Development Projects

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.

Project Description:

The Missoula County Planning, Development, & Sustainability (PDS) has received Floodplain Development Permit Application #26-02 from Tollefson Properties LLC for a new surface water diversion system in the Bitterroot River.

This permit application is the first of two phases of work. This first phase permit is for the construction of the diversion and preliminary installation of utilities. The second future phase and permit application will be for a pump structure and final utility work.

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 6225 Haugan Drive and includes work in the Bitterroot River and Miller Creek regulated flood hazard area: Parcel 2 of COS 6484, Section 15, Township 12 North, Range 20 West and Parcel 2B of COS 6562, Section 14, 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

Weland Delineation Report

Biological Assessment

Diversion Plans

Floodway Certification and Criteria Responses

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

Project description:

The Wustner Minor Subdivision is a proposal by Bees 4 Ever, LLC, represented by IMEG Corporation, to subdivide 27.16 acres at 1005 Deer Creek Road in East Missoula into four lots. The site currently supports an agricultural building used for a bee pollination business, served by an exempt well and septic system. While the property is zoned agriculture and rural residential, the applicant does not anticipate residential development due to aspects of the surrounding area such as I-90, the railroad, a shooting range and storage units.

The subdivision design proposes four rectangular lots accessed from county-maintained Deer Creek Road, with no new public infrastructure proposed. Utilities will rely on exempt wells and septic systems, subject to Missoula Public Health Department approval. Covenants will address access, maintenance and limitations on residential use.

Project timeline:

County commissioners hearing: Thursday, Nov. 13, 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(External link).

Public comment:

Submit public comment by using the comment tool below.

Project lead:

Katy Reeder, 406-258-3707, kreeder@missoulacounty.us

Related Documents & Links:

Subdivision Application

Project Description

Adam and Brittni Hertz are requesting to use the family transfer exemption from subdivision review to divide their 5.36-acre property at 10414 Royal Coachman Drive in Missoula into two tracts (Lot 2A: 4.29 acres; Lot 2B: 1.07 acres). They plan to gift their three daughters the 1.07 acre of land. When the daughters turn 18, Adam and Brittni will transfer both tracts of lands to their three daughters.

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

Board of County Commissioners hearing: Thursday, Oct. 23, 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(External link).

Public Comment

Submit public comment by using the comment tool below.

Project Lead

Katy Reeder, 406-258-3707, kreeder@missoulacounty.us

Important Links and Documents

Hertz Family Transfer Application

Maps and Affidavit

Project Description:

James and Laurie McAlister are requesting to use the family transfer exemption to divide their 3.73-acre property at 3912 S 7th St. W. into three lots. They plan to gift two of these lots to their adult children, Caleb McAlister and Jessica (McAlister) Lewis, and keep the remaining lot.

• Tract 61A (1.44 acres) to Caleb McAlister
• Tract 61B (1.44 acres) to Jessica (McAlister) Lewis
• Tract 61C (1.11 acres) to be owned by James and Laurie McAlister

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.
• Aggregation Exemption
  Landowners can request an aggregation exemption when the division or combination of parcels will not create new lots or otherwise significantly alter the development potential.

View subdivision exemption review criteria

ProjectTimeline

County Commissioners Hearing: Thursday, Oct. 23., 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 using the comment tool below.

Project Lead:

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

Related Links and Documents:

McAlister Family Transfer

Existing and Proposed Conditions

3912 S 7^th St. W - Aerial