HomeMy WebLinkAboutCouncil Workshop Minutes 01.29.2019MINUTES
CITY OF LAUREL
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A Council Workshop was held in the Council Chambers and called to order by Mayor Tom
Nelson at 6:30 p.m. on January 29, 2019.
—x— Emelie Eaton
Heidi Sparks
Bruce McGee
—x—
x Richard Herr
Scot Stokes
x Iry Wilke
Richard Klose
x Bill Mountsier
OTHERS PRESENT:
Matthew Lurker, Chief Administrative Officer
Kurt Markegard, Public Works Superintendent
Stan Langve, Chief of Police
Public Input:
There was none.
General Items
1. Appointments to the Laurel Volunteer Fire Department
Amee Patrick
Ryan Robertus
Bridger Fournier
Levi Klamert
Steven Hiller
2. Appointments to the Laurel Volunteer Ambulance Service.
Mariah Haugen
David Jackson
Boady Harper
Bryanna Ruskanen
Fire Chief Peters introduced all Fire/EMS appointments. He stated that Amee Patrick had pulled
her name from this appointment.
This appointment will also add four ambulance drivers. All four are currently taking the class to
become an EMT.
It was questioned how many members these appointments will bring the numbers up to.
These appointments will bring the Laurel Volunteer Fire department to 40 out of 45 slots. These
appointments will bring the Laurel Ambulance Service to 15 out of 30 slots.
Mayor Nelson stated he has noticed an increase in calls and has noticed the response of the
Ambulance Service has increased.
Fire Chief Peters gave Council a brief overview of the December calls. Fire responded to 38 calls
Ambulance responded to 81 out of 84 calls.
2. Public Hearing: Annexation and Initial Zoning Request from Goldberg Investments for
Residential Light Multi -Family on Nutting Brothers 2nd filing Lot 18 and Nutting
Brothers 3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers
3rd Filing.
Mayor Nelson asked Forrest Sanderson and Kurt Markegard to present the item. A map of the
location was put up on the screen for Council to view, see attached.
There are two actions before the Council, annexation, and zoning. Montana law allows those
requests to be made concurrently. The Council packets have the complete applications, Planning
Board recommendations and the use regimen from the Laurel code.
City/County Planning Board held a fon-nal public hearing, minutes attached and thoroughly
reviewed these request. It was clarified that the annexation request must occur first. If the
annexation is not passed, then by default the zoning request has died. Annexation is purely at the
discretion of Council. Annexation needs to offer a benefit to both the City and the developer. In
order for a property to be considered for annexation the property must be adjacent to the City of
Laurel, over one city block (2.06 acres), and that the property owner has submitted or authorized
the annexation request. The annexation and zoning are consistent with the 2013 Growth Policy.
The application submitted was a very comprehensive approach. The development plan is
expected to also be comprehensive. The recommendation from the City/County Planning Board
is that Council does consider a favorable consideration to the request.
Zoning is also discretionary. The requested zoning is the prevailing zoning in the area. To assign
zoning, there is a 12 -point test that must be considered. Those are listed in the report and will be
read at next week's Public Hearing. All conditions are favorable. The City/County Planning
Board did recommend the applications with three conditions; those conditions are listed in the
zoning report which is attached to these minutes. There were some questions about a County
park; these questions will be addressed before the Public Hearing.
It was questioned if both annexation and zoning are required to do the other. It was clarified that
zoning could not proceed without annexation, but that Council can change the type of zoning.
Members of Council stated they would like a clear idea of what the zoning actually includes (The
packet contains the RLMF and CC zoning district). That in the past it had not been clear. Council
was encouraged to read the Planning Board minutes. Some of those types of questions were
asked and addressed during the Planning Board meeting. The packet does address business and
lot coverage and should be able to answer some of those types of questions as well. If both the
annexation and zoning pass, the next step will be subdivision approval.
The proposed schedule was given to Council. January 29, 2019, Council will be introduced to the
annexation and zoning requests. February 5, 2019, Council will conduct a Public Hearing.
February 12, 2019, this topic will come back to Council at Workshop to discuss any further
questions they may have prior to making a decision. February 19, 2019, the item is voted on.
Executive Review
3. Resolution to approve the Planner Agreement
There were a number of applicants that were weeded down to the final three. There were no local
candidates. The interviews were done by Skype. Part of the interview process was an exercise.
The candidates were given a real-world example, the recent Vue and Brew request, and asked to
review the application, give a written recommendation, and give a PowerPoint presentation. This
gentleman stood out both on paper and in his interview. He is currently located in New
Hampshire and was looking for an opportunity to come to Big Sky Country. He is currently
working for a private company and focuses on economic development, solid waste, and
transportation plans and programs. He does have experience in land use and property
management. The packet lists his first day as February 6th; he has requested a start date of
February 19th. This agreement is a four-year term. This is to help retain an individual for longer
periods of time.
4. Laurel BK Lot Access
Please see the attached map. The owners of properties A and B paid for improvements in the red
area. Owner C is trying to sell the BK property and needs to be part of this agreement. Owner C
has paid their share of $30,000 to have access to the area in red. This should assist in the sale of
the BK property.
It was questioned if this was a street. It was clarified that the City has an encroachment easement
on this property. There is City property behind the BK property.
LURA did provide grant assistance for these improvements. This resolution is to include Owner
C (Rimrock Chevrolet) to the agreement.
5. A Resolution of the City Council authorizing the release of funds from the Tax
Increment Financing District fund for facade improvements and signage for the
property located at 117 West Main Street, Laurel Montana
This was the resolution that was pulled from the last meeting. The clerical error has been fixed,
and the requested spreadsheet has been distributed to Council. This spreadsheet will only show
the small grants, see attached.
It was questioned why the start/end dates were not filled in, it was further questioned if the
LURA grants are a reimbursement process. It was clarified that those dates will be filled in and
that the LURA grants are a reimbursement process.
It was questioned why there are dollar amounts listed next to each grant name. It was clarified
that those are the maximum dollars that can be awarded. In this case, the building is historical
and is eligible for additional funds. It was requested a column be added to this document
explaining why a larger sum was being approved.
Council Issues
6. Nuisance Barking Dogs
Mayor Nelson stepped down to give testimony and requested Council President Eaton to run the
meeting for this item only.
Joshua Anderson, 1115 E. 6th Street, stated he had filed a nuisance dog complaint and that this is
an ongoing issue. He was originally told that the owners were cited, they were not and the
barking has not ceased. Mr. Anderson stated he was accused of making false police reports and
was told if he continued, he would be in trouble.
Joe Anderson, 511 Wyoming Avenue, stated that he is Joshua's twin brother and spends a lot of
time at his home. He stated that they are unable to watch tv without hearing the dogs barking. He
stated his brother has tried to resolve the issue with the owner of the dogs.
Tom Nelson, 524 Elm Avenue, stated he had witnessed the police at the complainant's home. He
has heard the dogs barking, but that there are a street and a house between the dogs and his
home.
It is unknown if the animals are registered with the City. Mr. Anderson moved into his income
property, attached to the main home, to get away from the barking.
Police Chief Langve gave a brief update to the complainant that their complaint from the 9`h has
been forwarded for prosecutorial review. He is unable to speak about specifics because this
instance is under review. He further clarified that if any resident feels their complaint was not
handled satisfactorily, they can speak with the Police Chief to have the instance reviewed.
