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HomeMy WebLinkAboutResolution No. R21-16RESOLUTION NO. R21-16 A RESOLUTION APPROVING ZONE CHANGES FOR BLOCK 7, LOTS 3-11 IRON HORSE STATION SUBDIVISION, PHASE II, AN ADDITION TO THE CITY OF LAUREL. WHEREAS, zone changes have been requested in the current zoning designation by the owner/developer of the herein described property that has been annexed into the City of Laurel; and WHEREAS, the requested zone changes are as follows: Block 7, Lots 3-11 shall be changed to Residential Multi -Family (RMF) while the current zoning for the remaining property shall remain unchanged; and WHEREAS, it is in the best interests of the residents of the City of Laurel to adopt this resolution thereby approving the proposed zoning changes to provide for an expanded, uniform, and orderly growth for the City; and WHEREAS, a public hearing was held by the City's Zoning Commission and the City Council and based on the evidence presented at the Public Hearings and documents submitted by Staff, the City Council has determined the requested zone changes are in the City's best interest as detailed in the City Records which are attached hereto and incorporated herein; and WHEREAS, the City Council hereby adopts the findings contained in the Zoning Commission Record as well as all items in the Council Record. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the zone changes requested by the property owner are hereby approved for Iron Horse Station Subdivision, Phase II as follows: Block 7, Lots 3-11 shall be changed to Residential Multi -Family (RMF) while the current zoning for the remaining property shall remain unchanged. Introduced at a regular meeting of the City Council on March 9, 2021, by Council Member Wilke. PASSED and APPROVED by the City Council of the City of Laurel this 91" day of March 2021. APPROVED by the Mayor this 91h day of March 2021. CITY OF LAUREL Thomas C. Nelson, Mayor R21-16 Zone Changes to Block 7, Lots 3-11, Iron Horse Station Subdivision, Phase II 4ST:angve, Clerk-Treasurer Approved as to form: Sam S. Pa' r, Civi orney R21-16 Zone Changes to Block 7, Lots 3-11, Iron Horse Station Subdivision, Phase II A PLANNING . r REPORTSTAFF TO: Laurel City -County Planning Board and Zoning Commission FROM: Nicholas Altonaga, Planning Director RE: Iron Horse Station Subdivision Zone Change DATE: February 12, 2021 The owner/develop of Iron Horse Station Subdivision has requested a zone change for a portion of the subdivision known as "Phase Two." The area requested for a zone change includes Lots 3-11, Block 7, of Phase Two of the Iron Horse Station Subdivision. This zone change was included in a settlement agreement made between the owner/developer of Iron Horse Station Subdivision and the City of Laurel. The owner/developer requests that Lots 3-11, Block 7 of the Iron Horse Station Subdivision be rezoned from Residential -6000 to Residential Multi -Family (RMF). This Zone Change is required as per the settlement agreement made between the Owner/Developer of Iron Horse Station Subdivision and the City of Laurel. Owner: Iron Horse Station LLC Legal Description: IRON HORSE STATION SUB, S09, T02 S, R24 E, BLOCK 7, Lot 3-10, (06) Address: 1110 Great Northern Road Parcel Size: 4 Acres Existing Land Use: Vacant Proposed Land Use: Multi -Family Residential use Existing Zoning: Residential 6000 Proposed Zoning: Residential Multi -Family • The Planning Director met with the Public Works Director and City Attorney to discuss the capacity and specifics of the zone change request in December, 2020. • The Zone Change is included in a settlement agreement between the owner/developer of the Iron Horse Station Subdivision and the City of Laurel. • The settlement agreement was approved by the City of Laurel on February 9, 2021. • The Zone Change application was prepared and submitted to the Laurel Planning Board for its February 17, 2021 meeting as part of the conditions of the settlement agreement. • A public hearing for the Zone Change application will be held on March 9, 2021 at the Laurel City Council. The Applicant is requesting a variance to Table LMC 17.16.020 which presents the zoning requirements for Residential districts. The RLMF zoning jurisdiction (which the CC district uses as the requirements for one and two-family dwellings) requires