HomeMy WebLinkAboutResolution No. R21-09RESOLUTION NO. R21-09
A RESOLUTION TO APPROVE THE CONDITIONAL USE OF PROPERTY FOR THE
OPERATION OF "SODA STATION" A BEVERAGE KIOSK ON A PORTION OF
PROPERTY LOCATED AT 720 1sT AVENUE WITHIN THE CITY OF LAUREL.
WHEREAS, the application has been made to the City of Laurel to approve the applicant's
request for approval of a conditional use, operation of a non -alcohol beverage sale kiosk, to be
constructed and placed on a parcel of property located at 720 1St Avenue, within the City of Laurel;
and
WHEREAS, applicant Ann Pugmire filed the application with the City on behalf of her
business Soda Station, and the application was reviewed by Staff and the City County Planning
Board, sitting as the City's Zoning Commission; and
WHEREAS, a public hearing was held by the Zoning Commission and no opposition to
the application was received; and
WHEREAS, the Zoning Commission recommends the City Council's approval of the
Conditional Use Application subject to the conditions contained in the Staff Report which is
attached hereto and incorporated herein;
WHEREAS, the City Council held a public hearing on February 23, 2021 and received
public comment and input regarding the application.
NOW THEREFORE the City Council of Laurel hereby adopts the recommendation of the
Zoning Commission and hereby approves the conditional use for the portion of the parcel of
property located at 720 1" Avenue as described in the Staff Report which is adopted and
incorporated as part of this resolution; and
BE IT FURTHER RESOLVED, that such approval is subject City Ordinances, Rules and
applicable Regulations and the specific conditions contained in the Staff Report attached hereto
and incorporated herein.
Introduced at a regular meeting of the City Council on February 23, 2021, by Council
Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel this 23`d day of
February 2021.
APPROVED by the Mayor this 23`d day of February 2021.
R21-09 Soda Station Conditional Use Permit
CITY OF LAUREL
Thomas C. Nelson, Mayor
ATTEST:
Bethany L e, (rk- easurer, Clerk -Treasurer
Approved as for
Sam Painter, Civil City Attorney
R21-09 Soda Station Conditional Use Permit
LAUREL CITY -COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City -County Planning Board / Zoning Commission
FROM: Nicholas Altonaga, Planning Director
RE: Conditional Use Permit — Soda Station — 714 1" Ave
DATE: February 10, 2021
4° __ —Vf 0I0i 46 No, 69 Vii_'=
A Conditional Land Use application was submitted by Ann Pugmire on behalf of Soda Station to
construct and operate a beverage kiosk on the rear portion of the property at 7141St Avenue.
An approval of a conditional land use is required to build and operate a beverage kiosk because
this use is not described or defined within the zoning district it resides in.
Owner: FIRST AVENUE CENTER LLC
Legal Description: RICCI MINOR SUB, S09, T02 S, R24 E, Lot 2, (13)
Address: 714 N. 1St Avenue
Parcel Size: 45,000 sqft.
Existing Land Use: Dominos Pizza, rear of parcel is vacant.
Proposed Land Use: Non -Alcoholic Beverage Stand/Kiosk (Soda and Pop)
Existing Zoning: Community Commercial (CC), Community Entryway Zoning District (CEZD)
• Planning Director spoke with the applicant in November of 2020 to discuss the
requirements of the application and the process.
• An application was provided to the Planning Department on November 13, 2020
• The Applicant provided additional information to the Planning Department on
December 6, 2020.
• A public hearing for the Conditional Land Use took place on December 16, 2020
Planning Board meeting.
• The Planning Board tabled the Conditional Land Use discussion until the January
meeting to allow the applicant to be present and provide additional details.
• The Planning Board discussed the matter on January 20. 2021 with the applicant
present.
• Planning Board voted to recommend approval of the Conditional Land Use with
conditions.
• A public hearing for the Conditional Land Use is scheduled for the City Council Meeting
on February 23, 2021.
• The public hearing requirements of 1762.030 have been met.
