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HomeMy WebLinkAboutResolution No. R20-77RESOLUTION NO. R20-77 A RESOLUTION TO APPROVE THE CONDITIONAL USE OF THE PROPERTY LOCATED AT 1009 EAST 6TH STREET IN LAUREL FOR THE CONSTRUCTION AND OPERATION OF A UNION MEETING HALL AT SUCH ADDRESS WITHIN THE CITY OF LAUREL. WHEREAS, the application has been made to the City of Laurel by United Steelworkers Local 11-443 ("Union") for authorization to demolish and construct a new meeting hall at 1009 East 6th Street; and WHEREAS, the Union has continuously utilized the location and property as its union hall for meetings and other social events for a substantial number of years; and WHEREAS, the existing non -conforming use of the existing structure dates back to the 1920s and the structure now requires demolition and reconstruction; and WHEREAS, applicant Steve Jansma filed the application with the City on behalf of the Union and the application was reviewed by Staff and the City County Planning Board, sitting as the City's Zoning Commission; and WHEREAS, a public hearing was held by the Zoning Commission and no opposition to the application was received; and WHEREAS, the Zoning Commission recommends the City Council's approval of the Conditional Use Application subject to the conditions contained in the Staff Report which is attached hereto and incorporated herein; and WHEREAS, the City Council held a public hearing on November 10, 2020 and received public comment and input regarding the application. NOW THEREFORE the City Council of Laurel hereby adopts the recommendation of the Zoning Commission and hereby approves the proposed and continued conditional use for the property located at 1009 East 6th Street; and BE IT FURTHER RESOLVED, that such approval is subject to City Ordinances, Rules and applicable Regulations and the specific Conditions contained in the Staff Report which is adopted by the City Council and incorporated herein as part of this resolution. Introduced at a regular meeting of the City Council on November 10, 2020, by Council Member Klose. PASSED and APPROVED by the City Council of the City of Laurel this 100' day of November 2020. APPROVED by the Mayor this 10th day of November 2020. R20-77 United Steelworkers Local 11-443 Conditional Use Permitl009 East 6th Street CITY OF LAUREL C�;omafNelson__Mayor ATT Bethany Langve Cl rk asurer, Clerk -Treasurer Approved to f Sam Painter, Civil City Attorney R20-77 United Steelworkers Local 11-443 Conditional Use Permit 1009 East 6th Street �� ._�^ '�,._.. Y''a i f ,: .1 LAUREL CITY -COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City -County Planning Board / Zoning Commission FROM: Nicholas Altonaga, Planning Director RE: Conditional Use Permit — USW Local 11-443 DATE: October 28, 2020 A Conditional Land Use application was submitted by Steve Jansma on behalf of the United Steelworkers Local 11-443. USW Local 11-443 proposes to demolish the existing union meeting hall and construct a newly designed and updated structure in its place. An approval of a conditional land use is required to rebuild and continue the use of the site as a union meeting hall because this use is not described or defined within the zoning district it resides in. Owner: Pace Pioneer Local 8-443 Legal Description: NUTTING SUBD, S10, T02 S, R24 E, BLOCK 6, Lot 13 - 24 Address: 1009 East 6th Street Parcel Size: 42,000 sqft. Existing Land Use: Union Meeting Hall Proposed Land Use: Union Meeting Hall Existing Zoning: Residential Limited Multi -Family • Resolution 13-50 was approved on August 6, 2013 which granted a three-year window for the Union to enlarge, update, and reconstruct the existing Union Hall which was then classified as a nonconforming use within the RLMF zoning district. • Planning Director met with the Applicant on September 9, 2020 to review the application form and required documentation. • Planning Director met with the Applicant on September 23, 2020 to receive the Application Fee and conceptual design images of the proposed conditional use. • A public hearing for the Conditional Land Use took place at the October 21, 2020 Planning Board meeting. • The Planning Board voted on October 21, 2020 to approve the Conditional Land Use application with the suggested staff conditions. • A public hearing for the Conditional Land Use has been placed on the November 10, 2020 City Council meeting agenda. • The public hearing requirements of 1762.030 have been met. The Applicant is requesting approval of a conditional land use to reconstruct and operate a union meeting hall on the property of 1009 East 6th Street in Laurel. This use is not specifically delineated or defined within Chapter 17 of the Laurel Municipal Code. As such, a Conditional Land Use Application was required to conduct the proposed rebuild of the site and continue to operate the property as its existing use as a union meeting hall. The following findings have been noted by the Planning Department after reviewing the Conditional Land Use application and supplementary documents. • USW Local 11-443 has operated a union hall at 1009 E 6th Street for many years without an interruption in its use. • The long-term operation of the union meeting hall at 1009 East 6th Street has had little to no known impact on the quality of life of surrounding residents. • The reconstruction of the union meeting hall will include improved paved parking areas and landscaping. • The current meeting hall building dates back to the 1920s and is in dire need of repairs. • The current Union Hall building would require significant repairs and revitalization to continue functioning as it stands. • The current Union Hall building and associated parking areas and landscaping are not aesthetically pleasing. • The current use of the building and its lack of definition under the LMC as a union hall does not allow the Union to perform improvements or upgrades to the site. • The Applicant has prepared conceptual plans to include adequate access and off-street parking. • The demolition of the current structure and proposed new union meeting hall will include updated landscaping and parking on site. