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HomeMy WebLinkAboutCity/County Planning Board Minutes 02.05.2015 DRAFT MINUTES LAUREL CITY COUNTY PLANNING BOARD February 5, 2015 10:00 am Council Chambers MEMBERS PRESENT: Kathy Siegrist, Chairman Dan Koch, City Rep. Dick Fritzler, County Rep. Judy Goldsby,County Rep. Lee Richardson, County Rep. Shirley McDermott, City Rep. Hazel Klein, City Rep. Greg Nelson,City Rep. OTHERS PRESENT: Monica Plecker, Planning Director Cheryll Lund,City Secretary CALL TO ORDER: Chairman Siegrist called the meeting to order at 10:00 am. ROLL CALL: Members present were: Koch, Fritzler, Goldsby, Richardson, McDermott, Klein, Nelson and Siegrist. APPROVAL OF MINUTES: A motion was made by Dan Koch and seconded by Judy Goldsby to approve the minutes of the January 8, 2015 meeting. The motion carried by a vote of 7-0. NEW BUSINESS: Public Hearing CHS Refinery Zone Change Requests(6). Chairman Siegrist opened the public hearing at 10:02 am. Planning Director Monica Plecker spoke regarding the proposed CHS Zone Changes on six(6) parcels of land CHS owns. Parcel#1 consists of legal description:S16,TO2 5, R24 E, C.O.S. 1676, Parcel 1, NWSW4 and consists of 3.34 acres. The existing legal access is S.9th Street and Yellowstone Avenue South. The existing land use is residential. The proposed land use is for Parking and Light Fabrication. The existing zoning is Residential Manufactured Homes. CHS is requesting the zone be changed to Light Industrial. The land to the north of this property is zoned Light Industrial and the land use is residential.The land to the south of this property is zoned Residential Manufactured Homes and the land use is residential. Land to the East is zoned Heavy Industrial and land use is the CHS Refinery. Land to the west is zoned Light Industrial and its land use is Residential. Parcel#2 consists of property with legal descriptions of S15,TO2 5, R24 E,S2NW(LESS HWY)78.91 acres;S15,TO2 5, R24 E, FRAC N2NW S of HWY(Less C/S 1142 & 1291) 11.37 acres;S15,TO2 S, R24 E, C.O.S. 1142, Parcel 1 AMND, .86 acres. The total property consists of 90.38 acres. 1 The property's existing legal accesses are, Lindy Lane;S. Laurel Rd.; and Bernhardt Rd. Its existing land use is vacant Residential and Agricultural. CHS proposes a small section of the land will be used for a truck repair shop. The Existing Zoning is Agricultural Open. CHS is proposing to change it to Heavy Industrial. Property to the north is zoned Highway Commercial and land use is Interstate 90. Land to the south is zoned Heavy Industrial and its land use is CHS Refinery. Land to the ease is zoned Agricultural Open and its land use is Agricultural and Residential. Land to the West is zoned Heavy Industrial and is vacant. Parcel#3 consists of legal descriptions of a portion of 521,TO2 S, R24 E, Lots 1 to 3 N2NW 185.2 acres; a portion of S20,TO2 S, R24 E,SENW NESW E2NE SWNE& Lots 1 to 3 293.78 acres. The total acreage to be rezoned is 150 acres. The existing access is Frank Rd.,South 8th Avenue. The existing land use is Agricultural. The proposed land us is"no immediate plans". The existing zoning is Agricultural Open with a proposed zoning of Heavy Industrial. The land to the north is zoned Heavy Industrial with a land use being CHS Refinery. Land to the south is unzoned with land use of Agricultural and Residential. Land to the east is zoned Agricultural Open with a land use of Agricultural and Residential. Land to the west is unzoned and land use is Agricultural and Residential. Parcel#4 consists of legal description S16,TO2 S, R24 E, C.O.S. 1254, PARCEL 2 BLK 2,AMD 1975 CONTINENTAL TITLE :UNKNOWN TAXED WITH RE (also known as: 1118 Bobcat Drive). The land is.53 acres. Existing legal access is Bobcat Drive with a land use of Mobile Home Dwelling,Vacant. Proposed land use is"none at this time". The existing zoning is Residential Manufactured Homes with a proposed zoning of Heavy Industrial. The land to the north is zoned Residential Manufactured Homes and land use is Residential Manufactured Homes. Land to the south is zoned Heavy Industrial and its land use is vacant. Land to the east is zoned Residential Manufactured Homes with a land use of Residential Manufactured Homes. Land to the west is zoned Residential Manufactured Homes with a land use of Residential Manufactured Homes. Parcel#5 consists of legal description 516,TO2 S, R24 E,C.O.S. 1254, PARCEL 19 BLK 2,AMD(Also Known as: 535 Badger Square. It consists of.47 acres. Existing legal access is Badger Square with a land use of Mobile Home Dwelling,Vacant. Proposed land use is"none at this time". The existing zoning is Residential Manufactured Homes with a proposed zoning of Heavy Industrial. 