Police Chief Langve took the opportunity to educate those in attendance on what the officer does
when investigating a complaint. Officers need to witness the issue themselves. If they do not
directly observe the behavior, they may attempt to determine if others in the neighborhood are
also calling in the same complaint. Officers need to give due process. They will contact the
accused and would like to find a solution. The first offense fine is $100, second offense is $300,
and the third offense is $500. There is the potential that the animal may need to be euthanized.
He read code LMC 6.16.030 into the record.
In this instance, the Police Chief reviewed the case and did not find any fault on procedures.
It was questioned if there were any citations. It was clarified there was not a citation, but that the
case has been sent to the prosecutor because a formal statement has been made.
It was questioned if it is standard procedure to ask for licensure. It was clarified that this could be
part of the procedure and needs to be enforced.
It was questioned if the officer was aware of the licensing issue. It was clarified that they were
unaware of the licensure.
It was questioned what the process is moving forward. It was clarified they can contact the City
Attorney on the status of the case. Each call is its own complaint. They can continue to make
reports; however, the officer will need to observe the issue.
Mr. Anderson stated he was told they do a five-minute site listening for the dogs to bark. He felt
this was not enough time.
Mr. Nelson stated that he uses a bark collar to keep his own dogs from barking on a regular
bases.
It was questioned if there were other neighbors complaining as well. It was unclear if anyone
else has made a complaint.
Other Items
None.
Review of Draft Council Agendas
Draft Council Agenda 2.5.2019
Mayor Nelson will be gone Council President Eaton will conducting the meeting.
A Council Member had been asked by a constituent if the ice on the sidewalk on the underpass
will be cleaned out. It was clarified that it is a State highway and State will clean it out.
Attendance at Upcoming Council Meeting
All present will be in attendance.
Announcements
At the last Public Works Committee meeting there was discussion regarding the Mayor's
announcement of the project located on Idaho, Ohio, and Washington between Main Street and
East lst Street being put on hold for up to three years to research possible LURA funding options.
Mayor Nelson stated an update would be brought forward on the February 26th Workshop.
Recently the State had visited the City regarding the West Railroad Project. There is not enough
Urban funds to fully fund the project. Either the City has to downsize the project, put the project
on hold, come up with the shortfall, or a combination of these options. Public Works Committee
was told staff recommendation was putting the project on hold. Council asked how this project
would proceed and not be forgotten. Mayor Nelson stated an update would be given on February
26th.
8. Employee/Volunteer Recognition:
Mayor Nelson stated he would not be reading each naive anymore. The volunteers will be
included from here on out. Still working on getting the Reserves and Volunteer Ambulance
Service years of service. They will be added to future agendas.
Employees:
Stan Langve 19 years on the 5th Police
Kurt Markegard 14 years on the 3`d Public works
Julia Torno 1 year on the 17th Library
Volunteer:
Rick Gallegos
20 years on the 201h
Fire
Corey McIlvain
15 years on the 24`"
Fire
John Beck
1 year on the 16th
Fire
Jayson Nicholson
1 year on the 16th
Fire
Jesse Gee
1 year on the 19th
Fire
The council workshop adjourned at 7:59 p.m.
Respectfully sub 'tted,
60YBrittney Moo
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
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MINUTES
CITY OF LAUREL
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The
diaration 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.
General Items
1. Public Hearing: Annexation and Initial Zoning Request from Goldberg Investments for
Residential Light Multi -Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers
3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing.
Judy read the rules for the Public Hearing. Forrest Sanderson the contract City Planner
introduced the agent representing the property owners, Scott Aspenlieder PE from Performance
Engineering 609 29' Street. Scott informed the public hearing of the proposed annexation and
initial zoning for Nutting Brothers Subdivision 2nd Filing Lot 18 and Nutting Brothers
Subdivision 3`d Filing lots 19-24 all Residential Light Multi-Family(RLMF) and on Lot 25 of
the 3'd Filing of Nutting Brothers Subdivision for Community Commercial. Scott said that there
will be no deviations to their request for the zoning that the City currently has in the area. Scott
said that there will not be any mobile homes on the property like what was proposed in an
earlier annexation and zoning request. The zoning request will allow for single family homes
and some commercial activity off of Yard Office Road. In the future, Scott said that a
subdivision review will come later if the annexation and zoning is granted. Scott said that this
request is in line with the neighbors desired the last time this property was proposed for
annexation and zoning. Scott stated that no mobile home will be placed on the land. Ron
Benner ask about the low density statement and the difference between the low density and high
density. Forrest stated the density is medium to high in the Residential Light Multi -Family
zoning. Forrest stated that the density would be moderate designation versus the low density.
Forrest asked Scott that the proposal is for moderate density and will not be turned into a
Planned Unit Development in the future. Scott stated that there is no plan for any deviations of
the proposed zoning request. Jon asked what is the density for RLMF and Judy stated that it is
in the packet. Forrest stated that for one unit they need a 6,000 square feet, 7,500 for two units,
8,500 for three, and 10,000 square feet for four units. The limit is maxed at four units and the
lot coverage is forty percent. The difference between this zoning and Multi- Family (MF)
zoning is that RMLF zoning limits the lots to a four plex and under the MF zoning you could
build larger than a four plex as long as you have the land area needed under lot size limits. Ron
stated that the Growth Management Policy adopted by the City lists the proposed zoning as high
density. Ron stated that the other issue with the previous request was not the mobile homes but
the traffic. Scott stated that the last request was about the mobile home designation in his
opinion. Forrest stated that the last request doesn't matter today and only what is being
presented today. Subdivision review will be in the future and that will have its own hearing.
Ron asked about the Commercial zoning request and Forrest said that it this zoning allows for a
diverse allowance for businesses that work with the Residential Districts. The district is
compatible with moderate density zoning standards.
Forrest stated that the City is statutorily required to have the public hearing on both requests of
annexation and zoning and Forrest is suggesting lumping together both requests because if
annexation is denied then the zoning request is mute. Forrest stated that the City has an
Annexation Policy and this property is adjacent to the City and is larger than the minimum acres
needed for annexation. Staff submits that this is the type of annexation that the City has desired
through the Annexation Policy. The request is in line with the 2013 Growth Management Plan
and public infrastructure. The executed Special Improvement District Waiver is included. The
required Fees were submitted. The adjacent right of ways will also need to be annexed. The
annexation will also have to include an annexation map. Staff recommendation is to approve
the requested annexation by the Planning Board.
Forrest stated that the RLMF and the CC zoning are applicable zoning districts assign by the
City of Laurel. Forrest stated there is no deviations of the requested zoning. Forrest finds that
the zoning is in compliance with all the regulations of local and state laws. Forrest's report is
attached to these minutes that goes through the required zoning and annexation statutorily
requirements. This report was presented to the public in an overhead projector. In Forrest's
report, the findings support approval of the zoning an annexation with the conditions that are
contained in the staff report.
Forrest asked the Planning Board members if there were any more questions and the Planning
Board did not have any more questions. Forrest read into the record that the Public Hearing
notice was mailed out to the surrounding property owners and two letters were returned. These
letters returned were to Dale and Laura Mussetter of 1920 E. Maryland Lane and Neil
Gunderson of 2024 E. Maryland Lane.