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA: "17.62.020 — Requirements" contains the review criteria for the Zoning Commission to discuss and recommend actions on conditional land uses. The text of this subchapter is included below. No structure or land use may be used for any purpose other than those allowed within a zoning district as specified in the zoning ordinance unless either a variance has been granted (under Chapter 17.60 or 17.64 of this code) or a conditional land use permit therefor has been provided. The zoning commission may recommend and the city can require any information that will allow the decision makers to comprehensively evaluate and decide on applications for conditional uses brought before them. The zoning commission may recommend and the city can require, after consideration of the application for conditional use, those conditions under which such land use may be allowed to include but not be necessarily limited to the following: A. Adequate ingress and egress with concern for vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access as reviewed and approved by the city public works director; B. Adequate off-street parking and loading with attention to vehicular and pedestrian safety and traffic flow; C. Conditions that control, specify, or plan for the generation of odors, noise, hours of operation, signage, or impact on the neighborhood of natural systems; D. Adequate landscaping, screening, mitigation of impact on adjacent property and buffering; and E. Compatibility with adjacent and neighborhood land uses and Laurel's GMP. The Planning Director recommends the approval of the Conditional Land Use application to operate a union meeting hall at 1009 East 6th Street in Laurel. The Planning Director suggests the Planning Board/Zoning Commission and City Council consider the following conditions of approval. Condition seven (7) was added by request of Planning Board members and the applicant was notified of this new condition. 1. No land uses shall be established on site that are not specifically included in this approval. 2. Any land use not specifically included in this approval shall be considered a violation of the City of Laurel zoning ordinance. 3. New construction regarding the approved conditional use shall apply for building permits when applicable. 4. The approved land use shall comply with the zoning requirements of the district the property falls within. 5. The approved land use shall comply to the City of Laurel Sign Code 6. The approved land use shall comply with the City of Laurel off-street parking requirements 7. Landowner will work with the city if noise abatement becomes an issue for the surrounding neighborhood 1. Conditional Land Use Application 2. Map of 1009 E 6`h Street with 150ft buffer 3. List of property Owners within 150ft of 1009 East 6th Street 4. Public Hearing Notice 5. USW Union Hall Concept Plan 6. USW Union Hall Concept Image 7. LMC 17.16 — Residential Districts 8. LMC 17.62 —Conditional Land Uses 9. Resolution R13-50 AGENDA f1 CITY OF LAUREL p nn R E CITY/COUNTY PLANNING BOARD U WEDNESDAY, OCTOBER 21, 2020 5:35 PM LAUREL CITY COUNCIL CHAMBERS 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. 1. Roll Call The Chair called the meeting to order at: 5:35PM Evan Bruce Roger Giese Dan Koch Jon Klasna Judy Goldsby Nick Altonaga (City of Laurel) Ron Benner (arrived at 5:40PM) General Items 1. Public Hearing: USW Conditional Land Use for 1009 East 6th Street The Chair moved the USW Conditional Land Use Public Hearing to the front of the agenda. The chair opened the public hearing and asked the Planning Director to present the item. The Planning Director presented the items included in the agenda packet and summarized the situation and department findings. The Chair called for proponents. Steve Jansma, 2618 North Ramshorn Laurel, MT 59044 Mr. Jansma acted as a representative for the USW on the project. He provided additional information on the building and the situation. The building dates back to the 1920s. They are looking to reconstruct the building. We had previously gone through the neighborhood in 2013 and got signatures and approvals but were not able to make the time frame for the reconstruction. The design provided in the packet is very close to what they are hoping to finish at that time. Keith Crookston, 3719 West Old Highway 10. Local Union President. I think its been 10-15 years since the city came in and basically condemned the building. The building is not handicapped accessible, no means of egress, and prior to that we used to rent that hall out on a consistent basis for events but after that instruction by the city came out we basically could not do that. It will give the city a nice building where those kinds of things can be held. We did that in the past and we are looking forward to doing it again. It will look nice and be a nice addition to the community. The chair called for proponents. None came forward. The chair called for proponents. None came forward. The chair called for opponents. None