City of Glendive



Mayor Jerry Jimison opened the Public Hearing for the purpose of a proposed zone change request for James Kemp at 7:00 pm on Tuesday, August 19, 2014.The following Council members were present: Leon Baker, Rhett Coon, Betsey Hedrick, Doug Baker, Gerald Reichert, and Mike Dryden. Others present included Administrative Clerk Jessica Ayre, Director of Operations Kevin Dorwart, Police Chief Ty Ulrich, Assistant Public Works Director Pete Leath, Fire Chief George Lane, Cindy Chaska, Melissa Foster, Ed Emter, Dick Carney, Steven Egli, Mary Ann Marman, Mary Berger, Colin Livers, Jason Stuart, Emily Boyles, Jerry Geiger, Richard Crouch, Jeanne Clapp, and Linda Prescott. Councilmen Matt Hull and Kevin Pena were absent.The Public Hearing was concerning the zone change of Kemp property located in Sunrise Subdivision. Mayor Jimison asked if any of the council members had any questions. Mayor Jimison then directed the audience’s attention to a zoning map that Pete Leath had printed showing the property being discussed and those located around it. He explained that the property is currently R-3. Mr. Kemp is requesting a zone change from R-3 to C-2. Mayor Jimison asked if any members of the audience would like to speak against the proposed zone change request. Steven Egli- 1918 Wyoming Avenue.-Explained that the subdivision has a wide mix for use of area and that all non-residential uses are across the street from the property. Mr. Egli is opposed to the zone change for two reasons. The first is that a housing need exists in Glendive. The second is concerning a buffer between those that are currently residential and what could possibly be commercial with a lack of restrictions to properties immediately adjacent. The petition stated that a possible restaurant would be built but because the request is for C-2 it opens it up for taverns, hotel, gas stations, etc. and frees them up to open to the highest bidder. This creates a profit situation at the expense of those owners whose property values will most likely go down. If C-2 is approved, it is central of town type of businesses allowing for a seven story structure to be built right next to the property line. No requirement for transitional buffers between residential and commercial property in the city of Glendive. Parking lots can go right to the property line. Garbage could be contained 10-15 feet from a doorway. He encourages the council to deny the request and believes it is in the City’s best interest for that space to be used for residential purposes. Colin Livers- 1902 N. Merrill, Owner of CC’s Family Café- He explained Merrill has many existing commercial lots available and the shortage now is residential. BN and Elks are putting in diners/steakhouse down the street. Currently there are many empty lots buildings, mini mall spaces available for commercial use. Mr. Livers explained that his restaurant is restricted to certain days and hours with the limited workforce. Glendive will eventually grow with restaurants but would prefer not to have one built right next door if other spaces are available for commercial use. Dick Carney-1924 Wyoming.- He is a member of the condo complex and has lived there for 15 years. The people that live out there like it. He has been asked by others about the noise issues in that area and it is very minimal. The limited restrictions with the lot use for C-2 zoning is a concern for the residents with no street in between. He would like to see the residential space stay zoned for residential and the commercial use moved to existing commercial spaces. There is not a lack of commercial spaces but with the growth in population residential space is needed. Jeannie Clapp- 1920 Wyoming- Wrote a letter to the council and it was included in the packet. This area has a need for more residential. The schools have difficulty time getting teachers due to lack of affordable housing options. The county prison had similar issues. This area has a greater need for housing so that people moving in have a place to live. We would like to keep this area residential since the rest of the block is residential. As Mr. Carney stated plenty of commercial space is available at this time. Mary Ann Marman- 2003 Washington- Stated she is not in favor of any more buisnesses in that area but residential is ok. Mary Burger- 1928 Wyoming- Has lived there ten years. At the suggestion of a friend she bought one, and turned out to be a great idea. She cannot drive at this time and works within walking distance from her home. She is concerned about the possible noise issues that would be associated with some of the C-2 options and is against the zone change request along with the rest of the residents of that area. Richard Crauch- 418 Sigmund- Owner of Montana East Realty. Most of these people that spoke today live in that area. He has been in real estate for 17 years and knows the impact this zone change will have on property values. Much of this area used to be zoned residential that has overtime been reduced to a small area. This request would be reducing the residential area even further for reasons that are questionable at best. He has not seen any specifics of what would be going in that area. It is too small for a viable strip mall of any kind. Two restaurants are out there now and two more are in the process that will be operating in a month or so. Commercial ground is still available out there that a restaurant could be put on. It doesn’t have to be built on residential ground. C-2 ground has no setbacks of any kind on any side, so they could put a building seven stories town right next to the fence of those people. Property values in that area would decrease by 20% immediately. Before any changes of zoning we should know what will be going there. We can use more restaurants in town but there are plenty of spaces available already zoned for it. Mayor Jimison asked if any members of the audience would like to speak in favor of the proposed zone change request. Pete Leath, Assistant Director of Public Works, spoke about the finding for the proposed zone change request. The history of the area was mainly residential that had been rezoned to accommodate different businesses. We didn’t find a negative with the C-2 other than the residents concern for lack of restrictions. The guidelines would need to be met in accordance to the zoning restrictions and guidelines. They did find a need for both commercial and residential. Mr. Reichert asked if Mr. Kemp is the owner. Leath stated that he is. Reichert went on to explain that when Mr. Kemp purchased that property the zoning was R-3 but had no indication as to why he purchased R-3 with the intent of commercial. Leath explained that commercial fit into that based on the surrounding area. Reichert stated it doesn’t fit because it is zoned R-3 and would like to know the reasoning for the intent to commercial. Why would one purposely buy residential with the intent to build commercial. Dryden asked about the reasoning for C-2. If the intent is for a restaurant C-1 would make more sense due to others in the area. The actual intent of use is still unclear. He also added that roads separate the zoning currently. He asked how long that has been zoned R-3. Members of the audience stated that has been zoned since development of Sunrise Subdivision. Mayor Jimison asked if any of the City Council members had any additional comments or questions. With no further comments, the public hearing for proposed zone change request adjourned at 7:40 pm. Dated this 19th day of August, 2014.Approved the 2nd day of September, 2014.___________________________________Jerry Jimison, Mayor________________________________Jessica Ayre, Administrative Clerk ................
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