The Public Hearing was opened for Public Comment. Nancy Lousch of 1608 E. Maryland Lane
commented that the property was not listed on the Montana Cadastral Mapping as being owned
by Goldberg Investments. Kurt Markegard, the Public Works Director, informed Nancy that the
Planning Board had the ownership records in their packet and it was confirmed that they are the
recorded owners of the property being requested to be annexed. Nancy commented that the
traffic in the area needs to be addressed with the 55 lot mobile home park that is being built.
Nancy also asked how she was to get the information to make a formal protest prior to the City
Council meeting on February 5'h at the next public hearing. Forrest said that he would get her
the statutorily information at the close of this meeting. Scott Aspenlieder stated that they are
not asking for anything that doesn't comply with the zoning in the area. They will comply with
the current zoning and the rules. Scott stated that this development will fit with the
neighborhood.
Judy closed the Public Hearing as there was no other public comment.
2. Judy call for a roll call of the Planning Board
Planning Board member present Ron Benner, Jerry Williams, Jonathan Klasna, Evan Bruce,
Roger Giese, and Judy Goldsby. Forrest stated that a quorum is reached.
3. Approval of Minutes fiom 11.1.2018
Jerry motion to approve the minutes and Ron seconded the motion to approve. All members
were in favor of the minutes.
New Business
4. Recommendation of Annexation and Initial Zoning Request from Goldberg Investments for
Residential Light Multi -Family on Nutting Brothers 2nd filing Lot 18 and Nutting Brothers
3rd Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing.
Roger motioned to approve the annexation and zoning for Goldberg Investments. Jerry
seconded the motion. Judy opened up the board discussion. Ron commented about the traffic
from the commercial portion of this request. Ron read off many businesses that could be
allowed in the community commercial zoning. Ron is concerned that traffic from these types of
businesses. Jon asked Forrest what is the spacing requirements for the commercial zoning and
is it similar to the residential. Forrest said there is not a lot size requirement but there is set
backs from the street of twenty feet. There are no set back requirements from the side of the
lots, and ten feet from a side streets and also no set back requirements from the rear of the lot.
The height of any building is 25 feet and a maximum of fifty percent lot coverage. The
minimum area for this type of zoning is 2.07 acres. The RLMF zoning is similar to the
Community Conunercial in lot size requirements. Jon asked how big lot 25 in acreage is and
Forrest stated that lot 25 it is five or six acres. Ron asked if they can subdivide lot 25 into
smaller lots. Forrest stated that they would have to go through subdivision regulations and that
would come back to this board before the City Council would take action. Scott stated that lot
25 is nine acres. Ron spoke about the roads when the City annexes property and is concerned
that the city will drop the ball when it comes to connecting the roads and making the City a
livable city with connected roads. Ron stated that there are roads that have never been finished.
Ron asked Kurt if the city will do their part. Kurt explained that when the City annexes land,
the City must annex the entire road right of ways as required by state law. This does not give
the right for the City to pass a special improvement district in the area and have the County
residents pay for a portion of the costs associated of road improvement onto the county parcels.
The county residents could protest this creation of special improvement district to complete road
improvements. Most costs for road improvements are tied to the lots that are adjacent to the
roads. Ron stated that there are roads all over the city that are not paved. Kurt stated that
citizens can petition to create a special improvement district to do road improvements any time
they want to if they want the improvements. There is always the concern that if fifty one
percent of the lot owners protest the creation of a special improvement district. Forrest stated
that on these lots being considered for annexation there is a waiver of protest document so the
current property owners and any subsequent property owners cannot protest the creation of a
special improvement district. Forrest also stated that there can be a late comer agreement to
help the developer to recoup costs if other property owners would like to connect to
improvements that the developers paid for with their development.
Judy asked if there is any public comment on the discussion for the recommendation of approval
for annexation and zoning for Goldberg Investments. There was no public comment.
Judy asked for a roll call vote on the motion for approval of Nutting Brothers Subdivision
Recommendation of Annexation and Initial Zoning Request from Goldberg Investments for
Residential Light Multi -Family on Nutting Brothers 2nd filing Lot 13 and Nutting Brothers 3rd
Filing Lots 19-24 and Community Commercial on Lot 25 Nutting Brothers 3rd Filing. Jerry
said I, Ron yes, Jon yes, Evan yes, Roger yes, and Judy yes. The motion was approve with a
unanimous yes vote.
Forrest stated that there will be a Public Hearing on February 5, 2019 at the City Council
meeting at 6:30 pm.
Old Business
5. Planner Update
Matt Lurker stated that he is completing back ground references for two applicants and he is
hoping that the City will have a planner in the next month. Matt stated that he would like a
recommendation to the Mayor in the next few weeks.
Other Items
6. Ron asked for information to be sent out sooner so that they have a chance to review the
documents prior to the meeting. Kurt stated the information was sent out a week prior to
the meeting except for the zoning allowances from the Laurel Municipal Code. Kurt also
stated that the board should have a book with the regulations. Kurt stated that the new
board members probably have not had a chance to get all the information they need to
understand all the regulations. Kurt stated that there probably should be a review of the
regulations with the Planning Board members in the near future. Forrest stated that there is
a booklet that has been created by the State that has the subdivision and annexation
regulations laws in this booklet.
Announcements
7. Next Meeting: February 7, 2019.
8. Judy asked for a motion to adjourn the meeting. It was moved and seconded to adjourn and
all were in favor. The meeting adjourned at 11:22am.
CITY HALL
115 W. 1ST ST. City Of Laurel
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 20
FAX 628-2241 Laurel, Montana 59044
Office of Planning Office of the Director of Public
Works
Date: January 7, 2019
To: Laurel Mayor and City Council
From: Laurel — Yellowstone City — County Planning Board and Zoning Commission
Forrest Sanderson, AICP, CFM — Contract Planner
Re: Annexation Request, Goldberg Investment LLP
BACKGROUND:
On November 13, 2018, an annexation request for Lot 18 Nutting Brothers 2nd Filing and Lots 19
— 25 Nutting Brothers 3`d Filing in Section 10, Township 2 South, Range 24 East was submitted
along with a request for initial zoning. The initial zoning request, which is analyzed in a separate
Report is for Residential Limited Multi -Family (RLMF) and Community Commercial (CC).
The Laurel — Yellowstone Planning Board and Zoning Commission did on January 3, 2019
conduct a public hearing on the proposed annexation request.
ANALYSIS OF REQUEST
City Council Resolution #R08-22 (March 4, 2008) and the aforementioned Application Form
establishes the criteria and requirements for the annexation of property.
Standard:
1. Onlv parcels of land adiacent to the Citv of Laurel will be considered for annexation. If
the parcel to be annexed is smaller that one city block in size (2.06 acres), the city council
must approve consideration of the request; the applicant must make a separate written
request to the city council stating; their wish to annex a parcel of land less than one city
block in size. Once the council approves the request, the applicant can apply for
annexation.
Findings:
A. The property requested for consideration is adjacent to the existing Laurel city limits;
B. The property requested for consideration is 32.56 acres in size;
C. The property owner (Goldberg Investments LLP) owns or has been authorized to submit
the annexation petition.;
Goldberg Investments Annexation
D. Should the request for annexation be denied by the City of Laurel the request for initial
zoning will not proceed further;
E. This is the type of comprehensive annexation and initial zoning requests that are desired
under the City of Laurel Annexation Policy.
F. The annexation and initial zoning appears to be consistent with your 2013 Growth Policy.
(Infrastructure, Land Use, and Transportation Sections). These sections encourage
comprehensive `big picture' looks at development, growth and the extension of public
infrastructure.