a minimum of 6,000sgft for a single dwelling unit. The Applicant seeks to split the property, creating two lots each with a single-family home. •d• The Applicant is requesting a zone change from Residential -6000 (R-6000) to Residential Multi -Family (RMF). ❖ The Zone Change shall be completed by March 15, 2021 as described in the settlement agreement between the owner/developer of Iron Horse Station Subdivision and the City of Laurel. ❖ The City of Laurel has the capacity to meet the flow/demand needs of the new zoning designation. ❖ The City of Laurel has a water line that runs through Lots 3-11, Block 7 of the subdivision. ❖ The public noticing requirements have been met. � ,.W INSI The zoning commission shall review and take action upon each application in accordance with the provisions of this chapter, and after a public hearing at which the application shall be presented to the zoning commission by the planning director together with his findings and conclusions on the matter. A report of the commission's recommendation and the planning director's findings and conclusions shall be submitted to the city council. A. The zoning commission shall make a recommendation to the city council to: 1. Deny the application for amendment to the official map; 2. Grant action on the application for a period not to exceed thirty days; 3. Delay action on the application for a period not to exceed thirty days; 4. Give reasons for the recommendation. B. The zoning commission shall adopt such rules and regulations for the conduct of public hearings and meetings, which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to vote on a matter in which he has an interest directly or indirectly. The Planning Director recommends that the Planning Board approve the zone change. The Planning Director has prepared drafted conditions of approval which are presented below. 1.The Owner/Developer shall comply with all the requirements of LIVICOapter 17.72 2. The Owner/Developer shall submit any and all applicable and necessary permits and fees for development ofthe parcels subject tothis zone change approval. 3. The Owner/Developer shall not install and/or operate any uses on parcels subject to this zone change which are not allowable under LK4CChapter 17.16. 1. Exhibit A. 2. Overhead Map with 3OOftbuffer 3. Iron Horse Station Subdivision plat (2OOS) 4. List ofAdjacent Property Owners 5. Public Hearing Notice 5. LK4C17.72—Amendments 7. LK1C l7.16— Residential Districts -1-1----i --- T y4 c it1..0 COLMADO T,, -TT -1 F-1-8 I LlI ogz AVEME YND IPIZIAV AWAW VWAW 1 4 � *cy - ,F, - L- 1 —4, "�d I !,txrm�� � L L� L -1 L I L, Ll - -J.,1 i A! 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Q gig - s1 4 f Hill f a s mgg r# ; As rs s #a �s x'• $$ r s g _... � .�r x: 3¢ g r sr�•a .. r S'�y��a t= ; '� �N`�� r$q'g �y«■�.3 �� m 1 � iF 4�' a� gs­24F, �� �rrl v 9 $a � An46. o�S �g$ :�'�'oS � awg'•S XS 9S�ds�4 Q:o�� 1 w$!5 -:i 510-1 11iS > ° ° r Sys g=Y•'� i :� ° § a. � � 15.1 03 SCOTT 1 CHESTER TRUST D02522 405 E 13TH ST LAUREL, MT 59044 EVANS, WAYNE & NORMAN & ESTHER P B01526 938 ARONSON AVE BILLINGS, MT 59105-2331 WOLLMAN, JUNTA JOYCE B01550 PO BOX 272 LAUREL, MT 59044-0272 BOUCHER, RONALD C & NATALIE L 803033 130 E 13TH ST LAUREL, MT 59044-1828 OLSON, WILTON B B03034 PO BOX 1116 LAUREL, MT 59044-1116 FRANK, TODD K B03035 350 E 13TH ST LAUREL, MT 59044 METZGER, G M & LORETTA B01558 215 E MARYLAND LN LAUREL, MT 59044-2123 MEADOWOOD APARTMENTS LP D02625 136 BURLINGTON AVE BILLINGS, MT 59101-6029 LOUCKS, DALE W B01543 201 E 12TH ST LAUREL, MT 59044 WAYNE, JOHNNY B01544 1115 MONTANA AVE LAUREL, MT 59044 MAGNUS, DARRELL D & MAYBELLE B01557 1131 COLORADO AVE LAUREL, MT 59044 WILMETH, MATTHEW K & SHERRY L B01547A B01555 B01554 801557 2110 CHATTO DRIVE BELGRADE, MT 59714 NUTTING DRAIN DISTRICT D02623 1366 CLARHILL RD LAUREL, MT 59044-8334 RESIDENTIAL SUPPORT SERVICES INC C14953 2110 OVERLAND AVE # 128 BILLINGS, MT 59102-6480 IRON HORSE STATION LLC C14955M PO BOX 80661 BILLINGS, MT 59108-0661 NESSAN, RICK D12716 2432 HOWARD AVE BILLINGS, MT 59102-4623 The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a zone change requested for parcels within Iron Horse Station Subdivision submitted by Representatives of Iron Horse Station LLC. The Zoning Commission hearing is scheduled for 5:35 P.M., in the Citic Council Chambers at City Hall, 115 West 1st Street Laurel, Montana, on Wednesday, February 17th, 2021. Additionally, the City Council has scheduled a public hearing for the consideration of the zone change request. 