The applicant is requesting approval of a conditional land use to construct and operate a
beverage kiosk on the rear portion of 714 N. 15t Ave in Laurel. This use is not specifically
delineated or defined within Chapter 17 of the Laurel Municipal Code. As such, a Conditional
Land Use application is required. The following findings have been noted by the Planning
Department after reviewing the Conditional Land Use application and supplementary
documents.
• The location of the proposed beverage kiosk is zoned as Community Commercial (CC)
• The Purpose of Community Commercial zoning is primarily to "accommodate
community retail, service and office facilities offering a greater variety than would
normally be found in a neighborhood or convenience retail development."
• The Applicant has contacted the neighboring property owner to discuss driveway access
for site traffic flow.
• The Applicant has received approval for two parking spaces, with more allocated if
necessary.
• The applicant has provided a concept site plan and photos of the proposed kiosk.
• The concept plan and proposed stand pictures do not appear as if they will negatively
impact the surrounding neighborhood by changing community character, lighting, or
noise.
• The only mention of kiosks in the Laurel Municipal Zoning Code is within the Off -Street
Parking Code.
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"17.62.020 — Requirements" contains the review criteria for the Zoning Commission to discuss and
recommend actions on conditional land uses. The text of this subchapter is included below.
No structure or land use may be used for any purpose other than those allowed within a zoning district
as specified in the zoning ordinance unless either a variance has been granted (under Chapter 17.60 or
17.64 of this code) or a conditional land use permit therefor has been provided. The zoning
commission may recommend and the city can require any information that will allow the decision
makers to comprehensively evaluate and decide on applications for conditional uses brought before
them. The zoning commission may recommend and the city can require, after consideration of the
application for conditional use, those conditions under which such land use may be allowed to include
but not be necessarily limited to the following:
A. Adequate ingress and egress with concern for vehicular and pedestrian safety and
convenience, traffic flow and control, and emergency access as reviewed and approved by the
city public works director;
B. Adequate off-street parking and loading with attention to vehicular and pedestrian safety and
traffic flow;
C. Conditions that control, specify, or plan for the generation of odors, noise, hours of operation,
signage, or impact on the neighborhood of natural systems;
D. Adequate landscaping, screening, mitigation of impact on adjacent property and buffering;
and
E. Compatibility with adjacent and neighborhood land uses and Laurel's GMP.
The Planning Director recommends the approval of the Conditional Land Use application to operate a
non-alcoholic beverage kiosk on 714 N. 15Y Ave. The Planning Director suggests the Planning
Board/Zoning Commission and City Council consider adopting the following conditions of approval.
1. No land uses shall be established on site that are not specifically included in this approval.
2. Any land use not specifically included in this approval shall be considered a violation of the City
of Laurel zoning ordinance.
3. New construction regarding the approved conditional use shall apply for building permits when
applicable.
4. The approved land use shall comply with the zoning requirements of the district or districts the
property falls within.
5. The approved land use shall comply to the City of Laurel Sign Code
6. The approved land use shall comply with the City of Laurel off-street parking requirements.
7. The Applicant shall apply for all necessary permits and licenses prior to operating the beverage
sta n d.
8. The kiosk/stand will be constructed in the interior of the lot.
9. The applicant must begin construction on the future permanent structure within 12 months of
the Conditional Land Use approval.
10. The applicant shall establish a bathroom agreement for kiosk employees with a nearby business.
11. The kiosk will be served by City Water and Sewer services.
1. Conditional Land Use Application
2. Map of 714 N. VL Ave with 150ft buffer
3. List of property Owners within 150ft of 714 N. 15L Ave
4. Minutes from January 17, 2021 Planning Board meeting.
5. Public Hearing Notice — December 16, 2021 Planning Board
6. Public Hearing Notice — February 23, 2021 City Council
7. Soda Station Kiosk Concept Site Plan & Images
8. LMC 17.20 — Commercial — Industrial use Regulations
9. LMC 17.26 — Community Entryway Zoning District
10. LMC 17.62 — Conditional Land Uses
11. Additional Comments/Information provided by the Applicant.
CITY Or LAUREL, MONTANA
CONDITIONAL USE APPLICATION
Date received:
Twelve copies of this form, along with the appropriate fee, shall be submitted to the Planning Board
Secretary on the first day of the month prior to the month in which the application shall be heard by the
Zoning Commission. The Planning Board Secretary shall note the time of receipt, keep one copy, send
one copy to the Planning Director, and forward the remainder to the members of the Zoning
Commission. The Planning Board Secretary shall publish notice of a public hearing in the local
newspaper at least 15 days prior to the Zoning Commission meeting at which the application will be
considered; adjacent property owners of record within 150 feet of the application property shall also be
notified by mail by the Zoning Commission. The applicant or the authorized agent must attend the
public hearing before both the Zoning Commission and the City Council.
