Motion. Recommendation to BOCC.  County Special Review 332 – North End of Johnson Lane – Expansion of Kembel Post Gravel Mine – A special review request to allow expansion of an existing gravel extraction operation in a Heavy Industrial (HI) zone on Tracts 1, C/S 2796, a 43.3 acre parcel of land. Tax ID: D06421. Presented by Monica Plecker, Planning Division Manager
 

Staff recommends conditional approval of Special Review 332.

OWNER: JDW Industrial Park 2 LLC
AGENT: Jennifer Kondracki@weavemangement.com
LEGAL DESCRIPTION: C/S 2769 Tract 1, Section 18, T1N, R27E
ADDRESS: Johnson Lane
CURRENT ZONING: I2 Heavy Industrial
EXISTING LAND USE: Gravel Pit and Livestock Grazing
PROPOSED USE: Gravel Pit Expansion
SIZE OF PARCEL: 43.3 Acres

Not Applicable.

SURROUNDING PROPERTY	Special Review	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
Johnson Lane/Coulson Road	SR 282	2002	Gravel Pit	Y
3530 Coulson Road	SR 325	2012	Gravel Pit	Y

NORTH:	Zoning: Heavy Industrial Land Use: Gravel Pit, Agricultural
SOUTH:	Zoning: Heavy Industrial Land Use: Warehousing
EAST:	Zoning: Heavy Industrial Land Use: Vacant
WEST:	Zoning: Ag Open Land Use: Agricultural

The applicant is requesting a special review to allow the expansion of an existing gravel mine located along Johnson Lane. The applicant is JDW Industrial Park 2 LLC. This Special Review application is for consideration of a gravel pit on a 43.3 acre parcel immediately adjacent to an existing and approved (SR282) gravel pit on an 85.6 acre parcel of land. The existing mine and proposed expansion area are both zoned Heavy Industrial (I2). The proposed site is legally and physically accessed from Johnson Lane, a gravel road. The applicant states the expansion and additional mining will primarily be used to excavate material to be used in support of the construction of the new Yellowstone River highway bridge and right-of-way on adjacent property to the east of the project. The need for the project directly supports a major highway and bridge project. The applicant further states the project is adjacent to the highway right-of-way and bridge construction site so access/travel/material haul will be contained within the project boundary and will not require use of public roads. 

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) The application complies with all parts of the Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and adopted 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 a gravel pit can be allowed by special review approval. The application was submitted before the new zoning code was adopted by the Board of County Commissioners. The application is proceeding under the previous code provision. The Heavy Industrial zone district requires a special review approval for all sand and gravel mining. The application also conforms to the second criteria. The zoning regulations in place at the time of this application designated all zoning districts as locations where gravel pits may be allowed by special review approval.
 
The 2008 Growth Policy encourages new development that provide essential service to neighborhoods. The gravel pit expansion would provide essential materials for a highway and bridge project that benefits the County's transportation network. The application also meets the third criteria in that it can be made somewhat compatible with surrounding land uses in the area through conditions that mitigate the impacts to the surrounding uses. This site is in an area of Yellowstone County that is industrial and is adjacent to an already existing gravel pit. There are impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts from the site on the surrounding properties.
 

Staff is recommending conditional approval. The conditions recommended are similar to those that have been placed on previous gravel extraction operations and attempt to make this use as compatible as possible with the surrounding area and similar adjacent uses.  

Conditions of Approval:

1. Dust suppression shall be employed on all exposed rock, gravel, sand or topsoil.
2. Adequate back sloping of all cut-slopes shall be applied to prevent slope collapse.
3. This special review is only for the legally described property and only for gravel and sand extraction. No on-site generation of asphalt is allowed by this approval.
4. Internal haul roads shall be graveled and sprinkled or paved.
5. The site shall be reclaimed according to the plan submitted to the Montana Department of Environmental Quality (MT DEQ).
6. A weed control plan shall be submitted and approved by Yellowstone County Weed Control Department.
7. Any mining activity within 500 feet of a residence on adjacent property shall be limited to the hours of 7:00 am and 8:00 pm.
8. The operator of the mining operation shall appoint an individual to at 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. Failure to respond to a complaint or to reasonably comply with the complaint will allow the matter to be brought to the attention of the Planning Department. Failure to reasonably address the complaint will bring the matter before the Zoning Commission for recommendation to the Board of County Commissioners on resolving the problem. The name, address and phone number of the contact person shall be provided to the Planning Department and the County Public Works Department. 
9. The mined portion of the property shall be restricted to the area described on the MT DEQ application.
10. 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. 
11. Failure to comply with these conditions of approval of the special review use shall be deemed a violation of the zoning regulations. 

 
ZONING COMMISSION ACTION
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 approving a special review use, the Zoning Commission shall find that the contemplated use:
 
1.   Complies with all requirements of this Resolution;
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 impose 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.