Development Projects

Project Background:

The developer of the Ram Addition Subdivision at an unaddressed parcel (geocode:04-2325-21-1-01-02-0000) in the Wye area, is requesting a plat adjustment to vacate a 20-foot drainage easement located within Lot 2 of the Ram Addition. The easement bisects the property, and limits development potential. All other subdivision protections, utility easements, and public improvements will remain intact. Any stormwater requirements for future development will be addressed through updated Certificate of Subdivision Approval review and site-specific engineering consistent with state Department of Environmental Quality and County standards.

Project Timeline:

Thursday, Jan. 29, 2 p.m.: county commissioners’ public meeting

• In-person location: Sophie Moiese Room, Missoula County Courthouse Annex, 200 West Broadway, Missoula
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 467 457 758#. To join the meeting on your device, follow the links on the agenda that will be published at http://missoula.co/bccmeetings

Public Comment:

Submit public comment by using the comment tool below.

Project Lead:

Katy Reeder, 406-258-3707

Important Links and Documents:

Ram Addition Minor Adjustment Application

Project Background:

Arrowleaf Gulch LLC and Cameron and Faith Schmitz have submitted an appeal of an administrative decision (Land Use and Zoning Compliance Permit LZ25059311) for the property located at 20843 Gilman Creek Road, west of Missoula, owned by Kee Holdings LLC. Missoula County PDS staff interpreted that the uses proposed on the permit, a disc golf course and summer camp/outdoor retreat, were in harmony with the allowed uses in the zoning district, as those uses, classified by staff as Recreation, Developed Outdoor, were found to capitalize on the natural landscape. The appealing party seeks to reclassify the uses as “Recreation, Commercial Outdoor” and “Entertainment Venues (small, medium, and large),” which are not allowed in the AGW zoning district. Under the proposed re-classification, some current uses of the property would be prohibited.

Project Timeline:

Board of Adjustment Hearing: Wednesday, Dec. 17, 6 p.m.

• In-person location: 200 W. Broadway, Missoula County Courthouse, Sophie Moiese Room
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the meeting on your device, follow the links on the agenda that will be published on the Zoning Board of Adjustment page at http://missoula.co/boameetings.

This project is not subject to review by the Board of County Commissioners.

Public Comment:

Submit public comment by using the comment tool below.

Project Lead:

Kevin Dantic, 406-258-4652

Important Links and Documents:

Gilman Creek Road Appeal Application

Gilman Creek Road Findings

Gilman Creek Road Issued Permit

Planning, Development and Sustainability

Project Background:

Josh Slotnick and Kimberly Murchinson are requesting a special exception to build a second single-family home on their 2.96-acre property at 3507 S 7th St. W. in the Orchard Homes neighborhood. The property is currently zoned Rural Residential, Small Agriculture (RRS 1), which does not permit a second single-family home under the Missoula County Zoning Regulations.

This property is currently associated with a family transfer. The proposed second home will be located on this separate lot. The property owners are pursuing a special exception at this stage because the family transfer cannot be filed until a sanitation review is finalized. Given that the sanitation review process may take several months, the property owners are seeking to initiate construction of the second home while construction equipment is on site for the installation of a new shared septic system, which is currently in the permitting stage with Missoula Public Health.

Project Timeline:

Board of Adjustment Public Hearing: Wednesday, Nov. 19, 6 p.m.

• In-person location: 200 W. Broadway, Missoula County Courthouse, Sophie Moiese Room
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the meeting on your device, follow the links on the agenda that will be published on the Zoning Board of Adjustment page at http://missoula.co/boameetings.

This project is not subject to review by the Board of County Commissioners. Josh Slotnick is a current county commissioner but is not involved in the approval process for this request.

