HomeMy WebLinkAboutResolution No. R17-22 - Fail - 2-5RESOLUTION NO. R17-22 — - - -
A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY'S
ZONING ORDINANCE TO ALLOW A MEDICAL MARIJUANA DISPENSARY BUSINESS AT
204 SOUTH WASHINGTON AVENUE, UNIT A-1, A PROPERTY CURRENTLY ZONED
HIGHWAY COMMERCIAL UNDER THE LAUREL MUNICIPAL CODE.
WHEREAS, the property located at 204 South Washington Avenue is currently zoned Highway
Commercial pursuant to 17.20.010 of the Laurel Municipal Code, which does not allow the operation of
a medical marijuana dispensary;
WHEREAS, the owner of the property at issue currently seeks a variance of the zoning that
currently only allows medical marijuana dispensary businesses for properties zoned Light Industrial; and
WHEREAS, the owner submitted the request for a variance to the Laurel -Yellowstone City -
County Planning Board. The Planning Board acting as the City's Zoning Commission held a public
hearing on the variance request. The Zoning Commission received testimony and written support for the
variance from a number of proponents, and one protest from an adjacent business owner, as provided in
the Zoning Commission meeting minutes and documents contained in the record which are all
incorporated as part of this Resolution by this reference; and
WHEREAS, the Zoning Commission considered all of the documentary evidence in the record
along with the testimony presented at the public hearing, and recommends the approval of the variance,
subject to the conditions recommended by Staff as follows:
1. The variance is approved only for the Applicant and is restricted to this location;
2. The variance is restricted to allow only a medical marijuana dispensary, a grow
operation remains prohibited in the Highway Commercial Zone.
3. The applicant shall apply for and obtain a City Business License.
WHEREAS, the City Council held a public hearing concerning this matter on June 6, 2017. No
objections were noted or received into the record.
WHEREAS, based on the evidence contained in the record, including the Zoning Commission's
File, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the
City of Laurel to allow the variance since:
1. granting the variance in this case relates only to a special condition that is specific to the
applicant;
2. the current hardship was not created by the applicant;
3. the variance requested appears to be within the spirit, intent and purpose of the zoning
regulations; and
4. granting the variance will not injure or result in an injustice to others.
NOW THEREFORE, BE IT RESOLVED that the owner's request for a variance is hereby
approved for the property located at 204 South Washington Avenue, allowing the owner to open and
operate a medical marijuana dispensary on the property;
BE IT FURTHER RESOLVED, that the variance is approved subject to the following conditions:
R17-22 Variance Request 204 South Washington Avenue, Unit A-1
1. The variance is approved only for the applicant and is restricted to this location;
2. The variance is restricted to allow only a medical marijuana dispensary, a grow
operation remains prohibited in the Highway Commercial Zone; and
3. The applicant shall apply for and obtain a City Business License.
Introduced at a regular meeting of the City Council on June 6, 2017 by Council Member
Herr
PASSED and APPROVED by the City Council of the City of Laurel, Montana this 6th day of
June, 2017.
APPROVED BY THE MAYOR this 6th day of June, 2017.
CITY OF LAUREL
Mark A. Mace, Mayor
ATTEST:
Bethany Keeler, Clerk/Treasurer
APPROVED AS TO FORM:
Sam S. Painter, Civil City Attorney
R17-22 Variance Request 204 South Washington Avenue, Unit A-1
LAUREL CITY -COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Noel Eaton, Laurel City Planner
RE: Variance for 204 South Washington Avenue Unit A-1
HEARING
DATE: June 6`", 2017
I
Richard Abromeit has submitted an application for variance. The request is for allowable uses in
Highway Commercial Zoning LMC 17.20.010 "Medical marijuana dispensary or dispensary".
The property is currently zoned Highway Commercial.
1. The applicant is requesting a variance from Laurel Municipal code 17.20.010 to allow
"medical marijuana dispensary or dispensary" in Highway Commercial Zoning.
The property is currently a 24 unit commercial rent or own development. Two 12 unit
buildings are connected by shared walls on the north and south side of the property.
In 2011 City Council changed the zoning code to allow for medical marijuana dispensaries
in Light Industrial Zoning. Medical marijuana cultivation facility or cultivation facility is
allowed in Light Industrial and Heavy Industrial Zoning.
4. A map identifying the property and letter of application are attached.
5. The applicant included a justification for the variance as it relates to LMC 17.60.020
6. Asper the requirements of LMC 17.72.070, a public hearing on the matter shall be held
before the zoning commission before being heard by the Laurel City Council. As per B. of
the section, public notice was published in the Laurel Outlook and adjacent property
owners were notified by certified mail more than 15 days prior to the public hearing.