1. The application adequately addresses the following items as required by Council Policy:
a. An extension of City Streets, Water, Sewer, Sidewalks, Storm Water, Curb and
Gutter and how the developer/owner intends to pay for these infrastructure
extensions;
b. An executed waiver of the right to protest the creation of SID's;
c. Adequate discussion of the suitability of the proposed zoning for the property to be
annexed;
d. A notarized signature fiom the record property owner authorizing the annexation
and requested initial zoning;
e. Adequate discussion of the subdivision process to create lots that conform to the
minimum district requirements and use limitations imposed by the Laurel Zoning
Regulations.
2. The application did include a fee for the consideration of annexation and zoning.
a. The fee is adequate for the application as presented.
3. The annexation map, to be prepared at the developers expense shall include all adjacent
public rights-of-way
4 117-IM143go
The request to proceed with annexation of Lot 18 Nutting Brothers 2nd Filing and Lots 19 — 25
Nutting Brothers Yd Filing in Section 10, Township 2 South, Range 24 East Subdivision should
be APPROVED for the following reasons:
1. The annexation request is consistent with the City of Laurel Annexation Policy.
2. The requested annexation is consistent with the 2013 Laurel Growth Policy.
3. The requested initial zoning for the properties is existing Laurel Zoning classifications.
2
Goldberg Investments Annexation
CITY HALL
115 W. IST ST. City Of Laurel
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.Q. Box 10
FAX 628-2241 Laurel, Montana 59044
Office of Planning Office of the Director of Public
Works
Date: January 7, 2019
To: Laurel Mayor and City Council
From: Laurel — Yellowstone City — County Planning Board and Zoning Commission
Forrest Sanderson, AICP, CFM — Contract Planner
Re: Initial Zoning Request, Goldberg Investment LLP
BACKGROUND:
On November 13, 2018, an annexation request for Lot 18 Nutting Brothers 2nd Filing and Lots 19 — 25
Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East was submitted along with a
request for annexation.
The initial zoning request is for Residential Light Multi -Family (RLMF) on Nutting Brothers 2nd Filing Lot 18
and Nutting Brothers 3rd Filing Lots 19 — 24 and Community Commercial (CC) on Lot 25 Nutting Brothers
3rd Filing.
The Laurel — Yellowstone City County Planning Board and Zoning Commission did on January 3, 2019
conduct a public hearing on the proposed initial zoning request.
ANALYSIS OF REQUEST
LEGAL DESCRIPTION: Lot 18 Nutting Brothers 2nd Filing and Lots 19 — 25 Nutting Brothers 3rd Filing
in Section 10, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana
GENERAL INFORMATION
1. The RLMF is intended to provide a suitable residential environment for medium to high
density residential dwellings and where possible a buffer between residential and
commercial zones.
2. The CC is intended to accommodate retail, service, and office facilities offering a greater
variety than would normally be found in a neighborhood or convenience retail
development.
3. Both the RLMF and CC zones are generally applicable existing standard Zoning Districts
within the City of Laurel. Further, the zoning classifications exist on properties annexed
into the City of Laurel that are adjacent to the proposed annexation and initial zoning
request.
1
Goldberg Investments Initial Zoning
Goldberg Investments Initial Zoning
FINDINGS OF FACT
The City of Laurel is an incorporated City within the State of Montana with powers established by
the City Charter. The power and processes for the City to establish zoning regulations are found in
§76-2-301 et. seq. M.C.A.
In the State of Montana, all jurisdictions proposing to zone or rezone property or to adopt or revise
their zoning regulations must issue findings of fact on a twelve -point test that constitutes the rational
nexus/legal basis for the adoption of or amendments to a zoning district or zoning regulations, as
follows:
Is the zoning in accordance with the growth policy;
➢ The proposed zoning regulations and map are based on the 2013 Growth Policy. A quick
comparison of the Future Land Use Map verifies that the proposed zoning is consistent
with the anticipated future zoning for the area.
➢ The RLMF and CC zones are generally applicable existing standard Zoning Districts within
the City of Laurel that are supported by the 2013 Growth Policy.
➢ The zoning classifications exist on properties annexed into the City of Laurel that are
adjacent to the properties proposed annexation and initial zoning request.
Several strategies from the Growth Policy pertaining to the residential development are
met with the new zoning. Most notably; The regulations are designed to provide easier
use, reuse and restoration of existing structures and properties and the regulations
encourage infill development and expanded use opportunities.
Finding: The requested zoning is in accordance with the Growth Policy and other adopted rules
and regulations of the City of Laurel.
II. Is the zoning designed to lessen congestion in the streets;
➢ The requested zoning encourages compact walkable development as well as expanded
opportunities within new developments.
➢ The requested zoning encourages compact urban development as such the need for
vehicular travel is limited.
A The requested zoning in conjunction with the development standards adopted with the
Subdivision Regulations will provide for flow through development, logical extension of
the gridded infrastructure network, and encourage pedestrian- friendly growth.
Finding: The requested zoning will lessen congestion in the streets by ensuring orderly growth
and development of the property that is consistent with the zoning and other
regulations adopted by the City of Laurel.
Is the zoning designed to secure safety from fire, panic, and other dangers;
➢ The requested zoning will provide for consistency in development along with provision
of urban services including but not limited to water, sewer, police and fire protection.
➢ The requested zoning regulations incorporates enforcement of development standards,
setbacks and compliance with the Building Code program adopted by the City of Laurel.
3
Goldberg Investments Initial Zoning
The requested zoning has restrictions on lot coverage, grading and development on
steep slopes and other areas that are potentially hazardous.
Finding: The recommended zoning will provide safety to residents and visitors to the City from
fire, panic and other dangers.
IV. Is the zoning designed to promote health and the general welfare;
r The requested zoning imposes limitations on uses, setbacks, height limits and building
restrictions.
> The requested zoning groups together like and consistent uses within existing
neighborhoods.
➢ The requested zoning is consistent with the prevailing zoning established by the City of
Laurel on lands already located within the City limits.
The proposed zoning implements the legislative intent of the City Council, provide
consistency in the administration of the regulations and encourages responsible growth
and development in and adjacent to the City of Laurel.
Finding: The grouping together of like and consistent uses promotes the health and general
welfare of all citizens of the City of Laurel. Further, the requested zoning is substantially
consistent with the land use in the neighborhood.
V. Is the zoning designed to provide adequate light and air;
The requested zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
➢ The text of the regulations in the requested zones implement the concept that the City
of Laurel was developed historically on a gridded network. The requested zoning
requires the perpetuation of this pattern. In doing so as the City plans for growth, the
spacing and layout of new development will facilitate provision of light and air to new
development.
Finding: The requested zoning will ensure the provision of adequate light and air to residents of
the City through various development limitations.
VI. Is the zoning designed to prevent the overcrowding of land;
➢ The zoning regulations impose minimum lot size, use regulations and other limitations
on development.
➢ The minimum lot size established with the requested zoning provides for ease of
transition from rural to urban development. These standards encourage annexation to
the City and development at a scale that justifies the capital extension of water and
sewer while spreading the costs out on an equitable basis.
➢ The text of the proposed regulations encourages compact urban scale development
while preventing undue overcrowding in any given segment of the community.
➢ The regulations encourage the creation of adaptive open space uses in conjunction with
more intensive uses of property.
