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HomeMy WebLinkAboutCouncil Workshop Minutes 03.02.2021MINUTES CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, MARCH 02, 2021 A Council Workshop was held in Council Chambers and called to order by Mayor Tom Nelson at 6:31 p.m. on March 02, 2021. COUNCIL MEMBERS PRESENT: _x Emelie Eaton x_ Heidi Sparks x Bruce McGee x Richard Herr x Scot Stokes x Iry Wilke x Richard Klose Don Nelson OTHERS PRESENT: Nick Altonaga, Planning Director Nathan Herman, Utility Plants Superintendent Matt Smith, KLJ Public Input: There were none. General Items Executive Review Resolution - A Resolution Declaring Certain City Property "Surplus" Available For Sale Or Trade To The Public Or Other Governmental Entities Or Vendors. Mayor Nelson stated that the Ambulance Director was unable to attend tonight's meeting as she is teaching a class. Recently the Ambulance got new cots. Their old cots need to be declared surplus so they can go up for auction. 2. Resolution - A Resolution Granting A Variance To The Minimum Lot Size Requirement For Property Located Within The City Of Laurel's Community Commercial Zoning District For Property Located At 503 Fir Avenue/1313 E. Main Street, Within The City Of Laurel. - PH 3.9.2021 Nick Altonaga, Planning Director, briefly reviewed the attached Staff report. It was questioned if both houses have separate utilities. Council noted that any shared utilities would need to be separated before variance at the property owner's expense. The Planning Director stated he believed the utilities were separate but that he would check on that. It was questioned how these lots would be addressed in the future. For instance, if one should have a house fire, would the property owner be able to rebuild? It was clarified they could rebuild in the same footprint within six months' time frame. Should any issues arose, they would be dealt with at that time. A size change would need another variance. Planning Board was concerned about the property becoming a commercial kennel. They would need a special review and come before Council for that to happen. The property owner is planning to move as soon as possible. The animals at the residence are licensed with the City. 3. Resolution - A Resolution Approving Zone Changes For Block 7, Lots 3-11 Iron Horse Station Subdivision, Phase II, An Addition To The City Of Laurel.- PH 3.9.2021 Nick Altonaga, Planning Director, briefly reviewed the attached Staff report. He stated this zone change is part of the settlement agreement Council approved at the last meeting. 4. Resolution - A Resolution Of The City Council Approving A Task Order For KLJ Engineering Inc. To Authorize Work On The Water Storage Tank Roof Recoat Project For The City Of Laurel. Nathan Herman, Utility Plants Superintendent, the coating is worn off the dome. There are areas worn down to the primer. The reservoir has not been recoated since the 1980s. The coating has been tested for lead. There is very little lead in the coating. They are just recoating the dome portion of the reservoir. Water will mess with the coating's ability to dry properly. The reservoir will be sandblasted to knock off any loose coating. They are not expecting much to come off. They have looked at the dome via a drone as it is not safe to send employees onto a curved surface to inspect the reservoir in person. The Contractor will go up and do an inspection before work begins. There are large patches where there is no coating on the roof. The coating will stop rust from occurring. It was questioned if there was rust at this time. It was clarified that there is no rust from what they are able to see at this time. They cannot see metal pealing up, but it has been over 20 years since it was recoated. It is due. The tank is in good shape; it just needs maintenance to ensure it stays in good condition. The inside of the tank needs to be relined but needs all the water out before doing that, looking to build a second reservoir. Council Issues 5. Discussion of any funding mechanisms that may expire for Fire, Police, and Ambulance Departments. Mayor Nelson stated that there were no funding sources that will be sunsetting. The Fire, Police, and Ambulance operate out of General Fund. The Fire Department has a CIP fund set up approximately 12 years ago. It was questioned if that CIP fund had an