The Zoning Commission shall review and make determinations on the following chapters
and sections of the Laurel Municipal Code {LMC):
According to Chapter 17.60.020 of the LMC the Zoning Commission may not
recommend granting a land use variance:
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 mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
S. 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.
2. As per LMC 17.72.060 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.
The Zoning Commission held a public hearing on May 4th 2017, The Board voted 5-2 to
approve the variance (Please see attached minutes)
There were 6 proponents and 1 letter supporting the item. There was 1 letter not
supporting the item.
A discussion from the board about parking took place. The property is zoned highway
commercial and was permitted for storage purposes. Section 17.40.090.J states "Retail
Establishments including personal service shops, equipment or repair shops in HC
commercial district shall have one space for each 200 square feet of floor area."
The unit is 1500 total square feet.
_ - — -- .....-- - --
If the City Council recommends approval of the land use variance, the following conditions
are suggested:
1. The variance shall only be allowed for the applicant and at this location.
2. The variance shall only be allowed for Medical marijuana dispensary or dispensary.
3. The applicant shall apply for a City of Laurel business license.
Laurel Variance Request Application
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
1. Name of property owner:
2. Name of Applicant if different from above:
3. Phone number of Applicant: 1 7Z 2
4. Street address and general location:
5. Legal description of the property:
6. Current Zoning: — L
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.
s C`
Signature of Applicant:
Date of Submittal: --1 /cf%'/i :i
To: Laurel City County Planning Board
I am asking that a variance be granted at the property located at 204 S Washington
Street Unit A-1 to allow Light Industrial zoning in this Highway Commercial
zoned area. There are several reasons behind changing this variance at this
location.
Currently medical marijuana dispensaries are zoned Light Industrial only in Laurel.
With this current zoning, there are not any areas available for a medical cannabis
dispensary to rent or lease. These areas are currently owned by the railroad, Fox
Lumber, and Fiberglass structures, which due to the federal regulations within their
industry prevents them from renting/leasing to a business such as ours.
Montana Advanced Caregivers is the city of Billings only licensed dispensary and
have been licensed there since 2009. Currently, we have over 20 patients in Laurel
that have to travel for our services because there isn't safe access of medical
cannabis within its city limits. This location provides this access while still being
away from churches, parks and schools. Only our cardholders are allowed in the
premises with a deadbolt locked "buzz in" security door as well as security alarms
and carneras that would be installed. We are well known for being stricter than the
DPHHS in the regulation of our medicine.
In 2011, Montana Advanced Caregivers attended the city council meeting to
advocate that Laurel not ban dispensaries but to set ordinances to accept medical
cannabis and regulate it through zoning. This ordinance has been in place over 5
years and Laurel still does not have a medical cannabis dispensary to provide safe
access.
The city rezoned this area (light industrial to highway commercial) to allow for
Best Western to come in.
Steve Solberg purchased this property on 5-25-1995 when it was still light
industrial prior to the enactment of Laurel Municipal Code Chapter 17.60.202,
The truth is with twenty-eight states and our nation's capital already having
legalized marijuana programs, medical cannabis is coming. So why not plan for
Laurel's future growth by having a professional, legal, community -worth place,
like the facility I have in Billings, not a "pot shop". I have already spoken to the
chief of police regarding this matter as well as the owners of this property who had
initial concerns. However, after speaking at length with my business partner and I,
and seeing how we ran our operation in Billings they were more than convinced
that Montana .Advanced Caregivers would be the cannabis dispensary they would
want in their community helping our citizens. The variance is only 1500 square
feet and it butts up against two properties that are already zoned light industrial.
Thank you
Richard Abromeit
CEO Montana Advanced Caregivers
1 101 Maggie Lanc
Billings, MT 59101
406-656-0026 business
506-698-7242 cell
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MINUTES
LAUREL — YELLOWSTONE CITY -COUNTY PLANNING BOARD
May 4, 2017 10:00 am
COUNCIL CHAMBERS
Members present: Kathy Siegrist, President
Dan Koch, City Rep.
Judy Goldsby, County Rep. & Vice -President
Lee Richardson, County Rep.
Hazel Klein, City Rep.
Jerry Williams, Conservation Corps Rep.
Gary Colley, City Rep.
Roger Giese, City Rep.
Others present: Noel Eaton, City Planner
Cheryll Lund, City Secretary
Members absent: Ron Benner, County Rep.
CALL TO ORDER: The meeting was called to order at 10:00 a.m. by President Siegrist.
ROLL CALL: Members present were Koch, Goldsby, Giese, Richardson, Colley, Klein, Williams and
Siegrist.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS: A motion was made by Dan Koch and seconded
by Judy Goldsby to approve minutes of the March 2, 2017 meeting. The motion carried by a vote of
7-0.
NEW BUSINESS: Public Hearing — Variance Request — LMC 17.20.010 Allowable Uses for Highway
Commercial Zoning, "Medical marijuana dispensary or dispensary".
