HomeMy WebLinkAboutResolution No. R23-05RESOLUTION NO. R23-05
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE EXTENSION OF
APPROVAL OF APPLICATION FOR SPECIAL REVIEW FOR J. JOHNSON
PROPERTIES PURSUANT TO RESOLUTION NO. R22-07.
WHEREAS, the City of Laurel (hereinafter "the City") previously approved the
Application for Special Review (hereinafter "the Application") for J. Johnson Properties
(hereinafter "the Applicant"), pursuant to Resolution No. R22-07, on February 8, 2022;
WHEREAS, the approval of the Application was subject to conditions that have not yet
been completed by the Applicant;
WHEREAS, the conditions included that "[c]onstruction of any improvements to the
site and building must be completed within twelve (12) months of special review approval";
WHEREAS, the conditions also specified that the Applicant could request an extension,
if necessary;
WHEREAS, the Applicant needs additional time to complete the conditions, and the
Applicant has requested a six (6) month extension from the City; and
WHEREAS, the City is agreeable to the Applicant's request, by way of formally
extending the provisions of Resolution No. R22-07 for an additional six (6) months from the
date of the original Resolution.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana that the terms and conditions of Resolution No. R22-07 are hereby extended by six
(6) months from the date of the original Resolution to allow the Applicant time to meet the
conditions for approval of the Application for Special Review.
Introduced at a regular meeting of the City Council on the 24th day of January 2023 by
Council Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
24th day of January 2023.
APPROVED by the Mayor on the 24th day of January 2023.
R23-05 Authorize Extension of Special Review Approval Pursuant to Resolution No. R22-07
ATTEST:
#(ILO
IS er, Clerk -Treasurer
APPROVED AS TO FORM:
ml,
( I
Michele L. Braukmann, Civil City Attorney
CITY OF LAUREL
Dave Waggoner, MayW
R23-05 Authorize Extension of Special Review Approval Pursuant to Resolution No. R22-07
JOHNSON RESTAURANT GROUP, INC
229 East 2nd St. Suite 200 (82601) 1 PO Box 50630 1 Casper, WY 82605
PHONE 307.265.3029 1 FAX 307.473.2909
January 10, 2023
City Council
115 W. 1St Street
Laurel, MT 59044
Re: Resolution No. R22-07
Request for Extension
Dear City Council.
We are requesting a 6 Month extension to Resolution No. R22-07 per Condition 3 for the remodel
of 305 South 1St Avenue.
We have experienced delays in finding a contractor, but we fully intend to complete this project
and open this business. We have received our blueprints and intend to actively pursue getting
this project started as soon as possible.
Our goal is to submit the application for a building permit within 60 days.
We respectfully request this six month extension. Please contact us if you need more information
or have further questions.
incerely,
John Johnson
J Johnson Properties
^,pBREyr
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RESOLUTION NO. R22-07
A RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR SPECIAL
REVIEW FOR J. JOHNSON PROPERTIES AUTHORIZING THE OPERATION OF LUCKY
LOUIE'S, A BAR AND CASINO, WITHIN AN EXISTING STRUCTURE LOCATED AT
305 SOUTH 1sT AVENUE, CITY OF LAUREL.
WHEREAS, J. Johnson Properties ("Applicant"), submitted a Special Review Application for the
above-described property which is currently zoned Highway Commercial (HC) and is located within the
Community Entryway Zoning District (CEZD) within the City of Laurel; and
WHEREAS, the Applicant is the property owner who desires to renovate an existing structure
located at 305 South 1ST Avenue for the purpose of operating a bar and casino to be known as Lucky
Louie's; and
WHEREAS, the Laurel Municipal Code authorizes such action upon City Council approval
through the Special Review Procedure; and
WHEREAS, the Applicant submitted an application for special review to the Laurel -Yellowstone
City -County Planning Board (acting as the Zoning Commission) for review and consideration. The
Planning Board (Zoning Commission) recommends the City Council's approval of the application for
special review, subject to the following conditions:
1'.
Any applicable permits, including but not limited to building permits, sign
permits, and right-of-way permits must be applied for within twelve (12) months
2.
of the approval.
A signage plan shall be provided to the Planning and Building Departments that
conforms to the requirements of the Laurel Sign Code and signage requirements
of the overlay districts wherein the property is located.
(
Construction of any improvements to the site and building must be completed'
within twelve (12) months of special review approval. Applicamay er q est an
y
extension if necess
4.
—lie operation of the business at the site shall not constitute a nuisance.
5.
Any use of the property not specifically included in this approval or allowable
within its underlying zoning district shall be deemed a violation of the laurel
6.
Zoning Code.
Any subsequent use or change of use associated with this special review shall
submit additional documentation to the City for subsequent processing and
approval or denial.
WHEREAS, a public hearing was held on February 8, 2022 at the City Council Meeting;
WHEREAS, the City Council of the City of Laurel hereby finds, based on the recommendation of
the Zoning Commission, Staff recommendation, and public comment gathered at the public hearing, that it
is in the best interests of the residents of the City of Laurel to approve the application for special review as
provided in the Staff Report and Findings attached hereto, subject to the above stated conditions.
R22-07 Approval of Special Review — 305 South I st Avenue, Laurel, Montana
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the application for
special review to allow the Applicant to operate a bar and casino on the property located at 305 South 1 st
Avenue, Laurel, Montana; 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
and the Staff Report.
FINALLY, BE IT RESOLVED, the Application, Staff Report and all attachments thereto are hereby
incorporated as part of this resolution.
Introduced at a regular meeting of the City Council on February 8, 2022, by Council Member Klose.
PASSED and APPROVED by the City Council of the City of Laurel this 8`h day of February 2022.
APPROVED by the Mayor this 81 day of February 2022.
