HomeMy WebLinkAboutCity Council Minutes 04.13.2021APRIL 13, 2021
A regular meeting of the City Council of the City of Laurel, Montana, was held in the
Council Chambers and called to order by Mayor Tom Nelson at 6:31 p.m. on April 13, 2021.
COUNCIL MEMBERS PRESENT
COUNCIL MEMBERS ABSENT
OTHER STAFF PRESENT:
Emelie Eaton
Bruce McGee
Richard Klose
Scot Stokes
Heidi Sparks
Richard Herr
Iry Wilke
Don Nelson
Nick Altonaga, Planning Director
Karen Courtney, Building Official
Mayor Nelson led the Pledge of Allegiance to the American flag.
Mayor Nelson asked the Council to observe a moment of silence.
MINUTES:
Motion by Council Member McGee to approve the minutes of the regular meeting of March
23, 2021, as presented, seconded by Council Member Eaton. There was no public comment or
council discussion. A vote was taken on the motion. All seven council members present voted aye.
Motion carried 7-0.
CORRESPONDENCE:
® Laurel Airport Authority Minutes of February 23, 2021.
m Laurel Chamber of Commerce Agenda of April 8, 2021; Laurel Chamber of Commerce
Minutes of March 11, 2021.
�® Police Monthly Report - March 2021
0 Fire Monthly Report - March 2021
® Ambulance Monthly Report - March 2021
® Building Department Monthly Report - March 2021
COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS: None.
PUBLIC HEARING:
® Public Hearing - An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel
Municipal Code Relating To The Adoption And Enforcement Of Building Codes For
The City Of Laurel As Required By The State Of Montana.
Mayor Nelson stated this is the time and place set for the public hearing on the City of Laurel's
Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal Code Relating To The
Adoption And Enforcement Of Building Codes For The City Of Laurel As Required By The State
Of Montana.
Mayor Nelson opened the public hearing and asked Staff to present the item.
Karen Courtney, Building Official, stated the original Ordinance adopting the various building codes
was passed in 2005 adopting the 2003 building codes. The referenced codes were updated by
Administrative Order in 2015 to the 2012 building codes. Portions of the Codes were amended on
January 28, 2020.
As of February 13, 2021, The State of Montana Building and Commercial Measurements Bureau
adopted the 2018 International Energy Conservation Code with modifications. In accordance with
the Administrative Rules of Montana, certified cities are required to adopt those codes within 90
days.
Q�
Council Minutes of April B, 2021
Due to the necessary changes to the sections of each building code to make penalties and references
required by the jurisdiction having authority, other sections are also being amended. Therefore, we
are requesting that the Council approve to adopt the Ordinance amending Title 14 of the Laurel
Municipal Code.
Mayor Nelson opened the floor for public comment and stated that copies of the rules governing the
public hearing were posted in the council chambers.
Mayor Nelson asked three (3) times if there were any proponents. There were none.
Mayor Nelson asked three (3) times if there were any opponents. There were none.
Mayor Nelson stated that he would not have Staff respond to questions as there were none.
Mayor Nelson closed the public hearing.
Public Hearing - A Resolution Of The City Council Granting A Variance From The
City's Zoning Ordinance To Disregard The Bufferyard Requirement, Sight -Obscuring
Fence Requirement And Building Design Standards On A Parcel Of Property Located
On East Railroad Street.
Mayor Nelson stated this is the time and place set for the public hearing on the City of Laurel's
Resolution Of The City Council Granting A Variance From The City's Zoning Ordinance To
Disregard The Bufferyard Requirement, Sight -Obscuring Fence Requirement And Building Design
Standards On A Parcel Of Property Located On East Railroad Street.
Mayor Nelson opened the public hearing and asked Staff to present the item
Nick Altonaga, Planning Director, briefly reviewed the attached Staff report
Mayor Nelson opened the floor for public comment and stated that copies of the rules governing the
public hearing were posted in the council chambers.
Mayor Nelson asked if there were any proponents.
Chuck Hendricks, with EEC Engineering at 720 Lohwest Lane Billings, stated they are the
engineering firm the owners have contracted with to apply for this variance. As Nick stated, this
variance is almost identical to the variances. We have been here in the past few years, representing
both Midway rentals and Laurel Trading Post. The bufferyard requirement, all they are doing there is
removing trees due to the sewer line; they are still doing a landscaped bufferyard along the interstate.
Per the request of the building design standards, they are using a little bit of exposed metal fastener
panel in addition to concealed metal fastener panel as an architectural aspect to the building. They
still feel that it meets the intent of the code. It will give an attractive -looking building, not just a
square box metal building shop. The sight obscuring fence would inhibit the property owner from
displaying their merchandise and the ability for anyone driving down the interstate or anywhere to
easily view their merchandise. It would inhibit them to sell merchandise. The other variance, as for
the 4th street overlay district, asks for some half log and some wood siding and stone to be aspects of
the building. They do have some architectural metal panels that are wood -looking panels. There are
some rough sawn timbers for the entiyway canopy. They do not have any stone in the same since
they are meeting the intent of the code and tying in with the looks of the surrounding buildings. They
are obviously for this variance and appreciate Council's time.
Mayor Nelson asked two (2) times if there were any proponents. There were no additional
proponents.
Mayor Nelson asked three (3) times if there were any opponents. There were none.
Mayor Nelson stated that he would not have Staff respond to questions as there were none.
Mayor Nelson closed the public hearing.
Council Minutes of April 13, 2021
g Public Hearing - A Resolution Approving A Zone Change For Property Located At 801
East Main Street Within The City Of Laurel.
Mayor Nelson stated this is the time and place set for the public hearing on the City of Laurel's
Resolution Approving A Zone Change For Property Located At 801 East Main Street Within The
City Of Laurel.
Mayor Nelson opened the public hearing and asked Staff to present the item.
Nick Altonaga, Planning Director, briefly reviewed the attached Staff report.
Mayor Nelson opened the floor for public comment and stated that copies of the rules governing the
public hearing were posted in the council chambers.
Mayor Nelson asked if there were any proponents
Shannon Otis, 2370 E. Spaulding Avenue Billings, stated she is with Investment Property Finance
Group, the owner of the property they are currently remodeling into three individual apartment units.
They are seeking the zone change to help them; while they don't have any plans for future
development, they would like to leave those options open so that they can fully utilize the lot to
expand if they desire in the future.
Mayor Nelson asked two (2) times if there were any proponents. There were no additional
proponents.
Mayor Nelson asked three (3) times if there were any opponents. There were none.
Mayor Nelson stated that he would not have Staff respond to questions as there were none.
Mayor Nelson closed the public hearing.
CONSENT ITEMS:
• Claims entered through April 9, 2021.
A complete listing of the claims and their amounts is on file in the Clerk/Treasurer's Office.
® Approval of Payroll Register for PPE 3/21/2021 totaling $188,095.20.
• Approval of Payroll Register for PPE 4/4/2021 totaling $199,003.57.
® Council Workshop Minutes of August 4, 2020.
® Council Workshop Minutes of August 25, 2020.
• Council Workshop Minutes of September 15, 2020.
• Council Workshop Minutes of November 3, 2020.
• Council Workshop Minutes of March 2, 2021.
® Council Workshop Minutes of March 16, 2021.
• Council Workshop Minutes of April 6, 2021.
The Mayor asked if there was any separation of consent items. There was none.
Motion by Council Member Eaton to approve the consent items as presented, seconded by
Council Member McGee. There was no public comment or council discussion. A vote was taken on
the motion. All seven council members present voted aye. Motion carried 7-0.
CEREMONIAL CALENDAR: None.
—�,V,-,
—
Council Minutes of April 13, 2021
REPORTS OF BOARDS AND COMMISSIONS:
® Budget/Finance Committee Minutes of March 23, 2021.
• City/County Planning Board Minutes of March 17, 2021.
• Park Board Minutes March 4, 2021.
AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None.
SCHEDULED MATTERS:
Appointment of Jake Worden to the Laurel Volunteer Fire Department.
Motion by Council Member Sparks to approve the Mayor's appointment of Jake Worden to
the Laurel Volunteer Fire Department, seconded by Council Member Eaton. There was no public
comment or council discussion. A vote was taken on the motion. All seven council members
m present voted aye. Motion carried 7-0.
® Appointment of Russ Bunn, Andrew Zimermann, Mariel Riley, and Amanda Hemmen
to the Laurel Volunteer Ambulance Service.
Motion by Council Member Nelson to approve the Mayor's appointment of Russ Bunn,
Andrew Zimermann, Mariel Riley, and Amanda Hemmen to the Laurel Volunteer Ambulance
Service, seconded by Council Member Klose. There was no public comment or council discussion.
A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0.
® Appointment of Katie Fjelstad to the Library Board for the remainder of a five-year
term ending 6/30/2023.
Motion by Council Member Sparks to approve the Mayor's appointment of Katie Fjelstad to
the Library Board for the remainder of a five-year term ending 6/30/2023, seconded by Council
Member Klose. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
Resolution No. R21-23: A Resolution Of The City Council Approving A Three -Year
Agreement Between The City Of Laurel And Local Union Local 303, American
Federation Of State, County And Municipal Employees, AFSCME.
