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City/County Planning Board Minutes 08.06.2009
MINUTES LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD AUGUST 6, 2009 7:00 PM COUNCIL CHAMBERS Members present: John VanAken, County Rep. Deb Horning, City Rep. Kathy Siegrist, County Rep. Others present: James Caniglia, City Planner Cheryll Lund, City Secretary THERE WAS NOT A QUORUM PRESENT AT THIS MEETING. Public Input There was no public input. Cenex Zone Chan a request to Light Industrial Zone for Tract A-2 of C/S 1222 Amended and Tract 1 of C/S 1064 Amended James Caniglia, City Planner, opened the public hearing at 7:00 pm PROPONENTS: Ken Billingsley, representing CHS spoke regarding the zone change application. The applicant, CHS, had intended for these lots to be a part of their original zone change request, but failed to list them on their first application. Ken stated CHS is requesting this zone change because of mandatory OSHA safety regulations which require them to relocate some of their employees from the center of the refinery to the outside edge of the refinery for safety reasons. Ken went on to say that if this zone change is denied CHS will move forward with the relocation of their employees by building a new facility on property that is already (correctly) zoned on the north side of the refinery. In doing so the traffic will impact the south side of Laurel as the employees will exit the facility off of S. 9'h Street, Yellowstone Avenue and S. 8 Avenue into Laurel's south side. Ken stated that if CHS does not comply with OSHA on this matter they are subject to a large fine. OPPONENTS: There were no opponents. James Caniglia, City Planner, closed the public hearing at 7:11 pm. Planner recommendation: James Caniglia stated that CHS first zone change request consisted of 12.4 acres and this request seeks to rezone 2.96 acres to reflect the zoning of their first request. Tract A-2 is adjacent to the southeast portion of their first zone change request while Tract 1 is adjacent to the northeast corner. Adjacent Zoning: The property to the east Tract A-2 is zoned Residential Manufactured Home (RMH) and Tract 1 is zoned Heavy Industrial (HI) on property owned by CHS to the east, but is divided by Yellowstone avenue. The property to the north of tract A-2 is currently zoned RMH pending a request to be zoned Light Industrial (LI). Tract 1 is zoned LI on the northwest portion and RMH on the northeast portion (the small parcel to the northest is owned by the state which is why it is not a part of the current application). The south boundaries are both currently zoned RMH although the southern portion of Tract 1 is pending a zone change request. The land to west of each lot is currently zoned RMH pending a zone change request. James went on to say that all of the concerns from the first zone change remain. Board discussion: Kathy Siegrist suggested that Ken Billingsley talk about the traffic study that CHS had Marvin and Associates do for the zone change request. The traffic study was presented to the City Council at an earlier meeting in regards to CHS first zone change request. Ken stated that even though it was not required, CHS had Marvin and Associates conduct a traffic study on the roads that will be traveled on by their employees. The traffic study concluded that the proposed traffic will produce a level B or higher impact. Level A is defined as free-flowing traffic with no hold ups. Level F is defined as bumper to bumper traffic. Level B is also considered free-flowing with no hold ups. The conclusion is that the impact will be minor. Ken stated that the traffic study showed that 12% of the employees would use S. 46, Street; 4% would go south on 8 h Avenue and the rest would use West Railroad Street. James asked if the traffic study considered the number of vehicles on the roads that would bring traffic to levels where there would need to be stoplights or street widening, with the corner of West Railroad Avenue and S. 1' Avenue being a particular concern. Ken stated that the study did not look at that. 2 James also asked if the conclusion that 12% of employees would travel on S. 4m Street was based on an assumption that stop signs or other traffic impediments will be put in. Ken stated that the study was based off of current conditions. The board discussed continued concerns regarding damage that large trucks from the Coker project have done to the streets on the south side, particularly West Railroad Street, S. 8th Avenue and S. W" Street, as well as impact to the south side neighborhoods. Because there was not a quorum present the Planning Board could not make an official recommendation and this zone change request will move on to the City Council for their consideration. Annexation Request - Sid Corporation D.B.A. - Sid's Eastside Bar and Grill located at 1701 E. Main Street James Caniglia opened the public hearing at 7:28 pm. Proponents: Randy Peers from SIDS Bar and Grill spoke regarding his request of annexation. Randy stated that he is requesting annexation because he needs to upgrade his water and sewer systems and would like to hook into city services. At this time he has City water because of a private line that has been in existence since approximately 