2 The land to the north is zoned Residential Manufactured Homes and land use is Residential Manufactured Homes. Land to the south is zoned Heavy Industrial and its land use is vacant. Land to the east is zoned Heavy Industrial with a land use of CHS Refinery. Land to the west is zoned Residential Manufactured Homes with a land use of Residential Manufactured Homes. Parcel#6 consists of legal description S16,TO2 S, R24 E, C.O.S. 1254, PARCEL 9 BLK 2,AMD (also known as:403 Badger Square). The land is.47 acres. Existing legal access is Badger Square with a land use of Mobile Home Dwelling,Vacant. Proposed land use is"none at this time". The existing zoning is Residential Manufactured Homes with a proposed zoning of Heavy Industrial. The land to the north is zoned Residential Manufactured Homes and land use is Residential Manufactured Homes. Land to the south is zoned Residential Manufactured Homes and its land use is Residential Manufactured Homes. Land to the east is zoned Heavy Industrial with a land use of CHS Refinery. Land to the west is zoned Residential Manufactured Homes with a land use of Residential Manufactured Homes. The owner of the Property is CHS Laurel Refinery located at 803 Highway 212 South, Laurel, Montana. There are no concurrent applications. STAFF FINDINGS: 1. LMC 17.72.030 requires a preapplication conference for persons or parties interested in submitting an application for zone change. A preapplication meeting was held prior to submission of the application. 2. A map showing the parcels has been attached. 3. Parcels 2-6 are seeking Heavy Industrial zoning designations while Parcel 1 is seeking Light Industrial. 4. Parcel 3 is approximately 151 acres located north of the Canyon Creek Ditch. Portions of the tracts located south of the ditch are not requested to be rezoned. 5. All lots have existing legal and physical access. 6. The Economic Development Goals of the Laurel Growth Management Plan have been attached. These zone changes requests would help to meet goals identified in the plan such as, retaining a high quality workforce, nurturing existing businesses, ensure adequate infrastructure to support existing businesses and encouraging light industrial development. 7. As per the requirements of LMC 17.72.070,a public hearing on the matter shall be held before the zoning commission before being heard by the Governing Body. As per B.of the section, public notice was published in the Laurel Outlook and adjacent property owners were notified by certified mail more than 15 days prior to the public hearing. ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION: The Planning Board held a Public Hearing on February 5,2015 at 10:00 am. 3 STAFF CONDITIONS: There are no staff conditions as you cannot put conditions on a zone change. APPLICANT/PROPONENT: Brandon Gauthier, Project Manager representing CHS Refinery gave a presentation on the applications for zone change. What prompted the zone change requests was the Truck Fleet Maintenance Shops located at the corner of Bernhardt Rd.and Highway 212 South. The facilities are 50 plus years old and as trucks continue to get bigger and more complex they have outgrown those facilities.As Highway 212 has gotten busier over the years it has gotten harder for their trucks to safely access it. CHS found the land to the northeast of the Refinery was ideal for what they needed so they purchased what is referred to as the Bernhardt farm. (Parcel#2) Around the same time the opportunity to purchase the 3 acre of property from the Jewett family and CHS purchased that property(Parcel# 1). It is proposed to be used for parking and light fabrication. They looked at additional property currently surrounding CHS and owned by CHS and decided to rezone it for future use. Brandon went on to say CHS recently announced their plans for a $4,000,000+expansion project that includes a new hydrogen plant and crude unit modifications. Brandon stated that for the last 50 to 60 years CHS has fronted Highway 212 but in recent years they have expanded to the west. Luckily the land they owned allowed them to expand. Now with changing wastewater regulations they find a need to make infrastructure changes inside CHS. Because of these changes heavy traffic has been added to the City of Laurel in recent years. To help alleviate the heavy traffic they are building a parking lot on the south side of CHS large enough to hold 300 cars. The lot will access off Nutting Road and then onto Highway 212 South. This new lot should help relieve some of the heavy traffic on the south side of Laurel and the traffic that the new construction will cause. They are also constructing a new flare stack located on the south side of the Refinery in what they call the old land farm area. This is being done because the current flare stack is 50 years old and past its useful life. CHS has concerns with the location of the flare stack being fairly close to the storage tanks that hold flammable products which could cause a fire. For safety purposes they are also building an emergency access road on the northern part of Parcel#3. Because Montana DEQ and the EPA rules no longer allow gases to be burned off into the air without a flare gas recovery system in place CHS needs to add additional compressors.Those compressors will be located where the old flare stack is. CHS is also building a new hydrogen plant where the original (old)flare stack is and crude unit modifications that will increase the refineries crude oil and diesel production. 