Lot 12, Block 4 of the Northside Addition is located at the east end of Lincoln Street just east of Brooks Avenue, south of Laramie Street, and north of the railroad. This lot is adjacent to other property owned by Mr. Bundy. Mr. Bundy wishes to rezone the lot so the zoning is contiguous with the other property he owns to the east, which are also zoned A, Agricultural. The lot was originally established in 1920, and has never been developed. The lot is neighbored by the R-2, Single & Two Family Residential District to the north and west as well as the M-H, Mobile Home District to the south. The current zoning district of R-2, Single & Two Family Residential District allows for single family dwelling units, two-family dwelling units, as well as other community support uses like a church, library, or park. The A, Agricultural District allows for general agricultural uses such as farming, ranching, etc., as well as some community support uses like a church, park, or a stand for the sale of agricultural products or commodities raised on the premises but does not allow for any residential uses except only as an accessory use for owners or persons employed on the premises and their immediate families. The Land Use Plan envisions this area as a mixture of Multifamily Residential and Industrial. This proposed rezone conflicts with the future Land Use Plan for this area.
Pursuant to Section 12 of the City of Gillette's Zoning Ordinance, a Zoning Map Amendment shall not be approved except to:
- Correct an obvious error or oversight in the regulations; or
- Recognize changing conditions in the City, which require that amendments be adopted for the promotion of the public health, safety, and general welfare.
The proposal to rezone Lot 12, Block 4, of the Northside Addition does not meet either of the previously mentioned criteria as there is no error to correct, and the area is becoming more urbanized and less agricultural. Additionally, the minimum zoning district size for an Agricultural District is 20 acres. The current existing Agricultural zoning district adjacent to the area proposed to be rezoned is 3.66 acres; with the addition of Lot 12, Block 4, Northside Addition the increase would be .55 acres for a total of 4.21 acres which does not meet the minimum zoning district size for the Agricultural zoning district.
The Planning Commission voted in favor of the rezoning request 5/0 on April 25, 2017. The landowner has since met with City staff and has agreed to replat the property and submit a subsequent re-zoning request to clean up the land record for the property, should the Council support the positive recommendation from the Planning Commission to rezone from R-2, Single and Two Family Residential District, to A, Agricultural District. |