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HomeMy WebLinkAboutOrdinance No. O09-10ORDINANCE NO. 009-10 ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF LAUREL, MONTANA, TO CHANGE THE ZONING DESIGNATION OF A PARCEL OF PROPERTY LOCATED IN YELLOWSTONE COUNTY FROM RESIDENTIAL MANUFACTURED HOME TO LIGHT INDUSTRIAL ZONING. WHEREAS, the owner of a parcel of property that is located within the City's Zoning Jurisdiction has requested a zone change from Residential Manufactured Homes to Light Industrial Zoning; and WHEREAS, the property is owned by Cenex Pipeline/Circle Land Management, Inc. and is located north of South 9 Street lying between 9th Street and Interstate 90, between South 8th Avenue and Yellowstone Avenue and is further described as: "S16, T02S, R24E, 1222; Tract A-2, COS 1222 Amended and Tract 1, COS 1604 Amended" WHEREAS, the Laurel-Yellowstone City-County Planning Board "Planning Board" conducted a duly advertised public hearing on the requested zone change on August 6, 2009; and WHEREAS, at the public hearing proponents provided testimony for the record which was recorded in the official minutes of the Planning Board for the City Council's use and consideration regarding the proposed zone change; and WHEREAS, no opponents to the requested zone change were present at the public meeting; and WHEREAS, the Planning Board could not make an official recommendation regarding this zone change request due to a lack of quorum at the meeting; and WHEREAS, the Planning Board submitted the concerns and testimony of the Planning Board Members and the Public in the minutes for further consideration by the City Council; and WHEREAS, the City Council of Laurel also held a duly advertised public hearing on October 6, 2009, at which the requested zone change was considered and discussed as was the recommendation and evidence presented in the minutes from the Planning Board and at which both proponents and opponents were heard; WHEREAS, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City of Laurel and Yellowstone County to approve this zone change for the proper development and orderly growth of the City and County; IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana that the zone change request for the parcel of property described as the: S16, T02S, R24E, 1222; Tract A-2, COS 1222 Amended and Tract 1, COS 1604 Amended", Residential Manufactured Homes to Light Industrial Zoning be approved. BE IT FURTHER ORDAINED, that the Official Zoning Map of the City of Laurel shall also be modified to reflect the approved zone change. 009-10 Cenex Zone Change 2 This ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on September 1, 2009 by Council Member stamper PASSED and ADOPTED by the Laurel City Council on second reading this day of October , 2009, upon motion of Council Member Eaton 20th APPROVED BY THE MAYOR this 20th day of October 5 2009. CITY OF LAUREL enneth E. Olson, Jr., yor ATTEST: asurer MaEii AP Sdrn P%' er, _0 6-211 Elk River Law Office, P.L.L.P. 009-10 Cenex Zone Change 2 10/08L2008 02:42 FAX. 4006282241 - CITY IIALL 115 W.-IST ST, PUP WOM: 638-1796 WATER OTC: 638-7431 COURT: 628-1964 FAX 1528-2241 LAUREL PUBLIC WORDS City Of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FORM DEPARTMENT The undersigned as owner or agent of the following described property requests a Zone Charge/Land Use Variance as outlined in the City Zoning Ordinance; To Legal description of p jW 4 5W4 6Et, Iu. *a5.2. 2. 3. Zone Zone yI?GT A-2 , G/? No, l ?l?2 ?? Pro ose use:J Aa 4. . Owner (s) (Z Orded_awner) . (address) .. . . ?x - - -2 (phone number) E . Agent (S) '> (name i? L), 0?('L'L- I A!?" -r6ci to i (address, r..,,?r n (phone number) 6. Covenants or deed restrictions on property (if yes, include copy) (a 003 r. I; ~ PL4-WING BOARD Yep No I understand that the filing fee accompanying this applicatiori 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 BE PRESENT AT HEARINGS. PETITION NO- FEE PAID = e PETITIONER'S SI fo=. schange CRY Of La urel is an EEO Emp) oyer Equal Housing Opportunity DATE ?/ 0 CITY OF LAUREL II S t R.o. Box 10 . ? auret, Montana ;9044 General location: ' SD £J it ra CITY HALL 115 West V Street City Planner. 62811796 FAX: 628-2241 Water Office: 628-7431 7/30/09 City Of Laurel P. O. Box 10 Laurel, Montana 59044 •No T x, Zone Change Request Applicant: CHS Current Zoning: Residential Manufactured Homes Proposed Zoning: Light Industrial Location S16, T02S, R24E, 1222; Tract A-2 COS 1222 Amended and Tract 1 COS 1604 Amended Acres: Tract A-2 =1.0 acres and Tract 1 =1.96 acres General Location: North of South 9th St. lying between 9th St_ and I-90 and between South S" 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 comer. Adjacent Zoning: The property to the east Tract A-2 is zoned Residential Manufactured Home (RMhT) 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 (U). 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. All of the concerns from the first zone change remain.