HomeMy WebLinkAboutResolution No. R22-67M��.YII1i11 IlT1]��(1�
RESOLUTION OF THE CITY COUNCIL APPP
SPECIAL REVIEW FOR THE PELICAN CA
ONSITE SALE AND CONSUMPTION OF ALCO
EXISTING STRUCTURE LOCATED AT 7011
LAUREL
ING AN APPLICATION FOR
LLC AUTHORIZING THE
L ON PREMISES, WITHIN AN
T MAIN STREET, CITY OF
WHEREAS, The Pelican Cafe, LLC (hereinaft r "Applicant"), submitted a Special
Review Application for the property located at 701 East Main Street, Laurel MT 59044, which
is currently zoned within the Laurel Central Business oning District (hereinafter "CBZD")
within the City of Laurel; and
WHEREAS, the Applicant seeks to provide for t e sale and consumption of alcohol on
its premises, within an existing structure located at 701 ast Main Street, Laurel MT 59044, to
be known as The Pelican C66, more particularly descri ed as Allard Subdivision, Lots 9 and
10, Block 27, Section 9, T. 2 S., R. 24 E., P.M.M., ity of Laurel, Yellowstone County,
Montana;
WHEREAS, the Applicant seeks such Special view pursuant to and anticipating its
purchase and transfer of an All -Beverage Liquor License presently held by Sonny O'Day, Inc.
with the State of Montana;
WHEREAS, the State of Montana Department of Revenue has placed a deadline of
November 19, 2022 for the transfer of the Sonny O'Day, Inc. All -Beverage Liquor License to
The Pelican C66;
WHEREAS, in order to complete the transfer of the All -Beverage Liquor License in a
timely manner, Public Notice and Hearing of the Special Review Application will need to be
waived, so that the City Council of the City of Laurel can approve/deny the Special Review
Application in a manner which allows appropriate action by the State of Montana Department
of Revenue;
WHEREAS, the Laurel Municipal Code and the §pecial Review procedures for the City
of Laurel allow waiver of extended public notice of Spe ial Review Applications;
WHEREAS, the Laurel Municipal Code authorizes such action upon City Council
approval through the Special Review Procedure; and
WHEREAS, the Applicant submitted an Applic tion for Special Review to the Laurel -
Yellowstone City -County Planning Board (acting as the Zoning Commission) for review and
consideration. The Planning Board (acting as the Zonin), Commission) considered this matter
on October 19, 2022 and recommends the City Council's approval of the Application for
Special Review, subject to the following conditions:
R22-67 Special Review for The Pelican Cafe, 701 East Main Street` Laurel MT 59044
1. Any applicable permits, including but riot limited to building permits, sign
permits, and right-of-way permits mut be applied for within twelve (12)
months of the approval.
2. Construction of any improvements to the site and building must be completed
within twelve (12) months of approval c f the Application for Special Review.
Applicant may request an extension if necessary.
3. The operation of the business at the site shall not constitute a nuisance.
4. Any use of the property not specifically Iuded in this approval or allowable
within its underlying zoning district sha 1 be deemed a violation of the Laurel
Zoning Code.
5. Any subsequent use or change of use associated with this Application for
Special Review shall require Applicant to submit additional documentation to
the City of Laurel for subsequent processing and approval or denial.
WHEREAS, a public hearing was held on the 191 day of October, 2022 with the Zoning
Commission;
WHEREAS, the City Council of the City of
recommendation of the Zoning Commission, Staff re
gathered at the public hearing of the Zoning Commissi(
in the best interests of the residents of the City of Laurel
Review as provided in the Staff Report and Findings alta
conditions.
urel hereby finds, based upon the
mmendation, and public comment
(of which there was none), that it is
approve the Application for Special
-1d hereto, subject to the above stated
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the
Application for Special Review to allow the Applicant to provide for the sale and consumption
of alcohol on its premises, located at 701 East Main Street, Laurel MT 59044; and
BE IT FURTHER RESOLVED that the approval of the Application for Special Review
is site-specific to this address, and the approval granted herein is subject to the conditions listed
in this Resolution, the Staff Report, and all attachments hereto;
FINALLY, BE IT RESOLVED that the Appli
and all attachments thereto are hereby incorporated as
Introduced at a regular meeting of the City
Council Member Mize.
n for Special Review, Staff Report,
of this Resolution.
on the 25th day of October 2022, by
R22-67 Special Review for The Pelican Cafe, 701 East Main Street Laurel MT 59044
PASSED and APPROVED by the City Council of the City of Laurel the 25th day of
October 2022.