Motion by Council Member Herr to approve Resolution No. R21-23, seconded by Council
Member Wilke. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
* Resolution No. R21-24: A Resolution Of The City Council Authorizing The Mayor To
Request A Traffic Study For A Portion Of West Main Street Within The City Of
Laurel.
Motion by Council Member Wilke to approve Resolution No. R21-24, seconded by Council
Member Klose. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
® Resolution No. R21-25: A Resolution Of The City Council Granting A Variance From
The City's Zoning Ordinance To Disregard The Bufferyard Requirement, Sight -
Obscuring Fence Requirement And Building Design Standards On A Parcel Of
Property Located On East Railroad Street.
Motion by Council Member Klose to approve Resolution No. R21-25, seconded by Council
Member McGee. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
o Resolution No. R21-26: A Resolution Approving A Zone Change For Property Located
At 801 East Main Street Within The City Of Laurel.
Motion by Council Member McGee to approve Resolution No. R21-26, seconded by Council
Member Eaton. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
4
Council Minutes of April 13, 2021
• Ordinance No. 021-02: An Ordinance Amending Certain Chapters Of Title 14 Of The
Laurel Municipal Code Relating To The Adoption And Enforcement Of Building Codes
For The City Of Laurel As Required By The State Of Montana. (Second Reading)
Motion by Council Member Eaton to adopt Ordinance No. 021-02, seconded by Council
Member Wilke. There was no public comment or council discussion. A roll call vote was taken on
the motion. Council Members Sparks, Herr, Wilke, Klose, Nelson, McGee, and Eaton voted aye.
Motion carried 7-0.
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
COMMUNITY ANNOUNCEMENTS (ONE -MINUTE LIMIT): None.
COUNCIL DISCUSSION:
Council asked there be a discussion about allowing chickens at next week's Workshop.
Council noted that they are pleased to see the old Mabel's building coming into the business district.
That building was formally a well-known grocery store.
MAYOR UPDATES:
Mayor Nelson stated that Council received information about this year's Elected Officials conference
through the Local Government Center. This year's conference will be held virtually. Please let the
Council Secretary know if you are interested in attending.
UNSCHEDULED MATTERS: None.
ADJOURNMENT:
Motion by Council Member McGee to adjourn the council meeting, seconded by Council
Member Eaton. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
There being no further business to come before the Council at this time, the meeting was adjourned
at 7:07 p.m.
Brittney Moorm , Administrative Assistant
Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2711' day
of April 2021.
Thomas C. elson, Mayor
Attest:
Bethany LWerkW/Treasurer
l y " i t , i, •
STAFF REPORT
TO: Laurel City -County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: EBY Trailers — East Railroad Street Variance Request
DATE: March 24, 2021
A Variance Request Application was submitted by EEC Engineering for the property owner of
ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 113, AMD BLK 1 LT 1(17), located on East
Railroad Street in Laurel. Five (5) variances are being applied for to LMC Chapter 17.26 — Community
Entryway Zoning District and Chapter 17.27 — SE 4' Street Overlay District. The affected property is
currently not assigned an address. The parcel is zoned Highway Commercial and is within the
Community Entryway Zoning District and SE 4th Street Overlay District. The applicant is requesting
variances to disregard the bufferyard requirement, sight -obscuring fence requirement, and building
design standards. The applicant is requesting four variances to LMC 17.26 — Community Entryway
Zoning District including:
a. 17.26.052 Development Standards Part B: Building Design Standards, Part 1,
b. 17.26.052 Development Standards Part C: Additional Provisions for Commercial Uses,
c. 17.26.054 Landscaping Standards part B.1: Bufferyard Requirements.
d. 17.27.060 Building Design Requirements Part A
e. 17.27.070 Site Design Requirements Part C.
Owner: TNL Big Sky LLC
Legal Description: ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 16, AMD BLK 1 LT
1 (17)
Address: E. Railroad St.
Parcel Size: 3.2 Acres
Existing Land Use: Vacant Field
Proposed Variance: Design standards and landscaping standards within the Community Entryway
Zoning District and SE 41h Street Overlay District.
Existing Zoning: Highway Commercial, Community Entryway Zoning District, SE 4th Street Overlay
District
1
i
• A pre -application meeting was held in December 2021 with the Planning Director,
Building Official, and Public Works Director with staff from EEC Engineering, the
representatives of the owner/developer.
• The Variance Application was submitted on January 29, 2021.
• The Variance Application fee was submitted on January 29, 2021.
• A Public Hearing took place at the Planning Board / Zoning Commission meeting on
March 17, 2021 to receive public comment and approve, approve with conditions, or
deny the variance requests.
• The Planning Board voted to approve the Variances with the updated Staff Conditions.
• A Public Hearing is scheduled at the City Council meeting on April 13, 2021 to receive
public comment and approve, approve with conditions, or deny the variance requests.
1. The variance application packet is attached and contains the application form, application
cover sheet, detailed justification letter, fee receipt, a site plan, building design plans, and the
public notice.
2. LMC 17.26.052 Part B states:
1. All buildings shall be completed on all sides with one of the following finishing material: brick,
fluted block, colored textured block, glass, stucco, architectural concealed fastener metal
panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed seam
metal buildings shall be prohibited unless covered with an acceptable finishing material.
3. LMC 17.26.052 Part C. Additional Provisions for Commercial Uses states:
1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building
shall be within an area enclosed with a sight obscuring fence at least six feet in height that is
architecturally compatible in color and design with the building. However, promotional
displays, vehicle sales lots and plant materials may be displayed outside of an approved
building or enclosed area so long as they are placed appurtenant to a building wherein the
business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt
from the enclosure of plant materials, and displayed merchandise shall not include any used
equipment. Bufferyards or required landscaping shall not be used for the displaying of
merchandise.
2. LMC 17.26.054 Part B. Landscaping Standards states:
1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a
bufferyard (landscaping strip) adjacent to and along the length of 1-90, First Avenue North,
or First Avenue South on which the use fronts. Such landscaping buffer shall extend from
the edge of the public right-of-way. Placement and landscaping design shall be at the
discretion of the developer, and the required trees and shrubs may be clustered to
enhance the view of the property from the public right-of-way as long as such uses
conform with Section 17.26.052(C) of this code. A local design professional or local nursery
must be consulted for assistance with the development of the landscape design. The use
of native, drought -tolerant plant material is strongly encouraged. Evergreen trees are
2
encouraged for bufferyards, and canopy trees are encouraged for parking areas. The
planting of trees should be done in such a manner as to provide maximum solar efficiency
throughout the site.
a. The developer shall have the option of one of the following three bufferyards.
Bufferyard depth is measured from the property line adjacent to the public right-of-
way inward. Any buffer area which overlaps another buffer area shall be subtracted
from the total to avoid double counting. The number of trees and shrubs required is
per one hundred feet of frontage:
(1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs
(2) Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs
(3) Fifteen foot wide bufferyard: fifteen Canopy or evergreen trees, twenty Shrubs
4. LMC 17.27.060— Building Design Standards, Part A:
A. Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life.
The materials to achieve a rustic western appearance are required. Buildings shall be finished
with a minimum 40 percent half log and/or rock accents on the front fagade.
5. LMC 17.27.070— Site Design Requirements, Section C, which states:
a. Landscape islands are required at the terminal ends of all parking rows.
6. The applicant and staff discussed 17.26.052.B.1 and the significant design and building
costs and opportunity costs to future business operations if the Community Entryway
Zoning District codes are fully enforced as compared to similar businesses that currently
exist within the same districts. The proposed design incorporates frontage and fagade
details and changes in materials and textures to keep with a rustic western aesthetic.
7. 17.26.052.C.1 requires a sight obscuring fence for businesses storing merchandise outside of an
approved building. The applicant states that the facility will utilize a secure black 6' chain link
fence in order to secure the site, as well as ensure full visibility of products for the travelling
public.
8. In regard to 17.26.054.8.1, there currently exists a sanitary sewer utility line running along
the southern boundary of the property which would present serious future maintenance
issues and conflicts with established City of Laurel Public Works standards if a bufferyard
was constructed as per code.
9. The Applicant is proposing architectural wood panels with concealed fasteners and
exposed Douglas Fir Heavy Timbers as an alternative to the direct log accent requirement
as stated in 17.27.060.A. It is stated that this meets the spirit, intent, and purpose of the
code, and it would not affect or injure or result in injustice to others.
10. The Applicant is seeking a variance to 17.27.070.C. solely for the parking rows designated
for employees. This is a targeted variance solely on areas not accessible to the public, and
not visible to the general public accessing the site. This variance has been applied to in
order to not limit the potential for frequent maintenance issues and allow flexibility on-
site for removing and/or relocating display trailers and equipment from the showroom
and storage yard.
11. The Highway Commercial District was established to cater to the tourist, traveler,
recreationist, and general traveling public. Requirements to block highway -focused
businesses from marketing merchandise goes against the stated goal of the district.
