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HomeMy WebLinkAboutCouncil Workshop Packet 01.29.2019 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, JANUARY 29, 2019 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council. General Items 1. Appointments to the Laurel Volunteer Fire Department Amee Patrick Ryan Robertus Bridger Fournier Levi Klamert Steven Hiller 2. Appointments to the Laurel Volunteer Ambulance Service. Mariah Haugen David Jackson Boady Harper Bryanna Ruskanen 3. Public Hearing: Annexation and Initial Zoning Request from Goldberg Investments for Residential Light Multi-Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers 3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing. Executive Review 4. Planner agreement. 5. Laurel BK Lot Access 6. A Resolution Of The City Council Authorizing The Release Of Funds From The Tax Increment Financing District Fund For Façade Improvements And Signage For The Property Located At 117 West Main Street, Laurel Montana. Council Issues 7. Nuisance Barking Dogs Other Items Review of Draft Council Agendas 8. Draft Council Agenda for February 5, 2019. Attendance at Upcoming Council Meeting Announcements 9. Employee/Volunteer Recognition: - Page 1 - Employees: Stan Langve 19 years on the 5th Police Kurt Markegard 14 years on the 3rd Public works Julia Torno 1 year on the 17th Library Volunteer: Rick Gallegos 20 years on the 20th Fire Corey McIlvain 15 years on the 24th Fire John Beck 1 year on the 16th Fire Jayson Nicholson 1 year on the 16th Fire Jesse Gee 1 year on the 19th Fire The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER - Page 2 - Backup material for agenda item: Appointments to the Laurel Volunteer Fire Department Amee Patrick Ryan Robertus Bridger Fournier Levi Klamert Steven Hiller Appointments to the Laurel Volunteer Ambulance Service. Mariah Haugen David Jackson Boady Harper Bryanna Ruskanen - Page 3 - - P a g e 4 - Backup material for agenda item: Public Hearing: Annexation and Initial Zoning Request from Goldberg Investments for Residential Light Multi-Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers 3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing. - Page 5 - - P a g e 6 - - P a g e 7 - - P a g e 8 - - P a g e 9 - - P a g e 1 0 - MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD THURSDAY, JANUARY 03, 2019 Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. General Items 1. Public Hearing: Annexation and Initial Zoning Request from Goldberg Investments for Residential Light Multi-Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers 3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing. Judy read the rules for the Public Hearing. Forrest Sanderson the contract City Planner introduced the agent representing the property owners, Scott Aspenlieder PE from Performance Engineering 609 29th Street. Scott informed the public hearing of the proposed annexation and initial zoning for Nutting Brothers Subdivision 2nd Filing Lot 18 and Nutting Brothers Subdivision 3rd Filing lots 19-24 all Residential Light Multi-Family(RLMF) and on Lot 25 of the 3rd Filing of Nutting Brothers Subdivision for Community Commercial. Scott said that there will be no deviations to their request for the zoning that the City currently has in the area. Scott said that there will not be any mobile homes on the property like what was proposed in an earlier annexation and zoning request. The zoning request will allow for single family homes and some commercial activity off of Yard Office Road. In the future, Scott said that a subdivision review will come later if the annexation and zoning is granted. Scott said that this request is in line with the neighbors desired the last time this property was proposed for annexation and zoning. Scott stated that no mobile home will be placed on the land. Ron Benner ask about the low density statement and the difference between the low density and high density. Forrest stated the density is medium to high in the Residential Light Multi-Family zoning. Forrest stated that the density would be moderate designation versus the low density. Forrest asked Scott that the proposal is for moderate density and will not be turned into a Planned Unit Development in the future. Scott stated that there is no plan for any deviations of the proposed zoning request. Jon asked what is the density for RLMF and Judy stated that it is in the packet. Forrest stated that for one unit they need a 6,000 square feet, 7,500 for two units, 8,500 for three, and 10,000 square feet for four units. The limit is maxed at four units and the lot coverage is forty percent. The difference between this zoning and Multi- Family (MF) zoning is that RMLF zoning limits the lots to a four plex and under the MF zoning you could build larger than a four plex as long as you have the land area needed under lot size limits. Ron stated that the Growth Management Policy adopted by the City lists the proposed zoning as high density. Ron stated that the other issue with the previous request was not the mobile homes but the traffic. Scott stated that the last request was about the mobile home designation in his opinion. Forrest stated that the last request doesn’t matter today and only what is being presented today. Subdivision review will be in the future and that will have its own hearing. Ron asked about the Commercial zoning request and Forrest said that it this zoning allows for a diverse allowance for businesses that work with the Residential Districts. The district is compatible with moderate density zoning standards. Forrest stated that the City is statutorily required to have the public hearing on both requests of annexation and zoning and Forrest is suggesting lumping together both requests because if annexation is denied then the zoning request