4
Goldberg Investments Initial Zoning
Finding: The existing standards of the requested zoning will prevent the overcrowding of land.
VII. Is the zoning designed to avoid undue concentration of population;
➢ The requested zoning is part of the holistic approach to land use regulation for the
entirety of the City of Laurel and is not focused on any single special interest.
➢ The requested zoning takes advantage of areas that were created and intended as
suitable for residential and commercial uses.
➢ The existing RLMF regulations are a part of the City residential zoning districts that
provide a continuum of residential densities and managed development to create land
use compatibility.
➢ The existing CC regulations are a part of the City commercial zoning districts that provide
a tiered set of commercial uses, bulk of structures, and densities to enhance land use
compatibility within the City.
➢ The requested zoning imposes minimum lot sizes, reasonable use restrictions on the
subject properties, fencing limitations and setback standards.
Finding: The existing standards of the requested zoning will prevent the undue concentration of
population by encouraging the most appropriate use and development on the subject
property.
VIII. Is the zoning designed to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements;
A The existing RLMF regulations are a part of the City residential zoning districts that
provide a continuum of residential densities and managed development to create land
use compatibility.
➢ The existing CC regulations are a part of the City commercial zoning districts that provide
a tiered set of commercial uses, bulk and densities to enhance land uses within the City.
➢ The prevailing zoning along with the City Subdivision Regulations establishes minimum
standards for the provision of infrastructure such as roads, sidewalks, water sewer, wire
utilities and storm water management.
➢ The prevailing zoning encourages compact urban scale development and groups
together similar uses that will not detract from the quality of life expected in Laurel while
providing the economies of scale to extend water, sewer, streets, parks, quality schools
and other public requirements.
Finding: The standards of the requested zoning will ensure the adequate provision of
transportation, water, sewerage, school, parks and other public requirements.
IX. Does the zoning give reasonable consideration to the character of the district and its peculiar
suitability for particular uses;
➢ The requested zoning (CC and RLMF) specify development standards and solidify the
legislative intent of the City Council that was stated in the initial adoption of the
regulations and the 2013 Growth Policy.
5
Goldberg Investments Initial Zoning
➢ The proposed changes do not impact any of the adopted district standards that were
established to ensure that the regulations provide for land uses that are compatible with
existing uses and neighborhood characteristics.
➢ The requested zones, by definition, are designed to be adjacent to each other, provide
buffers and transitional areas between residential and commercial development.
➢ The petitioner has not proposed to change height limits and other building restrictions.
These restrictions ensure compatible development.
➢ The requested zoning groups together like and consistent uses and is consistent with the
existing zoning in the neighborhoods currently within the City of Laurel.
Finding: The requested zoning gives due consideration to the character of the existing
neighborhoods, within the City as well as suitability for the particular uses.
X. Does the zoning give reasonable consideration to the peculiar suitability of the property for
its particular uses;
➢ The requested zoning assignments are districts created by the City to implement the
significant sections of the 2013 Growth Policy.
➢ The 2013 Growth Policy represented a major turning point in the theory of land use and
land use regulation for the City of Laurel.
➢ The Growth Policy ties directly to and values the City's history and existing use of
property and structures, the tools used to encourage development of property needed
to be designed to reflect this change in direction.
➢ The proposed changes do not impact any of the currently adopted district standards that
were established to ensure that the regulations provide for land uses that are
compatible with existing uses and neighborhood characteristics.
➢ The requested zones, by definition, are designed to be adjacent to each other, provide
buffers and transitional areas between residential and commercial development.
➢ The requested zoning groups together like and consistent uses and is consistent with the
existing zoning in the neighborhoods currently within the City of Laurel.
Finding: The recommended zoning gives reasonable consideration to the peculiar suitability of
the property for its particular uses.
XI. Will the zoning conserve the value of buildings;
➢ The requested zoning groups together like and consistent uses and is consistent with the
existing zoning in the various neighborhoods of the City of Laurel.
➢ The requested zoning reinforces that RLMF (residential) and CC (commercial) flexibility
in the location and development of the permitted and conditionally permitted uses. In
doing so the value of both residential and commercial properties is enhanced.
➢ The RLMF and the CC are compatible adjoining land uses per the 2013 Growth Policy.
➢ The requested zoning was proposed by the property owner. Any consideration of the
value of existing buildings on the property would have been considered in the selection
of the available Laurel Zoning Districts.
➢ Where the requested zoning is currently in place on surrounding properties the value of
existing buildings should not be impacted because of the development of property with
the same land use restrictions as the adjoining property.
6
Goldberg Investments Initial Zoning
Finding: The recommended zoning will conserve or in many cases enhance the value of buildings.
XII. Will the zoning encourage the most appropriate use of land throughout the municipality?
A The requested zoning provides for grouping like and compatible uses.
➢ The proposed zoning recognizes that buildings that are in residential or commercial
areas have options either to remain as they are or to be utilized in a manner that reflect
the highest and best use, in the owner's opinion, for the subject property.
➢ The requested zoning groups together like and consistent uses and is consistent with the
existing zoning in the various neighborhoods of the City of Laurel.
➢ The requested zones, by definition, are designed to be adjacent to each other, provide
buffers and transitional areas between residential and commercial development.
Finding: The recommended zoning will encourage the most appropriate use of land throughout
the municipality.
RECOMMENDATIONS AND CONDITIONS OF APPROVAL
Staff Recommends that the Zoning Commission find that the proposed Zoning Assignment submitted by
Goldberg LLP reflects the 2013 Growth Policy; that the rational nexus for the adoption of zoning has been
met or exceeded by the proposed amendments; and that the citizens of Laurel have participated in the
amendment of the Zoning Regulations.
The request to proceed with initial zoning of Lot 18 Nutting Brothers 2"d Filing and Lots 19 — 25 Nutting
Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East Subdivision should be APPROVED subject
to the following conditions:
1. The annexation request is completed in accordance with Montana Law and the City of Laurel
Annexation Policy.
2. The zoning shall be assigned at the time of filing the annexation map.
3. That all adjacent public road rights of way outside of the boundaries of the Goldberg LLP
properties shall be included on the final annexation map and the exhibit prepared for final
approval of the annexation by the City Council.
7
Goldberg Investments Initial Zoning
November 13, 2018
Mr. Forrest Sanderson, AICP
Laurel City Planner
City of Laurel
115 West 1st Street
Laurel, MT 59044
RE, :4nnexation and Zoning oarfttting Bras Subdivision lots 5, 18-24
Dear Mr. Sanderson:
This letter is accompanying a full annexation application, with requested zoning, for Lots 5,
and 18-24 of the Nutting Bros Subdivision on the eastern boundary of the City of Laurel. We
are requesting specific zoning be applied at the time of annexation into the City of Laurel. The
application, maps and supplementary information outline the request and satisfy the
application requirements as laid out in our pre -application meeting and the application itself.
Below is a summary of the discussions we've had as part of the application process, provided
to memorialize and ensure all reviewing parties are informed of the application and
properties past and proposed future.
This property has went through a formal Yellowstone County Zone Change application and
City of Laurel Annexation application in the past with a prior development group. That
application requested a zoning of Residential Manufactured Homes (RMH) over the entire
property. Much of the discussion and opposition to that application revolved around the
continuation of manufactured or mobile home units being placed on the property and its fit
with adjacent neighborhoods. Much of the comment from the neighborhood suggested that
this property should be developed with stick -built rooftops and family homes. As such the
zoning and annexation into the City of Laurel were denied and the development did not occur.
