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2016 - NOVEMBER 10 Hext,cto.,3 wit "I/oJ o'4 eo,,4 ac ;uJ .J. SPIRALS LLC ' "4' CONDITIONAL USE REQUEST s Lewis & Clark County \‘<;) illi Jefferson County jMa.L'� 'IN In I • stria! 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Project: Jefferson County Eo �f ajust�ment ) Meeting Date: November 10, 2016 Facilitator: LaDana Hintz , Place/Room: MT City Fire Hall Name Phone '..E-Mail '',7: i •poc‘rd v/r) A`ih,-, i i/6--9.-8S-61- i 09 ✓e- - Aa-//2.‘,r/c -/ , e'-'� r*,.r s9c 2Q2 z//Lf chi,/rAF,4tter cavaxe,el , colli L,,___)v,y.. ? K v.„E_ xl.u25---1-z_83 i 1 i„,avv. pv-i _ft-e_ TA1,9,4' 1 . ,/,,,, a0hr1;e gr'esYl Z- X2. 32. Fe? 0reel zC-onniCQ Aa.7---inar I . co I 4 Pz9Jv_� Ikt,-i 1/39- X379 c1,471/-t R DC-Qt. a5. no,71. cor,/ )C rs cl, -Gornnt 65 `7 Lig—33q a .a-ti -i `ta'3. -44r5 0 le.-rr; kU l/z 45—ci- aL / J 1 I i 1 , i i 1 1 I i I 1 i 1 [ 1 1 1 i i i 1 1 1 JEFFERSON COUNTY PLANNING DEPT Courthouse Annex East(114 S.Washington Street) li-44.'? PO Box H L '.« Boulder,MT 59632 rf �. 1 (406)225-4040 Date: November 3, 2016 To: Jefferson County Board of Adjustment From: LaDana Hintz,Planner LAT-41 Subject: November Board of Adjustment Meeting Dear Board of Adjustment Members, The Board of Adjustment will be meeting in the Meeting Room at the new Montana City Fire Hall located at 1192 Highway 282 north of the roundabout on Thursday,November 10th at 6:00 PM. We will begin with a brief introduction since you are all new to this Board. You will also need to elect officers (chair and vice chair). There will be a public hearing on the Spirals LLC Conditional Use Request.A copy of the Staff Report, Findings, and Conditions have been attached for your reference. I have heard from each of you that you will be in attendance at the November 10th meeting. If for some reason you are unable to attend,please let me know prior to the meeting as we must have a quorum(at least three of five members)present to conduct business and hold a public hearing. Please contact me if you have any questions or need additional information prior to the meeting. JEFFERSON COUNTY PLANNING DEPT n` Courthouse Annex East(114 S.Washington Street) ode POBoxH flr., Boulder,MT 59632 (406)225-4040 Jefferson County Board of Adjustment Meeting Agenda Thursday,November 10, 2016, 6:00 PM Meeting Room at New Montana City Fire Hall The Board of Adjustment will discuss following topics: 1. Call to Order 2. Establish a Quorum 3. Public Comment on Matters Not on the Agenda 4. Correspondence/Communication 5. New Business a. Introduction b. Election of Officers 6. Public Hearing a. Spirals LLC Conditional Use Request 7. Adjournment STAFF REPORT SPIRALS LLC CONDITIONAL USE REQUEST NORTH JEFFERSON COUNTY ZONING INDUSTRIAL ZONING AREA NOVEMBER 3,2016 GENERAL INFORMATION: Applicant: John Hilton of Helena Recycling Owners: Spirals LLC(represented by John Hilton) Application Type: Conditional Use: Establish a recycling processing plant Date Received: July 22, 2016 (Conditional Use) Date of Legal Notice: October 26,2016 Date of BOA Hearing: November 11, 2016 PROPOSAL: The applicant is constructing a warehouse, 80 foot by 120 foot,to house a business known as Helena Recycling. As proposed, recyclable materials would be gathered in Lewis&Clark,Jefferson, and Broadwater Counties and be trucked to the facility for sorting and bundling. Bundles will be stored at the site until sufficient amounts are obtained to be trucked out.Access to the site will mainly be for delivery trucks bringing and removing materials with limited use by the public. PROPERTY DESCRIPTION: The 2.6-acre property, which is located at 3 Industrial Loop within Section 6,Township 9 North, Range 2 West, is further described as Lot 17 of the County Line Industrial Subdivision as shown on COS 240421,Folio 870B. The subdivision is access from Highway 518, a roadway running between Montana City and East Helena. Development on the lot consists of the warehouse building that is currently under construction and driveway areas. Prior to development, the lot contained open grasslands The subject property is located approximately 1.5 miles south of East Helena just north of the Lewis &Clark-Jefferson County Boundary Line(see Attachment 1). Properties in the area are used for residential, agricultural, and industrial uses. Two residential properties are located to the west of the subdivision and there is also a large residential subdivision located to the southwest on the west side of Highway 518. The Kleffuer Ranch is located to the west of the subdivision and Highway 518 and other agricultural lands are located to the north and east.The subdivision contains 24 lots that will be occupied by industrial uses. There is currently a commercial landfill and other industrial uses occurring in the area. APPLICABLE REGULATIONS: AMENDED NORTH JEFFERSON COUNTY ZONING REGULATIONS, MAP,AND WRITTEN DESCRIPTION Jefferson County Planning Board Sub-Committee October 1996, County Commission Amendment October 1997, Planning and Zoning Commission Amendment March 2012, County Commission Amendment November 26, 2013 (Resolution 27-2013). 1 APPLICABLE SECTIONS: CHAPTER I- GENERAL PROVISIONS SECTION 1.2-PURPOSE AND INTENT It is intended that these Zoning Regulations will comprise of a comprehensive Zoning Plan made up of ten(10) land use classifications in several zoning districts, each with distinct boundaries as defined in Exhibit"A"(amended map zone districts). The purpose of the North Jefferson County zoning regulations is: to promote health, safety, and general welfare of the community;to protect property values;to protect and conserve natural resources;to provide adequate accommodations for transportation of people, goods, and emergency response services; to provide for the management of adequate light and air; to facilitate the provisions for public works and requirements such as schools, water, sewer, and environmental needs;to ensure orderly development according to the County Growth Policy; to regulate and restrict undue concentrations of population and overcrowding of the land; to determine and define the location and use of buildings, structures, and the appropriate uses of land for basic resource, residential, commercial, industrial, and/or other purposes; and to preserve the character and protect the aesthetic resources of Jefferson County. If an application does not meet the listed criteria of a requested land use classification,but is consistent with the purposes of the proposed land use and is similar to the listed uses,then the Zoning Administrator may recommend a classification to