is mute. Forrest stated that the City has an - Page 11 - Annexation Policy and this property is adjacent to the City and is larger than the minimum acres needed for annexation. Staff submits that this is the type of annexation that the City has desired through the Annexation Policy. The request is in line with the 2013 Growth Management Plan and public infrastructure. The executed Special Improvement District Waiver is included. The required Fees were submitted. The adjacent right of ways will also need to be annexed. The annexation will also have to include an annexation map. Staff recommendation is to approve the requested annexation by the Planning Board. Forrest stated that the RLMF and the CC zoning are applicable zoning districts assign by the City of Laurel. Forrest stated there is no deviations of the requested zoning. Forrest finds that the zoning is in compliance with all the regulations of local and state laws. Forrest’s report is attached to these minutes that goes through the required zoning and annexation statutorily requirements. This report was presented to the public in an overhead projector. In Forrest’s report, the findings support approval of the zoning an annexation with the conditions that are contained in the staff report. Forrest asked the Planning Board members if there were any more questions and the Planning Board did not have any more questions. Forrest read into the record that the Public Hearing notice was mailed out to the surrounding property owners and two letters were returned. These letters returned were to Dale and Laura Mussetter of 1920 E. Maryland Lane and Neil Gunderson of 2024 E. Maryland Lane. The Public Hearing was opened for Public Comment. Nancy Lousch of 1608 E. Maryland Lane commented that the property was not listed on the Montana Cadastral Mapping as being owned by Goldberg Investments. Kurt Markegard, the Public Works Director, informed Nancy that the Planning Board had the ownership records in their packet and it was confirmed that they are the recorded owners of the property being requested to be annexed. Nancy commented that the traffic in the area needs to be addressed with the 55 lot mobile home park that is being built. Nancy also asked how she was to get the information to make a formal protest prior to the City Council meeting on February 5th at the next public hearing. Forrest said that he would get her the statutorily information at the close of this meeting. Scott Aspenlieder stated that they are not asking for anything that doesn’t comply with the zoning in the area. They will comply with the current zoning and the rules. Scott stated that this development will fit with the neighborhood. Judy closed the Public Hearing as there was no other public comment. 2. Judy call for a roll call of the Planning Board Planning Board member present Ron Benner, Jerry Williams, Jonathan Klasna, Evan Bruce, Roger Giese, and Judy Goldsby. Forrest stated that a quorum is reached. 3. Approval of Minutes from 11.1.2018 Jerry motion to approve the minutes and Ron seconded the motion to approve. All members were in favor of the minutes. New Business 4. Recommendation of Annexation and Initial Zoning Request from Goldberg Investments for Residential Light Multi-Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers 3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing. - Page 12 - Roger motioned to approve the annexation and zoning for Goldberg Investments. Jerry seconded the motion. Judy opened up the board discussion. Ron commented about the traffic from the commercial portion of this request. Ron read off many businesses that could be allowed in the community commercial zoning. Ron is concerned that traffic from these types of businesses. Jon asked Forrest what is the spacing requirements for the commercial zoning and is it similar to the residential. Forrest said there is not a lot size requirement but there is set backs from the street of twenty feet. There are no set back requirements from the side of the lots, and ten feet from a side streets and also no set back requirements from the rear of the lot. The height of any building is 25 feet and a maximum of fifty percent lot coverage. The minimum area for this type of zoning is 2.07 acres. The RLMF zoning is similar to the Community Commercial in lot size requirements. Jon asked how big lot 25 in acreage is and Forrest stated that lot 25 it is five or six acres. Ron asked if they can subdivide lot 25 into smaller lots. Forrest stated that they would have to go through subdivision regulations and that would come back to this board before the City Council would take action. Scott stated that lot 25 is nine acres. Ron spoke about the roads when the City annexes property and is concerned that the city will drop the ball when it comes to connecting the roads and making the City a livable city with connected roads. Ron stated that there are roads that have never been finished. Ron asked Kurt if the city will do their part. Kurt explained that when the City annexes land, the City must annex the entire road right of ways as required by state law. This does not give the right for the City to pass a special improvement district in the area and have the County residents pay for a portion of the costs associated of road improvement onto the county parcels. The county residents could protest this creation of special improvement district to complete road improvements. Most costs for road improvements are tied to the lots that are adjacent to the roads. Ron stated that there are roads all over the city that are not paved. Kurt stated that citizens can petition to create a special improvement district to do road improvements any time they want to if they want the improvements. There is always the concern that if fifty one percent of the lot owners