President Siegrist stated that today the board will be considering a variance request about a medical
marijuana dispensary. She went on to state that this is not about recreational use, gateway drugs,
federal law on marijuana or states that already allow medical marijuana. This is about a business that is
legally defined by Montana law. It is solely about whether this application meets the criteria for a
variance on the zoning as passed by the Laurel City Council in 2011. She went on to state that it would
be greatly appreciate if all comments and discussion were kept to that topic alone.
President Siegrist opened the public hearing at 10:02 am and asked Planner Noel Eaton to present the
application for the variance request.
Noel presented the application and read her staff report to the Board.
DISCRI PTI ON/LOCATION:
Richard Abromeit has applied for a variance. The request is for allowable uses in Highway Commercial
Zoning LMC 17.20.010 "Medical marijuana dispensary or dispensary". The property is currently zoned
Highway Comercial which does not allow a medical marijuana dispensary.
STAFF FINDINGS:
1. THE APPLICANT IS REQUESTING A VARIANCE FROM Laurel Municipal Code 17.20.010 to allow
"medical marijuana dispensary or dispensary" in Highway Commercial Zoning.
2. The property is currently a 24 -unit commercial rent or own development. Two 12 -unit buildings
are connected by shared walls on the north and south side of the property.
3. In 2011 Laurel City Council changed the zoning code to allow for medical marijuana dispensaries
in Light Industrial Zoning. Medical marijuana cultivation facility or cultivation facility is allowed
in Light Industrial and Heavy Industrial Zoning.
4. A map identifying the property and the letter of application are attached.
5. The applicant included a detailed justification as it relates to LMC 17.60.020.
6. As per the requirements of LMC 17.72.070, a public hearing on the matter shall be held before
the zoning commission before being heard by the Laurel City Council. As per B. of the section,
public notice was published in the Laurel Outlook and adjacent property owners were notified
by certified mail more than 15 days prior to the public hearing.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATIONS:
The Zoning Commission shall review and make determinations on the following chapters and sections of
the Laurel Municipal Code (LMC):
1. According to Chapter 17.60.020 of the LMC the Zoning Commission may not recommend
granting a land use variance:
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 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.
2. As per LMC 17.72.060 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.
STAFF SUGGESTED CONDITIONS:
If the Planning Board recommends approval of the land use variance, the following conditions are
suggested:
1. The variance shall only be allowed for the applicant and at this location.
2. The variance shall only be allowed for Medical marijuana dispensary or dispensary.
3. The applicant shall apply for a City of Laurel business license.
2
APPLICANT:
Richard Abromeit from Montana Advanced Caregivers spoke. He lives at 2105 Sage Spring Circle in
Billings and his business is located at 1101 Maggie Lane in Billings.
Richard stated that in 2011 his partner and the co-owner of Montana Advanced Caregivers, Jason Smith,
attended the Laurel city council meeting and urged council members to please be compassionate with
the state law as it was just starting to emerge. He asked the board to allow medical marijuana in laurel.
Richard went on to say that because the city council in 2011 went with the Planning Boards
recommendation of allowing medical marijuana only in Light Industrial zoning there are not any areas
available for a medical cannabis dispensary to rent or lease. These areas were already owned bythe
railroad, Fox Lumber, and Fiberglass structures and due to the federal regulations within their industry
this prevents them from renting/leasing to a business such as ours.
Richard's business, Montana Advanced Caregivers, is the city of Billings' only licensed marijuana
dispensary. They have been licensed since 2009. Currently they serve over 350 patients within the state
and are the second largest provider of medical marijuana in Montana. They have 20 patients that live in
Laurel that travel to Billings to get their medical marijuana, and another 150 patients in the outlying
areas near Laurel. The governor has SB -333 is going across the governor's desk. He is either going to
veto it or sign it. SB -333 would enact a taxable fee system and put some heavy regulations on larger
providers. Smaller providers don't have to do a lot of the things that the larger providers do.
Richard stated that Montana Advanced Caregivers would provide safe access in Laurel and bring a lot of
foot traffic and shoppers to Laurel.
Richard stated that safety is one of their top priorities. They are good neighbors to the Billings city
operation center which is close to where they produce everything in house from seed to sale with a
commercial kitchen all under one roof. They have never had to call the police.
Richard stated they are in complete ambiguous compliance of state laws. They work with the Billings
Fire Department, Code Enforcement, City council and the Billings Police Department and all
departments have taken a tour of the business. They have allowed the departments to take photos of
every room.
Richard continued to say they are big on safety at the business. They have security cameras and every
customer must be buzzed in to enter the building. Their employees are trained to watch the parking lots
and people's behaviors.
Richard went on to say they do not want medical marijuana to become black market marijuana. If
people are doing those kinds of things in their parking lot they send those people's cards back to the
state and mark them "deference questionable". They also send that information back to DPHHS and
then Montana Advanced Caregivers no longer provides them with medical cannabis. in the 9 years they
have been in business, they have sent back 80 — 90 cards.
Richard went on to say they are stricter in their process than the state says they have to be. The state
says they can sell an ounce per day. Montana Advanced Caregivers allow their patients to buy one
ounce per week.