The new development group, Goldberg Developments, is proposing a wholly different type
of style of development for the property and the City's consideration. The developer is
applying for annexation and requesting approximately 9 acres along the Yard Office Road be
zoned Community Commercial (CC) and the remaining 23 acres north of Eleanor Roosevelt
Drive be zoned Residential Light Multi -Family (RLMF). The intent is to allow for some light
commercial development and businesspark along Yard Office Road while providing the
community with buildable single family residential lots allowing for some multi -family
development interspersed within the development. This request matches the requests of the
� x(.010) C'y:r t��rl �l-±i�e�r�� \�,(� •�� t - .i .a ,(^{ .._.y-: - ...
adjacent neighborhood's for single family, stick built housing in the area while still matching
the zoning of adjacent properties to the south and east.
This project will help serve as an infill project for the City, tying to existing utilities located
along its boundary. The proposed project will help to reduce the cost of basic services
provided to the area by adding to the City's rate payer base. Commercial businesses along
Yard Office Road will help to offset the cost of services to -the area ivhile addition to the tax
base of the City. The proposed RLMF will add to the diversity of housing for the community
and allow forthe desired residential stick -built homes in the area. All of these items align with
the goals of the City of Laurel Growth Policy.
During our pre -application meeting it was suggested that a meeting be set with Public Works
Director Kurt Markegard to discuss system capacity of the water and wastewater facilities.
Performance Engineering and the developer met with Mr. Markegard to discuss the proposed
zoning and potential for development of the property. System capacities were specifically
discussed in the meeting to which it was noted by Mr. Markegard that there is sufficient
capacity in the treatment facilities to handle the potential demand from the development.
There may be potential collection and distribution upgrades required of the developer along
Eleanor Roosevelt/81h Ave. but those would be based on system modeling. At this time there
were no major red flags for the development based on the capacity of the system.
We are excited about the proposed project annexation and zoning request as we believe it
will start laying the ground work for continued expansion, growth, and prosperity on the
eastern edge of Laurel. It is our hope that this application will receive favorable consideration
from the City of Laurel and we look forward to working with the Planning Board and City
Council through the process. Please do not hesitate to call should you have any questions at
406-384-0080.
Best Regards,
Scott Aspenlieder, PE
Project Manager
7rroX6)�c��S+iij�TaFll
4_,�, N�_.w
i
IL
-117Y 0--F�7-,,AUkZLF, P160T,,,1;1t
'T
01-11Y pal -c' is oflanc-, acuacent to It: MY of ["lure] Inunisi pal limits Vvill be considered for
crone :ficin. "Adjacenito",alti,)ii-icitidesl)ein-L,ci-o,(,sapublic right ofamy. ifthe parcel
tri he :Inne,,,ed is snAbr than one city block in size (2.06 acres), 61C: City COLMICil nlUSt
appro,ve Consideration of the rCIMCSt; the i1PpljCljj' 21juSt jjjaIre; a Separate wAten request
to the chy council Maing Mr v6sh to annex a paircel of !,,md less than one City block- in
Once the council approves the request, dic alficant can apply for aruwxation
2, Applicant landowner's nanw: C'o b c5 megmem, L1.11
Address:
Imne: AS , " "
3. Parcel to be annexcl (if A is not surveyed or of public mcord, it must be of Iniblic recomi
PRIOR to applying Nmanile xation.) NUTTINO
Legal description: — ----- NUTTING BROS 3RD 3156 AC (19
t -,()t size: 32..x(-, A(7,
Present rise.,
i ianned use: _UUSIDENT 1AL A1, D COMMMAL
Present zoning: RESIDPNTIAL TIR,"iCTS
(Land �vhich is being annexed -,Ut0MltiC,1IjY �,�ecOru,,CS Zoned R-7500 %Vhei) it is
officially annexed [City ordinanc;; 17.12.220])
4, Citi services: The extension of needed city services shall he it the cost of the applicant
after annexation by the city has been approved, As part of the application process.. each
of the following city services must Lie addressed with an explanation:
Water Service:
Lockon of exilsting main: eastern boundarips of prop- n -,v.
Cost of extension of approved service:
How cost determked: VQLL BE Bit ' C:'�Q�\TLZ��CTQRS
Tinleframe for instailation:_jQ19�__
Sewer Service: Sm- kcrM M bAl ufYa. d 0,11,1,ce/Mzqland 4.nd sth su'julq-r
Location of existIg
Cost of extension of approved Service: TBD
I -low cost cleterinined: WILL 131", IND131" CO'N-T -Cr0.FZS
Timeftame for insradlotioi-,: 201 9,'
1,1ow fjrjljjcej, ?R1 VA'1`.,�
is there ally ',(I ' joivi�lg County RO-%7v to dl�� propos('d
annexadoru YILS
Locatioin, G_C,`pavA RDA ELEANOR RCKBEVEUFDR,
Cost of pry viig,:
B, I C
How cost dwermined - XMI Lf, BI-, 1�, FL11 I I I _v -S
- t__ U
Wer rzyked
A nnp ANK t6r revs' -.i oftids application of Me pmposed wva W be annuxud mum W
,u-brilitted %vith this application.
I A whinn -Wnivc nnulst accompany this appliczltion, suitable for recordiiif-,and
co, 11 ta i :, 1 i ng, a coves aia to I -Lill With file !rJJJCI to Ile ?
WAVQ aH Qlt of pMWI to
do creation by dIc city of ally needed in.-iprcvenient dis*riot 1667" cion, Ill(11 0.,
str ti) r
n0mularice , of !nunicipal' s,,'rvices. This Waiver of Protem must be signed by the
, a
pplicaill. to 'InTlexaLion ! y tile city.
Requests fell- illini-xalims we m&nTd to the. Chy-Couwy Planning Board for
recomme-nriation to to Cly QuAl. Within 30 days Wer receivirIg the properly filed
out applicatior., with all required acco,111P Wli rilents and after conducting it dWy ahedw,11
pi,blic fital-ing, the Chycowly Planning Bond shall make reconnnoixiatioij to (he City
C0,111--il its to this ReCILIC,5t for Atinomation- If More ifl-I01-n-i'ation is needed from the
applie,mit during, ille- revienv of the application, Such application shall be deemed
incomplete and' the Awdame Rm rVo6mg to the CRY ChuncH exwmhd amon:11gly., in
nceeled
A application fee of $300 + $25.00 per acre (80 acres or less); $300
53100 per acres (S I acres or niore), nwast accorriparly the subruission of this app,HCA011.
-Ho Council of he My of Lawd. N' lontaria. after review and coplvideragon of dis
Application for Annexation, found such -o be in the best interest of tf)e City, llat it
COMplied with state code, and approved this reqttesl at its Cay ComKH meeting of __
10— Wind by OW AlMey App! M08
2
11770hyyy low
BETORT 7HE COTY COUNQ
AW! 05100 ,-; T' J.'?*,"'--!-"
ANY FUTURE
the underigned hereby twins proust to the annemion, of property desejib!rd beicm' tll�
City of AM Undersignedalso waives fheirfi�aIIN'O SeCkjUdicial r-oview under N.I.C.A.