protest the creation of a special improvement district. Forrest stated that on these lots being considered for annexation there is a waiver of protest document so the current property owners and any subsequent property owners cannot protest the creation of a special improvement district. Forrest also stated that there can be a late comer agreement to help the developer to recoup costs if other property owners would like to connect to improvements that the developers paid for with their development. Judy asked if there is any public comment on the discussion for the recommendation of approval for annexation and zoning for Goldberg Investments. There was no public comment. Judy asked for a roll call vote on the motion for approval of Nutting Brothers Subdivision Recommendation of Annexation and Initial Zoning Request from Goldberg Investments for Residential Light Multi-Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers 3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing. Jerry said I, Ron yes, Jon yes, Evan yes, Roger yes, and Judy yes. The motion was approve with a unanimous yes vote. Forrest stated that there will be a Public Hearing on February 5, 2019 at the City Council meeting at 6:30 pm. Old Business 5. Planner Update - Page 13 - Matt Lurker stated that he is completing back ground references for two applicants and he is hoping that the City will have a planner in the next month. Matt stated that he would like a recommendation to the Mayor in the next few weeks. Other Items 6. Ron asked for information to be sent out sooner so that they have a chance to review the documents prior to the meeting. Kurt stated the information was sent out a week prior to the meeting except for the zoning allowances from the Laurel Municipal Code. Kurt also stated that the board should have a book with the regulations. Kurt stated that the new board members probably have not had a chance to get all the information they need to understand all the regulations. Kurt stated that there probably should be a review of the regulations with the Planning Board members in the near future. Forrest stated that there is a booklet that has been created by the State that has the subdivision and annexation regulations laws in this booklet. Announcements 7. Next Meeting: February 7, 2019. 8. Judy asked for a motion to adjourn the meeting. It was moved and seconded to adjourn and all were in favor. The meeting adjourned at 11:22am. - Page 14 - - P a g e 1 5 - - P a g e 1 6 - - P a g e 1 7 - - P a g e 1 8 - - P a g e 1 9 - - P a g e 2 0 - - P a g e 2 1 - - P a g e 2 2 - - P a g e 2 3 - - P a g e 2 4 - - P a g e 2 5 - - P a g e 2 6 - - P a g e 2 7 - - P a g e 2 8 - - P a g e 2 9 - - P a g e 3 0 - - P a g e 3 1 - - P a g e 3 2 - - P a g e 3 3 - - P a g e 3 4 - - P a g e 3 5 - - P a g e 3 6 - - P a g e 3 7 - - P a g e 3 8 - - P a g e 3 9 - - P a g e 4 0 - - P a g e 4 1 - - P a g e 4 2 - - P a g e 4 3 - 1 Goldberg Investments Annexation CITY HALL 115 W. 1ST ST. PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 Office of Planning Office of the Director of Public Works Date: January 7, 2019 To: Laurel Mayor and City Council From: Laurel – Yellowstone City – County Planning Board and Zoning Commission Forrest Sanderson, AICP, CFM – Contract Planner Re: Annexation Request, Goldberg Investment LLP BACKGROUND: On November 13, 2018, an annexation request for Lot 18 Nutting Brothers 2nd Filing and Lots 19 – 25 Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East was submitted along with a request for initial zoning. The initial zoning request, which is analyzed in a separate Report is for Residential Limited Multi-Family (RLMF) and Community Commercial (CC). The Laurel – Yellowstone Planning Board and Zoning Commission did on January 3, 2019 conduct a public hearing on the proposed annexation request. ANALYSIS OF REQUEST City Council Resolution #R08-22 (March 4, 2008) and the aforementioned Application Form establishes the criteria and requirements for the annexation of property. Standard: 1. Only parcels of land adjacent to the City of Laurel will be considered for annexation. If the parcel to be annexed is smaller that 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 size. Once the council approves the request, the applicant can apply for annexation. Findings: A. The property requested for consideration is adjacent to the existing Laurel city limits; B. The property requested for consideration is 32.56 acres in size; C. The property owner (Goldberg Investments LLP) owns or has been authorized to submit the annexation petition.; - Page 44 - 2 Goldberg Investments Annexation D. Should the request for annexation be denied by the City of Laurel the request for initial zoning will not proceed further; E. This is the type of comprehensive annexation and initial zoning requests that are desired under the City of Laurel Annexation Policy. F. The annexation and initial zoning appears to be consistent with your 2013 Growth Policy. (Infrastructure, Land Use, and Transportation Sections). These sections encourage comprehensive ‘big picture’ looks at development, growth and the extension of public infrastructure. MOVING FORWARD 1. The application adequately addresses the following items as required by Council Policy: a. An extension of City Streets, Water, Sewer, Sidewalks, Storm Water, Curb and Gutter and how the developer/owner intends to pay for these infrastructure extensions; b. An executed waiver of the right to protest the creation of SID’s; c. Adequate discussion of the suitability of the proposed zoning for the property to be annexed; d. A notarized signature from the record property owner authorizing the annexation and requested initial zoning; e. Adequate discussion of the subdivision process to create lots that conform to the minimum district requirements and use limitations imposed by the Laurel Zoning Regulations. 