3
Richard went on to say that they give back to their community in a positive way and donate to many
different organizations. Montana Advanced Caregivers does not charge people for medical cannabis for
terminal cancer patients. This is another way they give back to the community.
Richard has worked and lived in Laurel since 1988. His children went to school in Laurel and he worked
for Montana Rail Link until he had a severe back injury. He was on the Board of Directors for the Laurel
Rod and Gun Club and served on the board for SEG Credit Union. Montana Advanced Caregivers believe
that you give back to a community where you live and work. His business has long set standards and is
not just a pot store. They provide precision based care. He invited the board and audience to come and
take a tour of his business in Billings. Dr. Uphues is the medical doctor at Montana Advanced Caregivers
and does precision based medicine. Dr. Uphues works with each patient on correct dosing so that each
patient can get the best care possible.
Richard introduced Dr. Michael Uphues and asked him to speak.
Dr. Michael Uphues states he lives at 3600 Maritime Drive in Billings, Montana. He has been in practice
for 22 years. He is a board-certified family practice physician and sees patients with all different types of
issues who require different treatments. He has spent most of his years on the Fort Peck Indian
Reservation. He became interested in cannabinoid medicine in 1998 because he had a cancer patient
that was coming down to Billings for chemotherapy treatments and the only thing that would relieve his
symptoms after chemo was using cannabis. The patient was pulled over one time coming home and
they through the book at him for using cannabis. After spending thousands of dollars on lawyers fees he
finally got out of the charges. Dr. Uphues thought that was a very heavy handed way of dealing with a
patient that was that sick and obvious using cannabis for medicinal reasons. Dr. Uphues then did some
research and became certified in cannabinoid medicine in California. The way they treat patients will
vary. It is not a matter of signing patients up with a medical marijuana card so they can go out and just
pick what you like off the shelf. That doesn't happen in his clinic. The way it works is that he prescribes
different doses of pills that contain cannabis to different types of patients with varying diseases. For
patients that are children it works differently and they use a different part of the cannabis plant and a
different dose.
Dr. Uphues stated that no one has ever died from an overdose of cannabis in the entire history of
mankind. Seventy-nine people in this country die every day from prescription overdoses of opiates.
Dr. Uphues stated cannabis was in over the counter products in this country from 1864 to 1941. What
did away with it was the marijuana tax act of 1937 which had more to do with the commercial hemp
industry than medicinal cannabis. Medicinal cannabis got caught in the cross hairs and was then made
illegal.
PROPONENTS:
Jason Smith who lives at 4515 Palisades Park in Billings Montana spoke. He is a co-owner of Montana
Advanced Caregivers.
Jason came to the Laurel city council meeting in 2011 and tried to get the message across that new law
on medical marijuana was passed out of compassion. The air shifted once money was brought into the
scenario. What they are asking for is just a 1500 square variance which is not much unless you are the
predicament where you need that (medical cannabis). He came to Montana thinking it was a get rich
4
quick business. But after he helped somebody that had been given 2 weeks (to live) and you spend two
years with that person holding their hand and hugging you can't put a price on that. That 1500 square
feet can make the difference to people. The law was built out of compassion and Montana people
voted for it. The community of Billings accepted their business. His company is built on ethics and they
have been successful because of that.
Brandon Arthur of S01 2nd Avenue in Laurel spoke. He supports the variance for the location based on
the proximity of the original ordinance that was placed in 2011 and for the opportunity of this business
to apply for a medical marijuana permit and business license for the city of Laurel.
Richard Giesepie of 77 S. Whitehorse Bench Road in Laurel Montana spoke. He has been at that address
since 1992. Richard's wife was diagnosed with ovarian cancer 12 years ago and had a tumor the site of a
baseball. They could not get medical marijuana that the oncologist recommended but was not
available. He had to go purchase marijuana illegally. He asked that it be made available.
President Siegrist read a letter of support from James Horning of 101 W. Railroad in Laurel Montana.
(see attachment A).
Jean Lucas who lives at 2705 Sage Springs Drive in Billings Montana spoke. She is Richard Abromeit's
wife and she works in the medical marijuana industry. She is a registered pharmacist in Idaho,
Washington and Oregon. She came from a traditional background as far as medicine goes. Evenwith
Richard's education she was very skeptical of cannabis because when people talk about it they say "no
way and no how". Now with her education of cannabis she has seen miracles happen everyday and sees
it help people in many ways. This is not the pot that everyone grew up with. It is a medicine and it
should be treated as such. It is not for children and it should be locked up in the medicine cabinet like
every other medication. It is a very useful thing and has helped the community of Billings. She hopes
the board will give them a chance as it will help Laurel's community thrive.