expiration date. It was clarified that it does not. 6. Ambulance Mill Levy Discussion The Emergency Services Committee Chair stated that they need more planning on the improvements the Ambulance Service needs. They were asking for Council's feelings on the mill levy. The Ambulance Services call volume increased, and the response rate was suffering. A partially paid department was implemented to increase the response rate. They currently have five employees and an Ambulance Director. The Ambulance Director recently compiled a report for the Mayor showing the response rate. They are doing a good job right now. However, we need to have a clear ask before moving forward with a mill levy. Those needs need to be identified and have the associated costs. Mayor Nelson stated that he hopes to bring forward someone to create a City-wide CIP Plan. Council agreed this would help identify the ask for the mill levy. It was further stated that other departments have needs as well, such as the Police have no private area to change. The firefighters have no lockers for their gears. Mayor Nelson stated he and the Planning Director are also looking at the zoning reach with the County. He is also exploring the option of establishing Ambulance Districts similar to Fire Districts. The County is making up 25% of the calls the Ambulance receives. The Ambulance Service receives approximately three calls per day. It is a well -used service. This is a growing area that will put more stress on the service. Other Items Review of Draft Council Agendas 7. Review of draft Council agenda for March 9, 2021. There were no suggested changes. Attendance at Upcoming Council Meeting All present will be in attendance. Announcements The Senior Center has been closed for onsite activities for the last year. On March 181h° they are opening the doors to limited seating for meals. They can service 24 people at a time. They still have the Meals on Wheels and pick-up options available. Park Board's next meeting is March 4th at 5:30 p.m. in Council Chambers. It was requested at the next Workshop there be a discussion about LMC 6.16.010. Also, discussion if Council is interested in granting a variance. The council workshop adjourned at 7:27 p.m. Respectfully suhL itted, Brittney Moorman Administrative Assistant NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. LAUREL CITY -COUNTY PLANNING DEPARTMENT STAFF +O+ TO: Laurel City -County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Johnson Variance Request for 503 Fir Ave DATE: February 12, 2021 A variance to the Laurel Municipal Code was requested by Zene Johnson on behalf of Brian Johnson for 503 Fir Avenue/ 1313 E. Main Street. The variance application form and justification letter were submitted on January 22, 2021. The variance requested pertains to the minimum lot size requirement for a single dwelling unit on an individual lot. 503 Fir Avenue/ 1313 E. Main Street contains two detached single-family dwellings. The Applicant would like to split the lot and sell one of the parcels, due to a lack of time and ability to maintain the second unit as a rental. The property is located within the Community Commercial (CC) zoning district. Single and two- family residences in the Community Commercial district follow the requirements of the Residential Limited Multi -Family district. A variance is required because the lots would not conform to the requirements of RLMF zoning. The district requires a minimum of 6,000sgft for a single dwelling unit. The lot is currently 10,593sgft, which is not enough area to accommodate two legal lots. Owner: Brian R. Johnson Legal Description: NUTTING SUBD, S10, T02 S, R24 E, BLOCK 14, Lot 10 -12, LESS 198' FOR TURN LANE (07) Address: 503 Fir Ave/1313 E. Main Street Parcel Size: 10,593 sqft Existing Land Use: Two Single Family Dwellings Proposed Land Use: Two Single Family Dwellings (separation of parcels) Existing Zoning: Community Commercial 1 • The Planning Director met with the Applicant in the Summer and Autumn of 2020 to discuss the situation and available options. • Variance Application submitted on January 22, 2021. • A Public Hearing is scheduled at the February 17, 2021 Planning Board meeting to receive public comment and vote on recommendations to be provided to City Council. • A Public Hearing is scheduled at the City Council meeting on March 9, 2021 to receive public comment and approve, approve with conditions, or deny the variance requests. 