1. Name of Land Owner!) % � 44-cy- LG
2. Address: _1 �0 � '� &
3. Phone #: !�)�) Ul0
4. Legal Description of Property asking for Conditional Use:
No SAAB �6�o �C LEI, cis)
5. Address of property or general location:'? 0 �y i 0
6. Map Showing Property Location with Circle Drawn within 150' thereof.
7. List of Property Owners of Record within the 150' Perimeters. (Obtained from the County Clerk
and Recorder's Office first (4`h floor of County Courthouse) and the Department of Revenue
Office second (10' floor of Wells Fargo ank Building in downtown Billings).
8. Existing Zoning (M(A OVC i L ,
9. Specific Land being equested: � cu ho 1'' CCI D}
a1� tCV n1,, C+0C
10. Reason for Request: I ) el r V — , it/ -r_,L t�
17A
11. Scaled Drawing of the properly showbng the proposed use and improvements, adjacent land use,
fences, driveways, etc.: �tM P I rt3
12. Other Information as may be required by the City.
13. Review fee paid and date paid: $550 residential
$1,100 commercial
After the public hearing for the conditional use, the Zoning Commission shall delay its recommendation
to the City Council no longer than 30 working days. The City Council shall publish notice of and
conduct a second public hearing before the Council, consider the recommendation of the Zoning
Commission, and make its decision.
Scheduled before Planning Board:
Final Approval:
Scheduled before City Council:
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MINUTES
CITY OF LAUREL
R� CITY/COUNTY PLANNING BOARD
WEDNESDAY, JANUARY 20, 2021
5:35 PM
CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
1. Roll Call
The Chair called the meeting to order at 5:36pm
Jon Klasna
Evan Bruce
Roger Giese
Dan Koch
Judy Goldsby
Ron Benner (Arrived at 5:37pm)
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: December 16, 2020
Dan Motioned to Approve the meeting minutes from the December 16 2020 meeting as presented
Evan seconded.
Motion Carried.
New Business
Old Business
3. Conditional Land Use: Soda Station Kiosk
Nick provided a summary of the previous planning board meeting and public hearing. The Applicant
Annie Larson and associates were present (Cassie, Ed (owner of the property), and Randy (business
owner, landlord for current location)).
Ron had concerns about the driveway and traffic direction. Suggested moving the stand to the interior of
the lot
• The future plan is to build another full structure on the back of the lot, with a drive through off of
2°d Avenue. The Soda Station operation will then be located within the building.
Ron remembered a previous discussion at City Council about ingress/egress and the issues it poses.
• The plan with the second building is to have a parking lot to the west of the building, which will
have the cars stacked for the drive-thru within the parking lot.
Roger: There is a lot of traffic at various times through that area. Is the kiosk moveable?
• The building will be tied to city services but is a temporary structure. Plan to have a water and
sewer line to the future building.
Where is the current location?
• Off of Shiloh, with another location planned in the Heights.
• It will be a new building.
Plan to trench over to the kiosk, as if building 2 was already there.
Will the building have bathrooms?
• No, we have agreements with nearby businesses to utilize restrooms for employees at this time.
Judy: Status of garbage collection?
• The dumpster for the lot is behind the Chiropractor office/Dominos.
Discussion of timeline of getting the second building constructed.
• 6-12 months
• Will place an extra bin behind Town Pump to utilize.
Discussion of utilities
• There is one utility meter for the whole small complex. The tenants and owner pay the bill
through that.
Ron discussed his worry about temporary businesses and kiosks that don't have to pay full taxes like
other major brick and mortar operations.