3
The Zoning Commission shall review and make determinations on variances through Laurel Municipal
Code (LMC) Chapter 17.60.020:
A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such
land use variances from the terms of the zoning ordinances as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement of the provisions of the
ordinances or regulations will result in unnecessary hardship, and so that the spirit of the
ordinances shall be observed and substantial justice done. The zoning commission shall, after a
public hearing, make a recommendation to the mayor and council concerning the land use
variance application.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property;
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose and general plan of this
title;
6. Unless the variance would not affect adversely or injure or result in injustice to others;
and
A. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
The Planning Director and Planning Board / Zoning Commission recommend the approval of the
variances with the following conditions of approval:
1. The proposed fencing shall be black six (6) foot high chain link fencing shall be securely affixed
and/or anchored.
2. The proposed fencing shall not become an eye sore by way of a lack of maintenance and/or repair.
3. Ensure dust and gravel control measures are in place to keep road debris off of Public right of way.
4. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan.
5. The development shall comply with the requirements of the Laurel Sign Code.
1. Variance Application Form
2. Variance Justification Letter
3. Overhead Map with 300ft buffer
4. Site Elevations, Design, and Concept Images
5. List of Adjacent Property Owners within 300ft.
6. LMC 17.60— Zoning Commission
4
l LIVICl7.Z6—Community Entryway Zoning District
INSTRUCTIONS
CITY -COUNTY PLANNING VARIANCE REQUEST
These application instructions cover appeals from decisions of the Planning Department (and
sometimes other officials) and for requests for variances concerning setbacks, structures,
heights, lot coverage, etc.
This application form is supplied by the City and must be returned to the City.
The following is a list of information required for submittal to be considered complete.
1. It is mandatory that you meet with the City Planner prior to applying. The City Planner
will provide you with a map of the property owners within 300' that you must have
certified by a title company.
2. Provide a plot plan drawn to scale on paper not larger than 11"x17" which includes all
existing and proposed structures and proposed variance measurements.
3. A set of three mailing labels for each surrounding property owner within the 300 feet.
4. A detailed justification referring to the Laurel Municipal Code Chapter 17.60.020.
5. Application, with fee ($550 for residential; $1,100 for commercial), must be made on or
before the first day of the month prior to the month it will appear before the Laurel
City -County Planning Board.
The public hearing before the City -County Planning Board is held on the 3`d Wednesday of the
month at 5:35PM. in the City Council Chambers at 115 W. 1St Street, Laurel. Applicant or
Applicant Representative must be present at the meeting.
The Laurel City -County Planning Board makes a recommendation to the City Council. The City
Council will review the application at Council Workshop and then make a decision on the
Council agenda.
Laurel Variance Request Application
This application covers appeals from decisions of the Planning Department (and sometimes
other officials) and for requests for variances concerning setbacks, structures, heights, lot
coverage, etc.
The undersigned owner or agent of the owner of the following described property requests a
variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of
Montana.
1. Name of property owner: TNL Big Sky, LLC
2. Name of Applicant if different from above: Chuck Henrichs - EEC Inc.
3. Phone number of Applicant:_ 406.839.9151
Entrainment Park Sub. Block 1, Lot 1 B
4. Street address and general location: E. Railroad St., Laurel, MT 59044
Entrainment Park Sub., S15, T02 S, R24 E, Block 1, Lot 1 B,
5. Legal description of the property: AMD BLK1 LT1 (17)
6. Current Zoning: Highway Commercial (HC), Entryway Zoning Districts (EZD)
7. Provide a copy of covenants or deed restrictions on property.
I understand that the filing fee accompanying this application is not refundable, that it pays
part of the cost of process, and that the fee does not constitute a payment for a variance. I
also understand I or my agent must appear at the hearing of this request before the Planning
Board and all of the information presented by me is true and correct to the best of my
knowledge.
Signature of Applicant:
Date of Submittal: 01/28/21
City -County Planning Variance Request
EGGART ENGINEERING AND CONSTRUCTION
01/28/20
Laurel City -County Planning Board
115 W. First Street
Laurel, MT 59044
RE: City -County Planning Variance Request: Items #9-5
To whom it may concern,
Enclosed you will find completed, all the information required for our submittal to be considered for review
and recommendation by the Laurel City -County Planning Board.
1. We met with the City Planner on 12/16/2020, to discuss this project/variance and provided a map of
property owners within 300 feet of the property, see attached.
2. See attached 11 x1 7 (Half -Scale) drawings, which includes all existing and proposed structures and
proposed variance measurements. 9 sheets: C101, A.1, A.2, A.3, AA, and four concept renderings
(A.5 -A.8).
3. See the provided set of three mailing labels for each surrounding property owner within the 300 feet.
4. With the following five proposed variance measures, we provide a detailed justification referring to
the Laurel Municipal Code Chapter 17.60.020.
A. Reference Section 17.26.052 Development Standards — B. Building Design Standards which
states `All buildings shall be completed on all sides with one of the following finishing
materials: ... architectural concealed fastener metal panels. "
The material under review for this variance request is an exposed fastener vertical metal
panel siding, see attached Exterior Elevations and Material Board sheets (A.2 -A.4) for full
scope. We are proposing the architectural concealed fastener metal panels around the
public frontage/entrance section as detailed, which meet the requirements set for under the
Building Design Standards. However, at the shop we are proposing an exposed fastener
vertical metal panel siding that does not meet the "concealed fastener" standard, a situation
very similar to the two neighboring facilities recently completed. The change in
materials/texture allows the design to create a sense of hierarchy that helps to define the
entrance with more detail and direct visitors. This design approach does in our view meet
the spirit or intent of the standard set forth. Based on the Laurel Municipal Code Chapter
17.60.020 #5, we believe the requested variance "would be within the spirit, intent, purpose
and general plan of this title" and #6 the requested variance "would not affect adversely or
injure or result in injustice to others."
City -County Planning Variance Request
01/28/20
EGGABT ENGINEERING AND CONSTRUCTION
B. Reference Section 17.26.054 Landscaping Standards — B. Landscaping Standards which
states "I. Bufferyard Requirements. All commercial/Industrial land uses are required to place
a bufferyard (landscaping strip) adjacent to and along the length of 1-90..." Furthermore, it
states "...The number of trees and shrubs required per one hundred feet of frontage: (2)
Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs..."
The material under review for this variance request item is a proposed 20'-0" Bufferyard that
meets the landscaping standard, however, does not provide the required 10 trees or fifteen
shrubs per one hundred feet of frontage, see attached Site Plan sheet C101 for full scope.
We have taken this direction after meeting with the City on a few recent projects, with the
realization that there is an existing Sanitary Sewer line that runs directly under the bufferyard,
the full extent of frontage on this property. It was clear that the City was not in favor of
putting trees nor shrubs directly above this existing line, under any circumstance. We feel
the same, it would be a design flaw and future maintenance issue. Please note, we do not
intend to utilize this bufferyard area in any way for our stormwater detention. Based on the
Laurel Municipal Code Chapter 17.60.020, we believe the requested variance meets
requirement #2 "Unless the grant relates to a condition or situation special and peculiar to the
applicant;" the existing location of the Sanitary Sewer line running directly under the
bufferyard creates that special situation/condition.
C. Reference Section 17.26.052 Development Standards — B. Additional Provisions for
Commercial Uses, which states "9. Storage of Merchandise. Any permitted storage of
merchandise outside an approved building shall be within an area enclosed with a sight
obscuring fence at least six feet in height that is architecturally compatible in color and
design with the building. However, promotional displays, vehicle sales lots and plant
materials may be displayed outside of an approved building or enclosed area so long as they
are placed appurtenant to a building wherein the business displays the bulk of its goods for
sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and
displayed merchandise shall not include any used equipment. Bufferyards or required
landscaping shall not be used for the displaying of merchandise."
The material under review for this variance request item is leaving in place the existing
barbwire fence running along the interstate and providing a new black 6' chain-link fencing, in
replace of a site obstruction fence (see attached Site Plan sheet C101 for full scope). M.H.
Eby is a leading provider of Trailers, Parts, and Service in Montana and offers a large
selection of horse, livestock, flatbed, and bulk commodity trailers, along with truck bodies,
associated parts, and more. It is key for the public to have full visibility to M.H. Eby's
merchandise available for sale and their service facility. The intent of the proposal is that all
sale merchandise for display along interstate 1-90 will be outside an approved building and
enclosed in the yard area appurtenant to the building. With the proposed existing fencing
and new black 6' chain-link fencing, merchandise for sale would be secure and still have the
visibility to the public that the sight obscuring fence would not allow. Additionally, the new
black 6' chain-link fencing would keep within the aesthetic of the surrounding properties
recently completed. Based on the Laurel Municipal Code Chapter 17.60.020, we believe the
City -County Planning Variance Request
01/28/20
EOOART ENOINEERINO AND CONSTRUCTION
requested variance meets requirement #2 "Unless the grant relates to a condition or situation
special and peculiar to the applicant;" and requirement #3 "Unless the basis is something
more than a mere financial loss to the owner." The 6' sight obscuring fence creates the
inability to display merchandise for sale which is a special situation/condition to a trailer
supply/service company and would easily create a basis for more than a mere financial loss.
D. Reference Section 17.27.060 - Building Design Requirements, Section A which states
"Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long
life. The materials to achieve a rustic western appearance are required. Buildings shall be
finished with a minimum 40 percent half log and/or rock accents on the front fagade. "
The material under review for this variance request is the requirement to finish the front
fagade with a minimum 40 percent half log and/or rock accents, see attached Exterior
Elevations and Material Board sheets (A.2 -A.4) for full scope. We are proposing a horizontal
architectural concealed fastener metal panel around the top of public frontage/entrance
section, with a change in color/panel direction at the more pedestrian level as detailed.