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. ❖ The Applicant has provided a justification letter regarding the Variance request. ❖ Parcel contains two single-family dwellings on a 10,593sgft lot. ❖ The current owner would like to split the lots and sell 503 Fir Avenue to someone who can provide proper attention and care to the property. •:+ The current owner of the parcel does not have the time and ability to maintain both dwelling units due to family obligations. Dividing the lot would create two lots that are approximately 5,296sgft in size. ❖ This lot size is roughly equivalent to many lots in the neighboring area. •:+ The property deeded approximately 200sgft of the lot to the Montana Department of Transportation in 2006 for additional right-of-way. +:+ The public noticing requirements have been met. The City -County Planning Board shall act as a zoning commission in order to recommend the boundaries of the various districts and appropriate regulations to be enforced. A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 2 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. The Planning Director recommends that the Planning Board approve the variance request. The Planning Director has prepared drafted conditions of approval which are presented below. 1. Division of the lots of 503 Fir Ave and 1313 E. Main Street will be filed within six (6) months of variance approval. 2. Lots shall be maintained in good condition. 3. All applicable permits and approvals for construction, driveway accesses, and other ingress and egress points shall be applied for. 4. No residential or commercial uses shall take place on the subject properties that are in violation of Chapter 17 of the Laurel Municipal Code. 5. No commercial kennel or other pet -related enterprise shall be established on the parcel. 1. Variance Application 2. Justification Letter 3. Concept Plan for lot division 4. Overhead map with 300ft buffer S. List of adjacent property owners 6. Public hearing notice 7. Bargain and Sale Deed (MDT) 8. LMC 17.16 — Residential Districts 9. LMC 17.20 — Commercial — Industrial Use Regulations C I @•7QNFd1CJl� Laurel Variance Request Application JAH 2 2 2023 This application covers appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. The undersigned owner or agent of the owner of the following described property requests a variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of Montana. 1. Name of property owner: .•-'��? A /V -10H-tYgnl�( Z. Name of Applicant if different from above: % N E .16 lily 3. Phone number of Applicant: ��� -Ii— 5 r % 42r 7 l 4. Street address and general location: _ 69 / ;F/E-;;7 z lYf'6. I �� •T• 5. Legal description of the property: N, U 7 /A7q E i4 !_ D 1 I j 6. Current Zoning: 17,'7A1- (i A-1 i Ly' 7. Provide a copy of covenants or deed restrictions on property. I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of process, and that the fee does not constitute a payment for a variance. I also understand I or my agent must appear at the hearing of this request before the Planning Board and all of the information presented by me is true and correct to the best of my knowledge. Signature of Applicant: Date of Submittal: January 15, 2021 RE: Laurel Municipal ..- Chapter 17.60.020 503 Fir — 1313 E. Main- Block 14, Lot 10, Nutting «. I am asking that a variance be granted for this property. My mother Patty Johnson, who was well known in Laurel having lived there for more than 30 years, died May 12, 2020. 1 subsequently inherited the property, which consists of two houses and a couple of storage sheds. My family now lives in the house at 1313 E. Main. It had been extensively remodeled after a fire 6 or 7 years ago and a car crashing into it 3 or 4 years ago. Therefore, it is a better fit for me, my wife and 3 small children. The house at 503 Fir has been used as a rental for many years and having a rental is something neither my wife nor I want or have time for. We have two special needs children and would like to split the property and sell the 503 Fir house to people who can devote time, attention and love to it. Because the lot is 10,953 sq ft, it would make the lots slightly under the regular 6,000 sq, ft« lots consistent with the area. However, there are several lots in