• Cassie: The flip side of not paying full taxes/fees for full brick and mortar is a limited scope of
operations.
• Plan to create up to 12 jobs within the community.
• Have gotten good feedback from Laurel high school students who like working at thee existing
Billings kiosk and are excited to work locally.
Judy: would the 2nd building be a full drive through and walk-in service?
• The structure would be mostly geared towards drive-thru but would have limited walk-in service.
Members discussed the different issues at hand and certain added conditions of approval.
Nick restated the conditions of approval:
• Moving the structure to the interior of the lot
• Must begin construction of future permanent structure within 12 months of Conditional Land
Use approval.
• Establish a bathroom agreement with nearby business.
• Hook-up to city services (Water and Sewer)
Ron Motioned to approve the conditional land use application for the Soda Station beverage kiosk with
the conditions included in the staff report as well as those additional conditions established by Planning
Board.
Dan Seconded.
Motion Carried.
Other Items
4. Uniquities Sign Review
Planning Board members reviewed the sign design and Laurel zoning code.
Ron Motioned to approve the Uniquities Sign as designed.
Jon Seconded.
Motion Carried.
5. Upcoming Projects
Discussion of Cherry Hills Yd Filing.
Discussion of the status of Goldberg Sporting Estates.
Follow up with Dan Wells for Regal Community Park?
• Nick will be following up on the multiple issues that Planning Board and City Council have
noted.
SE 4th Variance upcoming at February or March meetings.
Iron Horse Station 2nd Phase discussion. Should be finalized soon.
Nick will also be following up on the affordable housing project off 8th Ave.
Announcements
6. Adjourn
The Chair adjourned the meeting at 6:35pm.
7. Next Meeting: February 17, 2021
The City makes reasonable accommodations for any known disability that may interfere with a person's ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk's Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
UBLIC HEARING NOTICE
The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a
conditional land use application submitted by Annie Pugmire on behalf of Soda Station to operate a soda
stand at 720 15t Avenue. This property is zoned Community Commercial (CC) and is within the Community
Entryway Zoning district (CEZD). The Zoning Commission hearing is scheduled for 5:35PM on Wednesday,
December 16, 2020 Via Zoom Meeting. The meeting log -in details will be available on the meeting
agenda. Additionally, the City Council has scheduled a public hearing and consideration of approval for
the conditional use that is scheduled for 6:30 P.M. on Tuesday, January 12, 2021 Via Zoom Meeting.
A Conditional Land Use Application is required to operate a soda stand at 720 15t Avenue because that
type of use and structure is not described in Chapter 17.20 — Commercial — Industrial Use Regulations.
The conditional land use permitting process is intended to provide a detailed and comprehensive review
of the proposed use and ensure that the interest of the public, the community, and surrounding
neighborhood are protected. Conditional uses that are granted by the city are site specific and run with
the land. Land use changes not specifically included in the approval of the conditional use are a violation
of the city zoning ordinance.
Public comment is encouraged and can be provided at the public hearings on December 16th and January
12th. Public comment can also be made via email to the Planning Director, or via letter to the Planning
Department office at 115 West 15C Street Laurel, MT 59044. A copy of the conditional use application and
supporting documentation is available for review upon request at the Planning Department office.
Questions regarding this public hearing may be directed to the Planning Director at 628-4796 ext. 5, or via
email at cityplanner@laurel.mt.gov.
PUBLIC HEARING NOTICE
The Laurel City Council will conduct a public hearing on a conditional land use application submitted by
Anne Pugmire on behalf of Soda Station to operate a soda stand at 720 1" Avenue. This property is zoned
Community Commercial (CC) and is within the Community Entryway Zoning district (CEZD). The City
Council has scheduled a public hearing and consideration of approval for the conditional use for 6:30
P.M. on Tuesday, February 23`d, 2021 Via Zoom Meeting. The meeting log -in details will be available on
the meeting agenda.
A Conditional Land Use Application is required to operate a soda stand at 720 Vi Avenue because that
type of use and structure is not described in Chapter 17.20 — Commercial — Industrial Use Regulations.