the County Commission. SECTION 1.5-PERMIT REQUIRED 1.5.1 Site Plan and Permit: A site plan and permit is required prior to any construction of the project. Note: (See Appendix D). The applicant shall provide(6) sets of a site plan for each project.Each site plan shall identify: a. Property boundaries and dimension b. Location of wells and septic systems c. Easements, covenants, or other restrictions on property d. Size, height and location of existing or proposed structures, and distances from structure(s)to the parcel boundaries e. Location of all utilities and vehicular access; including roads and driveways to property f. Other drawings, sketches or visual information you may wish to have the Board of County Commission consider in this request 1.5.2 Conditional Use Permit A Conditional Use Permit must be obtained before those uses specified as Conditional Uses within certain zoning classifications may be established.A Conditional Use Permit may be issued only when the proposed use will meet both the requirements of the particular classifications involved and the conditions specified for the use. CHAPTER II-ADMINISTRATION SECTION 2.2 -PROCEDURES FOR CONDITIONAL USE PERMITS 2.2.1 Purpose: A Conditional Use Permit is to provide for specific uses, other than those specifically permitted in each classification,which may be appropriate in the classification under 2 certain safeguards or conditions. The Conditional Use Permit is to provide a detailed and comprehensive review of the proposed use that potentially could have significant adverse impacts on the community. 2.2.2 No structure or land may be used for any purpose in any classification where the use is not permitted,unless the use is listed as a conditional use within that classification and the approval for the use is obtained through these procedures. 2.2.3 All uses not specifically defined as Prohibited, Conditional, or Permitted uses in these regulations are considered to be Conditional Uses and require a Conditional Use Permit. 2.2.4 Conditional uses are listed as a part of the requirements for each classification in Chapter III. 2.2.5 Reviewing and Issuing a Conditional Use Permit 1. The applicant must submit an accurate and complete written application to the Board of County Commissioners through the Zoning Administrator. All applications must be accompanied by plans drawn to approximate dimensions and shape of the lot to be built upon; the approximate sizes and locations on the lot of buildings already existing, if any; the location and dimension of the proposed buildings or alterations; and information which clearly state how the conditions for the use be met.The application must include any other information as may be required by the Zoning Administrator as may be necessary to determine conformance with, and provide for the enforcement of these regulations. 2. Notice and public hearings for Conditional Use Permits shall be in conformance with the requirements of Jefferson County. 3. Where the proposed conditional use is subject to review as a subdivision, the Planning Board shall hold public hearing(s). 4. Once granted,the Conditional Use Permit, will set forth the terms and conditions of the use and shall: a. Run with the lot,building or structure, or use and shall not be affected by change of ownership. b. 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 the conditions of approval otherwise specify, and, c. The document shall be recorded with the Clerk and Recorder. 5. If an application is denied, no re-submittal of an application for a conditional use permit may be made for one year from the date of the denial unless sufficient new evidence or conditions are offered to the Zoning Administrator. Resubmitted applications shall be treated as a new application. SECTION 2.5-APPEALS 2.5.1 Any person,unit of government or agency may file an appeal when aggrieved by a decision or interpretation by the Zoning Administrator,provided that the appeal is based on an allegation that: 1. The Zoning Administrator made an error in the interpretation of these regulations; 2. The erroneous interpretation specifically aggrieves the appellant. 3 2.5.2 Appeal Process 1. Appeals to the Board of County Commission must be filed in the manner provided by the Zoning Administrator within 30 days of the decision or interpretation and after payment fees. - 2. Appeals of the Board of County Commission decision must be filed in the manner provided by 76-2-110 MCA. 3. No part of any such fee shall be refundable. CHAPTER HI ESTABLISHMENT AND DEFINITION OF CLASSIFICATIONS 3.3.10 INDUSTRIAL The purpose of this classification is to: 1. Accommodate manufacturing,processing, fabrication, and assembly of parts or materials; 2. Protect public health and safety, environment and community character; 3. Provide for a planned roadway system including adequate access for emergency response services; 4. Protect industrial zones from encroachment by non-industrial uses; and 5. Provide adequate landscaping to blend with other land uses in the surrounding area. 3.3.10.1 Examples of Permitted Uses 1. Art foundries 2. Building supply outlets 3. Cement manufacturing 4. Contractors'yards 5. Heavy equipment sales,rental, and service 6. Assembly,manufacturing, fabricating,processing,repairing,packing, or storage facilities provided that such uses do not produce objectionable by-products (dirt, noise,heat, glare, odors, smoke, etc.)beyond the lot lines and do not endanger health and safety 7. Nurseries and landscape materials,wholesale and retail 8. Parcel delivery services 9. Research laboratories and institutions 10. Tire recapping and retreading 11. Truck terminals and repair shops 12. Automobile repair shops 13. Sale of petroleum products,wholesale and retail 14. Railroad yards 15. RV storage facilities 16. Water and sewage treatment systems 3.3.10.2 Examples of Conditional Uses 12. Recycling processing plants 3.3.10.4 Bulk and Dimensional Requirements: 1. Minimum lot area: 1 acre 2. Minimum lot width: 120 ft. 4 3. To provide minimum size and adequate open space,the principal structure must be set back from the property line by: Front: 20 ft. Side: 10 ft. each Rear: 20 ft. 4. A 20 foot set-back is required from streams,rivers, and lakes which do not serve as property boundaries. 