CITY OF LAUREL
Dave Waggoner, Ma o
M</
Bethany(9gve erk-Treasurer
Approved to f��.�
Sam S. Painter, Civil City Attorney
R22-07 Approval of Special Review — 305 South 1 st Avenue, Laurel, Montana
RESOLUTION NO. R22-07
A RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR SPECIAL
REVIEW FOR J. JOHNSON PROPERTIES AUTHORIZING THE OPERATION OF LUCKY
LOUIE'S, A BAR AND CASINO, WITHIN AN EXISTING STRUCTURE LOCATED AT
305 SOUTH 1sT AVENUE, CITY OF LAUREL.
WHEREAS, J. Johnson Properties ("Applicant"), submitted a Special Review Application for the
above-described property which is currently zoned Highway Commercial (HC) and is located within the
Community Entryway Zoning District (CEZD) within the City of Laurel; and
WHEREAS, the Applicant is the property owner who desires to renovate an existing structure
located at 305 South I` Avenue for the purpose of operating a bar and casino to be known as Lucky
Louie's; and
WHEREAS, the Laurel Municipal Code authorizes such action upon City Council approval
through the Special Review Procedure; and
WHEREAS, the Applicant submitted an application for special review to the Laurel -Yellowstone
City -County Planning Board (acting as the Zoning Commission) for review and consideration. The
Planning Board (Zoning Commission) recommends the City Council's approval of the application for
special review, subject to the following conditions:
1. Any applicable permits, including but not limited to building permits, sign
permits, and right-of-way permits must be applied for within twelve (12) months
of the approval.
2. A signage plan shall be provided to the Planning and Building Departments that
conforms to the requirements of the Laurel Sign Code and signage requirements
of the overlay districts wherein the property is located.
3. Construction of any improvements to the site and building must be completed
within twelve (12) months of special review approval. Applicant may request an
extension if necessary.
4. The operation of the business at the site shall not constitute a nuisance.
5. Any use of the property not specifically included in this approval or allowable
within its underlying zoning district shall be deemed a violation of the laurel
Zoning Code.
6. Any subsequent use or change of use associated with this special review shall
submit additional documentation to the City for subsequent processing and
approval or denial.
WHEREAS, a public hearing was held on February 8, 2022 at the City Council Meeting;
WHEREAS, the City Council of the City of Laurel hereby finds, based on the recommendation of
the Zoning Commission, Staff recommendation, and public comment gathered at the public hearing, that it
is in the best interests of the residents of the City of Laurel to approve the application for special review as
provided in the Staff Report and Findings attached hereto, subject to the above stated conditions.
R22-07 Approval of Special Review — 305 South 1st Avenue, Laurel, Montana
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the application for
special review to allow the Applicant to operate a bar and casino on the property located at 305 South 1 st
Avenue, Laurel, Montana; 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
and the Staff Report.
FINALLY, BE IT RESOLVED, the Application, Staff Report and all attachments thereto are hereby
incorporated as part of this resolution.
Introduced at a regular meeting of the City Council on February 8, 2022, by Council Member Klose.
PASSED and APPROVED by the City Council of the City of Laurel this 8th day of February 2022.
APPROVED by the Mayor this 8th day of February 2022.
CITY OF LAU—<K� RE
/✓�
Dave Waggoner, Ma o
CAW. �
Bethany gve 0
erk-Treasurer
Approvedto f�
Sam S. Painter, Civil City Attorney
R22-07 Approval of Special Review -- 305 South ] st Avenue, Laurel, Montana
LAUREL CITY -COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City -County Planning Board and Zoning Commission
FROM: Nicholas Altonaga, Planning Director
PROJECT: Special Review Application for Lucky Louie's (305 S. 1St Ave)
DATE: December 3, 2021
An application for Special Review was submitted by J Johnson Properties for the property at 305
S. 11t Avenue in Laurel. The property owner plans to renovate the currently vacant commercial
building to operate a bar and casino. The property is located within the Highway Commercial
(HC) zoning district, as well as the Community Entryway Zoning District (CEZD) and the SE 4th
Street Overlay District. The Laurel Municipal Code requires all cocktail lounges, restaurants,
bars and taverns located in the Highway Commercial (HC) zoning district to go through the
Special Review process prior to the start of operations. An approval of the special review
application would allow the operation of a cocktail lounge, bar, or tavern on the location in
addition to the proposed casino.
Owner: J Johnson Properties LLC
Legal Description: HAGEMAN SUBD, SIG, T02 S, R24 E, BLOCK 4, Lot 15 - 18, W100' LTS 15-
18 & 30'X 100' VAC 3RD ST S
Address: 305 S 1St Ave, Laurel, MT 59044
Parcel Size: 15,000sgft
Existing Land Use: Commercial, currently vacant building
Proposed Land Use: Casino and Bar with full-service liquor license.
Existing Zoning: Highway Commercial (HC), Community Entryway Zoning District (CEZD),
SE 4th Street Overlay District
BACKGROUND AND PROCEDURAL HISTORY
Autumn, 2020: Initial conversations begin between Planning Department and Louie
Carranco, of Lucky Louie's (located at 117 E. Main Street) about relocating his business
to 305 S. 11t Avenue.
• Intermittent discussions take place between Planning Department and Louie Carranco
regarding the requirements for relocating his business to 305 S. 1st Ave.
• Planning Department review codes and provide clarification to Louie regarding the
procedural requirements.
• September 8, 2021: Planning Department contacted by assistant for developer
regarding the land use requirements of the property at 305 S. 15t Ave.
• September 9, 2021: Planning Department provide the codes and forms regarding the
special review procedure including the application form, commercial zoning and use
requirements, and schedule of fees.
