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2016 BOARD OF ADJUSTMENT ACTION JEFFERSON COUNTY PLANNING DEPT Courthouse Annex East(114 S.Washington Street) PO Box H Boulder,MT 59632 (406)2254040 m November 14, 2016 IIIII��IIIIIIIII�IIIIIIIIII�IIIIIIIII lIII�IIIIiIIIIIIIIIIII� Spirals LLC 261079 Fee $0.00 Page 1 of 3 JEFFERSON COUNTY Attn: John Hilton Recorded 11/14/2016 At 2:30 PM PO Box 6020 BON RAMEY, C k and,Recorder Helena, MT 59601-6020 By - - ---Deputy Re: Jefferson County Board of Adjustment action on the conditional use associated with Lot 17 of the County Line Industrial Subdivision located within Section 6,Township 9 North, Range 2 West, as shown on Certificate of Survey Number 240421,Folio 870B, Dear Mr. Hilton, At the November 10, 2016 meeting of the Jefferson County Board of Adjustment, the Board heard your request for a conditional use to establish a recycling processing plant on the above-described property. The associated property is located within the Industrial zoning area of the North Jefferson County Zoning District. The Board of Adjustment voted unanimously(3-0)to adopt Planning Department Staff s findings to conditionally approve the conditional use request, subject to the conditions outlined in the staff report and as discussed at the public hearing,which are as follows: Conditions of Approval: 1. All construction on the tract shall be in accordance with the approved plans on file with the Jefferson County Planning Department, except as modified by these conditions. Any additional construction or change of use will require additional review and approval from Jefferson County. All future projects are required to comply with the rules in effect at the time they are proposed. 2. This approval allows for the establishment of a recycling processing facility as a conditional use. This use shall run with the lot and building and shall not be affected by change of ownership. 3. The applicant is responsible for securing recycled materials on the site, so the materials do not become a nuisance to the public or area properties.Any methods used for securing items (i.e. fencing, walls, hedges, etc.) shall comply with the requirements of the zoning regulations. (NJCZR Section 4.4.4) 4. Signs have not been reviewed and approved as a part of this conditional use request. If signs are desired in the future, the applicant is responsible for obtaining the proper approvals prior to installation. All signs shall comply with the requirements of the zoning regulations. (NJCZD Section 4.5) 261079 Fee $0.00 Page 2 of 3 JEFFERSON COUNTY Recorded 11/14/2016 At 2:30 PM BONNIE RAMEY, Clerk and Recorder 5. All exterior light shall comply with the zoning requirements regarding lighting including being hooded, shielded, or screened and reflect light away from residential uses. (NJCZR Section 4.6) 6. The zoning administrator has approved of a minimum of three on-site parking spaces to serve the recycling processing plant. The number of parking spaces is also subject to compliance with any of the State of Montana's requirements and shall not be less than the three approved by the zoning administrator. If it is determined that three parking spaces are not sufficient to allow adequate on-site parking for employees and patrons of the facility, additional parking spaces shall be installed to meet the demand. All parking is subject to compliance with the design standards outlined in the zoning regulations including having parking spaces at least 9 feet wide and 18 feet long, be located within 500 feet of the use, and comply with all ADA requirements for handicapped parking. (NJCZR Section 4.7) 7. As proposed, most activities will generally be conducted inside the building, which will buffer the noise. This includes the baling of materials. To the extent possible,the applicant and future lot owners shall try and abate noises associated with the operation of the recycling processing plant to minimize impacts to adjacent and area properties. (NJCZR Section 4.8) 8. Prior to establishing the use and occupying the structure,the applicant shall implement the landscaping plan including installation of gravel to accommodate parking, driveways and storage areas. Some disturbed areas shall be returned to native grasses and other vegetation to help to minimize erosion and absorb stormwater. (NJCZR Section 4.9) 9. The applicant shall ensure that all measures necessary are undertaken to ensure that the proposed activities occur within the owner's property boundaries or are permitted via a recorded easement and do not negatively impact easements or adjacent properties. Neither the Planning Department,the Board of Adjustment, nor their respective members shall be responsible or liable for any portion of the proposed plans that do not occur within the applicant's property, or impact easements or neighboring properties. In addition, it is the applicant's responsibility to comply with private contracts, agreements, covenants, conditions, and restrictions. 10. Approval of the Conditional Use and prior permitting of the construction shall not be construed as assurance that the proposed development is structurally sound,that the development will withstand environmental forces acting upon it, or that it will accomplish its intended purposes. Neither the Planning Department, the Board of Adjustment,nor their respective members shall be responsible or liable for any defects or discrepancies in any plans or specifications submitted, revised or approved under this review, nor for any defects or discrepancies in construction pursuant to such plans and specifications. 11. Jefferson County reserves the right to revoke the permit, terminate, or enjoin the use of the structure or property should the permittees, their heirs or assigns violate any condition of the permit. - 1 1111111 111 ll l 111 11111 11111 11111 11111 11111 1111 it I III IIII IIII 261079 Fee $0.00 Page 3 of 3 JEFFERSON COUNTY Recorded 11/14/2016 At 2:30 PM BONNIE RAMEY, Clerk and Recorder 12. The applicant shall have 1-year from the date of the Board of Adjustment approval letter to establish the use approved. This approval shall terminate one year from the date of authorization if the commencement of the authorized use has not begun unless the applicant can demonstrate a continuous good faith effort in commencing the use or fulfilling the conditions of approval otherwise specified. (NJCZR Section 2.2.5) This letter is intended to notify you of the official action taken by the Jefferson County Board of Adjustment approving your conditional use request. If you feel you have been aggrieved by the Board of Adjustment or any of its representatives, you may file an appeal with the Board of Jefferson County Commissioners or a court of record, as specified in 76-2-227, Montana Code Annotated. This approval is being recorded with the Jefferson County Clerk&Recorder, so future property owners are aware of this approval and the associated conditions. This conditional approval use approval is issued in conjunction with the site permit for the construction of a warehouse building that was issued by the Jefferson County Planning Department on August 15, 2016. Should you have any questions concerning the decision or the standards of the North Jefferson County Zoning Regulations,please feel free to contact the Planning Department at(406) 225-4040. Sincerely, LaDana Hintz, Planner for Dennis Spencer, Chairperson Jefferson County Board of Adjustment