Project Lead:

Kevin Dantic, 406-258-4652, kdantic@missoulacounty.us

Related Links & Documents:

3507 S 7th St. W Special Exception Application

3507 S 7th St. W Special Exception Proposed Conditions

Planning, Development and Sustainability

Project Background:

Sunsup LLC is requesting a special exception for a mixed-use project at 3614 Hwy 200 in East Missoula that combines multi-family residential units with small business commercial spaces.

Portions of this development will be built on the east side of Mount Jumbo, which has slopes greater than 10% and requires adherence to Missoula County’s hillside and ridgeline development standards. Part of the proposed development also occurs on slopes greater than 25% which requires special exception, along with a complete geotechnical analysis prepared by a professional engineer licensed to practice in Montana. In addition to meeting this requirement, the applicant must also demonstrate the following:

• The development will not result in accelerated erosion or create hazardous conditions on the site or nearby property. This can be demonstrated by an erosion and sediment control plan with supporting evidence.
• The applicant considered and evaluated all alternative locations for the development (including structures, buildings and retaining walls, roads, and driveways, parking areas and other infrastructure) on non-steep slopes (less than 10%) and can demonstrate these locations are either inappropriate or infeasible.
• Confirm that surface runoff will not create unstable conditions using appropriate stormwater management facilities. If such facilities do not exist, the developer must construct one.

Project Timeline:

Board of Adjustment Public Hearing: Wednesday, Dec. 17, 6 p.m.

• In-person location: 200 W. Broadway, Missoula County Courthouse, Sophie Moiese Room
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the meeting on your device, follow the links on the agenda that will be published on the Zoning Board of Adjustment page at http://missoula.co/boameetings.

This project is not subject to review by the Board of County Commissioners.

Project Lead:

Kathleen Arthur, 406-258-3429

Tim Worley, 406-258-4794

Related Links & Documents:

3614 Hwy 200 Special Exception Application

3614 Hwy 200 DRT Site Plan

Project Background:

Jagpreet Ghuman (Bobby) is requesting a sign variance for the property, Jay’s One Stop, located at 505 Highton St. in East Missoula. The property currently has a gas station, convenience store, takeout restaurant, laundromat, and a future tenant.

The request is to structurally alter an existing nonconforming pole sign to accommodate the following variances:

• A variance to expand the sign face beyond the 24 square feet
• A variance to adjust the minimum sign clearance from 8 feet down to 7.5 feet.

The proposed sign face addition and the change to the minimum sign clearance would mean the sign would no longer conform with Neighborhood Center Zoning sign regulations. The current sign standards for Neighborhood Center Zoning allow one pole sign per lot frontage with a maximum height of 12 feet, a minimum sign clearance of 8 feet, and a maximum sign face area of 24 feet.

Since the pole sign was established before the adoption of the 2022 sign regulations, it was allowed to exist even though it does not conform with the regulations, with the understanding that any changes beyond normal maintenance and upkeep would require a variance from the Missoula County Board of Adjustment.

Missoula County Sign Regulations:

What is a variance?

A variance is a relaxation of specific provisions of zoning regulations that can be granted if certain criteria can be met. The Board of Adjustment may only approve a zoning variance if it’s not contrary to the public interest and does not give an advantage to a particular business that is not also enjoyed by other businesses in the same zoning district. They must evaluate proposed variances using the following criteria and find favorably that:

1. The variance will not authorize a use that is not already allowed in the zoning district.
2. The variance will not authorize additional density beyond what is allowed in the zoning district.
3. Special conditions exist that are unique to the property, such as size, shape, topography or location, that do not apply to other lands in the same zoning classification.
4. Literal enforcement of the provisions of the regulations will result in unnecessary hardship that is not of the applicant’s own making.
5. Granting the variance will be in harmony with the general purpose and intent of these regulations and the Missoula County Growth Policy and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
6. The request for the variance is not based on monetary factors.

Project Timeline:

Board of Adjustment Public Hearing: Wednesday, Nov. 19, 6 p.m.

