HomeMy WebLinkAboutCity/County Planning Board Minutes 06.04.2009DRAFT
MINUTES
Laurel-Yellowstone City-County Planning Board
June 4, 2009 7:00 pm
Council Chambers
Members present: Dan Koch, City Rep.
Greg Nelson, City Rep.
Deb Horning, City Rep.
Hazel Kline, City Rep.
Kathy Siegrist, County Rep.
Others present: James Caniglia, City Planner
Cheryll Lund, City Secretary
THERE WAS NOT A QUORUM PRESENT FOR THIS MEETING.
Public Hearin - Cenex Pi eline/Circle Land Management, Inc. proposing zone char e
from Residential Manufactured Home to Heavy Industrial
Even though there was not a quorum present it was decided to open the (advertised)
public hearing to hear proponent and opponent comments regarding the proposed zoned
change.
The public hearing was opened at 7:15 pm.
Proponents:
Ken Billingsley, project manager from CHS spoke. He gave his address as 4150 Valley
Canyon Ranch Road, Molt, Montana.
Ken stated that their reason for re-zoning of this property is to relocate a number of CHS
employees to a different area on their property in order to meet government regulations.
Cenex feels that the subject property best meets the needs of meeting those government
regulations. They plan to build a warehouse, laboratory, maintenance shop and an office
building.
James asked twice if there were any other proponents to speak. There were none.
Opponents:
Faith Jewett, 830 S. Yellowstone Avenue, spoke in opposition. She is on Tract 1 of C/S
Amended 122.
She is against this. She is for Cenex expanding and bringing more jobs into the
community but she doesn't want this around her home. She owns a little over 3 acres.
Faith went on to say that during the time Cenex was building the Coker she had things
stolen from her yard, including her mailbox. She had drivers speeding down her road and
had to contact the Sheriff's department many times.
Faith stated that Cenex has always been a good neighbor and when she contacts them
they do what they can to help out the situations they have caused.
She is concerned as to how this zone change to Heavy Industrial will devalue her
property as it did after Cenex built their Coker in front of her house.
She looks out her front door and sees a berm from Cenex, but she loves where she lives
and doesn't want to relocate. She has a 15 year old son that loves the Laurel school
district and doesn't want to have to relocate him because Cenex wants to put something
next to her home that she doesn't approve of.
When Cenex put the parking lot in for the workers there was supposed to be security
guards. If there were security guards doing their jobs then she wonders why her property
got stolen. It is ridiculous.
She really disapproves of this proposal. She has a small company that she runs out of her
home as do other homeowners within close proximity to their home. They are zoned
residential but some of these businesses have been there since 1972 or 1974. She is
speaking for a lot of their neighbors because there are a lot of kids in the neighborhood
that could be put in danger by the heavy flow of traffic this proposal will bring.
There is already a problem of people speeding over the bridge into her neighborhood and
she is very concerned as to what being rezoned to Heavy Industrial will do to her house
and her neighborhood.
Scott Reiter, representing Laurel Public Schools, spoke. He stated that he is not speaking
in opposition or in support. He is speaking out regarding Laurel Public Schools concern
for the 150 kindergarten students that attend South School in close proximity to the
proposed zone change.
Scott presented a letter (see attached) from School Superintendent Josh Middleton
regarding consideration of the kindergarten kids regarding possible traffic increases in
and around South School between the hours of 8 am and 3-4 pm. They are asking that
safety for the children is not compromised because of this zone change and asked the
Planning Board to consider some sort of traffic restriction along South 5th Street so that
student safety comes first.
Marvin Jewett, 830 S. Yellowstone Avenue, spoke.
Marvin strongly believes that Cenex could build to the east where there are no residents.
Building maintenance shops and laboratories could possibly cause hazardous materials
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and fumes that could affect the residents. If Cenex builds to the east all the residents
could be safe.
Myrna Brester, 905 Bobcat spoke.
Myrna is concerned about additional traffic this would bring to her neighborhood area.
The traffic was very bad during the time that the Coker was being built. She is also
concerned with how it will affect her property values.
James asked twice if there were other opponents that wished to speak. No one came
forward to speak.
Proponents:
Ken Billingsley from Cenex spoke.
In regards to the location selection this area is the best place for the employees because of
the refinery operating areas. The facilities could be moved to the eastside of Highway
212 and building an overpass. This is technically achievable but extremely difficult and
costly to undertake putting an overpass over a major highway.
Dan Koch asked how many employees would be moved to this proposed facility, and if
there is a possibility that the traffic could go through the Cenex complex and access
Highway 212 and not use the overpass street (S. 9t Street).
Ken Billingsley stated that about 110 daily employees and at least 1 or 2 employees that
will be working around the clock on off hours in the lab.
Dan Koch asked if the work schedule would be staggered?