the area smaller so this should be hopefully an acceptable variance. It would certainly make our lives a lot easier. That being the case, we respectfully request that you recommend this variance to the Laurel City Council. Thank you. Brian Johnson A L [—FY of y J00 m MONTANA RAIL LINK MONTANA RAIL LINK MONTANA RAIL LINK D13144C D13144C D13144C PO BOX 16624 PO BOX 16624 PO BOX 16624 MISSOULA, MT 59808-6624 MISSOULA, MT 59808-6624 MISSOULA, MT 59808-6624 THIEL, LARRY V TRUSTEE 800855 1328 RIDGE DR LAUREL, MT 59044-1816 HINES, MICHAEL B00854 504 FIR AVE LAUREL, MT 59044 ROMEE, MICHAEL P & JUDY ANN B00853 619 E STH ST LAUREL, MT 59044-2710 ATKINSON, RITA R B00852 510 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J 800851 518 FIR AVE LAUREL, MT 59044 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 SMITH, BRAD M B00849 524 FIR AVE LAUREL, MT 59044 THIEL, LARRY V TRUSTEE 800855 1328 RIDGE DR LAUREL, MT 59044-1816 HINES, MICHAEL B00854 504 FIR AVE LAUREL, MT 59044 ROMEE, MICHAEL P & JUDY ANN 800853 619E5TH ST LAUREL, MT 59044-2710 ATKINSON, RITA R B00852 510 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J B00851 518 FIR AVE LAUREL, MT 59044 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 SMITH, BRAD M 800849 524 FIR AVE LAUREL, MT 59044 THIEL, LARRY V TRUSTEE B00855 1328 RIDGE DR LAUREL, MT 59044-1816 HINES, MICHAEL 800854 504 FIR AVE LAUREL, MT59044 ROMEE, MICHAEL P & JUDY ANN B00853 619 E 5TH ST LAUREL, MT 59044-2710 ATKINSON, RITA R 800852 510 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J B00851 518 FIR AVE LAUREL, MT 59044 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 SMITH, BRAD M 800849 524 FIR AVE LAUREL, MT 59044 MEISNER, GLEN ALAN MEISNER, GLEN ALAN MEISNER, GLEN ALAN 800862 B00862 B00862 523 ELM AVE 523 ELM AVE 523 ELM AVE LAUREL, MT 59044 LAUREL, MT 59044 LAUREL, MT 59044 GIERKE, GUY W GIERKE, GUY W GIERKE, GUY W B00861 B00861 B00861 519 ELM AVE 519 ELM AVE 519 ELM AVE LAUREL, MT 59044 LAUREL, MT 59044 LAUREL, MT 59044 YODER, JOHN ARLEN 800860 513 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY B00859 509 ELM AVE LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY B00858 B00857 519 W 11TH ST LAUREL, MT 59044 FIECHTNER, BRIAN K B00856 4215 HILLCREST RD BILLINGS, MT 59101 SUMMERS, DIANE MARIE & DELORES SCHIED B00866 800865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 PAUL, JAMES 1 & RIKKI B00863 7263 FOLSOM RD BILLINGS, MT 59106-2536 GEORGE, MIKE R & STEPHANIE A B00871 1304 E 6TH ST LAUREL, MT 59044 YODER, JOHN ARLEN 800860 513 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY B00859 509 ELM AVE LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY B00858 B00857 519 W 11TH ST LAUREL, MT 59044 FIECHTNER, BRIAN K 800856 4215 HILLCREST RD BILLINGS, MT 59101 SUMMERS, DIANE MARIE & DELORES SCHIED 800866 B00865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 PAUL, JAMES 1 & RIKKI 800863 7263 FOLSOM RD BILLINGS, MT 59106-2536 GEORGE, MIKE R & STEPHANIE A B00871 1304 E 6TH ST LAUREL, MT 59044 YODER, JOHN ARLEN B00860 513 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY B00859 509 ELM AVE LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY B00858 B00857 519 W 11TH ST LAUREL, MT 59044 FIECHTNER, BRIAN K B00856 4215 HILLCREST RD BILLINGS, MT 59101 SUMMERS, DIANE MARIE & DELORES SCHIED B00866 B00865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 PAUL, JAMES 1 & RIKKI B00863 7263 FOLSOM RD BILLINGS, MT 59106-2536 GEORGE, MIKE R & STEPHANIE A B00871 1304 E 6TH ST LAUREL, MT 59044 HOLYCROSS, DAVID A & FLORENCE HOLYCROSS, DAVID A & FLORENCE HOLYCROSS, DAVID A & FLORENCE B00870 B00870 B00870 801 E 4TH ST 801 E 4TH ST 801 E 4TH ST LAUREL, MT 59044-2801 LAUREL, MT 59044-2801 LAUREL, MT 59044-2801 THURMAN, MITCHELL R THURMAN, MITCHELL R THURMAN, MITCHELL R B00869 B00869 B00869 515 FIR AVE 515 FIR AVE 515 FIR AVE LAUREL, MT 59044 LAUREL, MT 59044 LAUREL, MT 59044 GORDON, VIRGINIA F B00868 509 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD B00867 503 FIR AVE LAUREL, MT 59044 ARROYO SECO GROUP INC & B00873 7308 EL NIDO LA VERNE, CA 91750-1127 FRANCO, CAROL 800874 1404 E 6TH ST LAUREL, MT 59044 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 RATCLIFF, RANDALL C & RANA B00773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 GORDON, VIRGINIA F B00868 509 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD 800867 503 FIR