4 CHS is in the process of cleaning up the piece of property they own on the corner of S.8th Avenue and Frank Road. Previously this land has been used as a dumping site. They are currently hauling 10 to 15 semi-truck loads of industrial waste from this property per day to the Industrial Waste Landfill located in Great Falls.The future plans for this property is for waste transfer,storing supplies and a lay down yard for equipment. Chairman Siegrist read the public hearing rules to the board and audience. Because there are 6 parcels CHS is requesting zone changes on and for clarity purposes the public was asked to speak on each parcel numerically. PROPONENTS: Parcel#1 Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of the zone change. There were none. Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the zone change. There were none. PROPONENTS: Parcel#2 Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of the zone change. There were none. Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the zone change. There were none. PROPONENTS: Parcel#3 Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of the zone change. There were none. Chairman Siegrist asked if there were any opponents wishing to speak in opposition of the zone change. OPPONENTS: Del "Mo" Henman of 1433 Emerick Lane spoke. He stated his property shares a property line with parcel#3. His only concern is what kind of damage this zone change will place on the future resale value of his property if CHS is granted the zone change to heavy industrial. This is why he is opposed to the zone change. Carla Ulschak of 1524 Emerick Lane spoke. She is concerned with the same issues as Del Henman and would not have purchased the property 10 years ago if she knew the CHS refinery would be expanding into her backyard.She is concerned with the noise from heavy trucks and the chemical impact. Her husband works at a refinery. She is greatly concerned about the future resale value of her property. Vera Ulschak of 1428 Emerick Lane spoke. Her house looks right out onto the refinery and she and her husband are fine with that. They are not opposed to progress but are concerned with encroachment onto their property as the refinery is getting closer to her property. She is concerned with the resale 5 value and the environmental impact. She asked if an environmental impact statement was done on the CHS Refinery or if the City planned to do one prior to making a decision on the zone change.She stated that when CHS bought the Streck farm they told the neighbors it(Streck property)would be used as a buffer zone. She went on to say that if the Heavy Industrial zone was put into place the neighbors would have no way to stop anything the refinery wanted to put in. She stated that changing the zone to Light Industrial zoning would be much better but she is opposed with the proposed change to the heavy industrial. Vicki Miller of 1516 Emerick Lane spoke. She is opposed to this proposed zone change because of the same reasons the other opponents are. Woody Gertz of 1816 Frank Road spoke. He is concerned with what will happen to the two ditches within the property as one of the ditches is an irrigation ditch. He also questioned whether the property will still be farmed if the zone is changed. He is concerned about the traffic along Frank Road as he feels there will be a substantial increase in traffic. Christine Helvik of 1807 Shay Road spoke. She concurs with the other people who have spoken in opposition of this proposed zone change. She is concerned not only with the traffic on Frank Road but also on S.8th Avenue that goes over 1-90. The traffic on S.8th Avenue is already a hazard and in dis- repair. She thinks if they are not looking at repairing the street then the board needs to stop and not allow this piece of property to be changed to Heavy Industrial at this time. Chairman Siegrist asked 2 more times if there were any opponents wishing to speak in opposition of the proposed zone change for parcel#3. There were none. PROPONENTS: Parcel#4 Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of the zone change. There were none. Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the zone change. There were none. PROPONENTS: Parcel#5 Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of the zone change. There were none. Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the zone change. There were none. PROPONENTS: Parcel#6 Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of the zone change. There were none. Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of the zone change.There were none. 6 The public comment portion of the hearing was closed at 10:50 a.m. QUESTIONS ASKED BY THE PUBLIC FOR THE PLANNER TO ADDRESS: Planning Director Monica Plecker spoke in regards to the questions that were brought up during the public hearing. Monica stated that an Environmental Impact Study is not required for a zone change. Environmental issues are looked at by either the Department of Environmental Quality or Environmental Protection Agency. She pointed out that Brandon Gauthier from CHS mentioned that they are required to follow rules and regulations from both the DEQ and EPA. All of the roads that serve these parcels by a legal access are maintained by Yellowstone County Road Department. This is something that is important to consider as we assume more traffic will be going to these different parcels and what that mean as traffic increases. Obviously Yellowstone County Road Department does have a maintenance program but Monica cannot speak to the specifics of that program. Monica can request that Yellowstone County Public Works provide a memo outlining any concerns they may have on those access roads before this zone change request moves on to Yellowstone County Commissioners for review. Monica stated that the last question asked by the public was what happens to the ditch and does this mean that no farming will occur. Monica stated that she is not entitled to those plans of the future. From a zoning standpoint if a zone changes to Heavy Industrial it does not mean that agriculture activities cannot happen on those parcels if the refinery choses to allow it. As far as weeds on the property go,the board cannot require a weed management plan. The board cannot put conditions on a zone change but could encourage CHS to work with the County Weed Department on a weed management plan. BOARD DISCUSSION: Parcel#1 A motion to approve the zone change for the property identified as parcel#1 in the staff report from Residential Manufactured Homes to Light Industrial was made by Greg Nelson and seconded by Judy Goldsby. Chairman Siegrist stated that parcel#1 is directly south of the property that the board changed the zoning to Light Industrial on in 2009. Monica stated this would not be considered spot zoning since it is adjacent to a light industrial zone which is what the request is for. It also has legal access to the property. Lee Richardson asked for a clarification between light industrial and heavy industrial. Monica stated that heavy industrial is the harshest form of development use that can be done such as a refinery. Light industrial allows for businesses that do some form of light manufacturing use such as a lumber company, rail yard,or a fiberglass plant. There are also store front business that are allowed in light industrial. 7 Dan Koch stated that it will add more traffic to South 4th Street. Hazel Klein asked if conditions could be placed onto these parcels. Monica stated that conditions cannot be placed on a zone change. Hazel Klein stated that the proposed zone on the property is not an issue but the traffic it will create is a concern on S.8th Avenue and S. Fourth Street as it is already heavy and out of control. This is a concern to her and it has been brought to her attention by the public.And while the traffic has been encouraged to go down West Railroad Street they end up taking the quickest and easiest route which is South 4th Street. Monica stated that the refinery traffic does wreak havoc on some of the city streets. The City has identified this problem and talked with the refinery about future things that can be done to help mitigate the problem. Currently from the long range Transportation Plan,the Tax Increment Finance Gateway Plan and also our traffic study the city has looked at improvements that can be made to West Railroad Street to help it be a better functioning truck route to get any heavy truck traffic off of our residential streets on the south side. West Railroad Street is an urban route and the city has money allocated for improvements. The Tax Increment Finance District has identified intersection improvements to occur at 1st Avenue and Railroad Street and feel that if that intersection becomes a functioning intersection it will help move the traffic off the residential street and onto West Railroad Street. Kathy Siegrist stated that the new parking lot being built at CHS Refinery on the south end of the property should push the cars in a different direction and ease the traffic. Dan Koch suggested that the CHS should push the State of Montana to put the new West Laurel Interchange off ramp system over the railroad tracks that could alleviate the problem. Monica stated that although that is not included in the construction of the West Laurel interchange it was designed to grade and will be built to an elevation at which a road could connect south over the railroad tracks. Chairman Siegrist asked for the vote on the motion to approve Parcel#1. The motion carried by a vote of7-0. Board Discussion: Parcel#2 A motion to move to approve the zone change for the property identified as parcel#2 in the staff report from Agricultural open to Heavy Industrial was made by Greg Nelson and seconded by Hazel Klein. Hazel Klein asked if CHS Refinery owns the property to the east of parcel#2 east of Lindy Lane. Planning Director Monica Plecker stated that CHS owns 3 parcels. The parcel with the address of 305 Lindy Lane is owned by Ronald E.Walter,Trustee. 