2. The application did include a fee for the consideration of annexation and zoning. a. The fee is adequate for the application as presented. 3. The annexation map, to be prepared at the developers expense shall include all adjacent public rights-of-way RECOMMENDATION: The request to proceed with annexation of Lot 18 Nutting Brothers 2nd Filing and Lots 19 – 25 Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East Subdivision should be APPROVED for the following reasons: 1. The annexation request is consistent with the City of Laurel Annexation Policy. 2. The requested annexation is consistent with the 2013 Laurel Growth Policy. 3. The requested initial zoning for the properties is existing Laurel Zoning classifications. - Page 45 - 1 Goldberg Investments Initial Zoning CITY HALL 115 W. 1ST ST. PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 Office of Planning Office of the Director of Public Works Date: January 7, 2019 To: Laurel Mayor and City Council From: Laurel – Yellowstone City – County Planning Board and Zoning Commission Forrest Sanderson, AICP, CFM – Contract Planner Re: Initial Zoning Request, Goldberg Investment LLP BACKGROUND: On November 13, 2018, an annexation request for Lot 18 Nutting Brothers 2nd Filing and Lots 19 – 25 Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East was submitted along with a request for annexation. The initial zoning request is for Residential Light Multi-Family (RLMF) on Nutting Brothers 2nd Filing Lot 18 and Nutting Brothers 3rd Filing Lots 19 – 24 and Community Commercial (CC) on Lot 25 Nutting Brothers 3rd Filing. The Laurel – Yellowstone City County Planning Board and Zoning Commission did on January 3, 2019 conduct a public hearing on the proposed initial zoning request. ANALYSIS OF REQUEST LEGAL DESCRIPTION: Lot 18 Nutting Brothers 2nd Filing and Lots 19 – 25 Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana GENERAL INFORMATION 1. The RLMF is intended to provide a suitable residential environment for medium to high density residential dwellings and where possible a buffer between residential and commercial zones. 2. The CC is intended to accommodate retail, service, and office facilities offering a greater variety than would normally be found in a neighborhood or convenience retail development. 3. Both the RLMF and CC zones are generally applicable existing standard Zoning Districts within the City of Laurel. Further, the zoning classifications exist on properties annexed into the City of Laurel that are adjacent to the proposed annexation and initial zoning request. - Page 46 - 2 Goldberg Investments Initial Zoning - Page 47 - 3 Goldberg Investments Initial Zoning FINDINGS OF FACT The City of Laurel is an incorporated City within the State of Montana with powers established by the City Charter. The power and processes for the City to establish zoning regulations are found in §76-2-301 et. seq. M.C.A. 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 constitutes the rational nexus/legal basis for the adoption of or amendments to a zoning district or zoning regulations, as follows: I. Is the zoning in accordance with the growth policy;  The proposed zoning regulations and map are based on the 2013 Growth Policy. A quick comparison of the Future Land Use Map verifies that the proposed zoning is consistent with the anticipated future zoning for the area.  The RLMF and CC zones are generally applicable existing standard Zoning Districts within the City of Laurel that are supported by the 2013 Growth Policy.  The zoning classifications exist on properties annexed into the City of Laurel that are adjacent to the properties proposed annexation and initial zoning request.  Several strategies from the Growth Policy pertaining to the residential development are met with the new zoning. Most notably; The regulations are designed to provide easier use, reuse and restoration of existing structures and properties and the regulations encourage infill development and expanded use opportunities. Finding: 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;  The requested zoning encourages compact walkable development as well as expanded opportunities within new developments.  The requested zoning encourages compact urban development as such the need for vehicular travel is limited.  The requested 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. Finding: The requested zoning will lessen congestion in the streets by ensuring orderly growth and development of the property that is consistent with the zoning and other regulations adopted by the City of Laurel. III. Is the zoning designed to secure safety from fire, panic, and other dangers;  The requested zoning will provide for consistency in development along with provision of urban services including but not limited to water, sewer, police and fire protection. - Page 48 - 4 Goldberg Investments Initial Zoning  The requested zoning regulations incorporates enforcement of development standards, setbacks and compliance with the Building Code program adopted by the City of Laurel.  The requested zoning has restrictions on lot coverage, grading and development on steep slopes and other areas that are potentially hazardous. Finding: The recommended zoning will provide safety to residents and visitors to the City from fire, panic and other dangers. IV. Is the zoning designed to promote health and the general welfare;  The requested zoning imposes limitations on uses, setbacks, height limits and building restrictions.  The requested zoning groups together like and consistent uses within existing neighborhoods.  The requested zoning is consistent with the prevailing zoning established by the City of Laurel on lands already located within the City limits.  