APPROVED by the Mayor the 25th day of October 2022.
OF LAUREL
Waggoner,
ATTEST:
®. -4•► '=
:e
St er, Clerk -Treasurer
�•
E :
.1�..I
APPROVED AS TO FORM:
'""'",,�`���t1� ••••�•''�,°��
IC9 01
t✓� cw
Michele L. Braukmann, Civil City Attorney
R22-67 Special Review for The Pelican Cafe, 701 East Main Street
Laurel MT 59044
CITY HALL
PUB. WORKS: 628-4796 City Of Laurel
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Sox 10
FAX 628-2241 Laurel, Montana 590,14
Office of the Director of Public
Works
INTRODUCTION
On Wednesday, September 28, 2022, Chad Page submitted a Special Review Application for onsite sales
and consumption of alcohol within the Laurel Central Business Zoning District CBZD The property
involved in the request is the Pelican Cafe, 701 East Main Street, and is described as Allard Subdivision
(Laurel) Lots 9 and 10, Block 27, Section 9, T. 2 S., R. 24 E., P. .M., City of Laurel, Yellowstone County,
Montana.
The project will be presented to the Laurel —Yellowstone City C unty Planning Board on October 19, 2022,
with a recommendation to the Laurel City Council for final decision in November.
PLANNER RESPONSIBILITY
A. Consult with other departments of the City or County to evaluate the impact of the special review
upon public facilities and services; ACCOMPLISHED
B. Study each application with reference to it appropriat ness and effect on existing and proposed
land use; and reference to the comprehensive plan; ACCOMPLISHED
C. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel —
Yellowstone City County Planning Board; ACCOMPLISHED
D. Notify by mail, the applicant or his agent at least five c ays prior to the date of the public hearing
of the date, time and place of such hearing; ACCOMPL SHED
E. Notify, by mail, all property owners within 300 feet of the exterior boundaries of the property
subject to the special review of the date, time and loca Jon of the public hearing; ACCOMPLISHED
F. After the public hearing and as part of the public re ord report findings and conclusions and
recommendations to the Zoning Commission.
STANDARD OF REVIEW Zoning Commission/City Council
➢ The request complies with the requirements of §17.68 040 of the City of Laurel Zoning;
➢ The request is consistent with the objectives and purpose of Title 17 of the Laurel Municipal Code;
➢ The proposed use is compatible with surrounding land use or is otherwise screened and separated
from adjacent land in such a way as to minimize adverse effects;
➢ The zoning commission shall consider and may impose modification or conditions concerning, but
not limited to:
o Street and road capacity,
o Ingress and egress to adjoining streets,
o Off-street parking,
o Fencing, screening and landscaping.
o Building bulk and location,
o Usable open space,
o Signs and lighting,
o Noise, vibration, air pollution and similar envir
VARIANCES REQUESTED
N/A. None Requested.
Recom
)nmental influences.
On October 19, 2022, the zoning commission held a public hearing to consider a special review for the
sale of onsite alcohol consumption at 701 E. Main Street for the Pelican Cafe. The zoning commission
chair opened the public hearing after the presentation and asked three times for proponents and for
which there were none. The chair then asked three times for opponents and for which there were none.
The chair closed the public hearing, and the matter was then taken up by the zoning commission. The
zoning commission considered the criteria for special review and evaluated all aspects pertinent for a
recommendation of approval to allow onsite alcohol sales at 7 1 E. Main Street.
It is the zoning commission's recommendation to allow the sal a of onsite consumptions of alcohol at 701
East Main Street and to consider the special review without holding another public hearing. The
requirement to hold or not hold a public hearing is the City Council's decision to make but due to the lack
of participation or comments for or against the special review, it was the zoning commission's
recommendation that public involvement was noticed, and the public decided not to participate.
CITY HALL
115 W. IST ST.
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
INTRODUCTION
City Of
P.O. Box 10
Laurel, Montana
On Wednesday, September 28, 2022, Chad Page submitted a
urel
Office of the Director of Public
Works
m for onsite sales
and consumption of alcohol within the Laurel Central Business Zoning District CBZD . The property
involved in the request is the Pelican Cafe, 701 East Main Street, and is described as Allard Subdivision
(Laurel) Lots 9 and 10, Block 27, Section 9, T. 2 S., R. 24 E., P M.M., City of Laurel, Yellowstone County,
Montana.