8 Greg Nelson stated that as part of his job he runs parts to CHS Refinery and he feels they do need more room. He feels a new building is a good idea and by taking moving the truck maintenance to parcel#2 it will alleviate traffic. Hazel Klein asked where the truck shop would go and which street they would use to access the shop. Brandon Gauthier from CHS Refinery stated that they will most likely use the access off of Bernhardt Road. Brandon went on to state that the trucks that haul gas and diesel are loaded at the truck facility on the east side of Highway 212 South but the trucks that haul the oil products for asphalt still load on the west side of Highway 212 South. Chairman Siegrist asked for the vote on the motion to approve Parcel#2. The motion carried by a vote of7-0. DISCUSSION: PARCEL#3 A motion to move to approve the zone change for the property identified as parcel#3 in the staff report from Agricultural open to Heavy Industrial was made by Greg Nelson and seconded by Dick Fritzler. Hazel Klein asked for clarification of what part of parcel#3 is requesting the zone be changed. Planning Director Monica Plecker stated the parcel includes 2 different tracts of land which totals over 300 acres. The zone change request is for 150 acres. The property requesting zone change stops at the Canyon Creek ditch. Everything south of that ditch will remain a buffer to the Yellowstone River. Shirley McDermott asked CHS representative Brandon Gauthier if they have met with any of the neighbors regarding this zone change and the future plans CHS has for this property. Brandon Gauthier stated they have not met with the neighbors but have followed the zone change process and procedure. Planning Director Monica Plecker stated that meeting with the neighbors is not a requirement for the applicant for any zone change request. If CHS wants to meet with the neighbors that would be a gesture they would have to start make but it is not required. Monica went on to state that as per all zone change applications all property owners within 300 feet of the proposed zone change receive a certified letter more than 15 days prior to the meeting stating they can review the application at City offices,attend the public hearing and speak or make comments in a written form. The same notice is published in the local newspaper 2 times prior to the meeting. The property owners are also noticed a second time by certified mail regarding the 2"d public hearing that will be before the governing body that has the final say. The City cannot require CHS or any other applicant to hold a public meeting. Shirley McDermott stated that CHS Refinery should still have met with the property owners to help ease the neighbors' minds as to what CHS has planned. It just seems like a good public relations effort. She asked if the City could encourage them to do that. Monica stated that it could not be a condition required of any zone change application. 9 Hazel Klein stated she could see that meeting with the neighbors could be a kind of friendly solution in discussion with the property owners. It makes sense because of the impact to the resale value of the neighboring property and the addition of more heavy traffic to the area. She also questioned whether or not a buffer between CHS and the neighboring properties could be established and if the zone request would be better for neighboring property if it was Light Industrial instead of Heavy Industrial. Chairman Siegrist stated that a Heavy Industrial zone allows them environmentally to do whatever is within the scope of what is allowed in that zone with no conditions. Judy Goldsby asked how far out CHS plans to expand in the future. Brandon Gauthier from CHS stated he can only speak to the proposed $4,000,000 expansion that is within the CHS Refinery boundaries. Hazel Klein stated CHS Refinery is a key industry in Laurel but in order for this to be a win-win situation for all involved maybe something needs to be put onto the table besides what CHS is requesting at this time. Chairman Siegrist stated that in 2009 CHS Refinery came with a zone change request and plans. Those plans were eventually changed. Her point being that even though CHS is telling them what the plans are for this proposed zone change those plans could change. Hazel Klein asked if CHS could come back with an alternative to what they are requesting tonight without having to go through another application. Monica stated that CHS is asking for Heavy Industrial. The board cannot change that request through a motion. The request has to be considered as it was applied for. Monica went on to say that the board could delay the application for 30 days by voting down the motion on the table and