HomeMy WebLinkAboutResolution No. R17-02 - Fail - 2-6 -(}1 017 a-,- 'c bd
2 —�
RESOLUTION NO. R17-02
RESOLUTION OF ANNEXATION AND APPROVAL OF ZONE CHANGE FOR
LOTS 19-25,NUTTING BROTHERS SUBDIVISION, 3RD FILING, TO THE
CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA.
WHEREAS, a Petition has been filed with the City of Laurel by and through an authorized
agent of the owner of Lots 19-25, Nutting Brothers Subdivision 3rd Filing, hereinafter("petitioner")
seeking annexation to the City of Laurel and a zone change from Residential Tracts to Residential
Manufactured Homes as provided by the Laurel Municipal Code; and
WHEREAS, Petitioner constitutes the owner of the entire property proposed to be annexed,
as described below; and
WHEREAS, the Laurel City-County Planning Board reviewed the Petition for Annexation
and request for a zone change at a duly advertised public hearing that was held on December 1,
2016; and
WHEREAS, the Laurel City-County Planning Board heard testimony from Petitioner and
his Agents who spoke as proponents of the requests and testimony from individuals who resided
near the proposed annexation area; and
WHEREAS, based on the evidence and testimony provided at the hearing the Laurel City-
County Planning Board approved a motion to recommend a conditional approval of annexation and
zone change to the Laurel City Council by a 3-0 vote with 2 members recusing themselves from the
vote; and
WHEREAS, the City Council of the City of Laurel has determined that it is in the best
interest of the City and the inhabitants thereof, and of Petitioner, that the following described
territory be annexed to the corporate limits of the City of Laurel, with the requested zone change,
only if an Annexation Agreement that contains all the conditions and requirements for future
development is negotiated, executed and approved by the City and Property Owner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. Pursuant to MCA Section 7-2-4601 et. seq. the incorporated boundaries of the City of Laurel
shall be and the same hereby is extended and/or expanded to include the territory described
herein.
2. Petitioner has executed a petition seeking annexation of the property described herein.
3. The following described territory is hereby annexed to the City of Laurel:
Nutting Bros 3rd Filing, S10, T02 S., R24 E, Lots 19-25 according to the records on
file and of record in the office of the Clerk and Recorder of Yellowstone County.
R17-02 Annexation of Nutting Bros 3'Filing Lots 19-25
4. That the zoning designation of the above-described property shall change from Residential
Tracts to Residential Manufactured Homes upon recording of this Resolution and the
Zoning Map for the City of Laurel shall be modified to reflect the zone change.
5. The Owner of the Property shall provide the City of Laurel a signed Annexation Agreement
that contains all the terms, conditions and obligations required for the herein described
property's annexation into the City of Laurel.
6. Upon receipt of the executed Annexation Agreement, this Resolution shall be incorporated
into the official minutes of the City Council, and upon said incorporation, the City Clerk-
Treasurer shall file a true and correct, certified copy of this Resolution and of said minutes
with the Yellowstone County Clerk and Recorder.
7. From and after the date that the City Clerk-Treasurer files such certified copy of this
Resolution and of the Council minutes in the office of the Yellowstone County Clerk and
Recorder, this annexation of the above-described territory to the City of Laurel shall be
deemed complete and final.
Introduced at a regular meeting of the City Council on January 3, 2017, by Council Member
Nelson .
PASSED and APPROVED by the City Council of the City of Laurel this 3rd day of January,
2017.
APPROVED by the Mayor this 3rd day of January, 2017.
CITY OF LAUREL
Mark A. Mace, Mayor
ATTEST:
Bethany Keeler, Clerk/Treasurer
Approved as to form:
Sam S. Painter, Civil City Attorney
R17-02 Annexation of Nutting Bros 3'd Filing Lots 19-25
,05:11,‘
Au
1
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Noel Eaton, City Planner
RE: Application for Annexation and Zone Change
HEARING
DATE: January 3, 2017
INTRODUCTION:.
In August 2016, Propriedad, LLC submitted a petition for the annexation of lots 19-25,Nutting
Bros 3''Filing. The subject property is located north of Eleanor Roosevelt Drive and west of
Yard Office Road. The property is adjacent to the City of Laurel.
ITORY
• April 7th 2016 Rob Morehead and Propriedad LLC went before the Planning
Board for approval of a zone change from Residential Tracts to Residential
Manufactured Homes.
• The Planning Board recommended approval with a 3-1 vote with 1 abstention
• May 17th 2016 the Yellowstone County Commissioners held a public hearing to
approve the zone change.
• The Commission voted to deny the zone change with a 3-0 vote.
• December 1, 2016 the application for Annexation and Zone Request went before
the Planning Board at a public hearing. The Board voted to approve the
application with staff report and suggested conditions of approval with a 3-0 vote
with two abstentions.
STAFF FINDINGS:
1. Propriedad LLC is requesting the annexation of the property identified above. The
property is zoned Residential Tracts. The applicant is requesting a zoning change to
Residential Manufactured Homes.
2. The property is approximately 30 acres.
3. The property owner, Carl Brenden, has provided a letter to the Planning Board and City
Council.
4. The lot is currently vacant and the proposed use would be a mobile home park
(Development for Rent or Lease).
Page 1 of 6
5. The property is located along Yard Office Road which is classified by MDT as a Primary
and Urban Route
6. The property is in close proximity to E Maryland, classified as an Urban Route.
7. Adjacent to the property to the north is an 80 foot County Park dedicated by the Nutting
Bros subdivision.
8. North of the property and County Park land is the Nutting Drain.
9. The City of Laurel Growth Management Plan describes the area of town where this
property is located as "East Side: This portion of the City is currently developed and
holds much of the older housing stock. It is mostly developed with single-family homes
with pockets of manufactured homes."
