50 acres
Proposed # of Lots: 4
Lot Sizes: Minimum Lot Size 12,680 sq. ft.
Maximum Lot Size 28.14 acres
Parkland Requirements: No parkland dedication is required.
Page2of3
PROPOSED FINDINGS OF FACT:
Unless the subdivision lies within an area that has adopted zoning regulations, the application
must include a draft Findings of Fact. (MCA 76 -3 -609 (2)(C))
• No findings of fact have been provided as the property is located within the City of
Laurel Zoning Jurisdiction.
ATTACHMENTS
A: Preliminary Plat and Associated Documents
Page 3 of 3
•
APPENDIX E
APPENDIX E
Preliminary Plat Application
Subdivision Name: R & T Subdivision
Date of Preapplication Meeting: 4/29/14
Type: Major First Minor X Subsequent Minor
Tax Code: D11734. D11734A, D11734B
Location:
Legal Description: Tract 8B, C/S 2638 and Tracts 1 & 2, C/S 3306
1/4 Section: SE 1/4. Sec 5 , Township: 2S , Range: 24E
General Location: 12th Street, Laurel
Subdivider Information:
Name (Include a list of officers if corporation): Ronald & Todd Harmon
Address: 1001 Montana Avenue, Laurel, MT 59044 - 2126
Telephone: 652 -5181 Email:
Owner Information:
Name: Same
Address:
Telephone: Email:
Plat Data:
Gross Area: _ 30.50 AC
Net Area: 30.06 AC
Number of Lots: 4
Maximum Lot Size: 28.14 AC
Minimum Lot Size: 12,680 SF
Linear Feet of Streets: 450
Existing Zoning: Residential Tracts
Surrounding Zoning:
North: Residential Tracts
South: R7500
East: R7500
West: Residential Tracts
Existing Land Use:
Proposed Land Use: Single Family Residential
360.21 • (Laurel Supp. No. 6, 4-08)
F
APPENDIX E �.
Parkland Requirement:
Land: Acres: N/A
Cash: Cash: $
Variances Requested (list and attach Variance Request):
1. None
2.
3.
Service Providers for Proposed Subdivision
Gas: Montana - Dakota Utilities
Electric: Yellowstone Valley Electric
Telephone: CenturyLink
School (Elementary, Middle, High): Laurel
Irrigation District: Big Ditch Company
Cable Television: Charter Communications
List of Materials Submitted with Application
1. Plat
2. SIA
3. Application Fee of $800.00
4.
5.
6.
Agent Information
Name: Sanderson Stewart c/o Dennis Randall
Address: 1300 North Transtech Way, Billings. MT 59102
Telephone: 406 - 656 -5255 Email: d randalk sandersonstewart.com
I declare that I am the owner of record of the above - described property, and have examined all state-
ments and information contained herein, and all attached exhibits, and to the best of my knowledge
and belief, is true and correct.
Owner of Record Date
Owner Under Contract Date
The submission of a preliminary plat application constitutes a grant of permission by the subdivider
to enter the subject property.
(Ord. 07 -01 (part), 2007)
(Camel Supp. No. 6, 4.08) 360-22