AVE LAUREL, MT 59044 ARROYO SECO GROUP INC & B00873 7308 EL NIDD LA VERNE, CA 91750-1127 FRANCO,CAROL B00874 1404 E 6TH ST LAUREL, MT 59044 PROPRIEDAD LLC 800774 PO BOX 20853 BILLINGS, MT 59104-0853 RATCLIFF, RANDALL C & RANA B00773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 GORDON, VIRGINIA F 800868 509 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD B00867 503 FIR AVE LAUREL, MT 59044 ARROYO SECO GROUP INC & B00873 7308 EL NIDO LA VERNE, CA 91750-1127 FRANCO, CAROL B00874 1404 E 6TH ST LAUREL, MT 59044 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 RATCLIFF, RANDALL C & RANA 800773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 STOEBE, ROBIN RODNEY STOEBE, ROBIN RODNEY STOEBE, ROBIN RODNEY 1003055 1003055 1003055 4206 WATERFORD DR 4206 WATERFORD DR 4206 WATERFORD DR BILLINGS, MT 59106-1723 BILLINGS, MT 59106-1723 BILLINGS, MT 59106-1723 PUBLIC HEARING NOTICE The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a variance application submitted by Zene Johnson regarding the property at 503 Fir Ave for lot coverage requirements. 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, February 17th, 2021. Additionally, the City Council has scheduled a public hearing for the consideration of the variance 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 seeks to split the parcel at 503 Fir Avenue into two parcels. The lot is 10,953 square feet in size. This property is zoned Community Commercial (CC). The Community Commercial zoning district requires a minimum lot size of 6,000 square feet. The splitting of the lot into two parcels would create a nonconforming lot and is not allowable. The applicant requires a variance approval by the Laurel City Council to have a lot which conforms to Laurel City Code. It is the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest where a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship. Public comment is encouraged and can be provided in person at the public hearings on February 171 and March 91h. 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 variance 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. 5302, or via email at cituplanner@laurel.mt.gov. Montana Department of Transportation Right-of-way Bureau PO Box 201001 Helena, MT 69620-1001 ROWTormsVU521 IIII 429593 Pai;*! I of 3 IIIIIIIIII Bill 07 3110/2007 WIN Yollowttoft County BSD 33.00 State of Montana Department of Transportation Right -of -Way Bureau 2701 Prospect Avenue PO Box 201001 Helena, MIT 59620-1001 Project ID: HSIP 4-2(32)55 Parcel No.: 13 Designation: 2002 - TURN LANE - LAUREL Project No.: 5304-032 Bargain and Sale Deed Revised 9129M County: Yellowstone This Deed, made this 7*—* day of -71VAIG , 2001, in consideration of the sum of One Dollar ($1.00) and other good and vatuable consideration now paid, the receipt of which is acknowledged, witnesses that, Patricia A. Johnson 688 FiI Ave 44j- ^141 0 Laurel, MT 59044-2828 does hereby grant, bargain, sell and convey to the City of Laurel, Montana, the following - described real property: Parcel No. 13 on Montana Department of Transportation Project: HSIP 4-2(32)55, as shown on the Right -of -Way plan for said project recorded in the office, of the County Clerk and Recorder of Yellowstone County, Montana. Said parcel is also described as a tract of land in Lot 10, in Block 14, of Nutting Subdivision, in the City of Laurel, Yellowstone County, Montana, according to the official plat thereof, on file and of record in the office of the Clerk and Recorder of Yellowstone County, Montana, as shown by the shaded area on the plat, consisting of I sheet, attached hereto and made a part hereof, containing an area of 198 sq. ft., more or less. RW:D2:5304:p13:JC Page I of 2 342959 Pago: 2 of 3 llllllll�lll�lllll�ll�ll��llll3071iQ1200?W5ZA Yellowstone County 111150 33.00 Bargain And Sale Deed Parcel No.: 13 Project ID: HSIP 4-2(32)55 Designation: 2002 - TURN LANE - LAUREL Excepting *Pm and reserving to amirtter(a), ixwava,, all gas. 00 and minerals beneath the surface Of 9% above-described ;811 not be and conveyed 9s. together with the right to extract ft starts. Provided that In the exercise of such eight the surface thereof disbedInterfered with or damaged. This OXCOOOA and reservation does not Include sand, gravel and other road building materials, which are conveyed by this Deed, Fu excepting and reserving unto