making a new motion to delay. But she is not sure what that would accomplish because the application has to remain the same as it was noticed in the paper. Shirley McDermott understands that CHS Refinery is an intricate part of the city but she would strongly encourage them to reach out to the neighbors that are being impacted (by this project)and explain to them what is happening to help ease their concerns. Monica stated that as the board is giving the reason for supporting or opposing the motion on the table she encourages them to remember the idea of zoning. She asked Chairman Siegrist to read the excerpt into the minutes. Kathy stated she believes this is a summary which she thinks came from the Billings Planning Department.She read the following: Criteria and guidelines for Zoning Regulations: Zoning regulations must be made in accordance with the Growth Management Policy;secure safety from fire and other dangers; promote public health and safety and the general welfare;facilitate the adequate provision of transportation,water storage, schools, parks and other public requirements. Zoning regulations shall consider reasonable provision of adequate light and air; effects on motorized and non-motorized transportation systems; promotion of 10 compatible growth;the character of the district and its peculiar suitability for particular uses while conserving the values of buildings and encouraging the most appropriate use of the land throughout the jurisdictional area. Chairman Siegrist stated that because CHS does not immediate plans for parcel#3 she would like to see a different zone requested. PUBLIC COMMENT PRIOR TO VOTE: Bob Ulschak from 1428 Emerick Lane spoke. He stated he did not receive his notice of public hearing until January 21, 2015. He feels it was just dropped onto the property owners and he had no idea of what was going on (with the CHS property). He said maybe the notice was in the paper and he didn't see it. He is concerned with the possible danger this could create for him and his neighbors. He went on to say that if CHS would narrow their parameters they wouldn't have a problem with it. He suggested there be a 30 day delay on the vote so there could be more input from the neighbors. Planning Director Monica Plecker stated that by State Law the notices were sent out within the proper time frame. She went on to state that the neighbors will receive a notice again when the application goes before the Yellowstone County Commissioners. There were also 2 ads placed in the Laurel Outlook within the correct time frame according to state law. Vera Ulschak of 1428 Emerick Lane spoke. She has lived at her property for the last 33 years. They love where they live.The CHS Refinery has been good to them over the years. Her husband works at the refinery and the refinery helped her kids go to college because they were able to work at the Refinery in the summers. They are all for progress and growth of the refinery but they feel that zoning the property as heavy industrial is too much for the neighborhood. If the board votes to approve the heavy industrial zone then there is nothing to stop CHS Refinery from doing whatever they want on the property and the property owners will have no recourse. Hazel Klein stated that because there are so many concerns and questions from the neighbors she is not in favor of rezoning this property heavy industrial and she would speak against approval. Chairman Siegrist asked for a vote on the motion to approve. The motion failed by a vote of 0—7. DISCUSSION: PARCEL#4 A motion to move to approve the zone change for the property identified as parcel#4 in the staff report from Residential Manufactured Homes to Heavy Industrial was made by Judy Goldsby and seconded by Hazel Klein. Hazel Klein asked if this could be considered spot zoning. Planning Director Monica Plecker stated that she had the same question. She met with Yellowstone County legal counsel and was told that only one side of the property has to be touching the same kind of zoning that is being requested. This parcel shares one common property line with a heavy industrial zone and is therefore not considered spot zoning. Dan Koch asked why the zone isn't being changed to light industrial. 11 Monica stated that although Light Industrial would be more neighbor friendly since there is no Light Industrial zoning on the surrounding property and it would be considered spot zoning. Hazel Klein has a concern with changing this lot to heavy industrial which means CHS could do whatever they wanted to inside what is a residential neighborhood.She feels it is premature to rezone this lot heavy industrial at this time. Monica stated that in the Growth Management Plan under Goals of housing section it states that one of its goals is protect residential dwellings. Dick Fritzler stated these properties will more than likely be bought up by CHS in the future. So why not wait until all the property is bought up by CHS and rezone it at that time. Chairman