• October 20, 2021: Special Review Application submitted to the Laurel Planning
Department.
• December 15, 2021: Public Hearing scheduled at the Planning Board and Zoning
Commission for the Special Review.
----_ - ..._...- --- -- — STAFF FINDINGS�
• The applicant has submitted an application for the operation of a bar and tavern at the
property of 305 S 111 Avenue in conjunction with the operation of a casino.
• The application contains all the necessary information to move forward to review by
Planning Board and City Council.
• The proposed used of the building as a bar and/or tavern conforms with a previous use
as a restaurant that offered beer and wine to customers.
• The building is located in close proximity to other establishments operating as casinos
with beverage licenses.
• The applicant seeks to relocate their current gaming and bar operation from 117 E. Main
St. to 305 S. 15t Ave.
• The applicant seeks to renovate a currently vacant commercial building and place it into
productive use.
I PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA
LMC 17.58 -- Special Review Procedures, contains the review criteria for the decision-making
process for Special Review applications.
A. After presentation to the zoning commission of the request for special review by the
applicant, the zoning commission shall make a recommendation to the city council to:
1. Grant the application for special review;
2. Deny the application;
3. Delay action on the application for a period not to exceed thirty days; or
4. Grant the application subject to conditions and recommendations and give the
reasons therefor.
B. Before approving a special review use, the zoning commission shall find that the
contemplated use(s):
0
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 otherwise screened and separated from
adjacent land in such a way as to minimize adverse effects;
4. Further the zoning commission shall consider and 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 environmental influences.
The following actions are to be taken by City Council,
17.68.50 - City council action.
A. Before taking action on an application for special review, and after presentation of the
zoning commission's report, the city council may hold a public hearing on the
application.
B. The zoning commission may recommend to the council whether to hold a public hearing
or not. In the event the city council holds its own public hearing on the application, then
the recommendations of the zoning commission and the notice of public hearing before
the city council shall both be published twice in the newspaper of general circulation in
the jurisdictional area of the Laurel -Yellowstone city -county planning board with the first
publication being at least fifteen days prior to the hearing.
RECOMMENDATIONS --� - -
The Planning Director recommends the Planning Board and zoning Commission approve the
Special Review with the following conditions:
I. Any applicable permits, including but not limited to building permits, sign permits, and
right-of-way permits must be applied for within twelve (12) months of special review
approval,
2. A signage plan shall be provided to the Planning Department and Building Department
that conforms to the requirements of the Laurel Sign Code and signage requirements of
the overlay districts wherein the property is located.
3. Construction of any improvements to the site and building must be completed within
twelve (12) months of special review approval with the ability to request an extension.
4. The operation of the site shall not be done in such a manner as to be a nuisance.
FE1
5. Any use of the property not specifically included in this approval or allowable within its
underlying zoning district shall be deemed a violation of the laurel Zoning Code.
6. Any subsequent use or change of use associated with this special review shall submit
additional documentation to the City for subsequent processing and approval or denial.
1. Special Review Application Packet and Form
2. Site Overview
3. Adjacent Property Owners List (300ft)
4. Adjacent Property Owners Map (300ft)
5. Mailing Labels
6. LMC 17.68 — Special Review Procedures
7. Public Notice for Special Review Public Hearing
CITY HALL
115 W. IST 5T.
PLANNING; 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
CRY ofIC,annreIl
P.O. Box 10
Laurel, Montana 59044
Application for Special Review
Offiee of the City Planner
The undersigned as owner or agent of the following described property requests a Special
Review as outlined in Chapter 17 of the Laurel Municipal Code.
Applicant: Tavern Partners Inc. dba Lucky Louie's Tavern and Casino
Legal Description: HAG&MAN SUED S16 Tot S R24 E BLOCK 4 Lot 15- 18 W 100' r TS 15-18&30'X 10T VAC IRn ST S
General Address: 305 S I" Ave: Laurel, MT 59044
Owner of Tract: J Johnson Properties, LLC
Mailing Address: PO Box 50630: Casper, WY 82605-0630
Phone Number: 307-265-3029
Email Address: accounting@,irgrestaurants.com
General Description of the requested Special Review:
We want to relocate our business from 117-1/2 E. Main St, Laurel, MT 59044 to 305 S. I" Ave:
Laurel MT 59044. Our business includes a Liquor license and a Gambling license.
Timeline for development:
Once this zoning_issue has been settled the remodel of the property will begin The remodel will take
approximately 6 months to complete.
Attachments:
X Site Map (printed on at least 11"x17" in paper size showing dimensions, acreage and
location of tracts in question)
_ 9 Site Plan (printed on at least 11 "x17" paper size including: property boundaries and lot
line dimensions, the location'of proposed/existing structures, off-street parking, site elevations,
service and refuse areas, means of ingress and egress, landscaping, screening, signs and open
spat areas, and latitude and longitude of the site.,
Justification Ietter describing the special review requested and reasoning
X Map of all properties within 300 feet of the property
>� List of the names and addresses of the property owners and/or agents for all parcels
within 300 feet of the parcel under Special Review. (City staff can assist with this process)
X Special Review fe er L urel Schedule of Fees.
Applicant Signature:
Date:
12
CITY L
1115 W.�LST. Oty of LzuireR
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-2241 Laurel, Montana 59044
Instructions for Special Review Applications
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.
I . Applications must be received on or before the I" of the month to be considered at the
following month's meeting.
2. 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.
3. If new construction or a change in the use of the property is contemplated, building
and/or development plans shall be submitted with the application.
4. Applications must be submitted to the Planning Department with the applicable fee as
noted in the most recent Schedule of Fees.
5. A public hearing is required to be held for all Special Review applications.
6. The City will notify all property owners listed within the 300 -foot radius and a legal ad
will be published at least 15 days prior to the public hearing.
