Use Variance to Expand Gravel Operation South of Lolo

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The Missoula County commissioners voted to approve this use variance request at a special public meeting on Aug. 6, 2024.

Missoula County has received a use variance request from Western Materials for property located west of Old Highway 93 South, just south of McClain Creek Road near Lolo. The variance request is to allow the existing 80-acre gravel operation on the east (shown outlined in green) to expand into the 70-acre area shown outlined in red and yellow. The expansion will nearly double the size of the operation.

All tracts are zoned Citizen Zoning District ZD#40, a residential zoning district the Missoula County Planning and Zoning Commission adopted in 1976. The existing gravel operation pre-dates this zoning and so is permitted to continue as a legal nonconforming use. However, since the zoning does not authorize resource extraction, the applicant must request, and be granted, a use variance to expand beyond the existing 80 acres. The application cover letter describes in depth why the applicant believes the western 70 acres qualifies for a use variance.

You can find the full application here.

The Planning and Zoning Commission opened this hearing at their public meeting on Feb. 22, continued it to April 4, continued it again to May 2, and again to 9 a.m. on Thursday, June 20. You can join the meeting in the Sophie Moiese Room of the Missoula County Courthouse annex, or online via Microsoft Teams. Find the agenda and link to join online. Please note that the agenda will be published on Friday, April 26.

The Missoula County commissioners voted to approve this use variance request at a special public meeting on Aug. 6, 2024.

Missoula County has received a use variance request from Western Materials for property located west of Old Highway 93 South, just south of McClain Creek Road near Lolo. The variance request is to allow the existing 80-acre gravel operation on the east (shown outlined in green) to expand into the 70-acre area shown outlined in red and yellow. The expansion will nearly double the size of the operation.

All tracts are zoned Citizen Zoning District ZD#40, a residential zoning district the Missoula County Planning and Zoning Commission adopted in 1976. The existing gravel operation pre-dates this zoning and so is permitted to continue as a legal nonconforming use. However, since the zoning does not authorize resource extraction, the applicant must request, and be granted, a use variance to expand beyond the existing 80 acres. The application cover letter describes in depth why the applicant believes the western 70 acres qualifies for a use variance.

You can find the full application here.

The Planning and Zoning Commission opened this hearing at their public meeting on Feb. 22, continued it to April 4, continued it again to May 2, and again to 9 a.m. on Thursday, June 20. You can join the meeting in the Sophie Moiese Room of the Missoula County Courthouse annex, or online via Microsoft Teams. Find the agenda and link to join online. Please note that the agenda will be published on Friday, April 26.

Let us know your thoughts on the use variance.

Look over the application materials and let us know your thoughts on the use variance for this expanded gravel operation proposal.

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Is Missoula County trying to push a potentially illegal gravel pit operation down the throats of the neighbors of Citizen Initiated Zoning 40? We have been calling out to the Board of County Commissioners for months now that public records PROVE that this operation was started and continued to grow against the laws of our zoning and BEHIND THE BACKS of the neighbors whose lives it directly impacts.



What kind of backroom government are we running in Missoula County where the constituents are left in the dark about decisions that directly affect them? How is it possible that the unelected Planning Office employees get to decide zoning permits that clearly go against the zoning statutes? Do they have the authority to make these decisions when the law for our zoning clearly states any modification to our zoning MUST go before the Board of County Commissioners and have a public hearing? Where is the oversight of this office? Do they get to make decisions without any accountability? And the TAXPAYERS get to pay their paycheck? I demand answers to these questions. This affects our specific case, but may also affect MANY other decisions that have been made behind the backs of the citizens of this county.



What the Missoula County Planning Office has done to this neighborhood is a stain on our local government. If Missoula County lets their lust for a convenient gravel pit blind them to the HARD FACTS of the legality of the current operation, and the tragedy that its expansion will do to our community, they will be held responsible by their constituents.



Is the Board of County Commissioners going to say it's ok to keep digging on top of our aquifer that my 3 tiny children use to bathe and drink out of EVERY DAY? With the protective topsoil eliminated by Western Company’s digging - and an imminent implementation of an asphalt plant and concrete plant- all these contaminants are poised to seep down into our drinking water. Is the Board of County Commissioners going to say it's ok to spew carcinogenic fumes into the air that my children breathe when they go into their back yard to play not 1000 FEET AWAY? Missoula County is supposedly a pillar of environmental protection for the state, and yet it is willing to do this to the smallest citizens of its county? And what for? So that wealthy businessmen can line their pockets with a little better profit margin?