§ -!-1-1,7411 (MY71 snhscqnent to the My= 's annexation ofdhc belov., described proper' j`.
hereby addidonaliy Mraives protest to the cre',tiorl rjiffucure Spocial impro"':.'roont
F
created and/or forfv;ej ror future street irnrwnvements incjuding, b'It nor limited to, pavin&
curb, gutter, WWI? and storm drainage or any other lawful purpose,
This Aflidavii is MAWK paswrit to and as a pari of ihe Anre-xaticj) Agreement anc! filuire
confernplated Subdivision improv em-,jiL Agreement (SIA) Wh die City of MS.
This ACIlidavit ofWaiver WN run wil die And and W Rrever be bhdkg upon the Wram, their
uarlsrcrecs' successorsand as;;igjis.
LEGAL DESCEMMN.' OF TBEE �5ROPERIJ-Y'.
TTINC
DATED this dayof J 20
Grantee Narne
(Conipany..)
STATEOF
)SS.
County of AWasAL,
t%,i'
-4'
1 -.40 t&,, personally appeared beiore me,
Auxy.,, j7 rl"LL, proved to me on be basis of satisfactory evidence to be
the personas) whose name() are subsuled to dds hnwument, and acknowledged the he/she/they c%ecuted
the same.
IN WITNESS WHERECT, I have hereunto set my hand and affixed ruy Official Sea, on the (lay
and year in this cettifl-cate first above written.
TAMA3RZt% NF-PANK--
ISIOTAkY PUBLIC ib.- the
SWE Or- MONTANA
t.moi,?WT
My93-7110ISSIOSI
H
Nouirv, Public for the State A" 1�,-j
Residing at.
My Commission Expires:__L
Chapter 1.7.16
RESIDENTIAL DISTRTCT:S
Sections:
17.16.010 List of uses.
17.16.020 Zoning classified in
districts.
17.16.010 List of uses.
Mable 17.16.010 designates the special
review (SR) and allowed uses (A) in residen-
tial districts. (Ord. 04-1 (part), 2004; Ord.
01-4 (part), 2001; Ord. 99-22, 1999: Ord.
17.16.020
96-5 (part), 1996; Ord. 1049, 1992; Ord.
1026, 1992; Ord. 997, 1991; prior code
§ 17.28.010)
17.16.020 Zoning classified in districts.
Zoning for residential districts is classi-
fied in and subject to the requirements of
Table 17.16.020. (Ord. 06-12 (part), 2006;
Ord. 06-06 (part), 2006; Ord. 05-13, 2005;
Ord. 99-23, 1999: Ord. 96-5 (part), 1996;
Ord. 94-5,1994: Ord. 1068,1993; Ord. 1065,
1993; Ord. 820,1985: prior code § 17.28.020)
Table 17.16.010
— -...._
RR
22,000
R
7,500
R
6,000
RLMF
RhIF
RMII
PUD
SR
RT
Accessory building or use incidental to
any permitted residential use customarily
in connection with the principal building
and located on the same land parcel as the
permitted use
A
A
A
A
A
A
A
A
Animals (see zoning district description
for specifics)
A
Automobile parking in connection with a
omitted residential use
A
A
A
A
A
A
A
A
Bed and breakfast inn
SR
SR
SR
SR
SR
SR
SR
SR
Boarding and lodging houses
SR
SR
SR
SR
SR
SR
SR
SR
Ccll towers (see Sections 17.21.020-
17.21.040)
Cemetery
SR
SR
SR
SR
SR
SR
SR
Child care facilities
Family day care home
A
A
A
A
A
A
A
A
Group day care home
A
A
A
A
A
A
A
A
Day care center
SR
SR
SR
I SR
SR
SR
SR
SR
Churches and other places of worship
including parish house and Sunday school
buildings
SR
SR
SR
SR
SR
SR
A
SR
Communication towers (see Sections
17.21.020-17.21.040)
Community residential facilitiesserving
eight or fewer persons
A
A
A
A
A
A
A
A
Community residential facilities serving
nine or more persons
SR
SR
SR
SR
SR
SR
SR
SR
Orphanages and charitable institutions
SR
SR
SR
SR
SR
SR
A I
SR
Convents and rectories
SR
SR
SR
SR
SR
SR
A
SR
Crop and tree farming, greenhouses and
truck gardening
Day care facilities
SR
SR
SR
SR
SR
SR
SR
SR
Kernels (noncommercial)
A
A
A
A
A
A
A
A
Dwcllin ,s Single-family
A
A
A
A
A
A
A
A
Two-family
A
A
A
A
Multifamily
A
A
A
387 Supp. IN a. 7
17.16.020
389 Supp. No. 12
axauiy ca«y c:sitG S.C1InG5
A
A
A
A
A
22,000 7,500
6,000
RLNIF
RNIF
Ri4SH PUD
SR
RT
Manufactured homes
A
A
—
A
up day care homes
A
Class A
A
A
A
A
A
A
Class B
A_
µ A
A
A
A
A
Class C
A
public
SR
SR
SR
SR
Row Housing
SR SR A
SR
SR
389 Supp. No. 12
axauiy ca«y c:sitG S.C1InG5
A
A
A
A
A
A
A
A
Grz enliouses fur domestse uses
A
A
A
A
A
A
A
A
up day care homes
A
A
A
A
A
A
A
A
Home- occupations
fParking,
A_
µ A
A
A
A
A
A
A
public
SR
SR
SR
SR
SR
SR
SR
SR
s, playgrounds, playrields, and
nolf courses community center
buildings --operated by public
agency, neighborhood or
homeowners' associations
A
A
A
A
A
A
A
A
Planned developments
h
Post -secondary school
A
A
A
A
A
A
A
A
Preschool
SR
SR
SR
Sit
SR
SR
SR
SR
Public service installations
SR
SR
SR
SR
SR
SR
SR
SR
Schools, commercial
SR "
SR
SR
SR
SR
_ SR
SR
SR
Schools, public cicmcntary,junior
and senior high schools
A
A
A
A
A
A
A
A
Towers (see Sections 17.21.020-
17.21.000)
389 Supp. No. 12
Chapter 17.20
CONII ERCiAL—INDUSTRIAL, USE
REGULATIONS
Sections:
17.20.010 List of uses.
17.20.020 'Zoning classified in
districts.
17.20.010 List of uses.
Table 17.20.010 designates the special
review (SR) and allowed (A) uses as gov-
17.20.020
erned by commercial — industrial use reg-
ulations. (Ord. 04-1 (part), 2004; Ord. 01-4
(part), 2001; Ord. 96-5 (part), 1996; Ord.