7. The Laurel Zoning Commission meets the 3`d 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 the public hearing.
8. Recommendations of the Laurel City -County Planning Board shall be provided to the
Laurel City Council for their review and final Approval, Conditional Approval, or Denail
of the application.
2
13
October 20, 2021
City of Laurel
Application For Special Review for Tavern Partners, Inc. dba Lucky Louie's Tavern & Casino
RE: Justification Letter
In regard to the attached Application for Special Review for the City of Laurel, MT, we request that the
zoning with respect to the property located at 305 S. 1st Ave, Laurel, MT 59044 be reviewed. We
understand that the zoning for the property currentlyallows gambling establishments, but does not allow
alcoholic beverage businesses. We ask that the zoning be updated to allow alcoholic beverage businesses.
Tavern Partners, Inc. dba Lucky Louie's Tavern & Casino currently operates at 117-1/2 E. Main St, Laurel,
MT 59044. The operation consists of alcoholic beverage service and operates 14 gaming machines on the
premises. The property is leased from 117 Properties, LLC.
Tavern Partners would like to relocate its business to the 305 S. 1St Ave property, owned by J Johnson
Properties,. LLC. However, to do so, the property zoning needs to allow alcoholic beverage service. We
believe the new property is in a better location and will help Increase business revenues.
Ownership of the businesses in question are as follows:
1) Tavern Partners, Inc. dba Lucky Louie's Tavern & Casino
a. Louis J. Carranco —50%
2233 Interlachen
Billings, MT 59105
b. John D. Johnson — 50&
1917 Rustic Ct
Casper, WY 82609
2) J Johnson Properties, LLC (100% owner of 305 S. 1" Ave., Laurel, MT 59044)
a. John D. Johnson — 50&
1917 Rustic Ct
Casper, WY 82609
3) 117 Properties, LLC (100% owner of 117 E. Main St., Laurel, MT 59044)
a. Louis J. Carranco —50%
2233 Interlachen
Billings, MT 59105
b. John D. Johnson — 50&
1917 Rustic Ct
Casper, WY 82609
Thank you.
Regards...... Louis J. Carranco and John D. Johnson
15
El
iff
n--
Owner name
Tax Code
Legal Description
Address
MARVIN DEVELOPMENT OF MONTANA LLC
B00451A
HAGEMAN SUBD, 516, T02 S, R24 E, BLOCK 4, Lot 6 - 9, & LT 19 BLK 4 HAGEMAN SUB •
119 SE 4TH ST
1 JOHNSON PROPERTIES LLC
B00454
HAGEMAN SUBD, 516, T02 S, R24 E, BLOCK 4, Lot 15 -18, W100' LTS 15-18 & 30'X•
305 S 1ST AVE
TOWN & COUNTRY SUPPLY ASSOCIATION
B00452
HAGEMAN SUBD, 516, T02 S, R24 E, BLOCK 4, Lot 10 -13, & LT 20 BLK 4 HAGEMAN S•
315 S 1ST AVE
WENDAUREL LLC
800451
HAGEMAN SUBD, 516, T02 S, R24 E, BLOCK 4, Lot 1- 5, LT14, E40' LTS15-18, VAC A"
309 S IST AVE
SUPERPUMPER INC
B00448
HAGEMAN SUBD, 516, T02 S, R24 E, BLOCK 1, Lot 3, AMD
S IST AVE
WELLS, COLLEEN A &
B00450
516, T02 S, R24 E, C.O.S. 1752, PARCEL B, & C
209 S IST AVE
ABS MT -O LLC
800447
HAGEMAN SUBD, 516, T02 S, R24 E, BLOCK 1, Lot 1- 2, & LT 4 AMD (1-656 LOCATED'
205 S IST AVE
FOX LUMBER SALES INC
D02724
516, T02 S, R24 E, C.O.S. 1423, PARCEL AIA1, AMND AIA 19.120 ACRES
203 E RAILROAD ST
S&G COMMERCIAL HOLDINGS LLC
803044
CANYON CREEK STATION SUBD, 516, T02 S, R24 E, Lot 1, (98)
203 SE 4TH ST
INNOVATIVE PROPERTIES LLC
803221
HAGEMAN SUBD STH FIL (07), 516, T02 S, R24 E, BLOCK 1, Lot 1, 22000 SQUARE FEET
401 S 1ST AVE
INNOVATIVE PROPERTIES LLC
B03222
HAGEMAN SUBD 5TH FIL (07), 516, T02 S, R24 E, BLOCK 1, Lot 2, 11887 SQUARE FEET
S 1ST AVE
LAUREL 1 RE2 LLC
801391
EAST YELLOWSTONE SUBD, 516, T02 S, R24 E, BLOCK 29, Lot 7 - 21, ADJ VAC ALLEY &•
312 S IST AVE
LAUREL 2 RE LLC
B01388
EAST YELLOWSTONE SUBD, 516, T02 S, R24 E, BLOCK 29, Lot 1 - 6, & ADJ 30 FT ASND`
306 S IST AVE
PEKOVICH, GREG & BECKY
3013938
EAST YELLOWSTONE SUBD, 516, T02 S, R24 E, BLOCK 30, Lot 37, AMD (09) (100791"
216 S IST AVE
LOCOMOTIVE INN & CASINO INC
801392
EAST YELLOWSTONE SUBD, 516, T02 S, R24 E, BLOCK 30, Lot 18A, (09)
310 S 1ST AVE
JOE -JOE'S LLC
B01393A
EAST YELLOWSTONE SUBD, 516, T02 S, R24 E, BLOCK 30, Lot 27A, & LT 35 AMND & W30'
220 S 1ST AVE
LOCOMOTION FITNESS CENTER INC
801401
EAST YELLOWSTONE SUBD, 516, T02 S, R24 E, BLOCK 31, Lot 26 - 28, & N30 FT ABVD •
STOKKE, SAMUEL & LORNA
BOI402A
EAST YELLOWSTONE SUBD, 516, T02 S, R24 E, BLOCK 31, Lot B, AMD & ADJ VAC S 2ND *
116 S 1ST AVE
PIONEER PLAZA CONDOMINIUM
B03022M
PIONEER PLAZA CONDOS (84), 516, T02 S, R24 E, MASTER CARD LOC @ LT A BLK 31 E•
1112 S FIRST AVE
NOTE: This is the list of all properties within 300 feet of our property at -305 S_ 1st Ave., Laurel, MT 59044. it was prepared by Nick Altonaga, the Planning Director for the City of Laurel.