The proposed zoning implements the legislative intent of the City Council, provide consistency in the administration of the regulations and encourages responsible growth and development in and adjacent to the City of Laurel. Finding: 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 neighborhood. V. Is the zoning designed to provide adequate light and air;  The requested zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development.  The text of the regulations in the requested zones implement the concept that the City of Laurel was developed historically on a gridded network. The requested 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. Finding: The requested zoning will ensure the provision of adequate light and air to residents of the City through various development limitations. VI. Is the zoning designed to prevent the overcrowding of land;  The zoning regulations impose minimum lot size, use regulations and other limitations on development.  The minimum lot size established with the requested zoning provides for ease of transition from rural to urban development. These standards encourage annexation to the City and development at a scale that justifies the capital extension of water and sewer while spreading the costs out on an equitable basis.  The text of the proposed regulations encourages compact urban scale development while preventing undue overcrowding in any given segment of the community. - Page 49 - 5 Goldberg Investments Initial Zoning  The regulations encourage the creation of adaptive open space uses in conjunction with more intensive uses of property. Finding: The existing standards of the requested zoning will prevent the overcrowding of land. VII. Is the zoning designed to avoid undue concentration of population;  The requested zoning is part of the holistic approach to land use regulation for the entirety of the City of Laurel and is not focused on any single special interest.  The requested zoning takes advantage of areas that were created and intended as suitable for residential and commercial uses.  The existing RLMF regulations are a part of the City residential zoning districts that provide a continuum of residential densities and managed development to create land use compatibility.  The existing CC regulations are a part of the City commercial zoning districts that provide a tiered set of commercial uses, bulk of structures, and densities to enhance land use compatibility within the City.  The requested zoning imposes minimum lot sizes, reasonable use restrictions on the subject properties, fencing limitations and setback standards. Finding: The existing standards of the requested zoning will prevent the undue concentration of population by encouraging the most appropriate use and development on the subject property. VIII. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;  The existing RLMF regulations are a part of the City residential zoning districts that provide a continuum of residential densities and managed development to create land use compatibility.  The existing CC regulations are a part of the City commercial zoning districts that provide a tiered set of commercial uses, bulk and densities to enhance land uses within the City.  The prevailing zoning along with the City Subdivision Regulations establishes minimum standards for the provision of infrastructure such as roads, sidewalks, water sewer, wire utilities and storm water management.  The prevailing 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. Finding: The standards of the requested zoning will ensure the adequate provision of 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; - Page 50 - 6 Goldberg Investments Initial Zoning  The requested zoning (CC and RLMF) specify development standards and solidify the legislative intent of the City Council that was stated in the initial adoption of the regulations and the 2013 Growth Policy.  The proposed changes do not impact any of the adopted district standards that were established to ensure that the regulations provide for land uses that are compatible with existing uses and neighborhood characteristics.  The requested zones, by definition, are designed to be adjacent to each other, provide buffers and transitional areas between residential and commercial development.  The petitioner has not proposed to change height limits and other building restrictions. These restrictions ensure compatible development.  The requested zoning groups together like and consistent uses and is consistent with the existing zoning in the neighborhoods currently within the City of Laurel. Finding: The requested zoning gives due consideration to the character of the existing neighborhoods, within the City as well as suitability for the particular uses. X. Does the zoning give reasonable consideration to the peculiar suitability of the property for its particular uses;  The requested zoning assignments are districts created by the City to implement the significant sections of the 2013 Growth Policy.  The 2013 Growth Policy represented a major turning point in the theory of land use and land use regulation for the City of Laurel.  The Growth Policy ties directly to and values the City’s history and existing use of property and structures, the tools used to encourage development of property needed to be designed to reflect this change in direction.  The proposed changes do not impact any of the currently adopted district standards that were established to ensure that the regulations provide for land uses that are compatible with existing uses and neighborhood characteristics.  The requested zones, by definition, are designed to be adjacent to each other, provide buffers and transitional areas between residential and commercial development.  