Specifically, around the main public entrance, great care was taken in further emphasizing
the rustic western aesthetic by utilizing architectural wood panels with concealed fasteners
and exposed Douglas Fir Heavy Timbers. We believe this approach would meet the
requirements set forth under the Building Design Requirements and achieves its intent by
providing a rustic western appearance without the need to add rock accents on the front
fagade. Our design strategy with this facility is to keep with this rustic western aesthetic
throughout the facade, while utilizing the change in color/texture to allow the design to create
a sense of hierarchy that helps to define the entrance with more detail and direct visitors.
This design approach does in our view meet the spirit or intent of the standard set forth.
Based on the Laurel Municipal Code Chapter 17.60.020 #5, we believe the requested
variance "would be within the spirit, intent, purpose and general plan of this title" and #6 the
requested variance "would not affect adversely or injure or result in injustice to others."
E. Reference Section 17.27.070 — Site Design Requirements, Section C which states
"Landscape islands are required at the terminal ends of all parking rows."
The material under review for this variance request item is the proposed concrete surfaced
employee parking stalls on the North and South side of the building and not providing a
landscape island at the terminal ends of each parking rows. This Variance is limited only to
these 2 employee parking areas, which are on the interior of the proposed new fence line
and would not be accessible to the public, see attached Site Plan sheet C101 for full scope.
The intent of both parking rows is to be employee only and it should be noted, the terminal
ends on the public accessible/facing side (east), we are providing landscape islands as
required. At both employee parking sections, each is to be hard surfacing (concrete) and laid
out in a similar manner to the recent facilities in the area. The Design Intent with not
providing these "interior/employee" landscape islands are to limit the potential for frequent
maintenance issues and allows for some flexibility when adding or removing display
trailers/equipment from the showroom and yard. The proposed design for the public
City -County Planning Variance Request
01/28/20
EGGART ENGINEERING AND CONSTRUCTION
facing/public accessible parking stalls and related site landscape islands is above and
beyond the required/standards set in the site design requirements. For example, we are
providing 2,778 S.F. of parking landscaping, while only 480 S.F. of parking landscaping is
required. This overall design approach does in our view meets the spirit or intent of the
standard set forth and pursuant with precedent set with similar recently completed projects.
Based on the Laurel Municipal Code Chapter 17.60.020 #5, we believe the requested
variance "would be within the spirit, intent, purpose and general plan of this title" and #6 the
requested variance "would not affect adversely or injure or result in injustice to others."
5. See attached completed Laurel Variance Request Application and associated fee of $1,100 for a
commercial property.
Sincerely,
is II S
Chuck Henrichs, P.E.
Vice President of Engineering, EEC, Inc.
Owners Representative
G
I+Ll 1130
m m w m m m m m m m m m m
N
o o n o o c❑❑ -i o 0 g❑
-
I
Nqq
O
4
G
I+Ll 1130
m m w m m m m m m m m m m
N
o o n o o c❑❑ -i o 0 g❑
vvwgiwi t)t. llum",%Mm
*13aHs Lrvtmlaavw, J�oj �t >13010 1516-601900;a3lijo
'El ve"'s MI'm 90165 DN'SM11118
2O3nc)gu Z-6ZILO 'ansmuvd INaNNIVINBIN.4 9NVIISHAU401 OU
.Ls
BONVIUVA a01-A:J0/dOHS AIM HN ANVdNOD DNDd33N1DN3,LHV9D',q
o
ga
n INN
9
�-N
7
miff,
ME
e
Rgill
ATI
H a 'Poll:
DEEP fil' 9 Y!
4Y v�
V
OT V111
- 010
c w
9
MW
OF tz
7 7-77=7n
7
lQF
7-17-777� -
4
P6..
..... ------
-7-
06
ArqY
"too
-W-T-L-
v
3m
Is
-�, �33
te
z8
a«,b
1
------------
al MCI
I - - I
--a
4-L
---------------- 4 ------
I
El
i Atll..NNm I
V: ypK
2:6
7:b
i Atll..NNm I
V: ypK
2:6
7:b
G
O
0-
0--
41
V! I
e - 11. - I - ...I
........ .....
a
D
OP,
'U
w �
0
o
C <
J
O
V O
O
a'� 5
4
a
V
G
d-
dNb'1NOW J183 HW
� m
o _
0
Y" �v
O ' �
Ln
VNVINOW AM HW
�1
l I O
VNVINOW AM HW
a
F.
O"i
z!
oq
VNVINOIN A91 HW <
Ll
!! 4iIN i!4
j
MEEK,
N
a)O
o
M
m
cvi
m
99
m
Cn
N
O
N
O
O
M
o
d
N
Lo
I -i
O
cY
Ot
w
O
O
O
M
Ln
Ln
f-
N
F-
rn
to
F-
00
rn
O
rnrn
O
Ln
Ln
Ql
Ln
F
F-
c�
F
m
Oti
0)
F-
tc-
FG
C
W
a)
q
O
G
G
In
V
WW
CC
CC
_j
Ww
~
'ct
Cfi
W
Z
Z
Q
:
O
O
W
W
J
J
Q
m
W
a
`5
HFu-)
a)
J
O
J
O
J
O
J_
m
J
m
N
N
N
Ln
V,�
c~
a
a
a
AA
a
a
a0
a
0
a
0
a
O�
O
=
¢
,-
Q
Q
�:
W
W
>
m
m�
O
O
tw
cc
w
1=JOf
X
_.
W
W
W
¢
W
X
X
LL
LL
•
m
m
m
00
a0
W
Ol
Ol
m
m
Lr)
RT
O
O
O
o
0
0
kD
ko
�c
V)
N
O
i
V
Z
LU
F
N
V)
¢
Ln
Z
J
m
Oc
�
O
ED
u
G
m
v
00
a
a
o
Q
N
O~1
O0`'
y
a
�
m
N
va
N
N
O
m
o2i
V)
N
F-
tW
INLJ
NI
O
O
O
O
Q
vv))
)
175
J
J
J
e -i
J
LL
Ln
N
J
d
Q.-1
Y
i-1
Ov
UJ
W
O
-'
1
J
ci
O
O
O
m
0
a
W
J
Q
c --I
w\
m
m
m
w
m
LL
J
m.
Q.
W
~
Z
V
V)
a
Z
W0
W
LLI
c -I
e -i
N
Lu
v
V)
<
*,
ct
d'
N:Zr
,
O
O
O
O
O
-�
v
¢
cr
0=
W
W
J
J
J
J
J
}
J
}
Ln
N
VI
V)
N
V1'
LLI
W
W
LLl
W
N
N
-j
LL
W
F-
O
N
C'
N
w
=
N
=
w
J
LL
F-
FO-
FO-
F-
Lr
r -I
N
O
N
O
N"
O
O
N
O
O
N
'~'j
d_
nj
VI
Ln
N
N
N
F
H
F
F-
I-
Q
Zm
�t
m
m
m
m
O
O
O
O
O
N
Z
'A
V)
m
V)
V)
V)
U
V1
m
1)
]C
N
m
In
m
N
m
C7
&
&
C'J
&
LL
Q
O
rt
m
m
=
W
Z
Z
Z
Z
Z
Z
LL
V
a
a
a
a
a
4.
W
W
W
F'
F'-
F"-
LL
LL
LL
LL
LL
Z
Z
Z
Z
'L
•
a
Z
a
Z.
a
Z
a
Z
a
Z
N
w
N
cc
N
0=
CWC
G
W
W
W
cWc
G
'. �L`j.
N
N
N
N
NZ
`'
Vi
V
Z
Z
Z
Z
'n
(D
Z_
C7
Z
U'
C)
U
N
Z_
_Z
Z_
LU
LU
LU
LU
LLJ
Z
Z
Z
Z
Z
-J
Z
Z
Z
Z
Z
N
VY
Ln
W I
W I
W I
W
W
n
00
O
Ol
`-I
V
N
M
h
m
n
l0
lQ0
O
l0
LO
h
Lo
r,
m
M
M
M
M
m�LoLOmrlr-rl00000
X
N
O
N
O
N
O
N
O
N
O
M
H
N
O
N
O`
m
O
M
00
m
M
00
m
a
a
a
a
a
m
m
m
m
m
2
Z
W
W
W
N
N
J
LU
�D
_
cc
of
>i
J_
(7
c
a
Z
y'
W
Q'
m
J
Q
a
Ir
O
Z
F-
¢
J
LL
LL
(DO
Z
�
LUU
d'
J
U
LL
LL
m�
W
W
Z
J
z
J
J
J
W
W
W
N
LU
Z
Z
Z
N
N
N
W
W
c
D
l~/)
cc
cc
w
Z
m
0
Ln
V)
g
`s
g
LL
w
amLLNmL�v�xxxa0
Chapter 17.60 - ZONING COMMISSION
Sections:
17.60.010 - Powers and duties.
The city -county planning board shall act as a zoning commission whose duty it shall be to
recommend the boundaries of the various original districts and appropriate regulations to be enforced
therein.