F0-
Jim Hinton
From: John Atkinson <john@atarchitecture.com>
Sent: Thursday, September 30, 20219:11 AM
To: Jim Hinton
Cc: John Johnson
Subject: Re: City of Laurel Special Review
Attachments: FloorPlan.pdf; SitePlan.pdf
Hi Jim,
Attached are the plan on 8.5x11 and the site:plan.on.11x17:.that:a�e.requented: This�should be good -for the site
._
map/sj5e,p of n 6r ntioned:� usually the city provides the names and addresses of the property owners within 300', so
would check with them on that.
I'm not a surveyor, so I'm not sure I can do anything with the survey affidavit. Please let me know if I can help with
anything else.
thanks,
John Atkinson
AT Architecture
p 406.245.2724
cell 406.697.0651
-john@atarchitecture.com
On 9/28/20211:15 PM, Jim Hinton wrote:
John,
I have attached all the documents our attorney needs us to have completed.
On page 1, 1 have completed what 1 could. I do not yet know the "Timeline for development", but will
have that later.
This page says we need a "Site Map", "Site Plan", "Map of properties within 300 feet", and "Names and
addresses
of these property owners".
Page 3 is the "Certified Survey Affidavit'.
Pages 4 through 10 are printouts that I got on the Yellowstone County Assessor's website concerning
the property
we will be moving to — 305 S. 1" Ave.
Page 11 states that we need a floor plan (I will take care of the lease).
The remaining pages came from our attorney, including ordinances and fees, for your information.
Let me know if you have any questions for me or John Johnson.
Thank you.