Ken Billingsley said that all but 1 or 2 of the nighttime employees will be working
dayshift from 7:30 am to 4:00 or 4:30 pm. There is a traffic route on the north side of the
refinery that is currently used by some of their contractors that accesses Highway 212 just
south of the overpass. This particular route is a highly utilized currently and would be
even more burdened by the number of vehicles going that route. It is also in the location
that is not desirable for accessing Highway 212 and they would prefer not to put
additional traffic entering Highway 212 in that very busy location with the off ramps that
are there the field of vision is somewhat restricted by the supports for the overpass.
Dan Koch suggested that Cenex could put in a traffic light.
Ken Billingsley still feels that with the number of entrances and exits and the high
volume of traffic coming and going on Highway 212 it would make traffic more difficult.
He feels a safer route would be going back towards Railroad Street.
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Deb Horning said that going that route would take the traffic through the residential area
and past the school.
Ken Billingsley said that Cenex is not in support of having the traffic go through the
residential area or the school.
Deb asked how Cenex would prevent their employees from going the way they want to
on a public street?
Ken said that an option was raised by the City to prevent entering S. 5th Street off of S. Stn
Avenue by putting up barricades. They also know that the time frame of the workers
coming and going could easily be policed so they (Cenex employees) could not enter
where the barricades are put up.
Deb Horning asked who it would be policed by.
Ken Billingsley stated the Laurel Police and then went on to say that Cenex would
instruct their employees to make sure they used the properly designated access routes.
Dan Koch pointed out that during the Coker construction there were over 1,000 workers.
employed versus 110 this time. These 110 people are trying to make a living here and the
quality of these people is different because they generally are citizens of Laurel.
Ken stated that the people that worked on the Coker were contractors and as all
companies do they tried to hire the best workers available. As we know, people that do
not have roots in a community do not have the same care or interest in the community.
Many of the 110 workers are employees of CHS as well as residents of Laurel with
children that attend Laurel schools.
Kathy Siegrist inquired about other property that Cenex owns within the plant area that
would not have to be rezoned in the northwestern corner that would still meet the
government restrictions. Would that property likely still have to be accessed off of S. 8th
Avenue?
Ken stated it would have to be best accessed off of S. 8th Avenue.
Greg Nelson asked if Ken would elaborate on why this has to be relocated and their
concern as to what already exists?
Ken stated that OSHA regulations state that certain employees need to be suitably
distanced from the operating units of the Refinery. This property is suitably distanced yet
still accessible to the Refinery.
James asked if any other proponents would like to speak regarding this issue.
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Pat Kimmet from Cenex spoke. He said that this new building project will add about
$20,000,000 to the tax rolls which is significant for Yellowstone County. Their new
Coker also added a lot of dollars and they support the schools with those dollars. Cenex
would be willing to sit down and discuss the boards concerns with traffic. He feels that
obviously the route they would want their workers taking would be Railroad Street down
to their new site.
Pat said that this project is significantly different than the Coker project and they
empathize with the neighbors because it was a difficult time for them. Cenex had as
many as 2400 workers in their facility at one time. Cenex knows it was a tremendous
imposition on this community at times but on the other hand but it brought a lot of
economy to the stores as well as business people. This added a lot of additional jobs and
people bought homes and supported the community. This facility will be significantly
different.
.Pat specified that Ken stated the number of employees at this facility is 110 when in
reality it is closer to 80 employees. Employees would be at this site primarily during the
daytime hours with only a couple of laboratory workers during the night shift.
Pat stated that Cenex will get together with the Laurel School Superintendent regarding
any concerns that the school may have. The proposed facility would be a non hydro-
carbon facility and the level of risk is significantly different than if you are in the middle
of the facility which is why they are moving people away from the center of the facility.
Dan Koch asked if Cenex would consider discussing with the City the rebuilding or
resurfacing of Railroad Street.
Pat Kimmet stated that there is some discussion as to how the City is going to improve
that road. They have not been directly involved in that issue except that they pay
millions of dollars each year in taxes that support the infrastructure in the community of
Laurel. Those dollars are certainly available to the community to make some of those
improvements. He went on to say that there is no question that Railroad Street needs
work.
Deb Horning asked if this is an increase in the number of employees or are they just
moving current employees.
Pat Kimmet stated that these are current employees.
Deb Horning asked if they are currently parking across the highway in the parking lot.
Pat Kimmet said yes.
Deb Horning asked if these employees could be bussed from the parking lot across the
street into the proposed facility.
Pat Kimmet said that it would not work very well to do so because there would be a lot of
time put into that effort and workers come to work at different times. It would be
difficult.
Greg Nelson asked if landscaping or trees will be placed around the facility to help the
neighbors feel happier about this proposed building. Because this will be next to a
residential area it would be better for the value of the neighboring homes to not be
looking straight into the refinery.
Pat stated that this will be discussed at a later time after the decision is made on the zone
change but that Cenex does want the proposed facility to look esthetically nice also.
Dan Koch asked how many contractors it will take to build the proposed facility.
Pat stated that it shouldn't take more than 40.
At this time the public hearing was closed (7:45 pm).
At this time James read his recommendation into the record (as follows).