(Prior code § 17.08.0 10)
17.60.020 - Land use variances issuance and denial—Determination procedure.
A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land
use variances from the terms of the zoning ordinances as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions of the ordinances or
regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be
observed and substantial justice done. The zoning commission shall, after a public hearing, make a
recommendation to the mayor and council concerning the land use variance application.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property;
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose and general plan of this title;
6. Unless the variance would not affect adversely or injure or result in injustice to others; and
7. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
Chapter 17.26 - COMMUNITY ENTRYWAY ZONING DISTRICT
Sections:
17.26.010 - Intent.
The purpose of the Laurel Entryway Zoning District is to regulate outdoor advertising, outdoor
advertising signs, and outdoor signs of all types, to provide fair and comprehensive regulations that will
foster a good visual environment for Laurel, enhancing the area in which we live, and creating an
aesthetic and enjoyable appearance for our visitors and our residents.
The natural landscape in the Yellowstone Valley is a major influence on the form and character of
Laurel. Residents appreciate being able to see the Beartooth Range, the river's corridor of trees, and the
large expanse of sky. The intent of the Community Entryway Zoning District (EZD) is to promote
attractive, high quality development and to provide an appealing image of the city of Laurel to the
traveling public and the people of the community and region. Further, it is the intent of this district to
maintain a sensitivity toward existing development while preserving scenic vistas and the pastoral
ambience and protecting environmentally sensitive areas. Creativity in meeting these requirements is
encouraged with the overall intent of all development representing the image and economy of the
Laurel area—and not just a reflection of the same commercial buildings, signage, and parking lots that
are seen alongside the interstate across the nation.
Projects in the vicinity of large natural areas/corridors shall be designed to compliment the visual
context of the natural area. Techniques include architectural design, site design, use of native
landscaping, and choices of colors and building materials shall be utilized in such manner that scenic
views across or through the site are protected and man-made facilities are screened from off-site
observers and blend with the natural visual character of the area.
This overlay district provides requirements that are in addition to the existing, underlying zoning
districts in the jurisdictional area of the city of Laurel and are in addition to the signage standards of the
city of Laurel Municipal Sign Code. Except for signage applications, residential uses in the Entryway
Zoning District are exempt from the provisions herein.
The intent of this section is to:
A. Promote a physical landscape that will assist in making Laurel an attractive place to live and
work and be inviting to new industries;
B. Encourage creativity in design and quality in site planning and development;
C. Reduce the level of adverse impacts from the transportation system on adjoining lands;
D. Promote development patterns in harmony with the goals and objectives of Laurel's Growth
Management Plan;
H. Promote compatible land use transitions with a sensitivity toward existing residential uses.
Non-commercial/industrial uses falling within the EZD are exempt from the requirements of the
EZD except as such requirements pertain to signage.
(Ord. 02-31, 2002)
17.26.030 - Location of district.
The Community Entryway Zoning District (EZD) shall extend three hundred feet on either side of
Interstate 90 right -of way as it extends through the Laurel Zoning Jurisdiction Area, an area that extends
outside the city municipal limits one mile. Specifically, along the interstate the EZD shall extend as
described from the east limit of the extra -territorial zoning boundary west to the limit of the west extra-
territorial boundary. The district shall also include that area three hundred feet on either side of the
north extra -territorial boundary on Buffalo Trail Road south through Laurel on First Avenue to where
First Avenue turns into US Highway 212-310
(Ord. 02-31, 2002)
(Ord. No. 015-03, 5-5-2015)
17.26.040 - Application and approval process.
A. All plans and applications for development shall be submitted to the city -county planning board. All
applications involving signs shall be submitted to the public works department which shall provide
a copy thereof to the planning board. All applications must be submitted and signed by the
property owner, lessee, the contract purchaser, or the authorized agent of the property owner.
Approval is required prior to any construction activity.
B. Each application shall include, but not be limited to, the following information:
1. The name and address of the property owner;
2. The name and address of the applicant;
3. The legal description of the parcel;
4. A map drawn to scale showing the dimensions, acreage, location of the parcel, north arrow,
streets and adjacent land uses;
5. A complete site plan drawn to a scale of no less than 1" = 40' showing the dimensions and
locations of all structures, streets, paving, parking, landscaping, signage, waterways or other
significant features of the development;
6. Complete elevation drawings drawn to scale including the dimensions and height of the
structure;
7. Signage Plan specifications, location, and ground lighting pattern (applications for signs only—
see Section 17.26.050); and
8. Application review fee.
C. Within fifteen working days following the submittal of a complete application, the planning
director, other city designee, or the public works department (in the case of signs) shall issue
approval for development or sign or a denial of the application, unless the applicant consents in
writing to an extension of the review period. Should the application be denied, the applicant shall
be notified in writing specifying the reasons for the denial.
(Ord. 02-31, 2002)
17.26.050 - Definitions.
All terms shall have the same meanings as defined elsewhere in the city zoning ordinance or city
signage regulations. The standard dictionary meaning shall be applied to terms not otherwise defined.
(Ord. 02-31, 2002)
17.26.052 - Development standards.
A. Signage.
1. Review Consideration. Signage in the EZD needs to recognize the relationship between
adjacent land uses and the natural features of the location such as existing views and
proximity to residences. Although signs perform a function in providing information
concerning services, products, and business, a profusion of signs produces a cumulative effect
that cancels out individual effectiveness and detracts from the appearance of the community
as a whole. All signage shall be reviewed with the following considerations and criteria:
a. Use of subdued, low-key colors;
b. Location, size, and height that do not obstruct views of the community, the river corridor,
traditional open spaces, or the mountains;
c. Sign is built of permanent, durable materials;
d. Size and location avoids or minimizes the sense of clutter with nearby signs;
e. The sign is professionally prepared and finished on both sides;
f. The location and placement of the sign will not endanger motorists or pedestrians and
does not interfere with the clear vision triangle at street, railroad, or street driveway
intersections;
g. The sign will not cover or blanket any prominent view of a structure or fagade of historical
or architectural significance;
h. The sign will not obstruct views of users of adjacent buildings to side yards, yards or to
nearby open space;
i. The sign will not negatively impact the visual quality of a public open space such as a
recreation facilities, square, plaza, court yard and the like;
j. The sign cannot be seen from the Yellowstone River or any city, county or state park or—if
it can be seen—it must be located one thousand feet from the boundaries of such spaces.
2. Only one sign is allowed per parcel of record and there shall be at least one thousand feet
between signs.
3. A construction permit is required whenever the sign copy is changed and any alterations to the
sign are made.
4. Signs shall be limited to one hundred sixty square feet in copy area.
5. Non -conforming signs are required to be brought into compliance with this section within six
years from the date of adoption of this ordinance or upon the earliest occurrence of the
following events.
a. The sign is relocated or replaced;
b. The structure or size of the sign is altered in any way;
c. The sign suffers more than fifty percent appraised damage or deterioration or the sign is
taken out of service for any reason, such as being knocked down by weather or other
means;
if any non -conforming sign is abandoned or voluntarily discontinued for a period of one
hundred eighty days, any subsequent use must be in conformity with this ordinance. An
abandoned sign is a sign which no longer identifies or advertises a bona fide business,
lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
An abandoned sign is to be removed by the owner within fifteen days of notice from the
public works department.
6. No portable signs as described in the city signage ordinance are allowed in the EZD.
7. Transit Bus Benches. Transit bus benches, with or without advertising, may be placed within
the city right-of-way upon application and approval of the ADA coordinator, the transit
administrator and in consultation with the public work director. All benches must comply with
any applicable city, state, and or/federal standards or regulations. The city may approve a
bench provider, with or without advertising, pursuant to its procurement policy, as amended.
8. Lighting. All sign lighting must incorporate cut-off shields to direct light downward. Luminaries
shall not be visible from adjacent streets or properties. A sign's lighting will not cause
hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto
adjacent business or residential areas.
B. Building Design Standards,
1. All buildings shall be completed on all sides with one of the following finishing material: brick,
fluted block, colored textured block, glass, stucco, architectural concealed fastener metal
panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed
seam metal buildings shall be prohibited unless covered with an acceptable finishing material.
2. Roofs shall be finished with a material that is architecturally compatible in color and design
with the construction of the building. Metal roofs, fascia, and mansards shall be limited to the
following: standing seam, metal shakes or shingles and architectural metal treatments. All
mechanical equipment placed on top of any roof shall be screened by a parapet or other
similar architectural apparatus being at least the height of the mechanical equipment. Pitched
roofs are encouraged whenever possible.
3. Long, flat facades that front on the interstate highway, First Avenue North or First Avenue
South having more than one hundred lineal feet are prohibited. Buildings over one hundred
feet in length shall incorporate one of the following: recesses, off -sets, angular forms,
landscaping features or other architectural features such as bell towers, clock towers, to
provide a visually interesting shape. The break in the facade shall be minimum of eight feet in
length. A single uninterrupted length of a facade shall not exceed one hundred lineal feet. It is
encouraged that each offset area contains landscaping or other similar amenities which will
complement the offset area.