The project will be presented to the Laurel —Yellowstone City C unty Planning Board on October 19, 2022,
with a recommendation to the Laurel City Council for final dec sion in November.
PLANNER RESPONSIBILITY
A. Consult with other departments of the City or County t� evaluate the impact of the special review
upon public facilities and services; ACCOMPLISHED
B. Study each application with reference to it appropriateness and effect on existing and proposed
land use, and reference to the comprehensive plan; AgCOMPLISHED
C. Advertise twice in a newspaper of general circulatior in the jurisdictional area of the Laurel —
Yellowstone City County Planning Board; ACCOMPLISHED
D. Notify by mail, the applicant or his agent at least five c ays prior to the date of the public hearing
of the date, time and place of such hearing; ACCOMPL SHED
E. Notify, by mail, all property owners within 300 feet Of the exterior boundaries of the property
F.
subject to the special review of the date, time and
recommendations to the Zoning Commission.
STANDARD OF REVIEW Zoning Commission/City Council
➢ The request complies with the requirements of §17.6f
➢ The request is consistent with the objectives and purpc
➢ The proposed use is compatible with surrounding land
from adjacent land in such a way as to minimize adver
➢ The zoning commission shall consider and may impose
not limited to:
o Street and road capacity,
of the public hearing; ACCOMPLISHED
10 of the City of Laurel Zoning;
of Title 17 of the Laurel Municipal Code;
or is otherwise screened and separated
effects;
edification or conditions concerning, but
o Ingress and egress to adjoining streets,
o Off-street parking,
o Fencing, screening and landscaping.
o Building bulk and location,
o Usable open space,
o Signs and lighting,
o Noise, vibration, air pollution and similar envi onmental influences.
VARIANCES REQUESTED
N/A. None Requested.
CITY HALL;
115 W. 1ST 5T.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City of Laurel
P.O. Box 1.0
Laurel, Montana 590,14
Instructions for Special ReviewApplications
Office of the City Planner
Special "Review applications are reviewed by the Laurel City -County Planning Board, which acts
as the City Zoning Commission for Special Reviews. The Zoning Commission shall make a
recommendation to the Laurel City Council for final approval, approval with conditions, or
denial of the application. The City Council has the final authority to grant or deny application
requests.
F1
3.
4.
5.
6.
7.
8.
Applications must be received on or before the 1St of the month to be considered at the
following month's meeting.
Application forms and supporting documents must be completely filled out, printed
legibly or typed, with sufficient detail for the Zoning Commission and City. Council to
make a decision on the matter.
If new construction or a change in the use of the property is contemplated, building
and/or development plans shall be submitted with tie application.
Applications must be submitted to the Planning De artment with the applicable fee as
noted in the most recent Schedule of Fees.
A public hearing is required to be held for all Special Review applications.
The City will notify all property owners listed within the 300400t radius and a legal ad
will be published at least 15 days prior to the public hearing.
The Laurel Zoning Commission meets the 37a Wednesday of the month at 5:35PM at -the
Laurel City Council Chambers. The applicant or a representative of the applicant must be
present at thepublic hearing.
Recommendations of the Laurel City -County Plan ing Board shall be provided to the
Laurel City Council for their review and final Apprpval, Conditional Approval, or .Denail
of the application.
CITY HALL
115 W. IST ST.
PLANUNG: 628-4796
WATER OFC.: 628-7431
COURT': 61.8-1964
FAX 623-2241
C-11fty o
f La
P.O. Box 10
Laurel, Montana 59
Application. for Special
The undersigned as owner or agent of the following descr
Review as outlined in Chapter 17 of the Laurel Municipal
Applicant: Chad Page
M
Office of the City Planner
property requests a Special
Legal Description: Allard Subdivision Block 27Lot 9, S 09, T2S, R24E
General Address: 701 East Main Street
Owner of Tract: Chad Page
Mailing Address: 1960 Coyote Ridge Road North, Laurel, MT 59044-9489
Phone Number: 406-628-6683 (Pelican Cafe); 406 861-9987 (Mobile)
Email Address: jamiegrey@yahoo.com
General 'Description of the requested Special Review:
Onsite sale and consumption of alcohol
Time] inq_for development:
By or before November 19, 2022
Attachments:
X Site Map (printed on at least 11"x17" in paper size s
location of tracts in question)
X Site Plan (printed on at least 11"xl7" paper size inc
line dimensions, the location of proposed/existing structure:
service and refuse areas,.rrleans of ingress and egress, lands,
space areas, and latitude and longitude of the site.