The conditional land use permitting process is intended to provide a detailed and comprehensive review
of the proposed use and ensure that the interest of the public, the community, and surrounding
neighborhood are protected. Conditional uses that are granted by the city are site specific and run with
the land. Land use changes not specifically included in the approval of the conditional use are a violation
of the city zoning ordinance.
Public comment is encouraged and can be provided at the public hearing on February 23rd. Public
comment can also be made via email to the Planning Director, or via letter to the Planning Department
office at 115 West VL Street Laurel, MT 59044. A copy of the conditional use application and supporting
documentation is available for review upon request at the Planning Department office. Questions
regarding this public hearing may be directed to the Planning Director at 628-4796 ext. 5, or via email at
cityplanner@laurel.mt.gov.
I
Q•
W
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG
RP NC
CBD
CC
HC
LI
I HI
P
Accessory buildings or uses incidental and customary to a permitted
residential use and located on the same parcel 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 halls and stadium
SR
SR
SR
SR
Assembly of machines and appliances from previously prepared parts
SR
SR
SR
I 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
A
A
A
A
A
Automobile wrecking yard
SR
Bakery products manufacturing
SR
A
A
A
Bakery shops and confectioneries
A
A
A
A
A
Banks, savings and loan, commercial credit unions
A
A
A
A
A
Barber and beauty shops
A
A
A
A
A
Bed and breakfast inns
A
A
A
A
Bicycle sales and repair
A
A
A
A
A
Blueprinting and photostating
A
A
A
A
A
Boarding and lodging houses
A
A
A
A
Boat building and repair
I
A
A
A
Boat sales new and used
I
A
A
A
A
Boiler works (manufacturing servicing)
A
Boiler works (repair and servicing)
A
A
Book and stationery store
A
A
A
A
A
Bottling works
I
A
A
Bowling alleys
A
A
A
A
Brick, tile or terra cotta manufacture
A
Bus passenger terminal buildings local and cross country
A
A
A
A
Bus repair and storage terminals
A
A
A
Camera supply stores
A
A
A
A
A
Camps, public
SR
A
A
Car washing and waxing
A
A
A
Car wash - coin operated
A
A
A
A
A
Cement, lime and plastic manufacture
I
I
A
Ceramics shop
SR A
A
A
A
A
Chemical and allied products manufacture
A
Child care facilities
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 I
A I
A
A
A
Clinics, medical and dental
SR A
A
A
A
A
Clothing and apparel stores
A
A
A
A
A
Coal or coke yard
A
Cold storage
A
A
A
Colleges or universities
IA
A
A
A
A
Commercial recreation areas
SR
A I
A I
I
A
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG
RP NC
CBD
CC
HC
LI
HI P
Commercial food products, storage and packaging
SR
A
A
Communication towers (commercial)
A
A A
A
A
A
A
A SR
Concrete mixing plants and manufacturing of concrete products
A
A
Construction contractors:
Office
A
A
A
A
A
A
Open storage of construction materials or equipment
SR
A
I A
Community residential facilities:
Adult foster family care home
A
A
A
A
Community group home
A
A
A
A
Halfway house
A
A
A
I A
Youth foster home
A
A
A
A
Youth group home
A
I A
A
A
Nursing, homes, convalescent homes, orphanages, and charitable
institutions
A
A
A
A
Crematorium
SR
A
A SR
Creameries, dairy products manufacturing
A
A
Creosote manufacturing or treatment plants
A
Department stores
A
A
A
A
Drug stores
A
A
A
A
A
Dry kiln
A
Dwellings: single-family Manufactured home
A
A A
A
A
Class A, Class B, Class C
two family
A
A
A
multiple family
A
A
A
row housing
SR
SR
SR
Eating and drinking establishments:
Cocktail lounge, restaurants, bars and taverns
SR
SR
SR
SR
Restaurants (without the sale of alcoholic beverages)
A
A
A
A
Drive-in restaurants
SR
SR
SR
Extractive industries - excavations of sand and gravel
SR
SR
Farm implements, sales and service
I A
A
A
Fat rendering or production of fats and oils
SR
Feedlots – livestock
A
SR
Feed and seed processing and cleaning for retail purposes
Feed and seed - farm and garden retail sales
A
A
A
Fertilizer manufacturing
SR
Fertilizer wholesale sales
SR
SR
A
Fertilizer - retail sales
A
A
A
Florist, wholesale sales
SR
A
A
A
Florist, retail sales
I A
A
A I
A
A
Flour mills
SR
SR
Food products manufacturing, storage and processing
SR
SR
A
Food stores (retail only)
A
A
A
A
Food stores (retail only) - 3000 sq. ft.
