ITEM 1: County Special Review 330 – 3760 Wise Lane - A special review request to operate a gravel extraction open cut mine in an Agriculture Open-Space (A-1) zone on a fraction in the NE ¼ and on a fraction of Lots 1 & 2 in Section 34, Township 1 South, Range 25 East, generally located at 3760 Wise Lane, a 59.21 acre parcel of land. Additional area will be included in the open cut mine area but is not within the Zoning Jurisdiction of Yellowstone County. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff recommends conditional approval and adoption of the findings of the 3 review criteria for Special Review 330.

OWNER: Limpp Family, LLC
AGENT: MGL Consultants, Mark Carlstrom & First Mark Construction (fka CMG Construction)
LEGAL DESCRIPTION: on a fraction in the NE ¼ and on a fraction of Lots 1 & 2 in Section 34, Township 1 South, Range 25 East
ADDRESS: 3760 Wise Lane
CURRENT ZONING: A-1 and un-zoned
EXISTING LAND USE: Warehouse, Irrigated agricultural land, and grazing land
PROPOSED USE: Gravel mine - warehouse will remain
SIZE OF PARCEL: 59.21 acres - total mined area of 116.8 acres

Application to Montana Department of Environmental Quality (DEQ) for an Open Cut Mine.

SUBJECT PROPERTY	Special Review	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
Limpp Family Wise Lane & Story Road	SR 253	July 9, 1999	Commercial Recreation	Yes	conditions
SURROUNDING PROPERTY	Special Review	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
7980 S Frontage	SR 236	Jan 16, 1997	Manufacture Log Homes	yes
5200 Neibauer Rd	SR 249	July 28, 1998	Gravel Mine	yes	conditions
7200 Jellison Rd	SR 171 SR 176	Nov 13, 1987 Aug 12, 1988	Skeet Shooting and Archery Range	Denied Denied
3530 Coulson Rd	SR 325	Aug 12, 2012	Gravel Mine	Yes	conditions

NORTH:	Zoning: A-1 Land Use: Agricultural Land
SOUTH:	Zoning: A-1 and un-zoned Land Use: Agricultural land
EAST:	Zoning: A-1 Land Use: Agricultural land
WEST:	Zoning: Un-zoned Land Use: Commercial Recreation (dirt race track)

This is a special review request to open and operate a gravel mine generally located at 3760 Wise Lane, at the intersection of Wise Lane and Story Road. The gravel mine will consist of 4 areas to be mined but will not include the active agricultural operations or the flood plain riparian areas along the Yellowstone River. Only Area A as shown on the submitted site plan is within Yellowstone County's jurisdictional zoning area. All of the surrounding zoned areas are designated for agricultural uses (A-1). The County zoning regulations allow gravel extraction in all agricultural and residential zone districts by special review approval.

Special Review applications are reviewed using County zoning code criteria referenced in this report. Special Reviews do not require a resolution for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the County prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

This area of West Billings was identified in the 2001 West Billings Plan as an area with rich gravel resources. There have been few gravel mines south of the interstate and west of Billings. Many have been located north of the interstate. In each case, it is the intent of a special review application to consider and place conditions on these applications to minimize any adverse impacts to surrounding property and county assets. This location is over 1 mile from an arterial street - South Frontage Road. Wise Lane and Story Road are designated as principal arterial streets, but neither is built to even a minimum arterial street standard. Both are two-lane older county paved sections with no shoulders and open drainage ditches. The lane width on Wise Lane and Story Road is approximately 9 to 10 feet resulting in an 18 to 20 foot wide road section. It is likely any gravel hauling trucks will need to take more than 1-lane to travel to and from the gravel operation. The gravel operation will not include an asphalt plant or concrete batching plant. The proposed gravel operation includes visual and sound attenuation barriers along the east, north and west property lines of the entire 116.8 acre site. The mine site will not encroach on the riparian area along the Yellowstone River to the south.

Traffic counts on Wise Lane measure between 800 and 1,000 vehicle trips per day. No traffic counts have been collected from Story Road. The intersection of Wise Lane and South Frontage Road does have a higher than normal crash rate due to the lack of lighting, the geometry of the intersection and the higher speeds of traffic on South Frontage Road. South Frontage Road is posted at 55 mph.

The Planning staff reviewed the application and is recommending conditional approval based on the proposed findings of the 3 review criteria. Potential impacts to Story Road and Wise Lane as well as residents in the area are proposed to be mitigated by conditions of approval. Many of the proposed conditions apply to other gravel mine operations in Yellowstone County for the same reasons.

Special review uses must meet three primary criteria; 1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.