X . Justification letter describing the special review req
X Map of all properties within 300 feet of the propert)
X List of the names and addresses of the, property owr
within 300 feet of the parcel under Special Review. (City st,
X Special Review fee as per Laurel Schedule of Fees.
Applicant Signature:,i�%'�
Date: September 26, 2020
dimensions, acreage and
iding: property boundaries and lot
off-street parking, site elevations,
iping, screening, signs and open.
and reasoning
and/or agents for all parcels
can assist with this process)
September 26, 2022
To Whom it May Concern:
In compliance with Laurel Municipal Code Chapter 17.68, this letter
Special Review to approve the Montana Department of Revenue's tr
Liquor License to The Pelican Cafe, LLC, for the service of alcohol.
attendant materials comprise a request for a
,r of the Sonny O'Day's, Inc., All -Beverage
Between Sonny O'Day's and The Pelican Cafe, and the Pelican's pred censors, nearly a century of service has been
provided to the residents of the greater -Laurel community and its visitors. By joining together these two long-established
businesses, The Pelican Cafe would offer a home -style, full-service res aurant, welcoming a family -friendly option for
Laurel residents, in addition to providing an attraction for visitors, making The Pelican Cafe a vital, active, and even more
integral part of the greater -Laurel community.
Sonny O'Day's All -Beverage license is the longest singly -owned liquot license in the State of Montana, and has been a
75 -year tradition in Laurel since 1947. The loss of this historic liquor li ense to Laurel would be immeasurable.
Because heritage and long-standing traditions are important in Laurel, a seek timely approval of this Special Request, to
ensure that Sonny O'Day's historic liquor license remains in Laurel, were Sonny and his wife, Carra, a much -beloved
grade -school teacher, raised their family and lived for over seven deca es. Without timely approval, Laurel no longer may
be home for the Sonny O'Day liquor license, and our community will h ve lost a valued piece of its heritage, as well as
the Sonny O'Day legacy.
The Montana Department of Revenue has placed a deadline of Novem er 19, 2022, for the Sonny O'Day All -Beverage
Liquor License either to be transferred to The Pelican Cafe; or, if the Special Request to The Pelican Cafe is denied, to be
sold through a competitive bidding process to another Montana city; or, to be forfeited.
Sonny O'Day's All -Beverage license has received Special Review ap]
approval be granted once more, so that Sonny's legacy may remain in
Thank you in advance for your consideration of this Special Request.
Laurel community.
Best regards,
Chad Page
Owner, The Pelican Cafe, LLC
Shelley Van Atta
Owner, Sonny O'Day, Inc.
in the past, and we ask that this same
l: his and his family's treasured home.
'e look forward to long and valued service in the
Property Owners within 3 0 ft. of The Pelicanafe �ut�z X0052 BO fi19A : QOZ.�
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Property Owners within 300 ft. of The
Owner name
MONTANA RAIL LINK
BEQUETTE PROPERTIES LLC
LAMBRECHT, JACOB C & TERRIE L
GOLDSBY, JUDITH ANN
O'LOUGHLIN, JAMES T & KAREN L
HICKS, SCOTT
LINSE, JUSTIN &
CHAPMAN, RAMONA J
BOBO, GARY & SHARON K
STEFFANICH, LEE & BETSY
PAGE, CHAD E
SUAZO FAMILY TRUST
ARROYO SECO GROUP INC
DEMARAY, ROGER D & KRISTINA R
SMITH, LANCE E & AMBER
FJELSTAD, NATHAN LANE & KATHERINE LEE
SCHRAUDNER, JORDAN & MICHELLE
VALLECIO JR, ALEX YAMANI
RODABOUGH, WENDY S
DAVIS, TERENCE A
LEKSEN, ALAN & SUSAN C
HARMON, PATRICK D & MATTHEW J
Tax Code
D13144
B01035
B01034
B01033
B01040
B01039A
B01039
B01038
B01037
B01036
B00492
B00491
B00489
B00497
B00496
B00495
B00494
B00493
B01044
B01043
B01042
B01041
Cafe
L gal Descriptioi Address
S09, T02 S, R24 I
LAUREL REALTY :601 E MAIN ST
LAUREL REALTY :613 E MAIN ST
LAUREL REALTY: 619 E MAIN ST
LA UREL REALTY: 12 IDAHO AVE
LA UREL REALTY: 16 IDAHO AVE
LA UREL REALTY :20 IDAHO AVE
LAUREL REALTY :17 WASHINGTON AVE
LAUREL REALTY :15 WASHINGTON AVE
LA UREL REALTY :13 WASHINGTON AVE
Al.LARD SUBD (L 701 E MAIN ST
Al.LARD SUBD (L 709 E MAIN ST
A LARD SUBD (L 711 E MAIN ST
A LARD SUBD (L 16 OHIO AVE
A LARD SUBD (L 20 OHIO AVE
A LARD SUBD (L 19 IDAHO AVE
A LARD SUBD (L 15 IDAHO AVE
Al.LARD SUBD (L 11 IDAHO AVE
LAUREL REALTY ; 605 E 4TH ST
LAUREL REALTY:609 E 4TH ST
LAUREL REALTY : 613 E 4TH ST
LAUREL REALTY: 619 E 4TH ST
9/23122,2:58 PM
Yellowstone County 'ftpertyTax Information
isciaimer: Not all fields are currently maintained.The
ppraisal/Assessment Office of any inaccuracies.