The requested zoning groups together like and consistent uses and is consistent with the existing zoning in the neighborhoods currently within the City of Laurel. Finding: The recommended zoning gives reasonable consideration to the peculiar suitability of the property for its particular uses. XI. Will the zoning conserve the value of buildings;  The requested zoning groups together like and consistent uses and is consistent with the existing zoning in the various neighborhoods of the City of Laurel.  The requested zoning reinforces that RLMF (residential) and CC (commercial) flexibility in the location and development of the permitted and conditionally permitted uses. In doing so the value of both residential and commercial properties is enhanced.  The RLMF and the CC are compatible adjoining land uses per the 2013 Growth Policy.  The requested zoning was proposed by the property owner. Any consideration of the value of existing buildings on the property would have been considered in the selection of the available Laurel Zoning Districts. - Page 51 - 7 Goldberg Investments Initial Zoning  Where the requested zoning is currently in place on surrounding properties the value of existing buildings should not be impacted because of the development of property with the same land use restrictions as the adjoining property. Finding: The recommended zoning will conserve or in many cases enhance the value of buildings. XII. Will the zoning encourage the most appropriate use of land throughout the municipality?  The requested zoning provides for grouping like and compatible uses.  The proposed zoning recognizes that buildings that are in residential or commercial areas have options either to remain as they are or to be utilized in a manner that reflect the highest and best use, in the owner’s opinion, for the subject property.  The requested zoning groups together like and consistent uses and is consistent with the existing zoning in the various neighborhoods of the City of Laurel.  The requested zones, by definition, are designed to be adjacent to each other, provide buffers and transitional areas between residential and commercial development. Finding: The recommended zoning will encourage the most appropriate use of land throughout the municipality. RECOMMENDATIONS AND CONDITIONS OF APPROVAL Staff Recommends that the Zoning Commission find that the proposed Zoning Assignment submitted by Goldberg LLP reflects the 2013 Growth Policy; that the rational nexus for the adoption of zoning has been met or exceeded by the proposed amendments; and that the citizens of Laurel have participated in the amendment of the Zoning Regulations. The request to proceed with initial zoning of Lot 18 Nutting Brothers 2nd Filing and Lots 19 – 25 Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East Subdivision should be APPROVED subject to the following conditions: 1. The annexation request is completed in accordance with Montana Law and the City of Laurel Annexation Policy. 2. The zoning shall be assigned at the time of filing the annexation map. 3. That all adjacent public road rights of way outside of the boundaries of the Goldberg LLP properties shall be included on the final annexation map and the exhibit prepared for final approval of the annexation by the City Council. - Page 52 - - P a g e 5 3 - Backup material for agenda item: Resolution to approve the Planner Agreement - Page 54 - - P a g e 5 5 - - P a g e 5 6 - - P a g e 5 7 - - P a g e 5 8 - - P a g e 5 9 - - P a g e 6 0 - - P a g e 6 1 - - P a g e 6 2 - Backup material for agenda item: Laurel BK Lot Access - Page 63 - R19-__ Amended Encroachment Permit South Montana Avenue RESOLUTION NO. R19-__ A RESOLUTION APPROVING AN AMENDED ENCROACHMENT PERMIT FOR SOUTH MONTANA AVENUE FOR C-STORE PROPERTIES LLC, INNOVATIVE PROPERTIES LLC AND, RIMROCK II, LLC AND TO AUTHORIZE THE MAYOR TO EXECUTE THE PERMIT ON BEHALF OF THE CITY OF LAUREL. WHEREAS, the City Council previously approved an Encroachment Permit for C -Store Properties LLC and Innovative Properties LLC (“Property Owners”) through Resolution ________; and WHEREAS, Rimrock II, LLC approached the Property Owners and entered into an agreement to enable them to become a party to the Encroachment Permit as evidenced by the Agreement attached hereto and incorporated herein; and WHEREAS, the City has reviewed the Agreement and upon requests of the Parties hereby approve the Amended Encroachment Permit with is attached hereto and incorporated herein; and WHEREAS, the terms and conditions of the Encroachment Permit have not been materially or substantially changed other than to add Rimrock II, LLC as a Party to the Encroachment P ermit through this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel that the attached Amended Encroachment Permit is hereby approved for a ten (10) year term which shall automatically renew for an additional ten (10) year term if not terminated by either party as provided in the Amended Encroachment Permit; and BE IT FURTHER RESOLVED, the Mayor is authorized to execute and record the attached Amended Encroachment Permit on behalf of the City of Laurel after the Parties have executed the Permit. Introduced at a regular meeting of the City Council on ____________, 2019, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this ___th day of _______________, 2019. APPROVED by the Mayor this __th day of ___________, 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: - Page 64 - R19-__ Amended Encroachment Permit South Montana Avenue _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 65 - 1 When Recorded Return to: City of Laurel P.O. Box 10 Laurel, Montana 59044 AMENDED ENCROACHMENT PERMIT This Encroachment Permit (“Permit”) is approved and issued by the City of Laurel, Montana (“City”) pursuant to City Council Resolution, for the benefit of C-Store