998, I991; Ord. 923, 1987; Ord. 922, 1987;
Ord. 917, 1987; prior code § 17.32.0I0)
17.20.020 Zoning classified in districts
Zoning for commercial — industrial use
is classified in and subject to the require-
ments of Table 17.20.020. (Prior code
§ 17.32.020)
391 Supp. No. 9
Table 17.20.010
AG
RP
NC
CBD
CC
FIC
I LI
I HI
P
.Accessory buildings or uses incidental and customary to
a permitted residential use and located on the same par-
cel as the permitted residential use
A
A
A
A
A
A
A
A
A
.Airports
A
--
A
Alcoholic beverages manufacturing and bottling (except
below):
A
A
1.500 to 5,000.31 -gallon barrels per year
SR
SR
SR
A
A
Less than 1,500 gallon barrels per year
A
A
A
A
A
Ambulance service_
A
A
A
A
A
A
Antique store
A
A
A
A
Appliance - (household) sales and service
A
A
A
A
A
Assembly hails and stadium
SR
SR
SR
SR
Assembly of machines and appliances from Previously
rc ared arts
SR
SR
sR
SR
Auction house, excluding livestock
SR
SR
A
A
A
Auction, livestock SR
Automobile sales (new and used)
A
A
A
A
Automobile -commercial parking enterprise
A
A
A
A
A
Automobile and truck repair garage
A
A
A
A
A
Automobile service station
A I
A I
A I
A
A
A
Automobile wreckin^ yard
I
sit
Bakery products manufacturing
SR
A
A
A
Bakery shops and confectioneries
A I
A
A
A
A
Banks, savin s and loan, commercial credit unions
A
A I
A
A
A
Barber and beauty shops
A
A
A
A
A
Bed and brcakfrst inns A
A
A
A
Bicycle sales and repair
A
A A
A A
Blueprinting and pholostating
A A A A A
Boarding and Iodping houses A
A
A A
Boat buildin and iepair
A A A
Beat sales new and used
A A A A
Boiler works (manufacturing servicing)
I
A
Boiler works (repair and servicing)
A A
Book and stationery store
A A A A A
Bottling works
A A
-Bowling—'alleys------- -- — -- ---
A A A A
Brick, tile or terra cotta manufacture
A
Bus passenger terminal buildings local and cross coup-
try ... .. .
A A A A
Bus repair and storage terminals
A A A
391 Supp. No. 9
17.20.020
ommercial food products, storage and packaging
Table 17.20.010
I
SR
A A
ommunication towers (conn iercial)
RP
NC
CBD
CC
HC
LI HI P
Camcra supply stores
A
A
A
A
A
Camps, public
'
SR
A
A
Car washing and waxing
AA
Open storage of construction materials or equip-
meat
A
A
A
Car wash - coin operated
-- ---
A
A
A
A
A
Cemcnl, lime and plastic manufacture
Adult foster family care home
A
A
A
A
A
Ceramics shop
SR
A
A
A
A
A
Chemical and allied products manufacture
A
Youth foster home
A
j Child care lacilitics
A
A
A
A
Churches and other places of worship including
parish houses and Sunday school building
A SR
A
A
A
A
A A
Clinic, animal
A
A
A
A
A
A
Clinics, medical and dental
SR I
A
A
A
A
A
Clothing and apparel stores
A I
A
A
A
A
Coal or coke yard
1_
A
Cold sloraRc
A
A
A — —
Collc,cs or universities
A I
A
A
A
A
Commercial recreation areas
I
SR
A
A
A
ommercial food products, storage and packaging
I
SR
A A
ommunication towers (conn iercial)
A
A A
A A
A
A A SR
oncrete mixing plants and manufacturing ofcon•
rcte products
A
Construction contractors:
NA
Unice
A
A A
AA
Open storage of construction materials or equip-
meat
SR
A A
Community residential facilities
Adult foster family care home
A
A
A
A
Community group home
A
A
A
A
Halfivay house
A
A
Youth foster home
A
A
Youth group home
A
A
Nursing.homes,convalescent homes,orphanagcs.A
and charitable institutions
-
IA$A
q
-
- ---
Crematorium
SR
A A SR
Creameries, dairy products manufacturing
A A
Creosote manufacturing or treatment plants
A
393 (1•aurcl 7-02)
17.20.020
395 Supp. No. 12
Table 17.20.010
AG RP
NC CBD
CC
HC
I LI
HI P
Fucl oil, gasoline and petroleum products bulk storage
or sale
A
A
A
Furnace repairand cleaning
I
IA
A
A
A
ure and home furnishings, retail sales
A A
A
A
A
rs, retail sales and storrge
A A
A
A
A
ling c lablishments
A
A
A
A
ge, offal and animal rcduetion or processing
SR
ge and waste incineration
SR
ragC
Mfiardwa,,.
— —
SR
or liquified petroleum gases in approved portable
ontainer forstorag ,sale
A
A
A
lcvzrtors
A
Sit
SP.
A
ousesA
Aare,
applianc and electrical suppliGe, retail Sales
��
A
Hatcheries
A
SR
SR
Fleliporls
SR
SR
SR
SR SR
Hobby and tov stores
A A
A
A
A
Hospitals (for the care of human patients)
A A
A
A
Hospital, animal
A
SR
SR
A
A
KT—
Hotels
A
A
A
_ __
Industrial
Industrial chemical manufacture except highly corrosive,
flammable or toxic materials
Irrigation equipment Saks and service
A
AJails
and penal institutes
ffiA
A
Janitorsmice
A
A
AJewelry
and watch sales
A A
A
AKennels
- commercialS
395 Supp. No. 12
17.20.020
Table 17.20.010
AG R NC EBD
CC
HC
; LI
fif p
Woody,vorking shops, milkyork
SR
A
A
Zoo, arboretum SR
A
(Ord. No. 009-01, 3-17-09.- Ord. No. 009-07,7-7-09; Ord. No. 011-01, 2-15-2011; Ord. No.
0-14-0-),8-5-2014)
(Ord. No. 0-14-03,8-5-2014)
397 Supp. No. 11
Table 17.16.020
1 Row housing may be permitted to be constructed on 3,000 square foot lots if approved through the special reviely process.
'-NA means not applicable.
3 The requirements for the mobile homes contained herein relate only to a mobile home subdivisjoij, see Chapter 17A4 of this code for the
requirements for a mobile home park.
Zero side setbacks may be permitted if approved through the special review process.
All pens, coops, barns_ stables. or permanent corrals shall be set back not less than 50 feet from any residence, public road, or water
course. and any property line.
(Laurel Supp. No. 4,4-06) 390
R #R
I
Zoning Requirements
7,500 6,000 BUMF RMF RM H
PUD SR
RT
Mininium lot area per
dwelling unit in square
feet
One unit- 7,500 6,000
6,000'
6,0001 6,0W
See 5acres I acre
Two units
7,500
7,500-7-50ja
-'�, j -d
7 1;7
Chapter
Three units
8,500
8.500
-2,900 75d -1
1732
Four units
10,000
4A"0ti 1; 2 -
Five units
14-,90 o6
Six units and more
Add 1ro5G9
__
each
additional
unit
Minimum y - rd—
setback requirements
(expressed in feet) and
nicasured from public
way
Front 20
20
120
20 lQ
25'
2' 1 5
Side 5
54
54
54
55
5
Side adjacent to street 20
20
20
20 20
101
10
Rear 5
5
5
5 5
25'
25
Maximum freight for all
buildings 30
35
35
-NO- 710) 30
3Q
30
Maximum lot coverage
(percentage) 30
30
40
55- 40
15
30
Minimum district size
F2O
(expressed in ac 2-07
12-07
7
2.07 2.07
2()
-
1 Row housing may be permitted to be constructed on 3,000 square foot lots if approved through the special reviely process.
'-NA means not applicable.
3 The requirements for the mobile homes contained herein relate only to a mobile home subdivisjoij, see Chapter 17A4 of this code for the
requirements for a mobile home park.
Zero side setbacks may be permitted if approved through the special review process.
All pens, coops, barns_ stables. or permanent corrals shall be set back not less than 50 feet from any residence, public road, or water
course. and any property line.
(Laurel Supp. No. 4,4-06) 390
8
gn—