• In-person location: 200 W. Broadway, Missoula County Courthouse, Sophie Moiese Room
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the meeting on your device, follow the links on the agenda that will be published on the Zoning Board of Adjustment page at http://missoula.co/boameetings.

This project is not subject to review by the Board of County Commissioners.

Project Lead:

Patrick Swart, 406-258-4841, pswart@missoulacounty.us

Related Links & Documents:

505 Highton Application

Project Description

Jeffrey Stephenson is requesting to use the family transfer exemption from subdivision review to divide their 4.5-acre property at 3233 S. 7th St. W. into two tracts (Lot 33-B: 3.85 acres; Lot 33-A: .87 acre). Stephenson plans to gift Lot 33-B to their spouse Wendy Grace and keep Lot 33-A as their primary residence. Jeffrey Stephenson and Wendy Grace will eventually move into a new house on Lot 33-B, while moving their aging parents into their current home on Lot 33-A.

Subdivision Regulations and Exemptions

Missoula County’s subdivision regulations promote public health, safety and general welfare by ensuring any subdivision of land in the County’s jurisdiction provides for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress and other public requirements. Many requests to divide land must go through the subdivision process to ensure these requirements are met, but certain types of land division are exempt from subdivision review. Landowners can apply for one or multiple subdivision exemptions when their development plans meet the state and local requirements for the applicable exemptions.

Being granted these exemptions means the property owner does not need to go through the standard subdivision review process to divide their property. These requests require administrative review by planning staff and, in some cases, may require approval by the county commissioners to ensure the applicant is not evading these regulations.

• Family Transfer Exemption
  Landowners can request a family transfer exemption when they intend to divide their property to gift or sell the newly created parcel(s) to an immediate family member.

View subdivision exemption criteria.

What is a family transfer?

Montana law specifically allows landowners to divide land and gift or sell one parcel per immediate family member (like a child, parent or spouse), without full subdivision review.

Requests for family transfers must always come before the commissioners. Missoula County considers dozens of family land transfers every year. It’s not rare — other counties across Montana regularly process these applications too. It’s not a loophole — it’s in the law for a reason: to help families live near each other or pass down land. It’s does not skirt regulations — the process requires surveys, documentation, fees and approval by county commissioners.

The landowner and recipient must be real people, not LLCs or corporations. It can only be used once per family member per county.

Project Timeline

County commissioners hearing: Thursday, Nov. 6, 2 p.m.

• In-person location: Sophie Moiese Room, Missoula County Courthouse Annex, 200 West Broadway, Missoula
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 467 457 758#. To join the meeting on your device, follow the links on the agenda that will be published at http://missoula.co/bccmeetings

Public Comment

Submit public comment by using the comment tool below.

Project Lead

Kevin Dantic, 406-258-4652, kdantic@missoulacounty.us

Important Links and Documents

Stephenson Family Transfer Application

Stephenson Existing and Proposed Conditions

Planning, Development and Sustainability webpage

Project Description:

The Missoula County Planning, Development, & Sustainability (PDS) has received Floodplain Development Permit Application #26-09 from Jason Rice for improvements to an existing structure.

The primary purpose of a Floodplain Development Permit is to promote public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain.

Project Location:

The site is located at 4285 Hwy. 93 S. in the Bitterroot River regulated flood hazard area: Section 01, Township 12 North, Range 20 West, Missoula County. See location here.

The full application is available for review online or in the PDS office at 127 E. Main St., Suite 2, in Missoula.

Please feel free to call 406-258-4657 or email floodplain@missoulacounty.us with any questions or to make an appointment to review the permit application.

Public Comment:

Submit comments by 5 p.m., Wednesday, Oct. 29, by using the comment tools below, by emailing floodplain@missoulacounty.us or mailing to Planning, Development, & Sustainability, Attn: Matt Heimel, Floodplain Administrator, 200 W. Broadway St., Missoula MT 59802.

Related Documents and Links:

Floodplain Permit Application

This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.