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. March 9th, 2021 The applicant is requesting a zone change from the R-6000 zoning district to Residential Multi -Family (RMF) for Lots 3 to 11, Block 7 of the Iron Horse Station Subdivision. The Residential -6000 district is intended to promote an area for a high, urban density, duplex residential environment on lots that are usually served by a public water and sewer system. The requested Residential Multi -Family (RMF) zoning is intended to provide a suitable residential environment for medium to high density residential dwellings, and to establish a buffer between residential and commercial areas. Public comment is encouraged and can be provided in person at the public hearings on February 17d' and March 9`h. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 15t Street Laurel, MT 59044. A copy of the zone change 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. 5302, or via email at cityplanner@laurel.mt.gov. Chapter 17.72 - AMENDMENTS Sections: 17.72.010 - Purpose of provisions. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the city council may amend, supplement, or change the regulations in this title, or the zoning boundaries or classification of property on the zoning map, as set forth in this chapter. (Prior code § 17.84.010) 17.72.020 - Amendment procedure. Amendments to the text of the title and/or changes in the zoning boundaries or classification of properties shown on the zoning map may be initiated by the city council on their own motion, or upon recommendation of the planning board but no amendment shall become effective unless it shall have been submitted to the zoning commission for review and recommendation. Before enacting an amendment to this title, the city council shall give public notice and hold a public hearing thereon. (Ord. 96-5 (part), 1996; prior code § 17.84.020 (part)) 17.72.025 - Amendment by private property owner. Amendments to the zoning boundaries or classification of property shown on the zoning map may be initiated by property owners of the land proposed to be rezoned, by the filing with the zoning commission secretary of a zoning change application, which application shall be provided by the zoning commission secretary, and accompanied by all other materials and data required in the application. (Ord. 0l -4 (part), 2001: Ord 96-5 (part), 1996; prior code § 17.84.020 (part)) 17.72.030 - Preapplication conference required. Persons or parties interested in submitting an application for a zoning change shall consult with the planning director and the building inspector, at a joint meeting, if possible, concerning a proposed zoning change, its relation to and effect upon the comprehensive plan, any applicable specific plans or any plans being prepared by the planning department, and whether the proposed change is in conformance with public necessity, convenience, general welfare and good zoning practice. (Prior code § 17.84.030) 17.72.040 -Application requirements. A. Unless initiated by the city council or planning board, all applications for official map amendments must be submitted by the owner of such property, the contract purchaser, or the authorized agent of the owner. An application for an amendment affecting the same property shall not be submitted more often than once every twelve months. The zoning change application shall contain the following information: 1. Name of applicant; 2. Mailing address; 3. Telephone number; 4. Accurate legal description of location; 5. Nature of zoning change requested; 6. Description of present land uses; 7. Description of adjacent land uses; 8. Statement of intended land use; 9. Statement concerning any expected effect upon the adjacent neighborhood; 10. Date of preapplication conference; 11. Names and addresses of adjacent property owners, within three hundred feet; 12. Signature of applicant; 13. Payment of all applicable fees. B. An application for amendment to the official map shall be made on or before five p.m. of the first day of the month preceding the date of the public hearing before the zoning commission. When the date