1965. This water line is old and needs to be replaced. He also intends to hook into city sewer. At this time he is on a septic system Opponents: There were no opponents. The public hearing was closed at 7:30 pm. Planner recommendation: James Caniglia stated that the applicant has gone before City Council to receive consideration of annexation of the property since the lot is less than a city block (2.06 acres) and has received permission to move forward. The applicant also went before City Council to receive permission to upsize his existing water main before or during the MDT mill and overlay project on East Main St. The applicant has been using city water for many years and it was determined that his existing water line will not be sufficient for proper fire flow. Additionally, the water line has been deemed fragile and in need of replacement by the city staff. The water line issue needed to be resolved immediately so there would be no cuts to the street improvements. The applicant is in need of city sewer services which he could receive from the rear of his property. There are no new streets or street improvements needed for the property although curb, gutter and sidewalk will need to be installed along with a fire hydrant. MDT plans show that they will be installing curb and gutter on the property as part of the East Main St. project. The applicant has signed a right to waiver of annexation as part of his agreement with the city to improve their water line. While this process is not ideal, it was deemed appropriate due to timing issues as well as the apparent pro-annexation sentiments from city staff Planning Board and the City Council. Board discussion: The board discussed water and sewer line placement. Randy Peers explained that at this time the water line is a private line that runs off of Locust Avenue. Plans for the new water line include hooking into a 6" deadhead water line located on Mulberry. The sewer line will be hooked in behind Sid's. The board members were in favor of annexation of Sid's with the consideration of making sure the fire hydrant is installed. The meeting was adjourned at 7:53 pm. Respectfully submitted, Cheryll Lund, Secretary 4 ].0 2008 02:42 FAX 4066282241 CITY IIALL 115 W.-IST ST. PUB,WORKS: 628-4796 WATER OFC: 628-7431 COURT. 628-1964 Fes: 628-?241 LAUREL PUBLIC WORKS City Of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FORM The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: From To 2. 3 DEPr• R'TMENT Zone Zone scription of property- C."[ A-2 G/f ?? h1D,I11Z 5 fL 2 `M.11 kc7- 1 , c/S K10.1 ia- b / (r oedowner) rd ©q (aaa.r ss) (phone numhL-r) 5 : Agent (s) (name L. - T'61 to I (address (phone number) 6. Covenants or deed restrictions on property: Yes No (if yes, include copy) I understand that the filing fee accompanying this application is not refundable, that it pays ..-part of the cost in processing, and that the fee does not constitute a payment for a Zone Change/Land Use Variance, Also, that all the information presented is true and correct. PETITIONER MUST HE PRESENT AT HEARINGS. PETITION NO. FEE PAID r o? _ PETITIONER'S SIGNATURE lean. SChangc City Of L,aarel.is Art EEO Employer Equal Housing Oppomuiity DATE vl T Y OF LAUREL P.O. Box p L aur°f, Montana 59044 11003 'MoMTAKj`P?._NNING BOARD General location: ?D ? Cu 4' ' ?..fuiLl +q _ - d] ,? _ Or I m AAA r` + r' n i s¢V Y v; M CITY HALL 115 West 1t Street City Planner= 628-796 FAX: 628-2241 Water office: 628-7431 7/3 0/09 Zone Change Request Applicant: CHS Current Zoning: Residential Manufactured Homes Proposed Zoning: Light Industrial Location S 16, T02S, R24E, 1222; Tract A-2 COS Amended Acres: Tract A-2 -1.0 acres and Tract 1 = 1.96 acres General Location: North of South 9t' St. lying between 9th St. and 1-90 and between South 8th Avenue and Yellowstone Avenue The applicant, CHS, had intended for these lots to be a part of their original zone change request, but failed to list them on their first application. Their first zone change request consisted of 12.4 acres and this request seeks to rezone 2.96 acres to reflect the zoning of their first request. Tract A-2 is adjacent to the southeast portion of their first zone change request while Tract 1 is adjacent to the northeast corner. Adjacent Zoning: The property to the east Tract A-2 is zoned Residential Manufactured Horne (RMH) and Tract 1 is zoned Heavy Industrial (III) on property owned by CHS to the east, but is divided by Yellowstone avenue. The property to the north of tract A-2 is currently zoned RMH pending a request to be zoned Light Industrial (LI). Tract 1 is zoned LI on the northwest portion and RMH on the northeast portion (the small parcel to the northest is owned by the state which is why it is not a part of the current application). The south boundaries are both currently zoned RMH although the southern portion of Tract 1 is pending a zone change request. The land to west of each lot is currently zone RMH pending a zone change request. Please see the attached 12 criteria for zone changes. A zone change request for denial must be based off of at least one of the 12 criteria. City Of Laurel P. O. Sox 10 Laurel, Montana 59044 y 1222 Amended and Tract 1 COS 1604 All of the concerns from the first zone change remain.