5. Set back required for County roads shall be 20 ft. (as measured from edge of easement or right-of-way),which ever applies 6. Maximum Height: 420 ft. 7. Off-Street Parking:See Section 4.7 8. Landscaping Plan: A preliminary landscaping plan shall be submitted to the Zoning Administrator and/or County Planner for approval. CHAPTER IV- SUPPLEMENTAL STANDARDS AND REGULATIONS Purpose: Supplementary classification regulations are intended to govern miscellaneous issues related to use or conditions that occur in more than one zoning classification 4.5 SIGNS - SIGN STANDARD SCOPE: A preliminary description of all signage must accompany the conditional use permit application form. The description will include a picture of the sign, its location, and the name of the installer. These standards are intended to provide for the proper erection, design, and placement of all signs and sign structures not located within a building. Design standards are established in order to achieve the proper relationship of signs to their environment, enhance the outward appearance of the community as a whole, and secure pedestrian and vehicular safety. For an application, contact the Jefferson County Planner/Zoning Administrator.The fee to be included with the application will be according to the fee schedule. (see Exhibit B, Fee Schedule). All non-conforming sign requests must go before the Jefferson County Commission for action. A Request for Board Action(See Exhibit C, form BOA-1)must be completed along with the required application fee. For an application, contact the Jefferson County Planners/Zoning Administrator. 4.5.1 General Provisions Signs shall incorporate the following standards: 1. In computing the background area of signs in sq. ft., the standard mathematical formulas for known or common shapes shall be used. In the case of irregular shapes, straight lines shall be drawn closest to the extremities of the shape shall be used. 2. The supporting members of a roof sign or projecting sign shall appear to be free of any extra bracing angle iron, guy wires, cables, etc. The supports shall appear to be an architectural and integral part of the building. Support columns of round, square or shaped steel members may be erected if required bracing, visible to the public, is minimized and covered. 3. No roof sign shall exceed beyond 28 ft. or the highest point on the roof,measured from the ground floor level of the premises. 4. No free standing, ground or off-site sign shall exceed 28 ft. in height 5. Nothing in these standards shall be interpreted as prohibiting or excluding such signs as are required by law. This includes legal notices and advertisements prescribed by law or 5 posted by any law officer or agent. 6. Any sign attached to an exterior window of a building,whether on the external or internal side of the window, shall be regulated by these standards. 7. All signs shall be maintained by the owner and kept in good repair and shall be painted and repainted at reasonable intervals. The surface of the ground under and about any free- standing on or off premise sign shall be kept clear of weeds, rubbish and flammable waste materials. 8. Signs not in use by reason of change of occupancy or vacation of the building or use, shall be removed within sixty(60) days by the owner of the sign. 9. Illumination signs shall be illuminated in such a manner that the light therefrom shall shine only on the sign or property on which it is located and shall not shine onto any other property, in any direction, except by indirect reflection. All lighting shall be projected downward or at the sign.No lighting arrangement shall be permitted which,by reason of brilliance or reflected light, is a detriment to surrounding properties or prevents the reasonable enjoyment or residential uses.No blinking, flashing, or moving signs,nor any other type of sign that may adversely affect traffic safety and/or the general appearance of the area shall be permitted. Lighted signs within a building(window) are permitted,but cannot exceed 25% of the sq. footage of the exterior face of the building. Unlighted signs are not restricted. 10. No projecting sign,marquee sign or under marquee shall have vertical clearance of less than eight ft. (8') 11. Projecting signs shall not extend more than ten ft. (10')which distance shall be measured horizontally between the outer extremity of the sign and the wall or structure to which it is attached. Where projecting signs are permitted to extend over public property, the sign may not project beyond ten ft. (10'), or within two feet(2') of the curb line, whichever is less. 12. No sign shall project or extend into a public right-of-way unless provisions are herein made. A ten foot(10') set back from all road way easements are required. 13. Mobile signage will be temporary in nature and must be moved when not in use. 14. If a covenant is more restrictive and consideration for neighbors are encouraged when illuminating signs. 15. A sign that is on or off the premises and not attached to the building,the owner(s) shall contact the Montana Department of Transportation. 4.5.2 ON-PREMISE SIGN STANDARDS: 16. Residential a. There shall be no signs allowed in the residential classification except real estate sales signs,political, or construction signs. These are temporary in nature and must be removed within(30) days after the completion of the project. b. For home based business signs refer to Section 4.3.1.2 c. No residential classification sign shall exceed(32)total, aggregate square feet. 17. Commercial a. Commercial classification on-premise signs whether attached to or detached from a building shall not exceed total, aggregate background area of 100 sq. ft. b. Taking into consideration the above square feet for the commercial classification, the sign cannot cover more than 25% of the square footage of the face of the building. 6 18. Industrial a. On-premise signs in the industrial classification whether attached to or detached from a building shall not exceed total, aggregate background area of 520 sq. ft. b. Signs attached to buildings in the industrial classification shall not exceed 100 total, aggregated sq. ft. c. Taking into consideration the above sq. ft. for the industrial classification, the sign cannot cove more than 25% of the square footage of the face of the building. 19. Mixed uses: a. The less restrictive sign requirements of the mixed use zoning classification shall apply. 4.5.3 OFF PREMISE SIGNS: 1. Off-premise signs shall be limited to directional signs, and no sign shall exceed 16 sq. ft. in total background area, and there shall not be more than four such signs for any single business, commercial or other use. If the location of an off premise sign lies within an area that is 660 ft. from the center line if a primary highway or an interstate highway,the Montana Depth linent of Transportation 18.6.201 Administrative Rules of Montana will be used as sign standards. 