June 4, 2009
Zone Change Request
Applicant: CHS
Current Zoning: Residential Manufactured Homes
Proposed Zoning: Heavy Industrial
Location 516, T02S, R24E, 1222; Tract A-1 COS 1222
General Location: North of South 9th St. lying between 9th St. and 1-90 and between
South 8th Avenue and Yellowstone Avenue
Adjacent Zoning: The property is zoned Heavy Industrial (HI) to the east on property
owned by CHS. The property to the north is zoned Light Industrial (LI). The property to
the south is zoned Residential Manufactured Home (RMH) and to the east the land is
zoned Residential Tracts (RT) and is not subdivided. The HI to the east is divided by a
road which is a significant dividing line and the residences across the street to the south
in combination do not give the applicant the absolute right to subdivide.
Annexation: The applicant was requested to annex the property, but chose not to do so at
this time. They have the right to request a zone change without annexation and have
chosen to do so. If HI is granted to the applicant it will be nearly impossible to annex the
land without a request for annexation from the landowner. However, they may choose to
do so at a later date to obtain the water capacity they seek. City of Laurel water customers
must ask for City council approval before extending a city water line and the line they
wish to extend has fire flow issues and chlorination issues due to the length of the line
they want to extend. The Planning Board does not have the ability to turn this zone
change request down solely because they want it annexed. It is illegal to reject a zone
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change request and allow it shortly thereafter because the second request for a zone
change was accompanied by an annexation request.
Growth Management Plan: The property does not appear to conflict with the GMP.
If the zone change request is denied the applicant must wait a year before they can apply
a second time. If the applicant is not confident the zone change will be recommended
during the Planning Board they can choose to withdraw the request and re-apply at a
sooner date.
James reminded the board that the focus on this zone change request should be based on
whether or not the zoning of Heavy Industrial is appropriate for this area of Laurel, not
on the proposed Cenex facility. He went on to say that Heavy Industrial zoning allows a
broad spectrum of uses that the board needs to carefully consider whether this is an
acceptable location for this area (of Laurel).
James stated that the accessibility for this project needs to be defined prior to a decision
on the zone change. He does not feel that barricades on streets are an appropriate way of
addressing traffic issues and it is not appropriate to use Laurel City Police for protection.
James stated that the Refinery does add a lot of tax base to Yellowstone County but they
are not in the Laurel City limits and the City does not get any of that tax money. He does
not feel that it is appropriate to spend city tax money on an organization that is not within
the Laurel city limits. Doing so is not fair to the citizens of Laurel.
James said that the Refinery does bring a lot of financial incentives and economic growth
to the City of Laurel area and Laurel is lucky to have such an employer nearby.
Hazel Klein asked if Light Industrial would be a better choice than Heavy Industrial
zoning. Would Light Industrial accommodate Cenex's needs for this project?
James said that the proposed project would fit within Light Industrial zoning and would
be allowed in a Highway Commercial zoning through a Special Review.
James went on to say that Heavy Industrial has a broader range of business types that are
allowed, having to do more with heavy manufacturing. Heavy Industrial has no height
limitations and allows 75% maximum lot coverage.
Kathy Siegrist said she would like to hear from Cenex why they are requesting Heavy
Commercial and not Light Commercial zoning since Light Industrial would be better for
the residential neighborhood that is next door.
Pat Kimmet spoke and said that some of the opponents tonight stated they already have
businesses in the area so maybe that means the existing zoning (of residential
manufactured homes) needs to be upgraded anyway. Pat said that Cenex requested
Heavy Industrial zoning because the refinery is already zoned Heavy Industrial. He said
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that considering Light Industrial is a possibility but their preference would be to keep the
zoning the same within the Cenex facility.
Hazel Klein asked about the high hazard storage in the proposed warehouse.
Pat stated that there would be some chemicals stored within the warehouse.
Rhonda Carlson from CTA Architects stated that the term high hazard storage is a
building code term which puts them into a category that requires installation of fire
suppression sprinklers. The term high hazard storage means that materials are stored in a
high warehouse.
Kathy Siegrist would feel better if she knew that Cenex wouldn't be using this property
as a coke storage yard.
Greg Nelson added that he knows that night time traffic is very minimal because he
worked at Cenex. There would only be morning and evening traffic which is the same as
other traffic in Laurel. He does wonder how the heavy truck traffic that comes into the
refinery will change?
Pat Kimmet said that those trucks would be going in on the west side to the warehouse.
Greg Nelson asked what whether or not the buildings that they are housed in now will be
demolished.
Pat Kimmet said they have not made a determination on that yet.
James asked if there were any other questions from the board.
Greg Nelson asked if they could get a site plan of the proposal.
James stated that it is not appropriate to ask for a site plan for a zone change request.
Deb Horning said that she has a concern with allowing county employees exiting and
entering through Laurel streets. Eventually those streets would be considered arterials or
collectors.
Pat Kimmet stated that the route is already a truck route and many of the employees that
work in Cenex use the Laurel streets everyday, as does he. That is not a new situation.
James thanked everyone in attendance for their input.
The meeting was adjourned at 8:15 pm.
Respectfully submitted,
Cheryll Lund, Secretary
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