This application conforms to the first criteria in so far that it is within a zoning district where gravel mining can be allowed by special review approval. The application also conforms to the second and third criteria. The zoning regulations adopted by the Board of County Commissioners have designated all zoning districts as locations where gravel mines may be allowed by special review approval. The 2008 Growth Policy encourages new development that is compatible and similar in form and use. The existing gravel mine is compatible with most uses in the area and other surrounding uses if conditions are imposed to mitigate impacts. Conditions of approval can ensure the mitigation of any potential negative effects on surrounding property.

PROPOSED CONDITIONS

1. The approval shall be limited to a fraction in the NE ¼ and on a fraction of Lots 1 & 2 in Section 34, Township 1 South, Range 25 East, generally located at 3760 Wise Lane, a 59.21 acre parcel of land. Property included in the mine area but outside the zoning jurisdiction is not subject to these conditions of approval.
2. This special review approval is for establishment and operation of a gravel mine on the subject property. No other special review use is intended or implied by this approval.
3. The development of the gravel mine shall be in substantial conformance with the submitted site plan. Minor adjustments to the location of haul roads or phasing of active gravel mining within the 59.21 acre site are allowed.
4. Dust suppression shall be employed on all exposed rock, gravel, sand or topsoil.
5. A traffic impact analysis shall be submitted to and approved by County Public Works. The applicant will consult with County Public Works on the scope of the analysis. Any mitigation recommended by such analysis shall be implemented as required by County Public Works.  
6. Internal haul roads shall be graveled with dust suppression or paved.
7. The site shall be reclaimed according to the plan submitted to MT DEQ.
8. A weed control plan shall be submitted and approved by Yellowstone County Weed Control.
9. Any mining activity within 500 feet of a residence shall be limited to the hours of 7:00 am and 8:00 pm.
10. The operator of the mine shall appoint an individual to act as a contact person and complaints about failure to comply with these conditions shall be directed to that person in writing as a first step in resolving the problem. The name, address and phone number of the contact person will be provided to Yellowstone County Code Enforcement, County Public Works and the County Commissioners. Failure to respond to a complaint or to reasonably comply with the conditions of approval will allow the matter to be brought to the attention of County Code Enforcement. Failure to comply with a notice from County Code Enforcement may be resolved by filing a complaint with the County Attorney by the Code Enforcement Officer.
11. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns. 
12. Failure to comply with these conditions of approval of the special review use shall be deemed a violation of the zoning regulations. Enforcement of the regulations and conditions shall be as set forth in Section 27-1601 et seq. of the Unified Zoning Regulations.

 
**NOTE**      Approval of this Special Review does not constitute approval of a building permit, zoning compliance permit, sign permit, or fence permit. Compliance with all applicable local codes will be reviewed at the zoning compliance permit level.

The County Zoning Commission shall  make a recommendation to the Board of County Commissioners to:
 
1.   Deny the application for a special review use.
2.   Grant the application for a special review use.
3.   Conditionally grant the application for a special review use.
4.   Delay action on the application for a period not to exceed thirty (30) days.
5.   Give reasons for the recommendation.
 
Before recommending approval for a special review use, the Zoning Commission shall find that the contemplated use:
 
1.   Complies with all requirements of the County zoning regulations;
2.   Is consistent with the objectives and purposes of the County Zoning Regulations and the Growth Policy;
3.   Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
 
Further the Zoning Commission shall consider and may recommend imposing modifications or conditions concerning, but not limited to the following:
 
1.   Street and road capacity;
2.   Ingress and egress to adjoining streets;
3.   Off-street parking;
4.   Fencing, screening and landscaping;
5.   Building bulk and location;
6.   Usable open space;
7.   Signs and lighting;
8.   Noise, vibration, air pollution and similar environmental influences. 
 
The proposed use fits with the previous uses of the property and surrounding agricultural activities in the area. Residential uses may be impacted and conditions of approval are recommended to mitigate those impacts. The proposed land use complies with the following goals of the Yellowstone County and City of Billings 2008 Growth Policy:

• Goal: Predictable land use decisions that are consistent with neighborhood character and land use patterns.

Approval of this special review is consistent with neighboring properties. Limitations on mining close to residences and the requirement for dust suppression will ensure the compatibility of the use. A Traffic Impact Analysis is recommended to accurately gauge the impact of the gravel operation on Story Road and Wise Lane, designated arterial streets. Compliance with the conditions of approval will ensure compatibility with the neighborhood.

• Goal: New developments that are sensitive to and compatible with the character of existing neighborhoods.

The existing gravel mine and its expansion is consistent with the surrounding developments and consistent with the zoning.  

Staff recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 330.