Owner lnformatio
Please notify the
,-'Please Note. Owner information is supplied by the Montana epartment of Revenue. To request updates
to addresses or other ownership information, please contact the DOR office at 896-4000. Records for the
current year will not be updated after tax bills have been sentout, so changes requested afteryou receive
your bill will appear only on next year's records.
Tax Code: B60492
Primary Party.
Primary Owner Name: PAGE, CHAD E
2022 Mailing Address: PAGE, CHAD E
Assessed Value Detail Tax
Class Code
2207 - Commercial City or Town L
3507 - Improvements on Commercial City or Town L
values shown for the, given tax year are for taxation purposes only.
:nue. For questions about these values, please contact the Montan
,e at.4064896=.4000.
Rural SID Payoff Inforr
NONE
Property Tax Billing H
Year 1st Half 2nd Half
2000 467.00 P 467,00 P
2001 514.04 P 514.04 P
2002 56146 P 563.45 P
ok: 27 Lot: 9
T02 S, R24 E, BLOCK 27, Lot 9 - 10;
rties.)
Jon
URBAN RENEWA TAXI (618.13
43,068.00
59,832.00
1,02,9.00.00
ar: 2021
Amount
(1:89%o Tax Rate) = $ 43,068.00
(1.89% Tax Rate) = $ 59,832.00.
Total = $ 1021900.00
iey are supplied by the Department of
Department of' Revenue, Appraisal/Assessment
1
story
Total
934.00
,028,.08
,126:91
htfos://www.vallowstonecountvmt.oavitreasurar/Pror)ertvSearchlcsanror).aso?Draoid=2278981 1/2
1960 COYOTE RIDGE RD N
LAUREL, MT 59044-9489
Property Address:
701 E MAIN ST
Township:
02 S Ranger 24 E Section: 0
Subdivision:
ALLARD SUBD (LAUREL) l
Full Legal:
ALS SUBD (LAUREL); S(
GeoCode:
03-0821-09-4-11-01-0000
show on Map (May not work for some newer
Property Assessment Info
Levy District: 7 TI LAi
Mills)
2021 Assessed Value .Sun
Assessed Land Value _ $
Assessed Building(s) Value = $
Total Assessed Value = $
Assessed Value Detail Tax
Class Code
2207 - Commercial City or Town L
3507 - Improvements on Commercial City or Town L
values shown for the, given tax year are for taxation purposes only.
:nue. For questions about these values, please contact the Montan
,e at.4064896=.4000.
Rural SID Payoff Inforr
NONE
Property Tax Billing H
Year 1st Half 2nd Half
2000 467.00 P 467,00 P
2001 514.04 P 514.04 P
2002 56146 P 563.45 P
ok: 27 Lot: 9
T02 S, R24 E, BLOCK 27, Lot 9 - 10;
rties.)
Jon
URBAN RENEWA TAXI (618.13
43,068.00
59,832.00
1,02,9.00.00
ar: 2021
Amount
(1:89%o Tax Rate) = $ 43,068.00
(1.89% Tax Rate) = $ 59,832.00.