A
A
A
A
A
Foundry
A
Frozen food lockers
I
A
A
A
Fuel oil, gasoline and petroleum products bulk storage or sale
A
A
A
Furnace repair and cleaning
A
A
A
A
Furniture and home furnishings, retail sales
A
A
A
A I
A
Furriers, retail sales and storage
A
A
A
A
A
Gambling establishments
A
A
A
A
Garbage, offal and animal reduction or processing
I
SR
Garbage and waste incineration
SR
Gas storage
SR
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC
CBD
CC
HC
LI
HI
P
Gases or liquified petroleum gases in approved portable metal containers
for storage or sale
A
A
A
Grain elevators
A
SR
SR
A
Greenhouses
A
A
A
A
A
Hardware, appliance and electrical supplies, retail sales
A
A
A
A
Hatcheries
A
SR
SR
Heliports
SR
SR
SR
SR
SR
Hobby and toy stores
A
A
A
A
A
Hospitals (for the care of human patients)
A
A
A
A
A
Hospital, animal
A
SR
SR
A
A
A
Hotels
A
A
A
Industrial chemical manufacture except highly corrosive, flammable or
toxic materials
SR
Irrigation equipment sales and service
A
A
A
A
Jails and penal institutes
A
Janitor service
A
A
A
A
Jewelry and watch sales
A
A
A
A
A
Kennels—commercial
A
SR
A
A
Laboratories for research and testing
SR
A
A
Landfills - reclamation or sanitary
A
Laundries, steam and dry-cleaning plants
A
A
Laundries, steam pressing, dry-cleaning and dyeing establishments in
conjunction with a retail service counter under 2500 sq. ft. in size
A
A
A
A
A
Laundries, pick up stations
A
A
A
A
A
Laundries, self-service coin operated
A
A
A
A
A
Libraries, museums, and art galleries
A
A
A
A
A
A
Lock and gunsmiths
A
A
A
A
A
Lodges, clubs, fraternal and social organizations provided that any such
club establishment shall not be conducted primarily for gain
A
A
A
Lumber yards, building materials, storage and sales
A
A
A
Machine shops
SR
A
A
Manufacturing - light manufacturing not otherwise mentioned in which
no excessive fumes, odors, smoke, noise or dust is created
SR
A
A
Heavy manufacturing not otherwise mentioned or blending or mixing
plants
SR
SR
Meat processing - excluding slaughter plants
SR
A
Meat processing, packing and slaughter
SR
Medical marijuana cultivation facility or cultivation facility
A
A
Medical marijuana dispensary or dispensary
A
Metal fabrication
SR
SR
A
Motorcycle sales and repair
A
A I
A
A
Mortuary
A
A
A
A
A
Motels and motor courts
I I
A
A
A
Music stores
A
A
A
A
A
Office building, professional government and private office buildings in
which no activity is carried on catering to retail trade and no stock of
goods is maintained for sale
SR SR A
A
A
A
A
A
SR
Office equipment, supplies and service
A
A
A
A
A
Optician and optical supplies and sales
A
A
A
A
A
Oxygen manufacturing and/or storage
A
Paint and body shops
A
A
A
A
A
Paint and retail sales
A
A
A
A
A
Parking, public
SR A
A
A
A
A
A
A
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
(Ord. No. 009-01, 3-17-09; Ord. No. 009-07, 7-7-09; Ord. No. 011-01, 2-15-2011; Ord. No. 0-14-03,8-5-2014)
AG
RP NC CBD
CC
HC
LI
HI
P
Parks, playgrounds, playfields and golf courses, community center
buildings - operated by public agency, neighborhood or homeowner's
association
A
SR
A
Pawn shops
A
A
A
A
Pet shops
A A
A
A
A
Photographic studios
SR A A
A
A
A
Planing or saw mills
A
Post -secondary school
A
A A A
A
A
A
Prefabricated building materials assembly and manufactures
SR
A
A
Preschool
A
SR SR SR
Printing, publishing, reproduction and lithography
A
A
A
A
A
Processing of previously slaughtered meats, including cutting, wrapping,
and freezing by freezer and locker provisioners
A
A
A
A
Public utilities service installations