10. The City of Laurel, Montana Projected Population and Demand for Housing shows that
with a .75%population increase the population would increase 521 people and require an
addition 221 units by 2020
11. With a 1.0%population increase by 2020, there would be an additional 703 people and a
demand for 299 units.
12. 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.
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.
Page 2 of 6
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. 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.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the
time of annexation approval.
4. A major preliminary plat application shall be submitted.
5. A Subdivision Improvements Agreement shall be executed with Preliminary and Final Plat
approval.
PLANNING BOARD RECOMMENDATION & STAFF UPDATE
The Laurel City Council Planning Board held a public hearing on December 1n, 2016.The
Board recommended to approve the Annexation and Zone Change of Residential Manufactured
Homes with a 3-0 vote with 2 abstentions.
There were 2 proponents including the developer and his agents and 7 opponents.
• There were several people from the public that were concerned about the water and sewer
capacity and if the plants the City has are able to handle a development of this size.
o Kurt Markegard, Public Works Director spoke regarding the proposed
development. There are sufficient water and sewer lines in the area. There is no
problem with the sewer plant as have the capacity since recently undergoing a
$6 million dollar upgrade. A 4th lift station will have to be installed to be able to
serve the new development.
o The Water Plant is in the middle of an update to the intake pier and there will be
no problem supplying the development with water.
Page 3 of 6
• There are concerns about the traffic on East 8th Street, Eleanor Roosevelt,Yard Office, and E
Maryland Lane.
o Noel stated that there will be an entire traffic study done with the
subdivision application.At this time,traffic concerns cannot be answered
until we are able to move forward with reviewing the detailed studies
within the subdivision application.
• Concerns regarding emergency services,their response and their capacity as well as overall
safety concerns regarding the nature of this development.
o Laurel Police Chief Rick Musson came forward to speak on the issue of
public safety for this development. He talked with the developer and this is
a private property like Sunhaven Trailer Court.The Police Department
cannot do parking or traffic control inside the development unless it's a DUI
or reckless driving. But they can do criminal cases. Any change to number
of city resident's makes an impact on the Laurel Police Department.
o Rick went on to say he has been in Alder Ridge many times and sees the
messes people make of their property. They have calls in Alder Ridge from
time to time. But they are not dealing with Alder Ridge all of the time. And
when they are dealing with Alder Ridge it is just certain people. Every
neighborhood can pinpoint a particular person or people that are problem
children.This happens in every part of Laurel whether it is in the high or
lower end of the community. This happens in all communities because
human nature causes it. There is no way to know what the impact will be in
20 years or in a year. Adding one residence can make an impact on his
already small department. He can say that he knows they won't be at all 220
units(in this development)each day. But it will make an impact on the
roads and traffic control. Twenty years ago no one would have ever
thought there would be traffic jams in the city of laurel but we have them
happening now. The higher traffic is the result from new developments
both inside and outside of the city limits. Whether the homes are stick built
or manufactured homes they are going to make an impact on public
services. He went on to say that Laurel will grow and he understands that it
causes impact.
o Laurel Fire Chief Brent Peters spoke. He stated that 220 units could be 220
fire calls,CO2 calls,220 ambulance calls. He doesn't know what the impact
will be. Alder Ridge has not created any substantial statistics on the fire side
of services in the past years. On the ambulance side of services there is a
large amount of calls but he feels it is due to the quality of living. He doesn't
see that happening in this development if it is designed like the developers
have said it will be.
• Does the Laurel School District have the capacity to handle a development of this size?
o Noel stated that she is not able to say much regarding the school system.
She is aware that the district does have an Educational Facilities Planning
committee that is looking at what the school system already has,what is
needed,and what they can do to accommodate the amount of students
they have.She will be in contact with Linda the school district
Superintendent.
Page 4 of 6
tom 1 gvP
masawan
:i. # � e�'` ext.
,�
Itt
.„, 1 r 1 ,,,i. ,4,,,,,,,,.. _
,. . 1- I N ' P $ � �
_
ir
Nps 2 2 aa.
Stt.s f' i i11i-tt
til
A
if
ir,
+ IF,1:2 t; a i a. y,_r �� •
s
L3 i � E 3 } }^- r
Y '
_
-✓
t.i.• i ,--,-----re r,-,;„,:___; _:45174;$4,4'.3 `"2.' ..,- --,
tx S
u
z�
S"` C + .--
z_,
(Boundary line of Subject Property)
ro ?,
V02640 1,02612
tt
II
r
' ."arifJ'1
t:
?$taq
latrt
IMO 8
3j
(Zoning-Tan= Residential Tracts, Purple= Residential Limited Multi-Family, Red=Community
Commercial,Yellow= Residential Manufactured Homes )
Page 5 of 6
ry
... � „....4.;,•- .� 4 d
to r@
ns.y;
>
¢ .. 4p
�” fF` .....,2.4"::,. .*;.; •t Hwy i {#.
�` } � t
V,::
!� f _a°y '
NT •s!
11
•
yy,
•� � �,i ,;,;:,417.,
t �"a
T gy
,s+ F
f,>
B t iw+K 11 .is '. to `+ ? _—:...:--:::.:•,--=', '
„�,,.r- ..
Btu -tea •,,� .4' i- yam-'” sem. c- ,s
(rte
B.1 a I =1- .1 1 1557 =x�a ,-:-->.;,,,-;-'
"
6 i4ear ot2uxn , **�� et a'1v r. • ':.-•,, -,-,,,„---7.,....---.40"..-
,
. .. _7. �
Y(County Park Land)
Page 6 of 6