of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m. C. An application for a zone change may not be withdrawn or amended after the legal advertising, as required by this section, has appeared for final public hearing before the city council. An applicant may be allowed to withdraw at the time of the zoning commission hearing by a majority vote of the members present without requiring council approval of the withdrawal and without prejudice with respect to the twelve month waiting period providing, however, that no application be allowed to be withdrawn more than once within the twelve month period after application shall have first been submitted. (Prior code § 17.84.040) 17.72.050 - Planning department evaluation responsibility. The planning director, upon receiving an application for rezoning of an area or a particular place of property shall do the following: A. Consult with other departments of the city or county to fully evaluate the impact of any zoning change upon public facilities and services including, but not limited to schools, drainage, traffic and related facilities; B. Study each application with reference to its appropriateness and effect on existing and proposed land use, and references to the comprehensive plan; C. In the case of a protest petition filed in the matter of any application for rezoning determine the validity of such petition; D. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel - Yellowstone city -county planning board at least fifteen days in advance of the time and place of the public hearing; E. Notify, by mail, the applicant or his authorized agent five days prior to the date of the public hearing of the time and place of such hearing; F. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the property subject to the rezoning; of the time, date, place of the public hearing and the existing and proposed classification. Further, he may notify property owners within a radius of more than three hundred feet if he determines that the proposed use of the property would have substantial environmental impact on surrounding land uses; G. The planning director shall report his findings and conclusions in writing to the zoning commission, which report shall be a matter of public record. (Ord. 014 (part), 2001; prior code § 17.84.050) 17.72.060 - Zoning commission action. A. The zoning commission shall review and take action upon each application in accordance with the provisions of this chapter, and after a public hearing at which the application shall be presented to the zoning commission by the planning director together with his findings and conclusions on the matter. A report of the commission's recommendation and the planning director's findings and conclusions shall be submitted to the city council. B. The zoning commission shall make a recommendation to the city council to: 1. Deny the application for amendment to the official map; 2. Grant action on the application for a period not to exceed thirty days; 3. Delay action on the application for a period not to exceed thirty days; 4. Give reasons for the recommendation. C. The zoning commission shall adopt such rules and regulations for the conduct of public hearings and meetings, which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to vote on a matter in which he has an interest directly or indirectly. (Prior code § 17.84.060) 17.72.070 - Public hearing—Notice required. A. Before taking action on an application for an amendment to the official map, and after presentation of the zoning commission's recommendation, the city council shall hold a public hearing on the application. B. The recommendations of the zoning commission shall be published twice in a newspaper of general circulation in the jurisdictional area of the Laurel -Yellowstone city -county planning board, and not less than fifteen days after the first publication of such notice, a final hearing shall be held at the next regular meeting of the city council. C. When such proposed amendment has been denied by the city council neither it nor one involving the same tract(s) shall be offered for adoption within one year after such denial. D. In case, however, of a valid protest petition against such change signed by the owners of twenty per centum or more either of the lot included in such proposed change, or of those immediately