4.6 YARD, STREET AND SECURITY LIGHTING The intent of this section is the enhancement of the visual integrity of the natural environs of the community area,particularly pertaining to the unwarranted and/or unwanted intrusion of artificial lighting in areas not desiring such light which detracts from the beauty and naturalness or the hours of normal darkness. 1. All yard lighting shall be hooded, screened or directed in a manner such that the light source or the diffuser emitting the light shall be deleterious to the adjoining property owners or occupants. 2. Any light provided to illuminate any public or private parking area or vehicle sales area shall be arranged to reflect the light away from any abutting or adjacent residential use. 3. Any non-conforming lighting situation shall be brought into compliance within 60 days after official notice by the Zoning Administrator. 4.7 PARKING The purpose of off-street parking is to provide convenient and safe access to property,reduce the need for on street parking and thus congestion on streets, alleviate hazards associated with access to traffic generating business and industrial uses,provide adequate and safe parking for residents and business customers,protect residential uses from the undesirable effects of abutting traffic and maintain the traffic carrying capacity of the road system.Parking requirements do not apply to the Basic Resource Classification. 4.7.1 Parking Design: 1. An off street space shall be at least 9 ft. in width and 18 ft. long. 2. Off street parking areas must be accessible from a public street. 3. The access to an off street parking area must be at least 24 ft. wide or 12 wide(where one-way drives are used). 4. Off street parking spaces serving high density residential uses must be located on the same lot as the dwelling and may not be located in any front yard except in the driveway 5. Off street parking areas serving commercial, industrial,public or institutional uses must 7 be located within 500 ft. of the use, and may not be located in front yards. 6.. Off street parking serving multi-family residential developments of more than 10 units, commercial and industrial uses must comply with the following provisions: a. Off street parking areas shall be graded and any needed swales, culverts or their drainage facilities installed to remove surface run-off in a matter that does not adversely affect adjacent properties, streets or surface waters. b. Off street parking areas containing twenty or more spaces shall be surfaced with asphalt, or other hard surfaces. c. Where off street parking area abuts a residential use,the parking area shall be effectively screened at the property lines,by an acceptably designed wall, fence or planting screen. d. No lighting used to illuminate a parking area shall face,or have it light source directly visible from any residential use. 7. The number of parking spaces required: a. Residential single family: 2 per dwelling unit b. Multiple family: 1.5 per dwelling unit c. Rooming houses,boarding houses: 1 per room for rent d. Commercial: 2 per 1000 sq..ft. of gross floor area, unless otherwise specified by the Zoning Administrator e. Industrial: 2 per 1000 sq. ft. of gross floor area unless, otherwise specified by the Zoning Administrator 8. The applicant for a proposed use may apply to the Board of County Commissioners for joint use of street parking of another use. 9. All non-residential uses shall comply with the ADA requirements for handicapped parking. 4.8 NOISE Applicants for a Conditional Use Permit or Variance shall describe methods for noise abatement that may periodically generate noise that may directly affect others. 4.9 LANDSCAPING PLAN A preliminary plan is required for Commercial and Industrial uses. The plan shall be submitted to the Zoning Administrator and/or County Planner prior to the beginning of construction for approval. DEFINITIONS Building-Any structure having a roof supported by columns or walls for the housing or enclosure or persons, animals, or chattel, or personal property; used or intended for supporting any occupancy. When any portion thereof completely separated from every other portion thereof by a division of a wall without openings,then such portion shall be deemed to be a separate building Conditional Use-Any uses not specifically permitted or prohibited, shall be considered conditional 8 Landscape- See Preliminary Landscape Plan Permitted Uses-Any use subject to the regulations of such use classification Preliminary Landscaping Plan-A schematic diagram of the lot, tract, a parcel of land showing proposed landscaping features such as location of trees,bushes, shrubs, open space, sculptures, flags, drainage, driveways,parking, lighting, etc. Shall- Indicates a mandatory requirement Storage yard-Any lot or portion of the lot which is used for the sole purpose of the outdoor storage of fully operable motor vehicles, construction equipment, construction materials, or tangible materials and equipment in an orderly manner Structure—That which is built or constructed, an edifice or building of any kind Use-The specific purpose for which a building is arranged,intended, designed, occupied, and maintained 9 STAFF REPORT SPIRALS LLC CONDITIONAL USE REQUEST NORTH JEFFERSON COUNTY ZONING INDUSTRIAL ZONING AREA NOVEMBER 3,2016 1. On August 15, 2016, the Planning Department issued a site permit to construct a warehouse, 80 feet by 120 feet on the subject property. Construction of a warehouse in and of itself does not require any special approvals; however,the use would be limited to the permitted uses listed within Section 3.3.10.1 of the North Jefferson County Zoning Regulations. Since the applicant is proposing a recycling processing facility,which is listed as a conditional use within the Industrial Zoning Area, a conditional use is needed to establish the use. If the requested conditional use is approved,the facility will be used to process recyclable materials gathered in Lewis &Clark, Jefferson, and Broadwater Counties. The plant will process(bale)plastics, aluminum and steel cans,paper and cardboard. The facility will not be open to the public, except for drop-off bins that would be located outside the warehouse. 2. The following items are attached to this report: a. Attachment 1: Location map, b. Attachment 2: Site plan, c. Attachment 3: Applicant summary, d. Attachment 4: Elevation drawings, e. Attachment 5: Public comment received(no letters or emails). 