Regards,
a
ABS MT -0 LLC ABS MT -0 LLC
ABS MT -0 LLC B00447 B00447
B00447 205 S 1ST AVE 205 S 1ST AVE
205 S 1ST AVE LAUREL, MT 59044 LAUREL, MT 59044
LAUREL, MT 59044
FOX LUMBER SALES INC
D02724
203 E RAILROAD ST
LAUREL, MT 59044
INNOVATIVE PROPERTIES LLC
B03221 B03222
2040 CLAIM CREEK RD
BOZEMAN, MT 59715-6718
J JOHNSON PROPERTIES LLC
B00454
305 S 1ST AVE
LAUREL, MT 59044
JOE -JOE'S LLC
B01393A
220 S 1ST AVE
LAUREL, MT 59044
LAUREL 1 RE2 LLC
B01391
312 S 1ST AVE
LAUREL, MT 59044
LAUREL 2 RE LLC
B01388
306 S IST AVE
LAUREL, MT 59044
LOCOMOTION FITNESS CENTER INC
B01401
122 S IST AVE
LAUREL, MT 59044
LOCOMOTIVE INN & CASINO INC
801392
310 S 1ST AVE
LAUREL, MT 59044
MARVIN DEVELOPMENT OF MONTANA
B00451A
119 SE 4TH ST
LAUREL, MT 59044
FOX LUMBER SALES INC
D02724
203 E RAILROAD ST
LAUREL, MT 59044
INNOVATIVE PROPERTIES LLC
B03221 B03222
2040 CLAIM CREEK RD
BOZEMAN, MT 59715-6718
J JOHNSON PROPERTIES LLC
B00454
305 S IST AVE
LAUREL, MT 59044
JOE -JOE'S LLC
B01393A
220 S IST AVE
LAUREL, MT 59044
LAUREL 1 RE2 LLC
801391
312 S 1ST AVE
LAUREL, MT 59044
LAUREL 2 R£ LLC
B01388
306 S IST AVE
LAUREL, MT 59044
LOCOMOTION FITNESS CENTER INC
B01401
122 S IST AVE
LAUREL, MT 59044
LOCOMOTIVE INN & CASINO INC
801392
310 S 1ST AVE
LAUREL, MT 59044
MARVIN DEVELOPMENT OF MONTANA
B00451A
119 SE 4TH ST
LAUREL, MT 59044
FOX LUMBER SALES INC
D02724
203 E RAILROAD ST
LAUREL, MT 59044
INNOVATIVE PROPERTIES LLC
B03221 803222
2040 CLAIM CREEK RD
BOZEMAN, MT 59715-6718
J JOHNSON PROPERTIES LLC
B00454
305 S 1ST AVE
LAUREL, MT 59044
JOE -JOE'S LLC
B01393A
220 S 1ST AVE
LAUREL, MT 59044
LAUREL 1 RE2 LLC
B01391
312 S 1ST AVE
LAUREL, MT 59044
LAUREL 2 RE LLC
B01388
306 S 15T AVE
LAUREL, MT 59044
LOCOMOTION FITNESS CENTER INC
B01401
122 S 1ST AVE
LAUREL, MT 59044
LOCOMOTIVE INN & CASINO INC
B01392
310 S 1ST AVE
LAUREL, MT 59044
MARVIN DEVELOPMENT OF MONTANA
B00451A
119 SE 4TH ST
LAUREL, MT 59044
20
PEKOVICH, GREG & BECKY
B01393B
216 5 IST AVE
LAUREL, MT 59044
PIONEER PLAZA CONDOMINIUM
B03022M
112 S FIRST AVE
LAUREL, MT 59044
S&G COMMERCIAL HOLDINGS LLC
803044
203 SE 4TH ST
LAUREL, MT 59044
STOKKE, SAMUEL & LORNA
B01402A
116 S IST AVE
LAUREL, MT 59044
SUPERPUMPER INC
800448
4115 IST AVE
LAUREL, MT 59044
TOWN & COUNTRY SUPPLY ASSOCIATION
B00452
315 S 1ST AVE
LAUREL, MT 59044
WELLS, COLLEEN A &
B00450
209 S 1ST AVE
LAUREL, MT 59044
WENDAUREL LLC
B00451
309 S 1ST AVE
LAUREL, MT 59044
Laurel Planning Department
115 W. 11t St.
Laurel, MT 59044
Laurel Planning Department
115 W. 111 St.
Laurel, MT 59044
PEKOVICH, GREG & BECKY
B01393B
216S1ST AVE
LAUREL, MT 59044
PIONEER PLAZA CONDOMINIUM
B03022M
112 S FIRST AVE
LAUREL, MT 59044
S&G COMMERCIAL HOLDINGS LLC
B03044
203 SE 4TH ST
LAUREL, MT 59044
STOKKE, SAMUEL & LORNA
B01402A
116 S 1ST AVE
LAUREL, MT 59044
SUPERPUMPER INC
B00448
411 S 15T AVE
LAUREL, MT 59044
TOWN & COUNTRY SUPPLY ASSOCIATION
B00452
315 S IST AVE
LAUREL, MT 59044
WELLS, COLLEEN A &
B00450
209 S 1ST AVE
LAUREL, MT 59044
WENDAUREL LLC
B00451
309 S IST AVE
LAUREL, MT 59044
Laurel Planning Department
115 W. 1St St.
Laurel, MT 59044
Laurel Planning Department
115 W. 111 St.
Laurel, MT 59044
PEKOVICH, GREG & BECKY
B01393B
216 S 15T AVE
LAUREL, MT 59044
PIONEER PLAZA CONDOMINIUM
B03022M
112 S FIRST AVE
LAUREL, MT 59044
S&G COMMERCIAL HOLDINGS LLC
B03044
203 SE 4TH ST
LAUREL, MT 59044
STOKKE, SAMUEL & LORNA
B01402A
116 5 1ST AVE
LAUREL, MT 59044
SUPERPUMPER INC
B00448
411 S IST AVE
LAUREL, MT 59044
TOWN & COUNTRY SUPPLY ASSOCIATION
B00452
315 S 1ST AVE
LAUREL, MT 59044
WELLS, COLLEEN A &
B00450
209 S IST AVE
LAUREL, MT 59044
WENDAUREL LLC
B00451
309 S 1ST AVE
LAUREL, MT 59044
Laurel Planning Department
115 W. 1" St.
Laurel, MT 59044
Laurel Planning Department
115 W. 1" St.
Laurel, MT 59044
F21
PUBLIC HEARING NOTICE
The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on
a Special Review Application submitted by Tavern Partners, DBA Lucky Louie's Tavern and Casino.
The Planning Board has scheduled the public hearing for 5:35 P.M., in the City Council Chambers
at City Hall, 115 West 1st Street, Laurel, Montana, on Wednesday, December 15 2021.
Tavern Partners plans to relocate the current Lucky Louie's Tavern from its location at 117 E.
Main Street to 305 S. 1St Avenue. A Special Review Approval by the City Council is required for
any cocktail lounge, restaurant, bar, or tavern within the Highway Commercial (HC) zoning district
that the property in questions is located.
Additionally, the City Council shall schedule a subsequent public hearing to make a final decision
on the Special Review application after Planning Board has met and submitted their
recommendations to the City Council.
Public comment is encouraged and can be provided in person at the public hearing on December
15th. Public comment can also be made via email to the Planning Director, or via letter to the
Planning Department office at 115 West 111 Street Laurel, MT 59044. A copy of the Special Review
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 cityplanner@laurel.mt.gov.
22]
Chapter 17.68 - SPECIAL REVIEW PROCEDURE
Sections:
17.68.010 - Purpose of provisions.
Although each zoning district is primarily intended for a predominant type of use, there are a number
of uses which may or may not be appropriate in a particular district depending upon all the circumstances
of the individual case. For example, the location, nature of the proposed use, the character of the
surrounding development, traffic capacities of adjacent streets, and potential 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 is assured that the uses are
compatible with their locations and with surrounding land uses, and will further the 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 property 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) upon 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 the tract(s) and their agents, if any and the names
and addresses of property owners of record within three hundred feet of the property for
which a special review has been requested; such list of property owners shall be so certified
by the county clerk and recorder's office;
4. A site plan showing major details of the proposed development including but not limited to,
the location ofproposed and existing buildings and structures; off-street parking and loading;
service and refuse areas; means of ingress and egress; landscaping; screening; signs and open
space areas;
5. A time schedule for development;
6. Any other information the applicant believes will 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 submittal shall be on the following day before five
p.m.
(Ord. 94-15, 1994; prior code § 17.88.020)
17.68.030 - Evaluation responsibility- Consultation—Notification.