th's Grant0f(s), her hairs, successors and assigns. ON water, water dots, ditches, canels, kdgsftn Systems. existing or as relocated, if any, Including but not limited to, water stock or shares, d contracts and any and all Other` Indicia of water, water light and ditch ownership, or any interest bonds, ce &Gtft, described therein, save and except groundwater for the use, ber"t and Purposes of the Grantee(s), The Groni*r(s) further QxPressly waives and re#nQWshes an rights. as owner or successor in interest provided under law, for any Preh"noe to mPumhase an or 8 Portion Of this Pro ld e determined no tonger to be necessary purposes. Party shouR bdtifor hi rway To have and to hold the above-described and Co,wayed premises, with an the revs = heredita is and appurteriances thereto. Unto the City of Lrsk remainders, tenernents, aural, Montana, and to its successors and assigns forever. This Dead was executed an the date Of its last acknowledgment. State of M a -JrA sJ A County of Ye-4"tas",m)-, This instrument was acknowledged before rnis on -.70,0 7 -10o7 by reA (date) (Gran"( Notary Signature Una V19 1), �A (Seat) — Notary Printed Nam Notary Public for State of MOA1rAJ-+ Residing at A?ik-Lln%6Jf Mo -VM.-JA MY 0—nisslon Expires:4 r MAY I Ro*a — Statii of County of Me kistrument was admoviriedged before tris on (date) by Notary Signature Lif�� (seal) Notary Notary Public for State of Residing at — MY Commission Expires: Recording Infamatfon Page 2 of 2 3429593 ps": 3 of 2 INN111111IN11 U11mite"d CO.Aty w 33.00 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. s 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. 17.20.020 - Zoning classified in districts. Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020 (Prior code § 17.32.020) Zoning Requirements A RP* NC* CBD* CC* HC Ll HI P Lot area requirements in square feet, except as noted, 20 acres 20 acres NA NA NA NA NA NA NA NA Minimum yard requirements: Front (a) NA 20 20 NA 20 20 20 20 20 Side (b) 0 0 1 0 1 0 1 0 0 1 0 Side adjacent to street 10 10 10 10 10 10 10 Rear (b) 0 0 0 0 0 0 0 Maximum height for all buildings W NA 25 25 NA 25 45 70 NA NA Maximum lot coverage in percent NA 50 50 NA 50 75 75 75 50 Minimum district size (expressed in acres) 20 acres 2.07 2.07 2.07 2.07 2.07 2.07 2.07 NA (NA means not applicable) *The lot area, yard and lot coverage requirements for 1 and 2 single family dwellings in commercial zoning districts shall be the same as those in the RLMF residential zoning district. (a) Arterial setbacks (b) Side and rear yards (c) Except as provided in the airport zone (Ord. No. 0-14-03,8-5-2014) Laurel City Planner From: RITA ATKINSON <ritarose7l @msn.com> Sent: Sunday, February 14, 2021 7:30 PM To: Laurel City Planner Subject: Fw: Variance application for 503 Fir From: RITA ATKINSON Sent: Sunday, February 14, 20217:20 PM To: cityplanner@laurel.my.gov <cityplanner@laurel.my.gov> Subject: Variance application for 503 Fir I live at 510 Fir, across the street from this address. Although it has been zoned commercial for decades, I can see no reason for this variance. There are 2 residences on this lot. Exactly what commercial enterprise would be situated here? At the moment, there are 3 cars on what once was a lawn and 1 on the street that haven't moved in months. The small back yard is being used by large dogs that I believe is a breeding operation for a mix of Great Danes and German Shepards. There is usually between 4 to 8 large dogs and this fall also 3 puppies. There is now more chain link kennels and a shed in the back. The police have been called on these dogs numerous times for incessant barking and once for what appeared to be a deceased dog in the yard. The only thing that has changed since these calls are that the dogs are more restricted for space. If the variance is permitted, the lot gets even smaller. Having had German Shepards all of my life, this whole situation is so unfair to those dogs that I have considered calling the Humane Society and having them check to see if this breeding operation was reported in Nevada before it moved here to our neighborhood where everyone has a dog or even two, but they are never treated like this. Decades ago, when the back building was a glass shop, there was only one residence there and I do understand that when the shop was converted to a house, the commercial zoning was probably