Total = $ 1021900.00
iey are supplied by the Department of
Department of' Revenue, Appraisal/Assessment
1
story
Total
934.00
,028,.08
,126:91
htfos://www.vallowstonecountvmt.oavitreasurar/Pror)ertvSearchlcsanror).aso?Draoid=2278981 1/2
9/23/22,Z513
PM Yellowstone County Pr
perty Tax Information
2003 626.03 P 626.03 P
1,252.06
2004 718.17 P 718.17 P
1,436.34
2005 774.83 P 774.82 P
1,549.65
2006 791.37 P 791.35 P
1,582.72
2007 789.24 P 789.22 P
1,578.46
2008 781.64 P 781.60 P
1;563.24
2009 752.17 P 752.14 P
1,504.31
2010 774.84 P 774.83 P
1,549.67
2011 736.62 P 736.62 P
1,473.24
2012 721.85 P 721.84 P
1,443.69
2013 50.00 P 0.00
50.00
2013 679.67 P 679.65 P
1,359,32
2014.790.26 P 790.25 P
1,580.51
2015 732.84 P 732.82 P
1,465.66
2016 740.49 P 740.49 P
1,480,98
2017 774.70 P 774.69 P
1,549.39
2018 820.34 P 820.32 P
1,640.66
2019 767.69 P 767.66 P
1,535.35
2020 711.01 P 710.99 P
1,422.00
2021 809.41 P 809.40 P
1,618.81
(P) indicates paid tax
s..
Click on year for detail. Pay Taxes
Online
Jurisdictional Inform
tion
Commissioner Dist: 1 - John Ostlund' (R) School Aft
ndance Areas
Senate: 28 - 'Brad Molnar (M. High: L
UREL
House: 55 - Vince Ricci (R) Middle: LAUREL
Ward: 1 (LAUREL) Me= LAUREL
Emelie Kay Eaton
Heidi Sparks
Precinct: 55.4
Zoning: CBD-Central Business District
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ltegulati.ons
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Regulations
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Caunty Regulations
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MINUTES
CITY OF LA
CITY/COUNTY PLAT
WEDNESDAY, OCTA
The Chair, Judy Goldsby, called the meeting to order at 5
Present: Judy Goldsby (Chair), Richard Herr (via Phone),
Roger Giese
Others Present: Kurt Markegard, Public Works &
Administrative Assistant
Public Input:
There was none.
General Items
1. Approve Minutes of September 21, 2022
Motion by Roger to approve the City/County Planning Bc
seconded by Jon. There was no public comment or board
motion. All five board members present voted aye. Motic
New Business
2. Public Hearing: Zoning Commission Special
Street- Pelican Cafd
Chair Goldsby opened the public hearing and asked Staff
Kurt Markegard, Public Works & Planning Director, I
report.
Chair Goldsby opened the floor for public comment.
Chair Goldsby asked three (3) times if there were any
Chair Goldsby asked three (3) times if there were any
Chair Goldsby stated that he would not have Staff res.
Special Review for Pelican Cafe allowing
BOARD
19, 2022
p.m.
Williams, Jon Klasna, and
Director, Brittney Moorman,
rd minutes of September 21, 2022,
scussion. A vote was taken on the
carried 5-0.
for Alcohol Sales at 701 E. Main
present the item.
review the application and staff
There were none.
There were none.
to questions as there were none.
Sales at 701 E. Main Street
The board reviewed the special review process. Please seo attached handouts.
Public Works Director Markegard recommended to the
Council without a Public Hearing.
Motion by Gavin to recommend approval to Council for
Main Street without an additional Public Hearing by the
was no public comment.
It was questioned what hours alcohol would be served. It
hours of alcohol sales. The business owner clarified his h
that this matter move forward to
e consumption of alcohol at 701 E.
Council, seconded by Roger. There
clarified that the State restricts the
would remain the same.
A vote was taken on the motion. All five board members present voted aye. Motion carried 5-0.
4. Approval for a Pole sign permit for Chen's Express and City Brew
Per code, a property can have on Pole sign per lot advertifing what is in the building. This Pole
sign does comply with our code. The sign will be located ff South 11 Avenue. The developer
will do considerable landscaping around the sign; no variqnce will be needed.
Motion by Gavin to approve the Pole sign permit for Che ''s Express and City Brew, seconded by
Roger. There. was no public comment or board discussion A vote was taken on the motion. All
five board members present voted aye. Motion carried 54.