C. Additional Provisions for Commercial Uses.
1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building
shall be within an area enclosed with a sight obscuring fence at least six feet in height that is
architecturally compatible in color and design with the building. However, promotional
displays, vehicle sales lots and plant materials may be displayed outside of an approved
building or enclosed area so long as they are placed appurtenant to a building wherein the
business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt
from the enclosure of plant materials, and displayed merchandise shall not include any used
equipment. Bufferyards or required landscaping shall not be used for the displaying of
merchandise.
2. Site Lighting. All outdoor lighting shall be designed, located and mounted at heights no greater
than eighteen feet above grade for non -cutoff lights and thirty-five feet above grade for cutoff
lights. All outdoor lighting shall be designed and located such that the maximum illumination
measured in foot-candles at the property line shall not exceed three -tenths foot-candle for
non -cutoff lights and three foot-candles for cutoff lights.
3. Storage of Junk. No person shall store junk, partially or completely dismantled vehicles, or
salvaged materials in any commercial zone outside a building. In the case of automobile repair
shops, such materials must be enclosed within a building or an area having a sight -obscuring
fence at least six feet in height.
4. Solid Waste Area. All solid waste storage facilities shall be located within an area enclosed with
a sight -obscuring fence or wall that is architecturally compatible in color and design with the
building.
D. Cell Towers.
No wireless communication facilities are allowed in the entryway zone.
(Ord. 02-31, 2002)
(Ord. No. 011-07, 6-7-2011; Ord. No. 016-02, 2-2-2016)
17.26.054 - Landscaping standards.
Landscaping in the form of trees, shrubs, and groundcover serve several purposes: The softening of
harsh building forms and paved areas, the absorption of ground water, the reflection of seasonal color
change, the provision of sound barriers (such as around utility substations or industrial yards), and urban
wildlife habitat.
A. Landscaping Definitions.
Canopy Tree. A species of tree which normally bears crown foliage no lower than six feet
above ground level upon maturity. Minimum size of canopy trees shall be two and one half
inches in caliper.
Evergreen Tree or Shrub. A tree or shrub of a species which normally retains leaves /
needles throughout the year. Minimum size of evergreen trees shall be five feet in height.
B. Landscaping.
1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a
bufferyard (landscaping strip) adjacent to and along the length of 1-90, First Avenue North, or
First Avenue South on which the use fronts. Such landscaping buffer shall extend from the
edge of the public right-of-way. Placement and landscaping design shall be at the discretion of
the developer, and the required trees and shrubs may be clustered to enhance the view of the
property from the public right-of-way as long as such uses conform with Section 17.26.052(C)
of this code. A local design professional or local nursery must be consulted for assistance with
the development of the landscape design. The use of native, drought -tolerant plant material is
strongly encouraged. Evergreen trees are encouraged for bufferyards, and canopy trees are
encouraged for parking areas. The planting of trees should be done in such a manner as to
provide maximum solar efficiency throughout the site.
a. The developer shall have the option of one of the following three bufferyards. Bufferyard
depth is measured from the property line adjacent to the public right-of-way inward. Any
buffer area which overlaps another buffer area shall be subtracted from the total to avoid
double counting. The number of trees and shrubs required is per one hundred feet of
frontage:
(1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs
(2) Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs
(3) Fifteen foot wide bufferyard: fifteen Canopy or evergreen trees, twenty Shrubs
b. The following criteria shall also apply to the bufferyards.
The landscape strip may be contoured. Berming shall be one foot of rise to four feet
of run with a minimum of three feet in height. Depressions shall be no lower than
the existing grade of the site.
All landscaped areas shall contain ground cover such as sod, shrubs, flowerbeds, or
organic materials. No more than ten percent of the landscaped area shall contain
rock, bark chips, stepping stones, or similar material.
iii. All landscaped areas shall be sub -irrigated, maintained, and kept free of weeds,
debris, and litter. Failure to do so constitutes a zoning violation. Existing mature trees
and shrubs should be preserved and will be credited toward landscaping
requirements.
iv. Depth of bufferyard shall depend on density of vegetation.
v. All new utility lines shall be placed underground.
vi. New tree plantings shall not be constructed so as to grow into existing overhead
utility lines.
C. Off -Street Parking Lot Landscaping.
Landscaping shall be provided within all parking areas as follows:
Parking lots containing more than ten spaces shall contain internal areas of landscaping
totaling at least ten percent of the parking area. Each planting area shall contain at least three
hundred square feet and at least one major tree and groundcover with irrigation. There must
be a clearly designated pedestrian route from the parking lot to the street or main entrance.
A minimum of twenty square feet of landscaped area shall be provided for each
parking space on parking lots containing more than ten spaces.
Two canopy and/or evergreen trees and five shrubs shall be required for every ten
parking spaces or component thereof over ten parking spaces.
3. All landscaped areas shall contain ground cover such as sod, shrubs, flowerbeds or
organic materials. No more than twenty-five percent of the landscaped area shall
contain rock, bark chips, stepping stones or similar material.
4. The minimum width and/or length of any parking lot landscaped area shall be five
feet.
S. Internal parking lot landscaping provided shall be proportionately dispersed, at the
developer's discretion, in order to define aisles and limit unbroken rows of parking.
The maximum horizontal or vertical unbroken length shall be limited to one hundred
feet. Landscaped areas provided shall be in a scale proportionate to parking lot.
6. Any development that has parking abutting a required bufferyard, may extend the
width of parking landscaping plant material. The minimum bufferyard width and that
bufferyard a minimum of five feet and include the additional required landscaping
material is required in addition to the parking landscaping.
7. Protection of Landscaped Areas. Landscaped areas within parking lots or the along
perimeter of the property must be protected from vehicular traffic through the use
of continuous concrete curbs, extruded asphalt or other approved permanent
barriers.
8. All new utility lines shall be placed underground.
D. Commercial Uses Abutting Residential Uses.
All commercial uses abutting residential uses shall install a bufferyard. The bufferyard shall be
ten feet wide and shall contain ten evergreen and/or canopy trees and ten shrubs per one hundred
lineal feet. A solid fence or wall that is architecturally compatible in color and design with the
building shall be required on the property line. The fence height shall be a minimum of six feet.
Chain link or other wire fencing material is prohibited.
E. Fractions in the Calculation of Number of Trees and Shrubs.
In the calculation of trees and shrubs for bufferyards or parking landscaping, all fractions shall
be rounded to the nearest, highest whole number.
(Ord. 02-31, 2002)
Chapter 17.27 - SE 4TH STREET OVERLAY DISTRICT
Sections:
17.27.010 - Intent.
The city of Laurel hereinafter ("city"), in collaboration with the Laurel Urban Renewal Agency,
prepared the following set of regulations to preserve and protect the unique nature of the SE 4th Street
corridor of the city of Laurel. These regulations are intended to promote, preserve, and enhance the
character of the built environment while encouraging a cohesive identity.
In addition to building construction, further elements include, but are not limited to parking and
pedestrian connectivity requirements, landscaping, and signage.
This district's requirements are in addition to the existing zoning ordinances found in Title 17 of the
Laurel Municipal Code (LMC). Single-family and two-family residential uses in the district are exempt from
the provisions herein.
The intent of this section is to:
A. Promote a physical landscape to make the district an attractive place to live and work;
B. Encourage creativity in design and quality site planning;
C. Promote development patterns in coordination with the goals and objectives of the city's growth
management plan;
D. Provide consistency to land uses and design that will protect the investment of property owners
in the district.
(Ord. No. 015-04, 5-5-2015)
17.27.020 - District boundaries.
The boundaries of the District are identified in Figure 1.
(Ord. No. 015-04, 5-5-2015)
17.27.030 - Application and approval process.
A. All building permit applications shall be submitted to the city's building official. All permit applications
must be submitted and signed by the property owner or the authorized agent of the property owner.
An approved building permit is required prior to any construction activity.
B. Each building permit application must include, but not be limited to, the following information:
1. The name and address of the property owner;
2. The name and address of the applicant;
3. The legal description of the parcel;
4. A map drawn to scale showing the dimensions, acreage, location of the parcel, north arrow,
streets and adjacent land uses;
5. A complete site plan drawn to a scale of no less than 1 "=40' showing the dimensions and height
of the structure;
6. A Complete elevation drawing drawn to the scale 1"=40' including the dimensions and height of
the structure;
7. If applicable, signage plan specifications, location and ground lighting pattern; and
8. Payment of application review fee.
C. Within fifteen working days following the submittal of a complete application, the planning director,
designee, or the public works department (in the case of signs) shall issue approval for development
or a denial of the application, unless the applicant consents in writing to an extension of the review
period. Should the application be denied, the applicant shall be notified in writing specifying the
reasons for the denial. (Ord. No. 002-31,2002)
(Ord. No. 015-04, 5-5-2015)
17.27.040 - Nonconformance.
A. Any lawful characteristic of the properties existing prior to the effective date of the ordinance that
would not be a permitted characteristic under these regulations is declared to constitute a
nonconforming characteristic.
B. Nonconforming structures shall not be enlarged, extended, reconstructed, or structurally altered in
an amount greater than fifty percent of its assessed valuation, unless the characteristics of the
building are changed to comply with the appropriate regulations.