Tami Zeglis of 3600 Marathon Drive in Billings spoke. She has been a nurse in Montana for over 30
years. If you would have told her 10 years ago that she would be helping people obtain medical
cannabis she would have laughed at you. She grew up in the Midwest in a traditional family. She has
seen wonderful miraculous things with cannabis patients. She has seen and done studies with patients
she has given medical cannabis to in nursing homes. She has seen how well patients react to medical
cannabis, especially her cancer patients. They get relief. Parkinson patients don't shake anymore when
they use medical cannabis. It's been a good experience for her.
Tami went on to say that she has study alternative medicine in the past and traveled all over the state of
Montana. She has seen many dispensaries across the state and Montana Advanced Caregivers is by far
the most secure, most strict rules and well run facility. They do not advocate smoking marijuana and
prescribe mostly edibles and capsules that can be measured. She asked the board to contact her with
any other questions. She has business cards.
President Siegrist asked if there were any other proponents wishing to speak in favor of the variance.
There was none.
5
OPPONENTS:
President Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the
variance. There were none.
President Siegrist read a letter of opposition from Square One Cabinets located at 210 S. Washington
Avenue in Laurel Montana. (Attachment B)
Noel Eaton stated that the variance request is only for a medical marijuana dispensary and not for
growing marijuana. The zoning does not allow for a grow operation.
President Siegrist closed the public hearing at 10.32 am.
A motion was made by Judy Goldsby and seconded by Dan Koch to recommend approval of the
application for variance along with the staff findings and suggested conditions.
BOARD DISCUSSION:
Gary Colley stated that the building at 204 S. Washington was designed for storage units and not retail
operations. He sees a conflict with there not being enough parking for the business as they need 8
parking spaces to comply with city parking requirements.
Dan Koch asked how the other tenants of the building feel about this type of business.
Noel stated all the tenants were notified by letter and she has not heard any comments back except for
Square One Cabinets at 210 S. Washington.
Noel stated that this property is zoned Highway Commercial property and does allow certain types of
retail businesses. She also stated the parking issue will be reviewed prior to the business receiving a
building permit, if the variance is approved by the city council.
Lee Richardson stated he talked with the owner of the property Dean Rankin regarding the proposed
business. Owners Dean Rankin and Steve Solberg toured Montana Advanced Caregivers business in
Billings and expressed that they were impressed with how well the business is run. Lee also talked with
Rob Harris who manages Fiberglass Structures located across the street and he is not in favor of the
variance. He also chatted with Chief Musson from the Laurel PD and was told that the police department
is only concerned with following state law. Lee went on to say that he knows medical marijuana has a
place for medicinal issues but he is not in favor of approving the variance in that building.
At this time the board discussed the seven (7) criteria in L.M.C. 17.60.020 as it relates to this variance.
3'. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property;
All members of the board agree that it meets this criteria.
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
All members of the board agree that it meets this criteria.
3. Unless the basis is something more than mere financial loss to the owner;
All members of the board agree that it meets this criteria.
4. Unless the hardship was created by someone other than the owner;
N
All members of the board agree that it meets this criteria.
5. Unless the variance would be within the spirit, intent, purpose, and general plan of this title;
All members of the board agree that this meets this criteria.
6. Unless the variance would not affect adversely or injure or result in injustice to others; and
All members of the board agree that it meets this criteria because there was only one
opponent.
7. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
All members of the board agree that it meets this criteria because the property will be
purchased by the applicant.
At this time President Siegrist asked for the vote on the motion to recommend approval with staff
findings and conditions. The motion carried by a vote of 5 in favor and 2 against (Richardson & Colley).
OLD BUSINESS:
Regal Community Park was approved.
The annexation of 202 81' Avenue was approved_
The Special Review for Town and Country located on W. Main was approved.
MISCELLANEOUS:
a) The next meeting will be June 1, 2017 at 10:00 am.
bj Planning Grant to create a Master Plan for Riverside Park.
Noel asked if there were any board members wanting to be on the committee to create a
master plan for Riverside Park. Roger Giese and Judy Goldsby volunteered.
PUBLIC COMMENT ON NON -AGENDA TOPICS: There was no public comment.
ADJOURNMENT: A motion to adjourn was made by Judy Goldsby and seconded by Dan Koch. The
meeting was adjourned at 11:00 am.
Respectfully submitted,
Cheryll Lund, Secretary
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chron c p,iin throu ;htnri her balm FAW has Kjown: A, p"knNs to lie _1lhmml W purchase
riedlical nk'.rituana tl'3I' her paiii Immise the modications prescribed 1-)1her 4k1C'tt>rs 11,1vC
prcivc:l i:Ielfi,clive. 111mu1julut her juu_muy've Juve Incl, Inony I1ropk:, fighting the some
fig ht. Vete stmw w thou i,ledic d in-arijuana has been o blessin„ that har, 111101%_I d thein 10
Ie;,ain a inure norl-n ll life.
Nl,,ntan'I Adv"Imi 1.1 i;arogivers has been a part of Me Lh hqy husinms nimmunRy tur runny
°cars. "ATiv n,A Lauivi? Please ;jive hich llh� allasunity .