SR
SR SR A
A
A
A
A
SR
Public utilities storage yard
A
A
A
SR
Radio and TV broadcasting stations
A
A
A
A
A
Radio and TV tower
A
A
A
SR
Railroad yard
A
A
Real estate office
A A
A
A
A
Rental service store and yard
A
A
A
Repair and servicing of industrial equipment and machinery
A
A
A
School, commercial
A A
A
A
A
Scrap yards - storage and processing
A
Secondhand stores and/or antique store
A
A
A
A
Sheet metal shops and processing
A
A
Shoe repair
A
A
A
A
A
Sign manufacturing, painting and maintenance
A
A
A
Sign
Billboards
SR
SR
SR
SR
On premises
A
SR A A
A
A
A
A
Off premises
SR
SR
SR
SR
SR
SR
Slaughterhouse
SR
SR
Sporting goods sales
A
A
A
A
Storage, compartmentalized storage for commercial rent
I I
I
SR
SR
Storage and warehouse and yards
SR
A
Stone cutting, monuments manufacturing and sales
SR
A
Sugar and sugar beet refining
SR
Swimming pools or beaches, public
A
Taxi stands
A
A
A
A
Theaters, cinema, opera houses
A
A
A
Drive-in theaters
SR
Tire recapping and retreading
A
A
A
Trailer and recreational vehicle sales area
A
A
A
Travel trailer park (transient)
SR
Truck terminals, repair shops, hauling and storage yards
A
A
A
Water and sewage treatment plant
A
I
I
A
Wholesale and jobbing establishments
SR
A
A
Woodworking shops, millwork
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. 0-14-03,8-5-2014)
17.16.010 - List of uses.
Table 17.16.010 designates the special review (SR) and allowed uses (A) in residential districts.
Table 17.16.010
RE
22,000
R
7,500
R
6,000
RLMF
RMF
RMH
PUD
SR
RT
Accessory building or use incidental to any permitted
residential use customarily in connection with the principal
building and located on the same land parcel as the
permitted use
A
A
A
A
A
A
A
A
Animals (see zoning district description for specifics)
A
Automobile parking in connection with a permitted
residential use
A
A
A
A
A
A
A
A
Bed and breakfast inn
SR
SR
SR
SR
SR
SR
SR
SR
Boarding and lodging houses
SR
SR
SR
SR
SR
SR
SR
SR
Cell towers (see Sections 17.21.020-17.21.040)
Cemetery
SR
SR
SR
SR
SR
SR
SR
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
SR
SR
SR
SR
SR
Churches and other places of worship including parish
house and Sunday school buildings
SR
SR
SR
SR
SR
SR
A
SR
Communication towers (see Sections 17.21.020-
17.21.040)
Community residential facilities serving eight or fewer
persons
A
A
A
A
A
A
A
A
Community residential facilities serving nine or more
persons
SR
SR
SR
SR
SR
SR
SR
SR
Orphanages and charitable institutions
SR
SR
SR
SR
SR
SR
A
SR
Convents and rectories
SR
SR
SR
SR
SR
SR
A
SR
Crop and tree farming, greenhouses and truck gardening
Day care facilities
SR
SR
SR
SR
SR
SR
SR
SR
Kennels (noncommercial)
A
A
A
A
A
A
A
A
Dwellings Single-family
A
A
A
A
A
A
A
A
Two-family
A
A
A
A
Multifamily
A
A
A
Manufactured homes
Class A
A
Class B
A
Class C
A
Row Housing
SR
SR
A
Family day care homes
A
A
A
A
A
A
A
A
Greenhouses for domestic uses
A
A
A
A
A
A
A
A
Group day care homes
A
A
A
A
A
A
A
A
Home occupations
A
A
A
A
A
A
A
A
Parking, Public
SR
SR
SR
SR
SR
SR
SR
SR
Parks, playgrounds, playfields, and golf courses community
center buildings—operated by public agency,
neighborhood or homeowners' associations
A
A
A
A
A
A
A
A
Planned developments
A
Post -secondary school
A
A
A
A
A
A
A
A
Preschool
SR
SR
SR
SR
SRSR
SR
SR
Public service installations
SR
SR
SR
SR
SR
SR
SR
SR
Schools, commercial
SR
SR
SR
SR
SR
SR
SR
SR
Schools, public elementary, junior and senior high schools
A
A
A
A
A
A
A
A
Towers (see Sections 17.21.020-17.21.040)
Chapter 17.62 - CONDITIONAL LAND USES
17.62.010 - Purpose.