C. If any nonconforming structure is damaged by an event including, but not limited to, fire, flood,
explosion, wind, or war, in an amount equal to or greater than fifty percent of its assessed valuation,
reconstruction must comply with the appropriate regulations. In addition, repair and maintenance
may be carried out each year in an amount not to exceed twenty-five percent of the assessed
valuation of the structure for that year.
D. A nonconforming structure may continue pursuant to these regulations, but it shall not be changed in
any way except to conform to the regulations herein.
(Ord. No. 015-04, 5-5-2015)
17.27.050 - Definitions.
All terms shall have the same meanings as defined elsewhere in the city zoning ordinance or city
signage regulations. For purposes of this title, certain words and terms used herein are defined in this
chapter.
A. "Architectural design elements" means an architectural feature consisting of a decorative, three
dimensional element, horizontal or vertical, protruding or indented at least two inches from the
exterior fagade of a building typically utilized to provide additional aesthetic relief to a fagade.
B. "Fagade" means the exterior face of a building, including but not limited to the wall, windows,
windowsills, doorways, and design elements such as expression lines.
C. "Front fagade" means any building face adjacent to the street. In the case of a corner lot, the
front fagade is the face that the building is addressed.
D. "Lot line, front" means the boundary abutting a right-of-way, other than an alley, from which the
required setback or build -to zone is measured. The front lot line shall be to the street to which
the building is addressed.
E. "Lot line, side" means the boundary line adjacent to the front lot line and may or may not abut a
right-of-way depending on lot location from which the required setback or build -to zone is
measured.
(Ord. No. 015-04, 5-5-2015)
17.27.060 - Building design requirements.
A. Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life. The
materials to achieve a rustic western appearance are required. Buildings shall be finished with a
minimum 40 percent half log and/or rock accents on the front fagade.
B. Structures not located along SE 4th street are excluded from the forty percent threshold.
C. Architectural design elements are required on the front fagade. Permitted design element materials
include any finish of wood, wood timbers or wooden logs.
Architectural Design Element: The wooden timbers in front of the buildings are
a prime example of the required design element.
(Ord. No. 015-04, 5-5-2015)
17.27.070 - Site design requirements.
A. Inter -site circulation is required to provide for orderly and appropriate vehicular traffic between
adjacent properties. This will also limit the number of necessary approaches on busy roadways.
B. Parking exceeding the minimum requirement is discouraged.
C. Landscape islands are required at the terminal ends of all parking rows.
D. Pedestrian connectivity from parking areas to buildings shall be provided by interior sidewalks or
designated, striped pedestrian crossings.
E. Shared parking is encouraged when property owners have a written agreement as to the terms of
the shared parking. The written agreement is not subject to approval by the city but should be
presented if it is applicable to meeting off-street parking requirements. See Figure 2.
Figure 2 Parking Requirements
MAIN
1
1
w:
[a :
y
i3
3V =. w
it
.
`1
«S +AN B14 --B'42:
ALLEY
F. Landscaping must be an integral part of the site design. A landscape buffer is required as part of any
site development. The buffer shall be designed to provide both screening and aesthetic effect. See
Figure 3.
G. Landscaping should be of an indigenous species or one that is acclimated to the city's climate.
H. Landscaping shall include a mix of plants, shrubs, sod and trees. A minimum of fifty percent of the
trees shall be at least 2.5 inch in caliper size.
1. Landscaping shall not interfere with clear vision requirements.
J. If a property is located in this district and the entryway zoning district, parking and landscape
requirements of the entryway zoning district shall apply.
(Ord. No. 015-04, 5-5-2015)
17.27.080 - Signage requirements.
Laurel Municipal Code Chapter 17.42 governs signage within the city of Laurel. Exceptions to LMC
17.42 occur only when a property is located in a special zoning district. If a property is located in this
District and the Entryway Zoning District, signage requirements of the Entryway Zoning District shall
apply.
A. Allowable sign types include wall signs, window signs, awning signs, corner projecting signs,
and projecting signs. See Figure 7.
B. Illumination is encouraged to be internal. When external illumination is used, it must be focused only
upon the sign face and must have cut off shields to prevent light spillage.
C. Any projecting or corner projecting sign shall not extend above the roofline of the attached building.
D. Any wall sign shall not exceed 30 percent of the area of any building fagade.
E. Electronic message boards are not permitted in this district.
(Ord. No. 015-04, 5-5-2015)
LAUREL CITY -COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City -County Planning Board / Zoning Commission
FROM: Nicholas Altonaga, Planning Director
RE: 801 E. Main Street Zone Change
DATE: March 24, 2021
The Owner of 801 E. Main Street has requested a zone change from Community Commercial
(CC) to Central Business District (CBD). Shannon Otis, the representative of the property owner,
submitted the application packet to the Planning Department on February 17, 2021. The
Applicant previously met with the Planning Director on site to discuss the zone change process
and what a change of zoning designation would mean.
•wner: Investment Properties Finance Group LLC
Legal Description: NUTTING SUBD, S10, T02 S, R24 E, BLOCK 20, Lot 12A, AMND LESS 2731'
FOR •:
'•• 801 E. Main Street
•Size:•
Existing *Commercial,•- • •
Zoning:Existing •Commercial
Proposed • Use: Central Business District
T
j,-.;H' x s ' �n+a 7x r3h. arc '?Yis��:i
• Applicant met with Planning Director in January of 2021 to discuss the current project
on the property and the zone change process.
• Applicant submitted the zone change application on February 17, 2021.
• A Public Hearing was held at the Laurel City -County Planning Board meeting on March
17, 2021 to receive public comment and approve, approve with conditions, or deny the
zone change.
• The Planning Board voted to approve the Zone Change Request with the stated staff
conditions.
A Public Hearing is scheduled at the Laurel City Council meeting on April 13, 2021 to
receive public comment and approve, approve with conditions, or deny the zone
chanize.
The Applicant is requesting a zone change for the property at 801 E. Main Street. They request
a zone change from the existing Community Commercial (CC) designation to the Central
Business District (CBD) designation.
• The Applicant has met with the Planning Director regarding the zone change application.
® The Applicant has submitted the application and applicable fees.
® The Applicant has a goal of redeveloping and rehabilitating the parcel in order to build
more residential units within the East downtown area.
• The Applicant has stated that the CBD designation provides greater opportunities for
future lot development.
• The property is directly adjacent to the current delineated Central Business District.
• The property is one of two commercial properties directly East of the Central Business
District zoning district that were not included in that zoning at the time of its
establishment.
a The public noticing requirements have been met.
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance with
the provisions of this chapter, and after a public hearing at which the application shall be
presented to the zoning commission by the planning director together with his findings and
conclusions on the matter. A report of the commission's recommendation and the planning
director's findings and conclusions shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduct of public hearings
and meetings, which shall be published and available to the public, as well as conflict of interest
rules, to ensure that no member is entitled to vote on a matter in which he has an interest
directly or indirectly.
The Planning Director recommends that the Zoning Commission approve the zone change
request. The Planning Director has drafted conditions of approval which are presented below.
1. The Owner/Developer shall comply with all the requirements of LMC Chapter 17.72
2. The Owner/Developer shall submit any and all applicable and necessary permits and
fees for development of the parcels subject to this zone change approval.
3. The Owner/Developer shall not install and/or operate any uses on parcels subject to this
zone change which are not allowable under LMC Chapter 17.16.
1. 801 E. Main Street Zone Change Application
2. Overhead Map with 300ft buffer
3. Nutting Subdivision Plat (1909)
4. List of Adjacent Property Owners
5. Public Nearing Notice
6. LMC 17.72 —Amendments
7. LMC 17.20 — Commercial -Industrial Use Regulations
1
5
s�
�& 1
r
1
1�
by
R
2419 11TH LLC MONSON, CHRIS
B00501 B00903
PO BOX 7128 817 E 4TH ST
SHERIDAN, WY 82801-7003 LAUREL, MT 59044
ARROYO SECO GROUP INC MONTANA RAIL LINK
B00489 D13144C
7308 EL NIDO PO BOX 16624
LA VERNE, CA 91750-1127 MISSOULA, MT 59808-6624
BRADLEY, CURTIS J & BONNIE
MORAN, MICHAEL G
J
B00908
B00904
PO BOX 461
813 E 4TH ST
LAUREL, MT 59044-0461
LAUREL, MT 59044-2801
LAUREL, MT 59044-1817
PORCH LIGHT LLC
CITY OF LAUREL
B00906
B00500
805 E 4TH ST
115 W 1ST ST.
LAUREL, MT 59044
LAUREL, MT 59044
LAUREL, MT 59044-0367
LAUREL, MT 59044
RICHARDS, STEVEN W &
DEMARAY, ROGER D &
JENNY L
KRISTINA R
B00902
800497
819 E 4TH ST
4207 RIMROCK RD
LAUREL, MT 59044
BILLINGS, MT 59106-1420
SMITH, LANCE E & AMBER
EAST MAIN DEVELOPMENT
B00496
LLC
20 OHIO AVE
800911
LAUREL, MT 59044
1415 RIDGE DR.
LAUREL, MT 59044-1817
TOWN & COUNTRY SUPPLY
ASSOCIATION
HOLYCROSS, DAVID A
B00498
800907
PO BOX 367
801 E 4TH ST
LAUREL, MT 59044-0367
LAUREL, MT 59044
VANDYKE, BECKY L
INVESTMENT PROPERTIES
B00909
FINANCE GROUP LLC
417 ALDER AVE
800912
LAUREL, MT 59044
801 MAIN ST
LAUREL, MT 59044
WEATHERFORD, KEENAN
B00901
LAUREL CHURCH OF CHRIST
412 BIRCH AVE
B00499
LAUREL, MT 59044
PO BOX 95
LAUREL, MT 59044-0095
PUBLIC HEARING NOTICE
The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a zone
change requested for 801 East Main Street. The Zoning Commission hearing is scheduled for 5:35 P.M., in
the City Council Chambers at City Hall, 115 West 1st Street Laurel Montana on Wednesday. March
17th, 2021.