adjacent in the rear of extending one hundred fifty feet therefrom or of those adjacent on either side thereof within the same block, or of those directly opposite thereof extending one hundred fifty feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council. (Ord. 01-4 (part), 2001; prior code § 17.84.070) 17.16.010 - List of uses. Table 17.16.010 designates the special review (SR) and allowed uses (A) in residential districts. Table 17.16.010 RE 22,000 R 7,500 R 6,000 RLMF RMF RMH PUD SR RT Accessory building or use incidental to any permitted residential use customarily in connection with the principal building and located on the same land parcel as the permitted use A A A A A A A A Animals (see zoning district description for specifics) A Automobile parking in connection with a permitted residential use A A A A A A A A Bed and breakfast inn SR SR SR SR SR SR SR SR Boarding and lodging houses SR SR SR SR SR SR SR SR Cell towers (see Sections 17.21.020-17.21.040) Cemetery SR SR SR SR SR SR SR Childcare facilities Family day care home A A A A A A A A Group day care home A A A A A A A A Day care center SR SR SR SR SR SR SR SR Churches and other places of worship including parish house and Sunday school buildings SR SR SR SR SR SR A SR Communication towers (see Sections 17.21.020- 17.21.040) Community residential facilities serving eight or fewer persons A A A A A A A A Community residential facilities serving nine or more persons SR SR SR SR SR SR SR SR Orphanages and charitable institutions SR SR SR SR SR SR A SR Convents and rectories SR SR SR SR SR SR A SR Crop and tree farming, greenhouses, and truck gardening Day care facilities SR SR SR SR SR SR SR SR Kennels (noncommercial) A A A A A A A A Dwellings Single-family A A A A A A A A Two-family A A A A Multifamily A A A Manufactured homes Class A A Class B A Class C A Row Housing SR SR A Family day care homes A A A A A A A A Greenhouses for domestic uses A A A A A A A A Group day care homes A A A A A A A A Home occupations A A A A A A A A Parking, Public SR SR SR SR SR SR SR SR Parks, playgrounds, playfields, and golf courses community center buildings—operated by public agency, neighborhood or homeowners' associations A A A A A A A A Planned developments A Post -secondary school A A A A A A A A Preschool SR SR SR SR SR SR SR SR Public service installations SR SR SR SR SR SR SR SR Schools, commercial SR SR SR SR SR SR SR SR Schools, public elementary, junior and senior high schools A A A A A A A A Towers (see Sections 17.21.020-17.21.040) 17.16.020 - Zoning classified in districts. Zoning for residential districts is classified in and subject to the requirements of Table 17.16.020. Table 17.16.020 Zoning Requirements R R RLMF RMF RMH PUD SR RT 7,500 6,000 Minimum lot area per dwelling unit in square feet One unit 7,500 6,000 6,0001 6,0001 6,0003 See 5 acres 1 acre Two units 7,500 7,500 7,750 Chapter Three units 8,500 8,500 9,500 17.32 Four units 10,000 11,250 Five units 13,000 Six units or more Add 2,500 each additional unit Minimum yard — setback requirements (expressed in feet) and measured from public right-of-way Front 20 20 20 20 10 255 25 Side 5 54 54 54 5 55 5 Side adjacent to street 20 20 20 20 20 105 10 Rear 5 5 5 5 5 255 25 Maximum height for all 30 35 35 40 30 30 30 buildings Maximum lot coverage 30 30 40 45 40 15 30 (percentage) Minimum district size 2.07 2.07 2.07 2.07 2.07 20 5 (expressed in acres) 1 Row housing may be permitted to be constructed on 3,000 square foot lots if approved through the special review process. Z NA means not applicable 3 The requirements for the mobile homes contained herein relate only to a mobile home subdivision; see Chapter 17.44 of this code for the requirements for a mobile home park. 4 Zero side setbacks may be permitted if approved through the special review process. 5 All pens, coops, barns, stables, or permanent corrals shall be set back not less than 50 feet from any residence, public road, or water course, and any property line. MINUTES CITY OF ' CITY/COUNTY BOARD iWEDNESDAY,BR17,2021 5:35 PM CITY COUNCIL ., ' 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 Jon Klasna Gavin Williams Dan Koch Judy Goldsby General Items 2. Approve Meeting Minutes: January 20, 2021 Dan Motioned to approve the minutes from January 20, 2021 Evan Seconded. Motion Carried. 