The planning director, upon receiving an application for a special review 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 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 appropriateness and effect on existing and proposed
land use, and references to the comprehensive plan;
C. Advertise twice in a newspaper of general circulation in the jurisdictional of the Laurel -
Yellowstone city -county planning board at least fifteen days in advance of the time and place of
the public hearing;
D. Notify, by mail, the applicant or his authorized agent at least five days prior to the date of the
public hearing of the time and place of such hearing;
E. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the
property subject to the special review 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 a substantial
environmental impact on surrounding land uses;
F. After the public hearing and as part of the public record, the planning director shall report his
findings, conclusions and recommendations to the 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 request for special review by the applicant, the
zoning commission shall make a recommendation to the city council to:
1. Grant the application for special review;
2. Deny the application;
3. Delay action on the application for a period not to exceed thirty days; or
4. Grant the application subject to conditions and recommendations and give the reasons therefor.
B. Before approving a special review use, the zoning commission shall find that the contemplated use(s):
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 otherwise screened and separated from adjacent
land in such a way as to minimize adverse effects;
4. Further the zoning commission shall consider and 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 environmental influences.
(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 review, and after presentation of the zoning
commission's report, the city council may hold a public hearing on the application.
B. The zoning commission may recommend to the council whether to hold a public hearing or not. In the
event the city council holds its own public hearing on the application, then the recommendations of
the zoning commission and the notice of public hearing before the city council shall both be published
twice in the newspaper of general circulation in the jurisdictional area of the Laurel -Yellowstone city -
county planning board with the first publication being at least fifteen days prior to the hearing.
(Ord. 94-18, 1994; prior code § 17.88.050)
F2-51
0 MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
fli�ll� WEDNESDAY, DECEMBER 15, 2021
5:35 PM
CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
1. Roll Call
The Chair called the meeting to order at 5:35PM
Jon Klasna
Ron Benner
Gavin Williams
Evan Bruce
Roger Giese
Dan Koch
Judy Goldsby
Nick Altonaga (City of Laurel)
The Chair announced the agenda change to place Chens Express before the North Western Energy
Discussion.
General Items
2. Approve Meeting Minutes: November 17, 2021
Board members reviewed the minutes.
Ron Motioned to Approve the minutes from the meeting on November 17, 2021.
Evan Seconded.
Motion Carried.
3. Public Hearing: Lucky Louie's Special Review
The Chair called for Proponents.
The Chair called for Proponents.
John Johnson, 1917 Rusting Court, Casper, Wyoming.
Owner of the Building, and also a partner of Louis Carrano with Tavern Partners.
Want to speak in favor of the project. Would like to have the 3`d condition of approval be changed to
"Have started within 6 months of special review approval."
Another issue with the timeframe is that we still have to have approval by the state. The Department of
Justice and the State need to sign off and approve it as well.
Ron: Will there be any food service?
John: Very limited kitchen and food service. Want to make sure that it will be limited to bar and casino
and not a bar, casino, restaurant. It will be very limited, not a restaurant with full service. Limited
service area of about 8 seats.
Roger: One of the recommendations and discussion items has it as ingress and egress. Will there be
additional ingress and egress created to the neighboring site?
None planned at this time. No major site work is being done.
The Bar in this location will be a service bar, not a full -on bar for customers. It will have full beverage
service available but limited seating.
Judy: What will the hours of operation be?
Hours of operation will be 8am-12am.
Ron: The Bar downtown will close? What will be done with it?
John: We have a verbal agreement with a gentleman down the street who will take over the space.
The Chair Called for Proponents.
The Chair called for Opponents.
The Chair called for Opponents.
The Chair called for Opponents.
There being none, the Chair closed the public hearing.
Forrest Sanderson, KLJ: Suggest taking up the 1 -year limit and impose the ability of an extension.
Board members discussed amending the recommendation of a 1 -year development timeframe.
Gavin Motioned to Approve the Special Review for Lucky Louie's with the amended Recommendations
as discussed.
Evan Seconded.
Roger Giese Opposed.
Motion Carried.
4. Plan Review: City -Brew / Chen's Express
Nick Presented the amended plan for the City Brew / Chens Express
Ron: Will there be a pedestrian walkway to the ATM? This is very problematic as not everyone has a
car. Also problematic for Larger vehicles heading into the parking areas.
Ron: Trash Enclosure? Nick explained the encroachment permit that was approved last night
Ron: Parking issues, ATM Island, and multiple lanes of traffic will be very problematic. I think cars are
going to get all over.
Can we put an addendum that the Police won't have to attend to any accidents here? Not sure how they
will deal with traffic here.
Where is the overflow parking for large vehicles or how will the developer deal with vehicles with
trailers?
Ron Motioned to table the plan review until January and invite the developer to present it then.
Jon Seconded.
Motion Carried.
5. Staff Update
The Planning Director announced that his last day with the city of Laurel will be January 2161, 2022.
Karen Courtney the Building Official will be taking over the day to day items with Forrest Sanderson at
KLJ assisting with the larger projects.
6. Discussion: Northwestern Energy Zone Change
Ron Motioned to Adjourn the meeting to hold a work session.
Evan Seconded.
Motion Carried.
Meeting adjourned at 6:05pm.
Ron recommended to send our standing decision back to City Council. We should not be forced to make
the decision.
Ron left the meeting due to a prior engagement.
Forrest Sanderson, KLJ. Inc. was present to summarize the findings regarding the NW Energy Zone
Change.
You have a comprehensive record. We did not yet address the statutory criteria in the MCA. (Just those
in the LMC). We MUST address the items in MCA regarding the zone change. There is no proof that
those 11 items were addressed.
In 32 years, it is the first time a AGB has decided to NOT go through the official process and build the
record. Through a quick run -back through the record I have prepared a comprehensive Iist of findings
for each. The public is entitled and should be invited to participate in the public process and the findings.
Even through a quick search we have prepared a significant list. I recommended that the City Council
remand the review of the item to the Planning Board. We must review the Zone Change criteria and
findings and adopt conclusions.