Properties, LLC, Innovative Properties, LLC, and Rimrock II, LLC hereinafter (“Property Owners”). The City and Property Owners are referred to herein jointly as “Parties.” The Permit is specific to that portion of South Montana Avenue shown on the attached map (“Permit Area”) that is labeled Exhibit A and attached hereto and incorporated herein by this reference. At all times relevant during and after this Permit, South Montana Avenue shall remain a dedicated public right-of-way. The City of Laurel has no intention to vacate the right-of-way and is providing Property Owners the authority to improve and use the South Montana Avenue right-of-way until this permit expires, terminates or is revoked. Recitals 1. Whereas, the City currently owns and controls a 60’ right-of-way constituting a dedicated public street known as South Montana Avenue. South Montana Avenue, in this location, is gravel and not developed and will likely remain undeveloped for the foreseeable future. 2. Whereas, the Property Owners currently own two unimproved lots which are immediately adjacent to the South Montana Avenue right-of-way as shown on Exhibit A. Property Owners intend to improve the lots by paving them for purposes of providing customer parking as well as access for their existing business properties. 3. Whereas, the City has received a number of complaints from nearby property owners regarding excessive dust from the public’s use of Property Owners’ unimproved lots as well as the unimproved South Montana Avenue for parking and access. As a result of the complaints, the City contemplated closing and fencing off South Montana Avenue to the public by erecting a fence to keep traffic off the right-of-way until it is improved at some time in the future. - Page 66 - 2 4. Whereas, Property Owners approached the City with a plan to resolve the ongoing dust issue by improving their lots. Property Owners improved the lots by designing and constructing a paved parking lot and travel lane. 5. Whereas, the City possesses the authority to regulate the use of its rights-of-way in the best interest of the public, and at this time allowing Property Owners to improve and use the right-of-way pursuant to the terms and conditions contained in this Permit. 6. The City Council is authorized to approve an Encroachment Permit to regulate the use of streets, sidewalks, and public rights-of-way pursuant to Chapter 12.16.040 of the Laurel Municipal Code, §7-14-4102 MCA, and the City’s self-governing powers provided through its Charter. 7. Upon review of this situation and the special facts and circumstances surrounding this situation, the City Council has determined issuance of this Encroachment Permit is appropriate and in the City and Public’s best interest. Encroachment Permit Terms and Conditions NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The recitals herein are incorporated into this Permit by this reference. 2. Grant of Encroachment Permit. Under the terms and conditions of this Permit, and pursuant to the Resolution of the City Council, the City hereby permits Property Owners or their successors in title, to utilize the Permit Area for the existing planned improvements. 3. Forebearance. As long as Property Owners and their successors in title comply with the terms and conditions of this Permit, the City shall forbear, any act or action to interfere with the permitted use of the Permit Area described herein 4. Conditions on Use. A. The Permit remains valid so long as Property Owners, or their successors in interest, use of the Permit Area remains in compliance with the terms and conditions of this permit and, the use and/or size of the Permit Area is not expanded, and no hazardous materials or substances may be stored upon or buried within the Permit Area. Subject to the foregoing provisions, nothing herein shall be deemed or considered to prohibit or prevent Property Owners or their - Page 67 - 3 successors in title from using the Permit Area as a paved parking lot. Property Owners shall not allow parking on the Permit Area which shall be utilized for ingress and egress purposes. B. Property Owners acknowledge that the Permit Area contains underground public and private utilities including but not limited to water, sewer, power, and gas. Property Owners shall not deny access to a utility owner requiring access to his/her utility line. The Parties agree that any excavation or work within the Permit Area must comply with Chapter 12.12 of the Laurel Municipal Code. 5. Design, Construction and Maintenance. A. Property Owners obtained a professionally engineered design for their proposed parking lot that addresses storm water drainage, ingress and egress control, striped parking spaces compliant with ADA requirements, and constructed to current City standards. Property Owners obtained all necessary approvals from the City as well as securing a building permit. At all times during this Permit, Property Owners are responsible for sharing the cost of snow removal and weed control. B. Payment. Property Owners have paid the cost of the project not covered by grants obtained for the project. C. Reimbursement of Costs. If any future property owner desires use of the Permit Area, he/she must pay Property Owners a proportionate share of their “out of pocket” project costs before the City issues him/her permission to additionally use the permit area. 6. Termination or Revocation. A. Definition of Default. A Party’s failure to comply with any term or condition contained in this Permit, shall constitute a default under this Permit. B. Remedies for Default: i. If a Party defaults under this Permit, the other Party may immediately give written notice of such default. ii. If the breaching Party cures the default within thirty (30) days from the date of service of notice, the Permit