3. A summary submitted with the application addresses the need for the conditional use and efforts made by the applicants to mitigate potential impacts associated with the proposed use (see Attachment 3).The summary indicates the proposed development has been designed to minimize impacts to adjoining properties and other properties in the area.Noise is expected to be minimal since most work will occur in the building and there will few services provided at the facility. 4. It should be noted that in addition to zoning requirements,the subdivision also has recorded covenants (Document#240423 on record with Jefferson County Clerk&Recorder). The covenants address such items as weed management, access,parking, and driveway placement, fencing, exterior lighting, storage of equipment, erosion and sediment control, loading spaces, signs, and hours of operation. In cases where there are items addressed by covenants and zoning, the stricter of the two would be required to be followed although compliance with the covenants would be subject to enforcement by the subdivision's Homeowners Association or parties to the terms of the covenant document. 5. As addressed in Section 2.2.1 of the North Jefferson County Zoning Regulations,the purpose of a conditional use is to provide for specific uses, other than those specifically permitted in each classification, which may be appropriate in the classification under certain safeguards or conditions. The Board of Adjustment provides a detailed and comprehensive review of the proposed use since it potentially could have significant adverse impacts on the community. 10 6. There are different types and magnitudes of recycling processing facilities, some of which would have greater impacts to the public and area properties, so Planning Staff presumes this is why the item requires conditional use approval. For instance,there are sites that collect steel and other large items,which are stored in a storage yard or a large pile until they are crush, hauled away, etc. Other facilities, such as the one proposed, collect limited materials such as plastics, cans,paper, and cardboard.These small items are typically collected and baled together and stored on-site until there are sufficient amounts to warrant pick-up. In the case of the proposed facility, most items will be brought to the site after being collected off-site and will be taken directly into the warehouse building for processing and baling. There should be minimum impacts to adjacent and area properties if materials are not loosely stored outside. Storage of bundles outside could create visual impacts; however, the applicant could fence in the storage area or use other methods to shield the area if this becomes an issue. 7. Prior to issuance of the site permit, Planning Staff reviewed the warehouse for compliance with the building height and setback requirements outlined in the North Jefferson County Zoning Regulations. The structure adequately met the standards(see Attachments 2 &4). 8. Chapter IV of the North Jefferson County Zoning Regulations addresses supplemental standards and regulations.These include such items as accessory uses, fencing, walls, and hedges, signs, lighting,parking,noise, and landscaping. Such items are typically reviewed since they can impact the public and adjacent property owners. Impacts,particularly if they are adverse, should be mitigated by the applicants to the extent possible. 9. Materials that are left loose on a site can have a significant impact to the public and adjacent properties. If necessary, there are many methods that could be used to contain materials, so they do not become a nuisance to neighbors and the public. Such methods may include installing fences,walls, hedges, etc.Any such items installed are required to comply with any applicable requirements of the zoning regulations the subdivision's covenants.A condition has been included to address this requirement. 10. The application materials indicate that a sign may be installed in the future, and it would be less than 100 square feet. Section 4.5 of the North Jefferson County Zoning Regulations addresses the standards for signage, including lighting, size restrictions, setbacks, etc. The Industrial Zoning Area has specific size limits for signage(attached or detached)that will need to be addressed when signage is proposed. It should be noted that the Industrial Zoning Area does not specifically list signage as a permitted conditional, or prohibited use. Section 2.2.3 of the zoning regulations states that all uses not specifically defined as prohibited, conditional, or permitted uses in the regulation are considered to be conditional uses and require a conditional use permit. When the applicant does decide to install signs, conditional use approval will need to be obtained and specific standards for the sign will need to be submitted. A condition has been included requiring the applicant and future lot owners to address the zoning requirements associated with signs and seek the proper approvals when they proposed to install a sign. 11. The application materials do not address if lighting will be installed on the exterior of the building or in the parking area. Section 4.6 of the zoning regulations does address lighting. The regulations require that yard lights be hooded, screened or directed in a manner such that the light source or the diffuser emitting the light shall be injurious to adjoining property owners or occupants. The regulations also require that any light provided to illuminate the parking area shall be arranged to reflect the light away from any adjacent residential use. Since there are no 11 residential properties located within the subdivision or directly adjacent to the subject property, impacts from lighting are expected to be minimal,particularly if the zoning is adhered to and considered when selecting and installing lights. If the conditional use request is approved, Planning Staff recommends that a condition be included that requires any exterior light installed on the building or the lot to comply with the zoning requirements. 