grandfathered in but at this point in time, it has created a hardship for everyone in this whole neighborhood. We have residents that work at night, but the dogs bark at all different times of the day and well into the evening. Sometimes they are quiet for hours and sometimes they bark for hours. I have always thought that in the city of Laurel, you could only have 3 dogs unless you have a kennel license. After all the calls to the police, and nothing being done about the number of dogs at that residence, is it being allowed for that reason? And if the parcel is split, can they double the amount of dogs and cars on the lawn?? If it were allowed, the parcel should go back to residential, there is no reason to have a commercial business on that lot. For this reason not only am I opposed to this variance, but vehemently opposed to this variance. Sincerely, Rita Atkinson 510 Fir Laurel, Mont. 1 Laurel 2x Planner From: Ron Bureau ^RDB 103@msnzom^ Sent: Sunday, February 7,2O21119PM To: Laurel City Planner Subject: Public hearing SU3Fir Ave. My husband and I are concerned with the idea of 503 Fir Ave being split into a nonconforming lot. Wehave lived at 518 Fir Ave for 26 years. Our concern is, dallowing the variance change to occur, will this permit the current residents to establish a commercial dog kennel. This property does not conform to the zoning district requirements. The splitting of the lot into two lots will create, as the City had pointed out, a non -conforming lot and is not allowable. We have no problem with the splitting of lot as long the variance states these lotsare toberesidential rather than commercial. Some ofour neighbors aswell asushave called the Laurel Police due to the constant noise from all the barking dogs. The barking goes onfor hours atatime, literally all day and night. This being aresidential area, will affect all residences within atwo-block area ifnot more. Atone point, Laurel had aCity Ordinance that permitted nomore than 3 dogs permitted atany one residence. 503 Fir Ave currently has approximately 10-11 dogs (that we have counted on a few occasions. The dogs are Great Dane and German Shepands).The barking is an annoyance for the current and future residents onFir Ave to have to deal Please decline the request for the variance change as stated in the notice toB03Fir Ave. Thank you. Sincerely, Ronald and Darla Bureau Get Outlook for Android LAURELCITY-COUNTY PLANNING DEPARTMENT STAFF REPORT 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, 509, 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. 1 • 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. ❖ 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. 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 LMC Chapter 17.72 2. The Owner/Developer shall submit any and all applicable and necessary permits and fees for development of the parcels subject to this 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 LMC Chapter 17.16. 1. Exhibit A. 2. Overhead Map with 300ft buffer 3. Iron Horse Station Subdivision plat (2005) 4. List of Adjacent Property Owners 5. Public Hearing Notice 6. LMC 17.72 —Amendments 7. LMC 17.16 — Residential Districts 3 z g -i 0 0 .a mz 0 a (j) �opM OZ rn Amo, a !U_ .4- 000 0 "am z 0 h e z 0 .4 0 Z ?r z� > m .... k z k % 'ITH ! H SCOTT J 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 B03033 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 801543 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 801555 B01554 B01557 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 PUBLIC HEARING NOTICE 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 City Council Chambers at City Hall. 115 West 1st Street, Laurel, Montana, on Wednesday, February 17`x', 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 91", 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 171 and March 91h. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West V 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 § 17.84.0 10) 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. 01-4 (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. 01-4 (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 j A j 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. 2 NA means not applicable s 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. s 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.