Old Business
The City is currently trying to hire a City Planner and has
position.
The City has hired a Building Inspector who will begin
Other Items
Announcements
The next City/County Planning Board will meet on N
would be gone during that meeting.
Prothman to advertise this
on October 31, 2022.
1601, and chair Goldsby stated she
Motion by Richard to cancel the City/County Planning Band meeting of November 16th,
seconded by Gavin. There was no public comment or bo d discussion. A vote was taken on the
motion. All five board members present voted aye. Motio carried 5-0.
Adjournment
Motion to adjourn meeting by Jon, seconded by Roger
discussion. A vote was taken on the motion. All five bi
carried 5-0.
;re was no public comment or board
members present voted aye. Motion
The meeting was adjourned at 6:25 p.m.
Respec submitted,
Brittney Moorm
Administrative Assistant
110119/22, 4:05 PM
Chapter 17.68 - SPECIAL REVIEW PROCEDURE
Sections:
17.68.010 - Purpose of provisions.
Laurel, MT Code of Ordinances
Although each zoning district is primarily intended for a
uses which may or may not be appropriate in a particular d
individual case. For example, the location, nature of the pr(
>minant type of use, there are a number of
: depending upon all the circumstances of the
d use, the character of the surrounding
development, traffic capacities of adjacent streets, and potentia environmental effects, all may indicate that
the circumstances of the development should be Individually reviewed. It is the intent of this section to
provide a system of review of such uses so that the community s assured that the uses are compatible with
their locations and with surrounding land uses, and will further he purpose of this title and the objectives of
the Laurel comprehensive planning process.
(Prior code § 17.88.010)
17.68.020 -Application requirements.
An application for a special review may be filed by the prope�y owner, contract purchaser, or his
authorized agent. The application shall be filed with the zoning commission secretary and shall be submitted
under the following conditions:
A. The application shall include, but not be limited to the following information:
1. A legal and general description of the tract(s) Ppon the special review use is sought;
2. A map showing the dimensions, acreage and location of the tract(s);
3. The name and addresses of the owner(s) of tl�lp tract(s) and their agents, if any and the
names and addresses of property owners of i
property for which a special review has been
be so certified by the county clerk and record
within three hundred feet of the
quested; such list of property owners shall
's office;
4. A site plan showing major details of the prop ed development including but not limited to,
the location of proposed and existing buildings and structures; off-street parking and
loading; service and refuse areas; means of i
signs and open space areas;
5. A time schedule for development;
-ess and egress; landscaping; screening;
6. Any other information the applicant believes ill support his request.
B. An application for a special review 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 su mittal shall be on the following day before
about:blank I I 1/3
, 10/19/22, 4:05 PM
five p.m.
(Ord. 94-15,1994; prior code § 17.88.020)
Laurel, MT Cooe of Ordinances
17.68.030 - Evaluation responsibility—Consultation—Notification.
The planning director, upon receiving an application for a
property shall do the following:
review of an area or a particular place of
A. Consult with other departments of the city or county to fully evaluate the impact of any special
review upon public facilities and services including, but not limited to schools, drainage, traffic
and related facilities;
B. Study each application with reference to its app
proposed land use, and references to the comp
C. Advertise twice in a newspaper of general circul
Yellowstone city -county planning board at least
the public hearing;
D. Notify, by mail, the applicant or his authorized a,
public hearing of the time and place of such hea
E. Notify, by mail, all property owners within three
property subject to the special review of the tim
existing and proposed classification. Further, he
more than three hundred feet if he determines 1
priateness and effect on existing and
hensive plan;
ion in the jurisdictional of the Laurel -
'teen days in advance of the time and place of
at least five days prior to the date of the
ndred feet of the exterior boundaries of the
date, place of the public hearing and the
tay notify property owners within a radius of
at the proposed use of the property would
have a substantial environmental impact on Burr unding land uses;
F. After the public hearing and as part of the public ecord, the planning director shall report his
findings, conclusions and recommendations to thea zoning commission.
(Ord. 94-16,1994; prior code § 17.88.030)
17.68.040 - Zoning commission action.
A. After presentation to the zoning commission of the roquest for special review by the applicant, the
zoning commission shall make a recommendation to he city council to:
1. Grant the application for special review,
2. Deny the application;
3. Delay action on the application for a period not t exceed thirty days; or
r
4. Grant the application subject to conditions and commendations and give the reasons
therefor.