came forward. The chair called for opponents. None came forward. The chair called for opponents. None came forward. The Chair closed the Public Hearing. Planning Board members discussed the situation. Ron: On the design, are there any plans for noise abatement for any evening events? Keith Crookston: we normally have allowed for events during the daytime hours, but years ago no one ever had made complaints about the activities. Since 2013 there has been more construction and residences created. Ron: At other union meeting halls they have basically functioned as a private bar, will that be the case here? Keith Crookston: there will be no regular bar function. There is alcohol served at union meetings but not like that. For many years there was not a problem with noise or alcohol with the surrounding neighborhood. Judy: Was here in 2013, the parking was on the north side of the building, how will this work? Keith Crookston: The new building will be built to the north of the existing building, plan to demolish the existing building, and adapt that are into more parking. Dan: To go along with the abatement, would there be any fencing installed? Keith: Will think on that because we have had the same situation for many years without a fence present. Nick provided his suggested conditions for approval. These could include the possibility of abatement installed in the future. The Chair entertained a motion on the conditional land use. Dan motioned to approve the conditional land use with an additional condition that there will be noise abatement through fencing and/or visual guard. Ron seconded. Discussion took place on this motion. Keith Crookston: What is there now has been there for many years, and what we are required to do for more funds. Do not like to be mandated for something which may not be needed. Planning Director mentioned that the condition can be situational, not a mandate. Stated like: "Will work with the city if noise abatement becomes an issue for the surrounding neighborhood." Motion was amended to suite this situation. Dan Koch motioned to approve the conditional land use with an additional condition that the property owner will work with the city if noise abatement becomes an issue for the surrounding neighborhood. Ron Seconded. Motioned Carried. 2. Public Hearing: Variance for Street Continuity for the Proposed Goldberg Sporting Estates Subdivision The Chair opened the public hearing. The Chair directed the Planning Director to present the item. The Planning Director presented the Variance 1 items that were included in the agenda packet and summarized the situation and department findings and background in the staff report. Initial discussions by members took place on related but unaddressed issues stemming Evan: Would like to see the existing roadway (previously called Ponderosa) to be extended. Ron: What is south of the current Mulberry Avenue? The Planning Director reviewed the YC GIS and found an existing structure present on the lot south of Mulberry Ave. Jon: Question about extending the roadway. Ron: Getting through town is tough enough, and if they want it to be an isolated area, they need to know that there are already traffic and access problems. Traffic flow is a major concern. There is no good controlled access. Thinks it should align with Mulberry. Ron: If this realigns with Mulberry it could prompt new development for E 7a' Street. Evan: Have read that the winding roads of a subdivision have impacted emergency response vehicles. Kind of disagree with some points in the staff report. The Chair opened the floor to public comment. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for opponents. Ed Onaszko —1602 E 8th Street, Adjacent property owner. I know that people are going to want to develop this property. Our main concern is the safety of that size of a development. Dr. Benner brought up the traffic amounts coupled now with Regal trailer court. This could be 300+ vehicles added to the roadway. How will the traffic pattern change along E 8th and the surrounding roadways? I have been there for 40 years and have seen the area change. This planned subdivision will bring in more children. Safety is a concern for all of us. It doesn't seem like it will impact me or my property other than the traffic. And what is going to happen to East 8th to accommodate that traffic? The Middle School is west down East 8th street. Will sidewalks and road be redeveloped all the way down to the school? With the increase in traffic lately, cars move 40-60 miles an hour. We are concerned about that. The Planning Director responded to the comment. As properties along East 8th Street annex into the city and develop or are redeveloped, they will be required to bring the adjacent roadway and pedestrian areas up to city standards. This includes curbing, gutter, sidewalks. Dan: Eleanor Roosevelt portion is considered a trail in some sources, and no one even knows the specifics. The East 8th street portions need to be figured out and established. We need to establish the routes of East 8th and Eleanor Roosevelt and figure out how to access those lots before we go further with that. Can we hold off on this until the city or developer can figure out the situation? The Planning Director responded to the comment. The developer/owner has previously provided a title report on the segment of roadway that is immediately near the proposed subdivision. This area is where we should focus on for these discussions. Ed Onaszko: It might be advantageous to have a straight shot into the subdivision which would alleviate some of