What is a use variance request, and who makes the final decision?

    A use variance allows a landowner to make a request to develop land with an activity that is not allowed by the zoning. The basis for allowing a use variance in a Citizen Zoning District is the variance will not be contrary to the public interest where, owing to special conditions, literal enforcement of the zoning regulations would result in unnecessary hardship.

    The Missoula Board of County Commissioners is authorized to grant variance requests in Citizen Zoning Districts after a hearing and a recommendation by the Planning and Zoning Commission. In making their decision, the Commissioners can take into account the public benefits that would be provided if the variance were approved, as well as adverse impacts on neighbors and the public at large. The Commissioners can also consider if there are special conditions that make the site uniquely suitable for the proposed use variance. And finally, the Commissioners may determine that the landowner and/or the public will experience a hardship if the variance is not approved.

    Why is Western Materials requesting to expand this gravel pit?

    The existing pit has about 20 years of life left, and expansion to the west will add approximately 30 to 40 more years of sand and gravel resource extraction for use in construction projects in and around Lolo/Florence and the surrounding region. 

    If approved, this use variance request would allow an existing gravel pit to expand in size while maintaining current level of operation. The existing pit is bonded for 66-acres of extraction up until 2045. The new permit would add area and lengthen the permit period.

    What makes this gravel pit uniquely suited for expansion?

    This pit is unique because, unlike many other pits in the area, the resource includes concrete sand, concrete rock, and angulated rock. This means less processing is needed and all construction needs are met with this one pit.

    Located along Old Highway 93 South, this pit provides a convenient source of sand and gravel for the Lolo/Florence area. According to the applicant, adding even 30 minutes of transport to a truckload of gravel doubles the cost of the material.

    Many gravel pit operations around Western Montana start on grade and dig a hole in the ground to extract the resource. The topography of this pit allows for extraction into a hillside which means it is easier to control noise, dust and visual impacts from affecting surrounding residential areas. The application indicates that groundwater is not impacted by this operation, with the DEQ permit requiring a 10’ separation from groundwater.

    If the gravel pit weren’t to expand, in what other ways could that land be used for instead?

    ZD #40 allows a density of up one home per 5 acres, so the land proposed for expansion would allow for up to 14 homes on the 70 acres. The zoning does not require these homes to be placed on 5-acre tracts, and they would likely be clustered closer together to provide larger open areas for wildlife and views.

    If the use variance is granted and it expands, how does Western Materials plan to mitigate concerns for neighbors?

    Western Materials would like to be responsive to your concerns about impacts generated by their operation. Some concerns identified by neighbors include:

    Views. The site perimeter is lined with berms of varying heights ranging from 6’ to 30’. The plan is to construct new berms in a similar fashion to the berms around the existing operation, that is approximately 300’ from the property line and of varying heights to ensure views are preserved. These berms are seeded and controlled for weeds seasonally. 

    Dust. Western Materials will continue to hose down the site for dust control. One area resident asked if truck drivers can cover their beds to prevent flying gravel from damaging windshields.

    Noise. The most common noise complaint involves the alarm beeps of trucks backing up, and Western Materials plans to replace that safety equipment with white noise reverse alarms on trucks

    Rock Crusher. The crusher currently in operation is located in the southeastern area of the existing gravel pit, approximately 250’ from Old Highway 93. This crusher will not move from its current location. Rock crushing machines can create harmful dust and emissions and disruptive noise damaging to people and animals.

    Hours of Operation. The DEQ permit allows the current pit to operate 12 hours a day. Western Materials current hours of operation are 6 am to 4 pm. These hours are strategic to avoid conflict with Highway 93 commute traffic. Western Materials does not anticipate any change in hours of operation if the variance is approved.

    Will traffic increase if this variance is approved? What can I do if I‘m concerned about truck traffic from the pit?

    Since the expansion of the pit is intended to replace the resource that has already been mined and no increase in available material is expected, Western Materials does not anticipate an increase in truck traffic; nor do they plan to add new employees. 

    One area resident asked if more signage can be placed at pit exits cautioning truck drivers about pulling out into Old Highway 93 traffic. A resident also suggested bringing the berms lower near the entry/exit points for better sight visibility, and still others thought moving the entry/exit to McClain Creek Road would reduce impacts on neighbors, especially if the gravel road is treated for dust control.

    The Montana Department of Transportation is conducting an open house to share the status, findings and proposed initial solutions from the US 93: Missoula to Florence Corridor Study on November 29 (in person) and 30 (Zoom). The in-person meeting on November 29 will be held in the Lolo School Community Room (Farm Lane) between 5 and 7 pm.

    Who do I talk to if I don’t agree with how this place runs their gravel operation?

    If you have concerns with how Western Materials runs their gravel operations, we suggest you contact John Kappes, President of Western Materials, directly at (406)728‑1400. The Missoula County Commissioners do not have direct control over gravel operations, and if you continue to have concerns, please contact the Department of Environmental Quality.