`inc-Irt�lt',
hopid 11rc
SQ
t
Square One Cabinets
210 South Washington Ave
Laurel, MT 59044
Ph: (406) 628-8443 1 Fax: (406) 628-8878
-
-
1
April 26, 2017
City of Laurel
City County Planning Board
115 W First Street
Laurel, MT 59044
Re: Zoning Variance for Medical Marijuana Dispensary
I received your letter stating a zoning variance has been requested for a medical
marijuana dispensary at 204 South Washington Avenue.
I am against this zoning variance because of security concerns resulting from this
type of business. We have outside material storage and I am concerned that if
this business is allowed, the security for the neighborhood would greatly diminish.
The letter states that the variance is for a medical marijuana dispensary but I feel
that the next step would be medical marijuana growing operations. Where does it
end?
I realize that this area is a commercial area, but unless the City of Laurel is
prepared to provide increased security at their expense, such as street lights and
increased police patrols, I don't feel that this variance should be approved.
Sincerely,
George Graham,
President
t
Chapter 17.40
OFF-STREET PARKING
REQUIREMENTS
Sections:
17.40.010
Applicability of
provisions.
17.40.020
Location specified.
17.40.030
Expansion and
enlargement to be
provided for.
17.40.040
Nonconforming uses
allowed.
17.40.050
Mixed occupancy
requirements computed
separately.
17.40.060
Use not specified—
Determination dependent
on requirements.
17.40.070
Joint use authorized
when.
17.40.080
Conditions required for
joint use.
17.40.090
Off-street parking
equirements—
requirements—
Procedure—
Procedure--
Specifications.
Specifications.
17.40.100
Retail and commercial
off-street loading.
17.40.110
Warehouse and wholesale
off-street loading.
17.40.120
Screening around
parking facility required
when.
17.40.130 Landscaping
requirements.
17.40.140 Construction permit—
Requirements—
Procedure.
17.40.150 Cash in lieu of required
parking spaces.
17.40.010
17.40.010 Applicability of provisions.
There shall be provided at the time of erec-
tion of any building or structure minimum MY -
street parking accommodations meeting the
provisions of this chapter. (Ord. 800 (part),
1985; prior code § 17.76.010 (part))
17.40.020 Location specified.
Off-street parking facilities shall he 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 shalt he improved as re-
quired by Sections 17.40.080 and 17.40.140.
A. For one- and two-family dwellings, off-
street parking is required on the same building
site with the building it is required to serve.
B. For multiple dwellings, retirement
homes, lodging and boardinghouses, etc., off-
street parking is required within the walking
distance of one hundred feet,
C. For hospitals, sanitariums, convalescent
homes, nursing homes, rest homes, homes for
the aged and asylums, off-street parking is
required within six hundred feet for employ-
ees and three hundred feet for visitors.
D. That portion of the city zoned central
business district (CBD) shall not have any off-
street parking requirements; provided, hovr-
ever, that the owners of expanded or new
structures must consider the off-street parking
needs of their projects.
E. For uses other than those specified
above, off-street parking within four hundred
feet is required. (Ord. 05-11.2005; Ord. 927,
1987: Ord. 800 (part), 1985; prior code
§ 17.76.010(A))
4 1 5 (IAurd Supp. No 4. 4.016)
17.40.030
17,40.030 Expansion and enlargement
to he provided for.
Whenever any building is enlarged in
height or in ground coverage, off-street park-
ing shall be provided for the expansion or
enlargement in accordance with the require-
ments of this chapter: provided, however, that
no parking; space be provided in the case of
enlargement or expansion, where the number
of parking spaces required for such expansion
or enlargement is less than ten percent of the
parking; spaces required for the enlarged facil-
ity as specified in this chapter. Nothing in this
provision shall be construed to require off-
street parking; spaces for the portion of such
building existing at the time of passage of the
ordinance codified in this chapter. (Prior code
§ 17.76.010(13))
17.40.040 Nonconforming uses
allowed.
Nothing in this chapter shall be deemed to
prevent the voluntary establishment of off-
street parking or loading; facilities to serve any
existing; use of land or buildings even though
nonconforming, provided, that all regulations
herein governing the location, design, and op-
eration of such facilities are adhered to. (Prior
code § 17.76.010(Q)
17.40.050 Mixed occupancy
requirements computed
separately.
In the case of mixed uses, the total re-
quirements for the various uses shall be com-
puted separately. The total requirements to be
the sum of the area computed. Off-street park-
ing; facilities for one use shall not be consid-
ered as a substitute for joint use. (Prior code
§ 17.76.010(1)))
(I.:mr¢I Supp. No 4.4-06) 416
17.40.060 Use not speciGed—
Determination dependent on
requirements.