3. Public Hearing: Variance Request for 503 Fir Ave Nick provided the staff report and findings for the Variance request for 503 Fir Ave/1313 E. Main Street. The Chair called for Proponents. Zene Johnson —1908 9a' Street West, Billings, 59102. Sister of former owner (passed). Patti (prior owner) previously had wanted to split the lot and spoke with the Planning Department about this item years ago. Brian, Patti's son who inherited the property and his wife have two special needs children. Brian has to spend a lot of time with the children would like to split the lot because he does not want to be a landlord and manage a rental property. The parcel would then be put into the hands of someone able to take care of it. This would allow an owner who is somebody who could appreciate it. Judy: The owner lives at the 1313 E. Main house? • Yes he does. The Chair called for Proponents. The Chair called for Proponents. The Chair Called for Opponents. The Planning Director provided emails from two nearby property owners who object to the variance due to worries about a commercial dog kennel being established on the new lot. The Planning Director explained that these concerns are valid but any commercial kennel would need to go through the Special Review process at Planning Board and Council and would face questioning on its impacts to the neighborhood. The Chair Called for Opponents. The Chair Called for Opponents. Mike, the son of applicant Zene Johnson owns the dogs in question. He plans to move the dogs off premises once the variance request is approved. They have gone through permitting the dogs at the 503 Fir Ave house for now. Mike and his wife are temporarily living at the 503 Fir Ave home in order to remodel the house. Will move out once the variance takes place and the house is rehabilitated. Mike and his wife and dogs will be moving out ASAP. Evan: Parking for both residences? There is a garage attached to the 1313 E. Main St. home. Curb cut exists for 503 Fir Ave. Dan: Would the second lot be buildable? It already has an existing home that is being renovated. Judy provided background as to the 503 Fir Ave house that was previously used as a glass shop. Gavin Motioned to approve the variance with the conditions presented by the Planning Director and additional motion noted on the attached staff report. Dan Seconded. Motion Carried. The Chair closed the Public Hearing. 4. Public Hearing: Zone Change Request for Lots within the Iron Horse Station Subdivision Nick provided the summary of the situation for Planning Board. Nick provided answers to questions about access and density changes, details about the change. Jon: What will the parking situation be like? Most likely will be on -lot, similar to the duplexes. Members discussed access needs for the abandonment of Short Line Drive. Discussion of the adjacent right of way. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Opponents. Wilton Olson. Concerned about the density of the new houses as well as the closed nature of the agreement between the developer. Questioned the Planning Director's statement of agreeing with more density within the subdivision and that area of the city. The Chair called for Opponents. The Chair called for Opponents. Gavin motioned to approve the Zone Change for Iron Horse Station Subdivision as presented. Jon Seconded. Motion Carried. New Business 5. Sign Review: Sunlight Properties Members reviewed the design for the Sunlight Properties sign. Nick provided a color image version of the black and white image provided in the packet. Gavin motioned to approve the Sunlight Properties sign as designed and presented. Evan Seconded. Motion Carried. Old Business Other Items 6. Ongoing Projects Nick provided some details on ongoing projects within Laurel and its Planning and Zoning jurisdiction. ➢ Cherry Hills 3rd Filing ➢ Goldberg Sporting Estates ➢ Dyer PUD — 8'h Street ➢ 8`h Avenue ➢ Burger King Lot ➢ Zoning Code Update ➢ Zoning Jurisdiction Expansion Evan suggested that a new zoning code update include language banning certain refrigerants in new construction. Dan Wells — Regal Community Park? No updates on the situation yet. Nick will follow-up with Dan Wells Announcements 7. Adjourn Meeting The Chair adjourned the Meeting at 6:43PM. 8. Next Meeting: March 17, 2021 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