Siegrist asked for a vote on the motion to approve. The motion failed by a vote of 2—5. DISCUSSION: PARCEL#5 A motion to move to approve the zone change for the property identified as parcel#5 in the staff report from Residential Manufactured Homes to Heavy Industrial was made by Greg Nelson and seconded by Dick Fritzler. Chairman Siegrist and Shirley McDermott both stated that the same concerns from Parcel#4 apply to Parcel#5. Chairman Siegrist asked for a vote on the motion to approve. The motion failed by a vote of 2 in favor,4 opposed and board member Lee Richardson abstaining from voting. DISCUSSION: PARCEL#6 A motion to move to approve the zone change for the property identified as parcel#6 in the staff report from Residential Manufactured Homes to Heavy Industrial was made by Judy Goldsby and seconded by Greg Nelson. Greg Nelson stated that every one of these lots is in need of being cleaned up. He feels that CHS will clean up the messes that are within the neighbors view. Shirley McDermott stated that CHS already owns these lots and could have cleaned them up before now but has not done so. Chairman Siegrist asked if there were any more comments from the public. Brandon Gauthier from CHS Refinery stated that 2 of properties are vacant now and one has a mobile home on it. They have plans to move the mobile home off of the lot in the future. Chairman Siegrist asked for a vote on the motion to approve. The motion failed by a vote of 2—5. 12 Monica informed the audience that these zone change requests will now go to the Yellowstone County Commissioners along with all comments made here today. The property owners will be noticed prior to the public hearing and the hearing will be held at the Commissioners offices in Billings, Montana. Monica thanked everyone that participated in the public hearing and discussion for being a part of this process. At this time board member Lee Richardson left(11:50 am). NEW BUSINESS: PUBLIC HEARING: DOWNTOWN OVERLAY DISTRICT Planning Director Monica Plecker stated she did not receive any written comments from the public regarding the Design Standards for the Downtown Overlay District. Monica went on to say that much thought and a lot of discussion has gone into this document since April of 2014. She thanked the board for their input and for being a part of the process. Chairman Siegrist opened the public hearing at 11:55 am. Chairman Siegrist asked 3 times if there were any proponents wishing to speak in favor of this document as written. There were none. Chairman Siegrist asked 3 times if there were any opponents wishing to speak in opposition of this document as written. There were none. Chairman Siegrist closed the public hearing at 11:56 am. A motion was made by Shirley McDermott and seconded by Judy Goldsby to recommend approval of the document"Design Standards for the Downtown Overlay District". Monica disclosed for the record that there were 2 Planning Board Members that are also members of the Laurel Urban Renewal Agency board that gave input to this document. It was also disclosed that both Greg Nelson and Judy Goldsby own buildings in the downtown area. Discussion on this document has been ongoing since its inception in April of 2014. All board members agree that this is a solid, easy to understand document that will benefit the downtown commercial district. Chairman Siegrist asked for a vote on the motion to approve. The motion carried by a vote of 6—0. NEW BUSINESS: DESIGN STANDARDS,SE 4TH STREET OVERLAY DISTRICT Monica went through the draft of the Design Standards,SE 4th Street Overlay District item by item. Because the commercial district on SE 4th Street and 15`Avenue are so different than the downtown district there were requirements within the original draft document that do not apply. 13 There was general discussion on this draft document.There will be a public hearing on March 5, 2015 at 10:00 am to receive public input. Miscellaneous: Next month's agenda will include: 1. A public hearing on the Design Standards for SE 4th Street Overlay District; 2. Proposed changes to the Entryway Zoning; and 3. Discussion on putting the Sign Code into L.M.C. Zoning Chapter 17 PUBLIC COMMENT ON NON-AGENDA TOPICS: There was no public input. A motion to adjourn was made by Judy Goldsby and seconded by Shirley McDermott. The motion carried by a 6—0 vote. The meeting was adjourned at 12:30 pm. Respectfully submitted, Cheryl! Lund,Secretary 14 015 803 Highway 212 South Laurel,MT 59063 December 18,2014 City of Laurel Planning Department Monica Plecker,City Planner P.O.Box 10 Laurel,MT 59044 Dear Ms.Plecker: The CHS Laurel Refinery is submitting the following application to re-zone six parcels surrounding the refinery. Parcel #1 is three acres located along 9th Avenue. Parcel#2 is 95 acres located south of interstate 90 along Bernhardt Road. Parcel#3 is 151 acres located along the southern portion of the refinery,bordered on the south by the Canyon Creek ditch. Parcel#4,#5 and#6 are small parcels,each