12. Section 4.7 of the zoning regulations addresses parking requirements. The proposed warehouse would contain approximately 9,600 square feet. Commercial and industrial properties require 2 parking spaces per 1000 square feet of gross floor area unless otherwise specified by the zoning administrator. The Declaration of Covenants for County Line Subdivision require each owner to provide adequate off-site parking facilities to eliminate the need for vehicles to park on the subdivision's public roads. The covenants go on to state that parking shall not be permitted in setback areas, except that parking may be provided in front of setbacks but not closer than 20 (20) feet from the front property line. In addition,the covenants require that all driveways and parking areas are require to be improved to provide a dust free all-weather surface. Although Jefferson County and the Board of Adjustment's roles are not to interpret and enforce private covenants, these items are included for reference, since they are additional parking requirements imposed on the applicant beyond the zoning requirements. At this time,the applicant is requesting to only install three parking spaces instead of the 9.6 spaces that the zoning would require. The reduced number accounts for few employees and limited public operations at the processing facility. Planning Staff believes the request for three parking spaces does seem reasonable provided this is a sufficient number of spaces for the applicant to conduct his business. Based on the current plan for development,the applicant could add more parking spaces in the future, if additional spaces are needed. The reduced number of spaces would be subject to compliance with any of the State of Montana's requirements and could not be less than three. A condition of approval has been included to address parking. 13. Section 4.8 of the zoning regulations addresses noise. Applications for a conditional use permit are required to describe methods for noise abatement if the proposed use may periodically generate noise that may directly affect others. As proposed,most activities associated with the recycling facility will occur within the warehouse.The baler will be located within the warehouse, so the building should buffer most of the noise.There will be vehicular traffic coming and going from the site, which will produce a minimal amount of noise, however such noise is to be expected from a commercial property. If the requested conditional use is approved, Planning Staff suggests that a condition be included informing the applicant and future lot owners of their obligation to try and abate noises associated with the operation of the recycling processing plant to the extent possible to minimize impacts to adjacent and area properties. 14. The zoning regulations address landscaping under Section 4.9.They require that a preliminary plan be submitted for commercial and industrial uses. It should be noted that although the regulations do require that a landscaping plan be developed,they include no guidance regarding what is required in a plan. Since there are no particular standards it may be difficult to determine whether or not a plan is adequate because such a determination would be open to 12 the reviewer's opinion regarding what they would consider adequate. In the case of a project involving a conditional use or variance request, Staff and the Board of Adjustment must make findings and conditions that address impacts associated with the proposal, so it seems reasonable that they would determine what a minimal landscaping plan should contain. In these instances,the requirements for the landscaping plan may be unique to a particular project and will likely vary based on the resulting impacts that must be mitigated. A landscaping plan not only helps with the visual impacts resulting from larger commercial/industrial developments, it can also serve other roles. For instances, landscaping can help to filter and absorb stormwater that results from the additional impervious surface coverage (i.e. graveled and paved parking areas,buildings,walkways, etc.),which in turn reduces impacts to water quality and adjacent properties. The applicant has proposed that there would be limited landscaping installed since this is a recycling processing facility. As proposed, the lot would contain the building and the remainder of the site would be gravel. Weeds and grasses would be mowed and/or sprayed to maintain curb appeal.There is no indication what landscaping, if any, would be installed with the exception of gravel or if some of the native grasses and other existing vegetation would be allowed to remain. While gravel can be a component of landscaping, it is somewhat impervious and is typically used to cover the ground around other types of plantings. Historically the site contained grasses which helped to reduce runoff and minimize erosion. Construction activities have resulted in disturbance of a portion of the lot. It would be beneficial to at least allow native grasses to repopulate the remainder of the lot outside of areas occupied by the building, driving surfaces,parking areas and any storage areas. This would help reduce the potential for erosion and run-off issues.Native vegetation can sometimes more easily re-establish on the site and are often better adapted to the site conditions. The applicant could add some additional landscaping features such as trees and shrubs,however such vegetation would need to be watered and cared for at least the first few years until they become established. Allowing native vegetation to return to disturbed areas and maintaining existing vegetated areas may be sufficient to address the impacts resulting from the development and may be a sufficient landscaping plan since this is in an industrial subdivision. If the Board of Adjustment determines that a more significant landscaping plan should be developed, the Board should provide suggestions on what would be an acceptable plan to mitigate impacts and require the applicant to submit a landscaping plan to the Planning Department for review prior to occupying the structure. A condition has been included requiring that a landscaping plan be implemented prior to establishing the use and occupying the structure. 15. The site plan shows a 30-foot wide approach off the west side of the lot along Industrial Loop, a 20-foot wide approach off the north side along Industrial Loop, and a 30-foot wide approach off the south side along Powertrain Road(see Attachment 2). The subdivision is accessed via subdivision roads that are open to the public,with maintenance being the responsibility of the subdivision. In 2015,the Jefferson County Commissioners created a Rural Improvement District(RID) and Rural Maintenance District(RMD)(Resolution 33-2015) for the subdivision's roadways upon sufficient petition from lot owners within the County Line Industrial Park Subdivision. The RMD was created specifically to address snow removal, pothole patching, and maintenance of culverts and drainage ditches on Powertrain and Industrial Loop. Establishment of these Districts helps to ensure that the roads within the 13 subdivision are maintained in perpetuity, thus allowing reasonable access to the lot owners,the public, delivery folks, and emergency service providers. 