B. Before approving a special review use, the zoning co�mission shall find that the contemplated
use(s):
about:blank 11 2/3
10/19/22, 4:05 PM
Laurel, MTC de of Ordinances
1. Complies with all requirements of this section;
2. Is consistent with the objectives and purposes of this title and the Laurel comprehensive
planning process;
3. Is compatible with surrounding land use or is oth rwise screened and separated from adjacent
land in such a way as to minimize adverse effects
4. Further the zoning commission shall consider an may impose modifications or conditions
concerning, but not limited to the following:
a. Street and road capacity,
b. Ingress and egress to adjoining streets,
c. Off-street parking,
d. Fencing, screening and landscaping,
e. Building bulk and location,
f. Usable open space,
g. Signs and lighting,
h. Noise, vibration, air pollution and similar
(Ord. 94-17,1994, Ord. 953,1989; prior code § 17.88.040)
17.68.050 - City council action.
A. Before taking action on an application for special rev
commission's report, the city council may hold a pub
B. The zoning commission may recommend to the cc
the event the city council holds its own public heal
recommendations of the zoning commission and t
shall both be published twice in the newspaper of
the Laurel -Yellowstone city -county planning board
days prior to the hearing.
(Ord. 94-18,1994; prior code § 17.88.050)
I influences.
u, and after presentation of the zoning
hearing on the application,
it whether to hold a public hearing or not. In
on the application; then the
notice of public hearing before the city council
�eral circulation in the jurisdictional area of
h the first publication being at least fifteen
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10119122, 3:57 PM
17.40.020 - Location specified.
Laurel, MT Coote of Ordinances
Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such
distance shall be in walking distance measured from the nearest point of parking facility to the nearest point
of the lot that such facility is required to serve. All such off-street parking shall be improved as required by
Sections 17.40.080 and 17.40.140.
A. For one- and two-family dwellings, off-street pai-1111 ing is required on the same building site
with the building it is required to serve.
B. For multiple dwellings, retirement homes, Iodgin and boardinghouses, etc., off-street
parking is required within the walking distance of one hundred feet.
C. For hospitals, sanitariums, convalescent homes,
ursing homes, rest homes, homes for the
aged and asylums, off-street parking is required
within six hundred feet for employees and
three hundred feet for visitors.
D. That portion of the city zoned central business dtrict
(CBD) shall not have any off-street
parking requirements; provided, however, that ttie
owners of expanded or new structures
must consider the off-street parking needs of th
it projects.
E. For uses other than those specified above, off-st
eet parking within four hundred feet is
required.
(Ord. 05-11, 2005; Ord. 927, 1987: Ord. 800 (part), 1985; prior code § 17.76.010(A))
The Laurel Zoning Commission will conduct a public hearing o� a Special Review for The Pelican Cafe on
property located at 701 E. Main Street, Laurel, Montana. Th hearing is scheduled for 5:35 p.m., or as
Council Chambers (1115 W.
Wednesday, October 19, 2022.
The specific property subject to the Special Review is describ
• Allard Subdivision Block 27 Lot 9, S 09, T2S, R24E
The use triggering the Special Review is a request for onsite
Laurel Central Business District (CBD)
In addition to the above items, the Zoning Commission/City
the Special Review Process:
➢ The request complies with the requirements of §17.6E
➢ The request is consistent with the objectives and purpc
➢ The proposed use is compatible with surrounding land
from adjacent land in such a way as to minimize adver
➢ The zoning commission shall consider and may impose
not limited to:
o Street and road capacity,
o Ingress and egress to adjoining streets,
o Off-street parking,
o Fencing, screening and landscaping.
o Building bulk and location,
o Usable open space,
o Signs and lighting,
o Noise, vibration, air pollution and similar envir
A copy of the Special Review application and supporting mate
City Hall during regular business hours. Questions may be dir(
at (406) 628-4796 ext. 5305 or kmarkeeard@laurel.mt.gov . P
The City of Laurel is committed to open and transparent
making processes. Public comment is encouraged.
Publish September 30 and October 7, 2022.
as:
le and consumption of alcohol within the
)unci) will consider the following items in
040 of the City of Laurel Zoning;
se of Title 17 of the Laurel Municipal Code;
ise or is otherwise screened and separated
e effects;
modification or conditions concerning, but
mental influences.
ials is available for public review at Laurel
cted to Kurt Markegard, Planning Director
is comment is encouraged.
nt and associated public decision -