the pressure off of East 81h Street. Board members discussed how this redesign could be a better solution to traffic flow. The Chair asked for opponents. None came forward. The Chair asked for opponents. None came forward. The Planning Director provided a summary of the departments and the board's decision-making and suggested conditions. Since there is no further public comment, the Chair closed the public hearing The Board had additional thoughts on the variance application. Roger: What I find disturbing is that they have submitted this 3 times, and none of the parties have been here at the hearings to provide additional information. I have questions I want to ask them, but they aren't here. It shows a bit of disrespect for the board. And this is a big project, its not just a couple of houses. Roger suggested the Board move forward with a motion. Roger Motioned to deny the variance request for Street Continuity with the staff recommendations as discussed. Jon Seconded Motion Carried. Ron added one more point to the discussion: The idea and concept is good, but the street alignment needs to happen, for both Krieghoff and towards the corner near East Main Street. 3. Public Hearing: Variances for Roadway Widths and Right -of -Way Dedication for the Proposed Goldberg Sporting Estates Subdivision The Chair opened the public hearing. The Chair directed the Planning Director to present the item. The Planning Director presented the Variance 2 and Variance 3 items that were included in the agenda packet and summarized the situation and department findings and background in the staff report. The two variances involve right-of-way widths and right-of-way dedication. Planning Board members had minor questions about the situation, with clarifications needed for items presented in the Staff Report. The Chair opened the floor for public comment. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. The Chair directed the Planning Director to respond to any responses. With there being no public comment or board questions, the Chair closed the public hearing. Ron motioned to deny the variance applications for right-of-way widths and right-of-way dedication with the recommended staff conditions. Dan Seconded. Roger Seconded Motion Carried. 4. Public Hearing: Growth Management Policy Review and Approval The Chair opened the public hearing on the Growth Policy review and approval. Chair directed the planner to present the item. The Planning Director presented the current draft of the plan. This is much the same as the recent meetings, with slight changes. There are some alternations needed prior to finalization at City Council. These will be worked out between the Planning Director and the city contractors at KLJ Inc. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. With there being no proponents or opponents present or questions from board members, the Chair closed the public hearing. Ron Motioned to approve the Laurel 2020 Growth Management Policy with amendments to be completed prior to City Council approval. Evan Seconded. Motion Carried. New Business 5. Approve Meeting Minutes: September 16, 2020 Ron Motioned to approve the meeting minutes from September 16, 2020. Evan Seconded. Motion Carried. Old Business Other Items 6. Meeting Scheduling: Officially set for 3rd Wednesday Nick presented the current schedule of meetings. The board will need to officially vote to change it to 3`d Wednesdays of each month. Evan Motioned to have the official meeting date of Planning Board be the 3`a Wednesday of the month. Jon Seconded. Motion Carried. Discussion on Regal debris and trash and fencing that doesn't allow kids to get soccer balls. Jon asked about the 8a' Avenue affordable housing. Nick presented the update that It was just recently approved for funding. Announcements 7. Next Meeting: November 18, 2020 Roger moved to adjourn Jon Klasna 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. 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PUBLIC HEARING NOTICE The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a conditional land use application submitted by Steve Jansma of United Steel Workers 11-443 for operating a Union Hall at 1009 East 6th Street Laurel, MT which is zoned Residential Limited Multi -Family (RLMF). The Zoning Commission hearing is scheduled for 5:35 P.M., in the City Council Chambers at City Hall, 115 West 1st Street Laurel, Montana, on Wednesday, October 21, 2020. Additionally, the City Council has scheduled a public hearing and consideration of approval for the conditional use. The City Council hearing is scheduled for 6.30 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Tuesday, November 10, 2020. The United Steel Workers Local has maintained the union hall at 1009 East 6th Street for many years. They have proposed to demolish and replace the aging building currently on site with an up-to-date building with improved facilities. Union Halls and other meeting halls are not described in Chapter 17.16 — Residential Districts. This lack of description requires a conditional land use permit to be approved prior to any demolition and construction activities to develop a new facility for future use. The conditional land use permitting process is intended to provide a detailed and comprehensive review of the proposed use and ensure that the interest of the public, the community, and surrounding neighborhood are protected. Conditional uses that are granted by the city are site specific and run with the land. Land use changes not specifically included in the approval of the conditional use are a violation of the city zoning ordinance. Public comment is encouraged and can be provided in person at the public hearings on October 21St and November 101h. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 1St Street Laurel, MT 59044. A copy of the conditional use application and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5, or via email at cityplanner@laurel.mt.gov. PUBLIC HEARING NOTICE The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a conditional land use application submitted by Steve Jansma of United Steel Workers 11-443 for operating a Union Hall at 1009 East 6th Street Laurel, MT which is zoned Residential Limited Multi -Family (RLMF). The Zoning Commission hearing is scheduled for 535 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Wednesday, October 21, 2020. Additionally, the City Council has scheduled a public hearing and consideration of approval for the conditional use. The City Council hearing is scheduled for 630 P.M., in the City Council Chambers at City Hall, 115 West 1st Street Laurel, Montana, on Tuesday, November 10, 2020. The United Steel Workers Local has maintained the union hall at 1009 East 6th Street for many years. They have proposed to demolish and replace the aging building currently on site with an up-to-date building with improved facilities. Union Halls and other meeting halls are not described in Chapter 17.16 — Residential Districts. This lack of description requires a conditional land use permit to be approved prior to any demolition and construction activities to develop a new facility for future use. The conditional land use permitting process is intended to provide a detailed and comprehensive review of the proposed use and ensure that the interest of the public, the community, and surrounding neighborhood are protected. Conditional uses that are granted by the city are site specific and run with the land. Land use changes not specifically included in the approval of the conditional use are a violation of the city zoning ordinance. Public comment is encouraged and can be provided in person at the public hearings on October 21St and November 10th. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 1st Street Laurel, MT 59044. A copy of the conditional use application and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5, or via email at cityplanner@laurel.mt.gov. w evY III III III III III III III III III III III III III a a g L C O i LL U c e. •- _ L: ti O O m O OI y d N n 3 N T O O O O N O) Or C A y O J v E ti O III LL LL V1 } Q. (!J N W J LL< W IVB I_ n �• ❑❑❑�❑❑❑❑❑❑❑n❑Ci I{. �, CL +9 rn 1` w evY III III III III III III III III III III III III III a a g L C O i LL U c e. •- _ L: ti O O m O OI y d N n 3 N T O O O O N O) Or C A y O J v E ti O III LL LL V1 } Q. (!J N W J LL< W IVB I_ n �• ❑❑❑�❑❑❑❑❑❑❑n❑Ci I{. �, CL +9 rn RESOLUTION NO. R13-50 A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY'S NONCONFORMING USE REGULATION. WHEREAS, LMC 17.56.030 states that no building used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered; and WHEREAS, the owners of property located at 1009 East 6`h Street seek a variance to tear down the current structure and reconstruct a new building at the present location due to the building's dilapidated condition; and WHEREAS, the owners submitted their request for a variance to the Laurel -Yellowstone City -County Planning Board. The Planning Board held a public hearing on the matter no protests were heard; and WHEREAS, the Laurel -Yellowstone City -County Planning Board considered all of the documentary evidence in the applicant's file and the testimony of the owners and recommends the approval of the variance, subject to the following conditions: 1. The variance shall be good for three years from approval on unimproved property. 2. The applicant shall apply for a building permit. 3. Property shall be kept free of noxious weeds. 4. All storm water must be kept on site. WHEREAS, the City Council held a public hearing concerning this matter on August 6, 2013. No objections were noted or received into the record. WHEREAS, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City of Laurel to allow the variance since: 1. granting the variance in this case relates only to a special condition that is specific to the applicant; 2. the current hardship was not created by the applicant; 3. the variance requested appears to be within the spirit, intent and purpose of the zoning regulations; and 4. granting the variance will not injure or result in an injustice to others. NOW THEREFORE, BE IT RESOLVED that the owner's request for a variance from the nonconforming use zoning requirement is hereby approved for the property located at 1009 East 6" Street. BE IT FURTHER RESOLVED, that the variance is site specific to this address, and the variance granted herein is subject to the four conditions listed herein. R13-50 Variance Request 1009 East 6`s Street Introduced at a regular meeting of the City Council on August 6, 2013, by Council Member Poehls PASSED and APPROVED by the City Council of the City of Laurel, Montana this 6th day of August, 2013. APPROVED BY THE MAYOR this 6'h day of August, 2013. CITY OF LAUREL , enneth E. Olson, Jr.,/Mayor A` FEST: Shy Ewan, Clerk/Treasurer Ci R13-50 Variance Request 1009 East 6d' Street M U �II i O a O Z O w w Jl O a I Vl W U W C I a I I I F I I I Z I I I I w I I I I I I I I I I I I I I I I I ® I i I I I I 1 A 0090, I i I 000'r I I I I I 00 I I I J I I I I L _ I I I I I I I I I I 1 I ® I I I I 8 LL y I I I I I I I I I I I I I I I I I I I L_____________ ___1__________-__ I I I ® I I I I I I I I I __-_ LL