In the case of a use not specifically men-
tioned in the Table of Minimum Standards,
the requirements for off-street parking facili-
ties shall be determined by the building offi-
cial. Such determination shall be based upon
the requirements f'or the most comparable use
listed. (Prior code § 17.76.010(E))
17,40.070 Joint use authorized when.
The building official may authorize the
joint use of parking facilities for the following
uses or activities under conditions specified.
A. Up to fifty percent of the parking facili-
ties required by this chapter for primarily
nighttime uses such as theaters, bowling al-
leys, bars, restaurants, and related uses herein
referred to as daytime uses such as banks, of-
fices. retail, personal service shops, clothing,
food, furniture, manufacturing or wholesale
and related uses.
B. Up to one hundred percent of the
r,
101_�N
n parking facilities required by this sec-
tion for a church or for an auditorium
incidental to a public or parochial
school, may be supplied by the off-
street parking facilities provided by uses
primarily of a daytime nature. (Prior
code § 17.7.6,010(F))
/,-.,N
17.40.080 Conditions required for joint
use.
The building or use for which applica-
tion is being made to utilize the off-street
parking facilities provided by another build-
ing, or use, shall be located within five hun-
dred feet of such parking facilities, in addi-
tioll to which:
A. The applicant shall show that there
is no substantial conflict in the principal
operating hours at the two buildings or uses
for which joint use of off-street parking
facilities is proposed;
B. The applicant shall present to the
building official a legal agreement executed
by the parties concerned for joint use of
oft-strcet parking facilities. (Prior code
§ 17.76.010(G))
17.40.090 Off-street parking
requirements—Procedure—
specifications.
Except as provided elsewhere in this
chapter, no application for a building per-
mit or certificate of occupancy in any zone
shall be approved unless there is included
with the plan for such building, improve-
ment or use, a site plan showing the re-
quired open space designated as being; re-
served for off-street parking incident to such
building, improvement, or use, in accor-
dance with this section. No certificate of
occupancy shrill be issued until the required
off-street parking spaces have been pro-
vided. Each required off-street parking space
should be of an arca at least ten feet wide
and twenty feet long, not including the re-
17.40.090
quired ingress and egress approaches and
driveways also required by this code. How-
ever, at a rninimum, each off-street parking
space shall conform to the: size and layout
standards set forth in the Table of Parking
Dimensions in Feet, attached to the ordi-
nance codified in this chapter and on file in
the office of the city clerk -treasurer and
incorporated by reference as though set out
in full. Off-street parking oil the street side
of properties shall be paved with an all -
weatherproof surface of concrete or as-
phalt. Off-street parking on the alley side of
properties shall also be paved with an all -
weatherproof surface material unless the
city street and alley committee and the build-
ing official gives approval in writing of a
different surfacing material. The number of
off-street parking spaces shall be provided
according to the fbllowing minimum require-
ments:
A. Dwellings.
1. Single-family and two-family dwell-
ings — Two spaces for each dwelling unit,
2. Multiple -family dwellings — One
and one-half spaces for each dwelling unit,
3. Reserved.
H. Room inghouses. One space fiu each
two sleeping rooms rented, plus one addi-
tional space for the owner or operator of
the roominghouse;
C. Hotels, including Clubs. One space
fbr each two guest rooms; if, in addition to
sleeping rooms, patrons or residents are pro-
vided with assembly halls, bars, restaurants,
nightclubs, retail shops, service establish-
ments or other businesses, additional off-
street parking spaces will be required for
such other uses in accordance with the reg-
ulations of this Section for such uses;
D. Tourist Homes, Motel. One space
for each guest room or cabin; off-street park-
ing for auxiliary uses in the same building
or on the same lot shall be provided in
accordance with the regulations set forth in
417 Supp No. 7
1'.40.090
this section for such uses. For tourist homes
there trust be provided in addition to off-
street parking space for guests, one addi-
tional space for each family permanently
residing in the building;
E. Hospitals. One space for each two
patient beds; plus one additional space for
each two regular employees, including
nurses;
F. Restaurants, etc. Restaurants, in-
cluding bars, taverns, nightclubs, lunch
counters, diners and all other similar dining
and drinking establishments - One space
for each four seats provided for patron use,
or one space for each one hundred square
feet of floor area used for patron use which-
ever requirement is greater;
G. Theaters. One space for each five
seats provided for patron use;
H. Places of Public Assembly. Places
of public assembly, including private clubs,
lodges and fraternal buildings not provid-
ing overnight accommodations, assembly
halls, exhibition halls, convention halls, au-
ditoriums, skating rinks, dancehalls, bowl-
ing alleys, sport arenas, stadiums, gymnasi-
ums, amusement parks, racetracks,
fairgrounds, circus grounds, churches, fu-
neral homes, and mortuaries, community
centers, libraries, museums, and all other
similar places of relatively infrequent pub-
lic assembly –One space for each ten seats