We must prove that we have reviewed the record, we have reviewed the findings, and can state that our
decision is based upon those.
Tasking for Nick: Is NWE still interested in the zone change process?
They must affirm or drop the zone change.
If they don't respond to us, assume they are still interested. We must invite them to the Public Hearing
in January.
Request to the Board is in two parts:
1. I need you to review the record (Summary of findings)
2. If you have additional findings, SEND THEM TO NICK
We want to have all findings available for the Public Hearing. Charge the public: Review the summary
of findings, email Nick with any further findings. We will come to a conclusion for each and every one
of those 1 I questions.
Next issue to address: After the public hearing, Councilman McGee. Councilman McGee asked the
question whether the Council or Commissioners were the appropriate body. Who is the appropriate
body? There is a statutory process for amending the zoning jurisdiction and it has not been followed.
Does the City of Laurel have the legal authority to assign zoning?
The City Attorney is going to have to make a decision on that.
It does not matter who the appropriate governing body is, but this is the planning board that has the
power over this portion of review process. That is crystal clear. No matter who the governing body is,
they will review the findings and conclusions prepared by the Laurel City -County Planning Board.
Going through the findings and public process shall show that we completed our requirements.
Does the Board have any questions for it?
Dan: Doesn't the City have authority 1 -mile out for zoning?
Forrest: There are some specific prohibitions for zoning outside city limits. There are some specifics for
the zoning area.
Dan: Maybe there were some things that were done wrong in the past.
The answers we find for this item.
Our question to Yellowstone County: has YC adopted Zoning under 76-2-2 MCA?
Our record will be complete, defensible, developed through an open, fair, and transparent process, and
will be sent to the appropriate governing body.
Judy: The determination of the appropriate governing body would not impact our review of findings?
Forrest: Correct.
Dan: Could the Commissioners override our decisions?
Forrest: Yes
Dan: Then why are we not doing it backwards? To figure out who the appropriate GB is?
Forrest: No, we started the process and must finish it correctly. Assumptions were made during this
process that blocked the underlying questions. We are going to find who the appropriate governing body
is and shall send our recommendations to them.
We are dealing with Private Property and Private Property rights. This decision directly deals with
impacts to private property. Let's navigate the process with this in mind. Dealing with both sides of the
issue, both For and Against.
Can we have a meeting before the 19fl' to meet on the findings?
Must provide notice. Thou shalt not meet in private.
• Make sure the public is aware
• Make sure they are afforded the opportunity to attend
• Ensure that if they are working on their tasking, that you are as well
Want to ensure that things are open, fair, and transparent.
'If NW Energy withdraws their application, IN WRITING, we are done. Everything stops.
Evan: Can an EPA or DEQ agent come in and speak with us regarding this issue?
Yes, but the DEQ agent would provide details on a different set of questions than what we have under
our review. We would start to mix regulatory mandates, and it is all relevant, but might not all belong as
part of this process.
If you believe you have heard testimony that gives you pause, in regard to property values impacted, and
the presentation from DEQ would answer that question, they will be required by law to show up and
answer your questions. All state agencies are required to attend a meeting when requested in order to
answer questions. They are good at attending. But we need to know in advance to invite them.
Dan: There should be a better way of having the public be aware of the hearings and processes. They
were not aware of the process and that we did not have sufficient information.
Forrest: We have struggled for years to get people to know about meetings and information. We do more
than most communities to get the word out. Follow what the code says, publish the notices.
Dan: The local paper tracks it. It is incumbent upon the public to attend meetings. In all due respect to
Dr. Benner, We must deal with this for the city, for the public.
Steve Krum, 249 241b Ave West, Laurel, MT 59044
One thing through the process is that the public has come in and voiced a lot of thoughts and feelings
and idea's. It has come through the health and safety and environment.
Dan brought up and I agree that it is the Public's responsibility to attend meetings. The YC News is not
the proper location for public notices to be sent. It is not published within the statutory area for the
Board. We are missing a big opportunity to reach out to the public by not publishing in the Outlook.
Forrest: The paper of record is set by the Governing Body. We are just living with the decision.
Jon: With that in mind, can we direct someone to request that our notices be put in Laurel's paper?
Nick can forward the request to have our notices in both.
Carol Blades 1805 Denidas Lane.
I DO read the Outlook. I like that you are giving us a second chance for contact on this issue. Asked
what is the role for Forrest? Can we contact you directly?
Forrest: No, primary contact is with Nick who then contacts me if necessary.
Jon: Would like to see a specific list of the 11 questions. Where can I find those?
Forrest explained the document with the findings. I -XI findings and conclusions, followed by the 6
questions posed by Nick and Forrest.
The Roman Numerals are the statutory questions, followed by the questions posed by staff.
If we hear about Yellowstone County, WE DO NOT CARE, we only care about our jurisdiction.
To deviate from that puts us on a path that is untenable and indefensible.
Where our decision goes, it does not matter, and has no impact on the decision-making process.
You serve the county and the city of Laurel in equal measure.
We are still going to deal with the application, as we are the appropriate board.
Jon: We need to decide whether NW Energy wants to proceed or they want to withdraw?
If the answer is full -stop, it should be front page above.the fold news.
We would want to have a 1 -minute comment period per person at the end of the work session. In the
interim between the 5�' and the 10, send it in as an email, it is the fastest way to get it into the record.
Carol Blades: Have been prolific in letter writing to the editor, but has not included them with City
Council as they were longer than 3 minutes.
New Business
Old Business
Other Items
7. Adjourn
Dan Motioned to adjourn the work session.
Gavin Seconded.
Motion Carred.
Meeting Adjourned at 7:15pm
Announcements
8. Next Meeting: January 19, 2022
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