approximately 0.5 acres in size. Parcel#4 is TR 2 located south of Bobcat Drive. Parcel#5 is TR 19 located on Badger Square. Parcel#6 is TR 9 located on Badger Square off of Yellowstone Ave. Parcel#1 is proposed to be re-zoned from residential to light industrial and future use is proposed as light fabrication work and contractor parking,similar to the surrounding CHS owned property. Parcel#2 is proposed to be re-zoned from agricultural to heavy industrial. A portion of the parcel located next to Bernhardt Rd will be utilized for a new CHS Transportation maintenance facility. This facility will be relocated from its current location on the corner of US Hwy 212 and Bernhardt Rd. Parcel#3 is proposed to be rezoned from agricultural to heavy industrial. There are no immediate development plans for this parcel. Parcels#4,#5,and#6 west of the refinery are proposed to be rezoned from residential to heavy industrial. There are no immediate development plans for these parcels. Rezoning these parcels will help CHS execute its new investment of$406 million in its Laurel Refinery to boost efficiency and increase diesel production over the next several years. Included in the$406 million investment are a new hydrogen plant and crude unit modifications that will increase crude oil throughput and diesel production. Please contact Brandon Gauthier,Project Manager,at 406-628-5383 with any questions. Sincerely, Pat Kimmet Vice President,CHS Laurel Refinery ZONE CHANGE/LAND USE VARIANCE PETITONER MUST BE PRESENT AT HEARINGS The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in City Zoning Ordinance: From: Parcel#1: Residential; Parcel#2: Agricultural;Parcel#3: Agricultural;Parcel#4: Residential Parcel#5: Residential; Parcel#6: Residential To: Parcel#1: Light Industrial; Parcel#2: Heavy Industrial; Parcel#3:Heavy Industrial;Parcel#4 Heavy Industrial; Parcel#5: Heavy Industrial;Parcel#6: Heavy Industrial 1. Legal Description of property: Parcel#1: North of 9th Ave.,Track 1 Certificate of Survey 1676 Parcel#2: West half of NW corner of section 15 south of I-90, east line being Lindy Lane. Parcel#3 That portion of the NE 1/1 of Section 20,T.2S.,R.24E.,PMM, Yellowstone County, Montana,being more particularly described as follows: Beginning at the NE corner of said Section 20; thence southerly along the East line of the said NE 'A of Section 20 to the intersection of the said East section line with the Canyon Creek Ditch;thence,westerly along the said Canyon Creek Ditch to a point of intersection of the said Ditch with the extended East boundaries of Certificates of Survey 1036, 1196 and 3080 according the recorded plats thereof in the office of the Yellowstone County Clerk and Recorder;thence,northerly along the said extended East boundaries to the NE corner of said COS 1036,said point being on the North line of the said NE % of Section 20;thence, easterly along the said North section line to the Point of Beginning. That portion of the NE %a and the NW' of Section 21,T.2S.,R.24E.,PMM,Yellowstone County,Montana,being more particularly described as follows: Beginning at the NW corner of said Section 21;thence,along the North line of said Section 21 to the intersection of the said North Section line with the Canyon Creek Ditch;thence, southwesterly along the said Canyon Creek Ditch to the intersection of the said Ditch with the West line of the said NW Ya of Section 21;thence,northerly along the said West line of Section 21 to the NW corner of said 21,the Point of Beginning. That portion of the SE'A of Section 16,T.2S.,R.24E.,PMM,Yellowstone Co.,Montana,being more particularly described as follows: A tract of land bounded as follows:(1)on the West by the East line of COS 952 according the recorded plat thereof in the office of the Yellowstone County Clerk and Recorder; (2)on the North by the North Line of the South%i of the SE'/of the SE'/of said Section 16; (3)on the East by the Southeasterly Right-of-way line of the Burlington Northern Railroad;and (4)on the South by the Canyon Creek Ditch. Parcel#4: TR 2 located south of Bobcat Drive,west of Yellowstone Ave Parcel#5: TR 19 located on Badger Square,west of Yellowstone Ave Parcel#6: TR 9 located on Badger Square,west of Yellowstone Ave 2. General Location: Property bordering CHS Laurel Refinery on east,west and south sides of the refinery. 3. Proposed use: Light Industrial/Heavy Industrial Applications as described in cover letter. 4. Owner(s): CHS Laurel Refinery P.O.Box 909 803 Highway 212 Sth. Laurel,MT 59044 406-628-5200 5. Agent(s): 6. Covenants or deed restrictions on property: Yes No X I understand that the filing fee accompanying this application is not refundable,that it pays the cost of 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's Signature -3.A.aJA. j% _ Date: t z /2:5 1 z o;z/ Fee Paid&Date Paid it-73(0, I a-23-/Lf [1- 1E@ llW fli { DEC 23 2 4 . CITY OF LAUREL I M .= ,- , , . m ctI " '-±a NI 1-- \ 3 . c' ig 3 \ w cp , — lgi . 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