16. The recycling processing plant will be served by an onsite well and drainfield. Both locations have been reviewed and approved by the Montana Department of Environmental Quality (MDEQ)under a Certificate of Subdivision Approval(COSA) granted to the subdivision. The locations of these facilities cannot be changed without review and a COSA re-write. The Jefferson County Environmental Health Department has issued a septic permit for the septic system that will serve the business. These items help to mitigate impacts associated with public health and safety. 17. Although the applicant has begun work on building the warehouse,the Board of Adjustment is under no obligation to approve of the proposed use if adequate findings and conditions cannot be made to mitigate for the proposed impacts that could be associated with the use. The applicant has been advised by Planning Staff that any construction that occurs prior to receiving conditional use approval is done at the applicant's own risk. Should the proposed facility not be approved, there are a number of permitted uses that could be allowed under the zoning if the applicant wished to modify the proposal. 18. Because it is not Jefferson County's role to interpret or enforce private covenants, easements, or agreements,Planning Staff is recommending that, if the proposal is approved, a condition be included that states: "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." 19. Because the purpose of this review is not to assure the structural integrity of the proposed development, including the site, or the effectiveness of the stormwater management plan, Planning Staff is recommending that if the proposal is approved a condition be included that states: "Approval of the Conditional Use request and subsequent permitting of the proposed 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 the development 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." 20. Legal notice of this Condition Use request was placed in the October 26, 2016 issue of the Boulder Monitor and adjoining property owners were notified of the request by mail. To date the Jefferson County Planning Department has received no letters or emails of public comment regarding the proposal. 14 21. The North Jefferson County Zoning Regulations do not contain specific review criteria for conditional use requests, so Planning Staff reviewed the proposal with regards to the purposes listed under Section 3.3.10 for the Industrial Zoning Area. The Board shall review the particular facts and circumstances of the request. Findings are required to be made by the Board for approval of a conditional use.The section of this report entitled "FINDINGS/BOARD ACTION"includes findings specific to the conditional use request. As a result of the Staffs proposed findings,it appears the proposal could qualify for approval of the requested conditional use. The Board of Adjustment could consider approving the conditional use request to establish a recycling processing plant if the suggested findings and conditions are also adopted. GENERAL INFORMATION: In order to grant a conditional use request,a minimum of three members of the Board of Adjustment must vote in favor of a motion to approve such a request. The Board of Adjustment may impose conditions on the project should it elect to approve the request BOARD ITEMS: The decisions before the Board of Adjustment are as follows: 1. Whether to grant a Conditional Use to operate a recycling processing plant in an Industrial zoned area; 2. Whether to impose conditions if the Board grants approval of the requested Conditional Use (potential conditions are listed on pages 17 - 1.8 of this report). 3. Whether to adopt the findings of fact and the Staff Report presented by Planning Department Staff or to adopt alternative findings. FINDINGSBOARD ACTION—CONDITIONAL USE REQUEST: After the Board reviews the particular facts and circumstances of the requested Conditional Use and the staff recommendation, findings are required to be made by the Board to support the decision on the Conditional Use request. Since the North Jefferson County Zoning Regulations do not contain specific review criteria for conditional use requests,Planning Staff has reviewed the proposal with regards to the purposes listed under Section 3.3.10 for the Industrial Zoning Area.Each of the purposes is listed below.After each bolded purpose, are potential findings in regards to the Conditional Use request. If the Board chooses to modify these findings to support their decision,the Board members shall direct Staff as to what sections shall specifically be modified. The Staff Report and application should always be adopted into the Board's findings in support of the final action on the proposal. Findings that could support a decision to approve the Conditional Use to establish a recycling processing plant on a lot legally described as legally described as Lot 17 of the County Line Industrial Subdivision located in Section 6, Township 9 North,Range 2 West, as shown on COS 240421,Folio 870B: a. Accommodate manufacturing,processing,fabrication, and assembly of parts or materials: Pursuant to Section 3.3.10.2.12 of the North Jefferson County Zoning Regulations, recycling processing plants are listed as a conditional use in the Industrial Zoning Area. Since the 15 proposed facility will sort and bale recycled materials, the proposed use does accommodate processing of recyclable materials. b. Protect public health and safety, environment and community character: The proposed recycling processing plant will be located within the County Line Industrial Subdivision, which contains 24 lots, all of which have been reviewed and approved for industrial uses. This portion of Jefferson County and neighboring Lewis and Clark County have mainly industrial and agricultural uses occurring on area properties. Residential uses are located to the west with the densest residential development being located to the southwest on the west side of Highway 518. The County Line Industrial Subdivision has undergone a public review process and conditions of the subdivision approval addressed impacts to public health and safety and the environment. In addition to the requirements of the zoning address items such as noise,parking, access, etc. which help to reduce impacts to the public, the environment and area properties.A Declaration of Covenants has been recorded for the subdivision, which further helps to address impacts to public health and safety, the environment, and the community