The purpose of conditional land uses is to provide for specific uses, other than those already allowed in
each zoning district, which may be compatible uses in the district under certain safeguards or
conditions. The conditional land use permitting process is intended to provide a detailed and
comprehensive review of such proposed, compatible developments and to insure the interest of the
public, the community, and the larger neighborhood area are protected. Conditional uses, once granted
by the city, are sight specific and run with the land. Land use changes not specifically included in the
approval of a conditional use are a violation of the city zoning ordinance.
(Ord. 03-4 (part), 2003)
17.62.020 - Requirements.
No structure or land use may be used for any purpose other than those allowed within a zoning district
as specified in the zoning ordinance unless either a variance has been granted (under Chapter 17.60 or
17.64 of this code) or a conditional land use permit therefor has been provided. The zoning commission
may recommend and the city can require any information that will allow the decision makers to
comprehensively evaluate and decide on applications for conditional uses brought before them. The
zoning commission may recommend and the city can require, after consideration of the application for
conditional use, those conditions under which such land use may be allowed to include but not be
necessarily limited to the following:
A. Adequate ingress and egress with concern for vehicular and pedestrian safety and convenience,
traffic flow and control, and emergency access as reviewed and approved by the city public
works director;
B. Adequate off-street parking and loading with attention to vehicular and pedestrian safety and
traffic flow;
C. Conditions that control, specify, or plan for the generation of odors, noise, hours of operation,
signage, or impact on the neighborhood of natural systems;
D. Adequate landscaping, screening, mitigation of impact on adjacent property and buffering; and
E. Compatibility with adjacent and neighborhood land uses and Laurel's GMP.
(Ord. 03-4 (part), 2003)
17.62.030 - Application process.
Twelve copies of the conditional use application form and required review fee shall be submitted to the
planning board secretary thirty working days prior to the regularly scheduled zoning
commission/planning board meeting at which the application will be considered. The planning board
secretary shall note the time of receipt, keep one copy, send one copy to the city planner, and forward
the remainder to the members of the zoning commission.
A. The zoning commission shall publish notice of public hearing in the local newspaper at least
fifteen days prior to the zoning commission meeting at which the application will be
considered; adjacent property owners of record within one hundred fifty feet of the
application property shall also be notified by mail by the zoning commission. The applicant or
the authorized agent must attend the public hearings before both the zoning commission and
the city council.
B. The conditional use application shall include twelve copies of:
1. Conditional use application form;
2. Legal description of the property;
3. Address or general location of property;
4. Existing zoning;
5. Specific land use being requested;
6. Reason for request;
7. Scaled drawings of the subject property, proposed use, existing buildings and
improvements, adjacent land use, fences, etc.;
8. Other information as may be needed by the zoning commission;
9. Name, address and telephone number of owner of record;
10. Name, address and telephone number of agent of owner of record;
11. List of current property owners adjacent to and within one hundred fifty feet of the
parcel for which a conditional use permit is sought;
12. Review fee.
C. After the public hearing for the conditional use, the zoning commission shall delay its
recommendation to city council no longer than thirty working days. The city council shall
publish notice of and conduct a second public hearing before the council, consider the
recommendation of the zoning commission and make its decision.
(Ord. 03-4 (part), 2003)