shall remain valid. iii. If the breaching Party fails to cure the breach within thirty (30) days, the other Party may pursue any appropriate remedy available by law including but not limited to termination or revocation of the Permit. - Page 68 - 4 C. If the use of the Permit Area changes, or if future development requires the use of the Permit Area as a City Street, the City may immediately terminate or revoke the Permit and require the Property Owners to surrender the Permit Area to the City. Property Owners shall not remove or disturb any improvement prior to vacating the Permit Area. 7. Indemnification. Property Owners shall indemnify and hold harmless the City, including, without limitation, City’s agents, elected officials, and its employees, from any claim, right, or cause of action, arising out of or in any way connected with the negligence or willful act of Property Owners that results in the injury or death of any person or damage to real or personal property arising out of the use of the Permit Area under this Permit. Property Owners shall maintain insurance for the parking lot and Permit Area to cover potential claims or injuries that may occur. 8. Miscellaneous. The following additional conditions apply to this Permit: A. Transfer. This Permit and the rights and obligations hereunder may be transferred to a successor in title to the Property Owners so long as the use of the property remains as permitted. B. Severability. If one or more of the provisions contained herein are declared invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be impaired thereby. C. Waiver. The failure of either Party to insist in any one or more instances upon strict performance of any of the requirements of this Permit shall not be construed as a waiver or relinquishment for the future of such requirement, but the same shall continue and remain in full force and effect. D. Headings. The headings and captions of various paragraphs of this Permit are for convenience of reference only and are not to be construed as defining or limiting, in any way, the scope or intent of the provisions therein. E. Amendment. All modifications or changes to this Permit shall be effective only when reduced to writing and signed by Parties hereto, and approved by Resolution of the City Council. F. Applicable Law. This Permit shall be interpreted according to the laws of the State of Montana. G. Entire Agreement. Except as explicitly stated herein, this Permit, attachments, and the Council Resolution constitute the entire agreement between the Parties - Page 69 - 5 and subsume and incorporate all prior written and oral statements and understandings. H. Recording. This Permit shall be recorded in the Office of the Clerk and Recorder in and for Yellowstone County, Montana. I. This Permit shall be effective upon authorization and/or approval by City Council Resolution and Signature by the Mayor of the City of Laurel. The Permit shall be effective for successive terms of ten (10) years unless terminated or revoked by either Party on one of the grounds set forth herein. IN WITNESS WHEREOF, each Party has caused this Permit to be executed in duplicate. Property Owners: By: Dennis Whitmore C-Store Properties, LLC By: Steven Barkley Innovative Properties, LLC By: _______________________________________ Ann Soares, Member Rimrock II, LLC City of Laurel: By: Mayor By: City Clerk - Page 70 - Backup material for agenda item: A Resolution of the City Council authorizing the release of funds from the Tax Increment Financing District fund for facade improvements and signage for the property located at 117 West Main Street, Laurel Montana - Page 71 - - P a g e 7 2 - - P a g e 7 3 - - P a g e 7 4 - - P a g e 7 5 - - P a g e 7 6 - - P a g e 7 7 - - P a g e 7 8 - - P a g e 7 9 - - P a g e 8 0 - - P a g e 8 1 - - P a g e 8 2 - - P a g e 8 3 - Backup material for agenda item: Draft Council Agenda 2.5.2019 - Page 84 - AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, FEBRUARY 05, 2019 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R18-XX NEXT ORD. NO. O18-XX WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified time s for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action , with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda item, we ask that you wait until the agenda item is prese nted to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welco mes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approve minutes of January 15, 2019. Correspondence Council Disclosure of Ex Parte Communications Public Hearing 2. Public Hearing: Annexation and Initial Zoning Request from Goldberg Investments for Residential Light Multi-Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers 3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing. Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 3. Claims for the month of January 2019. 4. Approval of Payroll Register for PPE 1/13/2019 totaling $167,282.70. 5. Receiving the Committee/Board Minutes into the Record. Budget/Finance Committee minutes of January 15, 2019. Ceremonial Calendar Reports of Boards and Commissions Audience Participation (Three-Minute Limit) - Page 85 - Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 6. Appointments to the Laurel Volunteer Fire Department Amee Patrick Ryan Robertus Bridger Fournier Levi Klamert Steven Hiller Appointments to the Laurel Volunteer Ambulance Service. Mariah Haugen David Jackson Boady Harper Bryanna Ruskanen 7. Resolution No. R19-__: Planner agreement. 8. Laurel BK Lot Access 9. A Resolution of the City Council authorizing the release of funds from the Tax Increment Financing District Fund for Facade Improvements and Signage for the property located at 117 West Main Street, Laurel Montana. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER - Page 86 -