Additionally, the City Council has scheduled a public hearing for the consideration of the zone change
request. The City Council hearing is scheduled for 6.30 P.M., in the City Council Chambers at City Hall
115 West 1st Street, Laurel, Montana, on Tuesday April 13th 2021.
The applicant is requesting a zone change from the Community Commercial zoning District to the Central
Business District zoning district. The Community Commercial district is intended 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 requested Central Business District zoning district
is intended to primarily accommodate stores, hotels, governmental and cultural centers and service
establishments at the central focal point of the city's transportation system.
Public comment is encouraged and can be provided in person at the public hearings on March 17' and
April 13th. Public comment can also be made via email to the Planning Director, or via letter to the Planning
Department office at 115 West 1St Street Laurel, MT 59044. A copy of the zone change documentation is
available for review upon request at the Planning Department office. Questions regarding this public
hearing may be directed to the Planning Director at 628-4796 ext. 5302, or via email at
cityplanner@laurel.mt.gov.
Chapter 17.72 - AMENDMENTS
Sections:
17.72.010 - Purpose of provisions.
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
city council may amend, supplement, or change the regulations in this title, or the zoning boundaries or
classification of property on the zoning map, as set forth in this chapter.
(Prior code § 17.84.010)
17.72.020 - Amendment procedure.
Amendments to the text of the title and/or changes in the zoning boundaries or classification of
properties shown on the zoning map may be initiated by the city council on their own motion, or upon
recommendation of the planning board but no amendment shall become effective unless it shall have
been submitted to the zoning commission for review and recommendation. Before enacting an
amendment to this title, the city council shall give public notice and hold a public hearing thereon.
(Ord. 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.025 - Amendment by private property owner.
Amendments to the zoning boundaries or classification of property shown on the zoning map may be
initiated by property owners of the land proposed to be rezoned, by the filing with the zoning commission
secretary of a zoning change application, which application shall be provided by the zoning commission
secretary, and accompanied by all other materials and data required in the application.
(Ord. 01-4 (part), 2001: Ord 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.030 - Preapplication conference required.
Persons or parties interested in submitting an application for a zoning change shall consult with the
planning director and the building inspector, at a joint meeting, if possible, concerning a proposed zoning
change, its relation to and effect upon the comprehensive plan, any applicable specific plans or any plans
being prepared by the planning department, and whether the proposed change is in conformance with
public necessity, convenience, general welfare and good zoning practice.
(Prior code § 17.84.030)
17.72.040 - Application requirements.
A. Unless initiated by the city council or planning board, all applications for official map amendments
must be submitted by the owner of such property, the contract purchaser, or the authorized agent of
the owner. An application for an amendment affecting the same property shall not be submitted more
often than once every twelve months. The zoning change application shall contain the following
information:
1. Name of applicant;
2. Mailing address;
3. Telephone number;
4. Accurate legal description of location;
5. Nature of zoning change requested;
6. Description of present land uses;
7. Description of adjacent land uses;
8. Statement of intended land use;
9. Statement concerning any expected effect upon the adjacent neighborhood;
10. Date of preapplication conference;
11. Names and addresses of adjacent property owners, within three hundred feet;
12. Signature of applicant;
13. Payment of all applicable fees.
B. An application for amendment to the official map shall be made on or before five p.m. of the first day
of the month preceding the date of the public hearing before the zoning commission. When the date
of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m.
C. An application for a zone change may not be withdrawn or amended after the legal advertising, as
required by this section, has appeared for final public hearing before the city council. An applicant
may be allowed to withdraw at the time of the zoning commission hearing by a majority vote of the
members present without requiring council approval of the withdrawal and without prejudice with
respect to the twelve month waiting period providing, however, that no application be allowed to be
withdrawn more than once within the twelve month period after application shall have first been
submitted.
(Prior code § 17.84.040)
17.72.050 - Planning department evaluation responsibility.
The planning director, upon receiving an application for rezoning of an area or a particular place of
property shall do the following:
A. Consult with other departments of the city or county to fully evaluate the impact of any zoning
change upon public facilities and services including, but not limited to schools, drainage, traffic
and related facilities;
B. Study each application with reference to its appropriateness and effect on existing and
proposed land use, and references to the comprehensive plan;
C. In the case of a protest petition filed in the matter of any application for rezoning determine the
validity of such petition;
D. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel -
Yellowstone city -county planning board at least fifteen days in advance of the time and place of
the public hearing;
E. Notify, by mail, the applicant or his authorized agent five days prior to the date of the public
hearing of the time and place of such hearing;
F. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the
property subject to the rezoning; of the time, date, place of the public hearing and the existing
and proposed classification. Further, he may notify property owners within a radius of more than
three hundred feet if he determines that the proposed use of the property would have
substantial environmental impact on surrounding land uses;
G. The planning director shall report his findings and conclusions in writing to the zoning
commission, which report shall be a matter of public record.
(Ord. 01-4 (part), 2001; prior code § 17.84.050)
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance with the
provisions of this chapter, and after a public hearing at which the application shall be presented to
the zoning commission by the planning director together with his findings and conclusions on the
matter. A report of the commission's recommendation and the planning director's findings and
conclusions shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduct of public hearings
and meetings, which shall be published and available to the public, as well as conflict of interest
rules, to ensure that no member is entitled to vote on a matter in which he has an interest directly or
indirectly.
(Prior code § 17.84.060)
17.72.070 - Public hearing—Notice required.
A. Before taking action on an application for an amendment to the official map, and after presentation
of the zoning commission's recommendation, the city council shall hold a public hearing on the
application.
B. The recommendations of the zoning commission shall be published twice in a newspaper of general
circulation in the jurisdictional area of the Laurel -Yellowstone city -county planning board, and not
less than fifteen days after the first publication of such notice, a final hearing shall be held at the next
regular meeting of the city council.
C. When such proposed amendment has been denied by the city council neither it nor one involving the
same tract(s) shall be offered for adoption within one year after such denial.
D. In case, however, of a valid protest petition against such change signed by the owners of twenty per
centum or more either of the lot included in such proposed change, or of those immediately adjacent
in the rear of extending one hundred fifty feet therefrom or of those adjacent on either side thereof
within the same block, or of those directly opposite thereof extending one hundred fifty feet from the
street frontage of such opposite lots, such amendment shall not become effective except by the
favorable vote of three-fourths of all the members of the city council.
(Ord. 01-4 (part), 2001; prior code § 17.84.070)
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
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
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
I 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
A
A
A
Boat sales new and used
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
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
A
Ceramics shop
SR A
A
A
A
A
Chemical and allied products manufacture
I
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
A
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
A
A
A
A
A
Commercial recreation areas
SR
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.
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
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
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
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
ISR
Fertilizer wholesale sales
SR
SR
A
Fertilizer - retail sales
A
A
A
Florist, wholesale sales
SR
A
A
A
Florist, retail sales
A
A
A
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
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
A
Furriers, retail sales and storage
A
A
A
A
A
Gambling establishments
A
A
A
A
Garbage, offal and animal reduction or processing
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
I 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
A
A
Mortuary
A
A
A
A
A
Motels and motor courts
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
I 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
I 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
I A
A
I 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 I A A
A
I 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
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)
I SR
Truck terminals, repair shops, hauling and storage yards
A
A
A
Water and sewage treatment plant
A
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)
17.20.020 - Zoning classified in districts.
Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020
(Prior code § 17.32.020)
Zoning Requirements
A
RP*
NC* CBD*
CC*
HC
Ll
HI
P
Lot area requirements in square feet,
except as noted, 20 acres
20
acres
NA
NA NA
NA
NA
NA
NA
NA
Minimum yard requirements:
Front (1)
NA
20
20 NA
20
20
20
20
20
Side (b)
0
1 0
1 0
0
0 1
0
0
Side adjacent to street
10
10
10
10
10
10
10
Rear (b)
0
0
0
0
0
0
0
Maximum height for all buildings ici
NA
25
25 NA
25
45
70
NA
NA
Maximum lot coverage in percent
NA
50
50 NA
50
75
75
75
50
Minimum district size (expressed in acres)
20
acres
2.07
2.07 2.07
2.07
2.07
2.07
2.07
NA
(NA means not applicable)
*The lot area, yard and lot coverage requirements for 1 and 2 single family dwellings in commercial zoning districts shall be the
same as those in the RLMF residential zoning district.
(a) Arterial setbacks
1
1
(b) Side and rear yards
(c) Except as provided in the airport zone
�4
(Ord. No. 0-14-03,8-5-2014)