character. The applicant has secured a septic permit from the Jefferson County Environmental Health Department and the Montana Department of Environmental Quality(MDEQ) has approved a well and drainfield location on the property. The applicant is responsible for obtaining building permits from the State of Montana and complying with any requirements of those permits. Based on these item, the proposed use is expected to have minimal impacts to public health and safety, the environment, and the community character if approved. c. Provide for a planned roadway system including adequate access for emergency response services: Access to the lot was reviewed and approved as part of the subdivision process. The subdivision's roads were required to be a minimum of 24 feet wide and have a paved, all weather roadway surface. In 2015, The Jefferson County Commissioners voted to approve a petition that created a Rural Improvement District(RID) and Rural Maintenance District (RMD) associated with the subdivision's roadways. The RMD was created specifically to address snow removal,pothole patching, and maintenance of culverts and drainage ditches on Powertrain and Industrial Loop. Establishment of these Districts helps to ensure that the roads within the subdivision are maintained in perpetuity, which could provide for reasonable access to the lot owners, the public, delivery folks, and emergency response services. d. Protect industrial zones from encroachment by non-industrial uses: The proposed development would be an industrial use located within an industrial subdivision. Both the subdivision review process and the creation of the zoning district and regulations allowed for public comments and the governing body attempted to protect existing lot owners in the neighborhood and address impacts associated with industrial developments prior to approving the subdivision and the adopting the zoning. Since the proposed development is located within an industrial subdivision that has been reviewed and approved for industrial uses and other uses in theimmediate area are also industrial in nature, there should be minimal impacts if the proposed recycling processing plant is created and operated within this development. Therefore, it appears that the industrial zone would be protected from encroachment by non-industrial uses. 16 e. Provide adequate landscaping to blend with other land uses in the surrounding area: The property historically contained native grasses. Disturbance to the vegetation has occurred from developing the lot. The lot is located within an industrial subdivision, so lots within the development will all contain similar industrial uses. Other uses occurring in the area currently include a commercial landfill. The application materials indicate that much of the property would be covered with gravel. If areas not occupied by gravel and structures are allowed to remain in a natural state containing some type of vegetation (most likely native grasses) then the landscaping should blend with other land uses in the area. STAFF REPORT SPIRALS LLC CONDITIONAL USE REQUEST NORTH JEFFERSON COUNTY ZONING INDUSTRIAL ZONING AREA NOVEMBER 3,2016 After review of the site, application,North Jefferson County Zoning District Regulations,history of the subject property, and related information, the Jefferson County Planning Department Staff recommends that the Board of Adjustment consider approval of the applicant's Conditional Use request to establish a recycling processing plant on property located in the North Jefferson County Zoning District, Industrial Zoning Area,that is legally described Lot 17 of the County Line Industrial Subdivision located in Section 6,Township 9 North,Range 2 West, as shown on COS 240421,Folio 870B, subject to the following conditions: 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) 17 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 Depai tuent, 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. 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) 18 SPIRALS LLC CONDITIONAL USE REQUEST Lewis & Clark County Jefferson County U, • z ti Subject Property 3 Industrial Loop n TRENCHER 1 N 2 \'; 0 0.15 0.3 0.6 Miles J i i i I ikttnehmpnt 1 a PROPOSED ('', - Illy- ' `1 arse,•: / / i aa.00 / � )s.T' PNCO80'X 110' / aS00'fOl FRAME 6L0N/L/ pxp Jp LLP / / / f /Ley� .7- / Rx,.-iiDL/ i — f / / �1 • / / / '/ PRO^OgD ^� 09. KU LOGROV / s aanrl6•E T36.46 5 f 5 EPIIEN CUP *. _______,... Su*C.ralea ��, SLWSURVEYING ' 1109 HAUSER BLVD: HELENAME59601 �" HIT SURIEY CP.LO!Il OF MC COVNTY UNE 1NDUSiRIAI SUB01 y,ET O LO 9.1 T.9 NE R.2 W., JOH �rr�IXI COVHry 00• 0 20. b' N HI M Lae. Seale I- 20. SIEVE YAN2LE I SIEVE OLE M1 AA.Y 19,2OIB Request for conditional use for 3 Industry Loop East Helena,MT 59635 Building Use Helena Recycling LLC is requesting a conditional use permit for 3 industry Loop East Helena, MT 59635. This building will be used as a recycling processing warehouse for Helena Recycling LLC. We will process (bale) plastics,aluminum and steel cans, paper,and cardboard. We will not be open to the public, but will have public drop off recycling bins located on the outside of building. We believe this will benefit all surrounding counties' (Jefferson, Lewis&Clark, and Broadwater) recycling needs. Landscaping Because this will be used for processing recycling there will be limited landscaping. The lot will contain the building and the remainder of lot will be made up of gravel . Weeds and grass will be mowed and/or sprayed to maintain curb appeal. Signage Signage will eventually be attached to the building,which will not exceed 100 sq.ft. Sign has not been developed at this point, but will read "HELENA RECYCLING.CENTER". If need be we will submit for sign approval if we decide to put up a sign. Noise Since the equipment(baler) used will be located inside of building,the outdoor noise will be limited to Helena Recycling trucks going in and out of building. Parking Helena Recycling requests to have 3 main parking spaces in front of building. The parking spaces required per zoning is 9.6 spaces for a 9600 sq ft building. Because we are not a retail business and are not open to the public,we are requesting a variance in the amount of parking spaces. Attachment 3 BOLT TABLE FRAME LINE 6 LOCATION QUAN TYPE DIA LENGTH QBO'-°'OUT-TD-OUT OF STEEL (H� ER-3/ER-4 8 A325- 1/2" 1 1/2" _ 7� EC-8/ER-3 4 A325 1/2" 1 1/4" • II 1/2-7. 15-61/2' O 16'-3' © 14'-6" O FO Int_Column/Rat 4 A325 1/2" 1 1/4" 16'-3" I5'-10" r EC-13/ER-4 4 A325 1/2" 1 1/2" . Giz' 12 2-1 ... FRAMER LINE 6E . 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