provided for patron use, or one space for
tour hundred square feet of gross floor area
used or intended to be used for service to
the public as customers, patrons or clients,
whichever requires the greater number of
parking spaces,
1. Medical Facilities. Medical clinics,
including the offices of doctors, dentists
and drugless physicians — Three spaces for
each doctor using the office or clinic, plus
one additional space for each two regular
employees, including nurses;
J. Retail Establishments. Retail estab-
lishments including personal service shops,
equipment or repair shops:
1. In a NC. CBD and HC commercial
district — One space for each two hundred
square feet of floor area on the ground
floor, plus one space for each four hundred
square feet of floor area in the basement or
any story above the ground floor;
2. In a CC commercial district: One
space for each two hundred square feet of
floor area;
K. Office Buildings. Office building,in-
eluding commercial, governmental and pro-
fessional building, except as otherwise pro-
vided for in this section: One space for each
four hundred square feet of floor area,
L. Wholesale, Manufacturing and In-
dustrial Plants. Wholesale, manufacturing
and industrial plants, including warehouses
and storage buildings and yards, public util-
ity buildings, contractor equipment and lum-
ber yards, research laboratories, business
service establishments such as blueprinting,
printing and engraving, soft drink bottling
establishments, fabricating plants and all
other structures devoted to similar mercan-
tile or industrial pursuits --- One space for
each employee plus sufficient space to park
all company-owned or leased vehicles in-
cluding passenger cars, trucks, tractors, trail-
ers, and similar motor vehicles, but in no
case less than one off-street parking space
for each one thousand square feet of gross
floor area;
M. Terminal Facilities. Terminal facil-
ities including airports, railroad, passenger
and freight stations, bus depots, truck ter-
minals and all other similar personal or
material terminal facilities — Off-street
parking space in an amount determined by
the board of adjustment to be adequate to
serve the public as customers, patrons and
visitors, plus space to provide one off-street
parking space for each two regular employ -
418 Supp. No, 7
w
r1
ees, plus space to provide off-street parking
for all owned, leased or operated commer-
cial vehicles, buses and similar motor vehi-
cles.
N. Schools. Schools, i ncl ud i ng colleges,
elementary schools, junior and senior high
schools, including public, private and paro-
chial schools One space for cacti two
staff members or employees, plus one space
for each classroom, plus additional space
for any place of public assembly in accor-
dance with the requirements set firth in this
section for such use:
O. Miscellaneous Institutions. Sanitar-
iums, asylums, orphanages, convalescent
homes, homes for the aged and infirm, and
similar institutions --- One space for each
four patient beds, plus one additional space
for each staff doctor, plus one additional
space for each two regular employees includ-
ing nurses. (Ord. 06-12 (part), 2006; Ord.
O6,06 (part), 2006; Ord. 97-2 § 4 (part),
1997; Ord. 96-5 (part), 1996; Ord. 9113, 1987;
prior code § 17.76.010(H))
(Ord. No. 009-02, 3-17-09)
17.40.100 Retail and commercial
off-street loading.
In any district, any building or part
thereof having a gross Moor area of ten
thousand square feet or more which is to be
occupied by a use requiring the receipt or
distribution by vehicles of material or mer-
chandise, there shall be provided and main-
tained on the same lot with such building at
least one off-street loading space, plus one
additional loading space for each twenty
thousand feet or major fraction thereof of
gross floor area. Each loading space shall
be not less than twenty Feet in width, twenty-
five feet in length, and IbUrteen feet in height.
The loading space shall be located so as to
preclude backing maneuvers on the public
right-of-way. (Prior code § 17.76.010(1))
419
17.40.130
17.40.110 Warehouse and wholesale
off-street loading.
Off-street loading space for warehouse.
wholesale shipping and similar facilities will
be determined by the city engineer. The
loading space shall be located so as to pre-
clude backing maneuvers on the public right-
of-way. (Prior code § 17.76.0f0(J))
17.40.120 Screening around parking
facility required when.
Screening in the form of walls, architec-
tural fences or dense coniferous hedges shall
be required where any parking facility ltas a
common boundary with any residentially
zoned property. (Prior code § 17.76.010(K))
17.40.130 Landscaping requirements.
In the neighborhood commercial lim-
ited (NCL), neighborhood commercial
(NC), community commercial (CC), and
highway commercial (HC) zoning districts,
landscaping shall be provided according to
the following schedules:
A. New Site Development:
Percentage of Landscaping Required:
Up to 22,000 sq, ft.
I (No minimum
22,000 sq. ft. to 5
acres
81l) minimum
5 acres to 10 acres
6% minimum
over 10 acres
414, minimum
B. Existing Site Development: Build-
ing additions in excess of fifty percent -
Percentage of landscaping required one-
half of new site development. Building ad-
ditions less than twenty-five percent -- No
landscaping required.
The building official shall determine that
existing site development does not substan-
tially alter the use of the property before
approving reduced landscaping require-
ments.
C. Landscaping arca shall be based on
the square footage of the lot or lots less the
square footage of the building or buildings
Supfi. No. 7