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| DATE:
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11/18/2014 7:00:00 PM |
| SUBJECT: |
| An Ordinance to Amend the District Zoning Map for Property Generally Located at 4195 Butler Spaeth Road and Legally Described as Lot 1B, Edwards Subdivision, from C-3, Business Services District, to I-1, Light Industrial District, Subject to all Planning Requirements. |
| BACKGROUND: |
Ordinance first reading: 4/0 (Absent: Carsrud, Jerred, & Mayor Opseth)
Ordinance second reading: 7/0
The owner is seeking approval of a Zoning Map Amendment in order to re-zone one (1) lot, from C-3, Business/Services District to I-1, Light Industrial District to match up with the desired future use of the properties. The 3.43 acre parcel is located along the east side of Butler Spaeth Road, south of its intersection with Shoshone Avenue.
The rezoning request is connected with, and being reviewed at the same time as, an annexation proposal for a portion of Lot 2 of the Edwards Subdivision, which is adjacent to the rezoning request parcel on the south side. The owners of the different parcels desire that the properties situated within the same subdivision, be not only in the City, but that all the parcels be zoned I-1, Light Industrial in anticipation for future development.
An amendment to the Zoning Map shall not take place unless at least one (1) of two (2) criteria exists as set forth in Section 12 of the City of Gillette Zoning Ordinance.
a. The Zoning Map may be amended when there is a need to correct an obvious error. In this case there was no obvious error.
b. The Zoning Map may be amended to recognize changing conditions within the City. This request does recognize changing conditions in the community.
Section 12 of the City of Gillette Zoning Ordinance also provides for a minimum size land area of five (5) acres for an I-1, Light Industrial District. The rezoning request is made up of 3.43 acres. Property to the north, owned by Curt Betcher, has the same type of rezoning request, that will have to be rezoned from C-3 to I-1 in order for the Ford Properties, LLC request to be approved; or the area to be annexed with the Ford Annexation, on the south side of the rezoning request area, will need an I-1 zoning designation in order for an approval to take place for this rezoning request. The property standing alone does not meet the minimum size requirement for an I-1 Zoning District, but it can be joined with property zoned I-1 in order to meet the minimum size requirements.
The City Comprehensive Plan shows the area as a mixed industrial/commercial area. The rezoning request coincides with the intent of the Comprehensive Plan.
This request was tabled at the September 23, 2014 Planning Commission Meeting and was taken off the table for action at the October 14, 2014 Planning Commission Meeting. The Planning Commission recommends approval of the rezoning request to City Council.
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| SUGGESTED MOTION: |
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I move for Approval of an Ordinance to Amend the District Zoning Map for Property Generally Located at 4195 Butler Spaeth Road and Legally Described as Lot 1B, Edwards Subdivision, from C-3, Business Services District, to I-1, Light Industrial District, Subject to All Planning Requirements on Third and Final Reading.
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| STAFF REFERENCE: |
| Dustin Hamilton, P.E., Development Services Director |
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