Gravel is UBIQUITOUS in this area. There is absolutely no reason we need to dig in people’s backyards where their children play.



At the first hearing in February, WGM, representing Western Materials, presented a completely unfounded history of this pit. With the facts that have come to light on the very troubling history of this pit, including potential ILLEGAL operation throughout the years, I am appalled that we are still discussing what the right thing to do in this situation is.



I am teaching my children civics. I am teaching them that this country was founded on laws that no person is above. We, the citizens of this county and this state, have a RIGHT to defend our zoning laws. I have a duty to show my children that the people are not going to be ignored or scared of their government that THEY ELECTED to protect their rights. Missoula County has no right to ignore the wrongs that have been committed against this neighborhood, and Missoula County has no right to continue to steamroll this harmful business in our neighborhood.

Mama Bear 5 months ago

Is Missoula County trying to push a potentially illegal gravel pit operation down the throats of the neighbors of Citizen Initiated Zoning 40? We have been calling out to the Board of County Commissioners for months now that public records PROVE that this operation was started and continued to grow against the laws of our zoning and BEHIND THE BACKS of the neighbors whose lives it directly impacts.



What kind of backroom government are we running in Missoula County where the constituents are left in the dark about decisions that directly affect them? How is it possible that the unelected Planning Office employees get to decide zoning permits that clearly go against the zoning statutes? Do they have the authority to make these decisions when the law for our zoning clearly states any modification to our zoning MUST go before the Board of County Commissioners and have a public hearing? Where is the oversight of this office? Do they get to make decisions without any accountability? And the TAXPAYERS get to pay their paycheck? I demand answers to these questions. This affects our specific case, but may also affect MANY other decisions that have been made behind the backs of the citizens of this county.



What the Missoula County Planning Office has done to this neighborhood is a stain on our local government. If Missoula County lets their lust for a convenient gravel pit blind them to the HARD FACTS of the legality of the current operation, and the tragedy that its expansion will do to our community, they will be held responsible by their constituents.



Is the Board of County Commissioners going to say it's ok to keep digging on top of our aquifer that my 3 tiny children use to bathe and drink out of EVERY DAY? With the protective topsoil eliminated by Western Company’s digging - and an imminent implementation of an asphalt plant and concrete plant- all these contaminants are poised to seep down into our drinking water. Is the Board of County Commissioners going to say it's ok to spew carcinogenic fumes into the air that my children breathe when they go into their back yard to play not 1000 FEET AWAY? Missoula County is supposedly a pillar of environmental protection for the state, and yet it is willing to do this to the smallest citizens of its county? And what for? So that wealthy businessmen can line their pockets with a little better profit margin?



Gravel is UBIQUITOUS in this area. There is absolutely no reason we need to dig in people’s backyards where their children play.



At the first hearing in February, WGM, representing Western Materials, presented a completely unfounded history of this pit. With the facts that have come to light on the very troubling history of this pit, including potential ILLEGAL operation throughout the years, I am appalled that we are still discussing what the right thing to do in this situation is.



I am teaching my children civics. I am teaching them that this country was founded on laws that no person is above. We, the citizens of this county and this state, have a RIGHT to defend our zoning laws. I have a duty to show my children that the people are not going to be ignored or scared of their government that THEY ELECTED to protect their rights. Missoula County has no right to ignore the wrongs that have been committed against this neighborhood, and Missoula County has no right to continue to steamroll this harmful business in our neighborhood.

Mama Bear 5 months ago

Is Missoula County trying to push a potentially illegal gravel pit operation down the throats of the neighbors of Citizen Initiated Zoning 40? We have been calling out to the Board of County Commissioners for months now that public records PROVE that this operation was started and continued to grow against the laws of our zoning and BEHIND THE BACKS of the neighbors whose lives it directly impacts.



What kind of backroom government are we running in Missoula County where the constituents are left in the dark about decisions that directly affect them? How is it possible that the unelected Planning Office employees get to decide zoning permits that clearly go against the zoning statutes? Do they have the authority to make these decisions when the law for our zoning clearly states any modification to our zoning MUST go before the Board of County Commissioners and have a public hearing? Where is the oversight of this office? Do they get to make decisions without any accountability? And the TAXPAYERS get to pay their paycheck? I demand answers to these questions. This affects our specific case, but may also affect MANY other decisions that have been made behind the backs of the citizens of this county.



What the Missoula County Planning Office has done to this neighborhood is a stain on our local government. If Missoula County lets their lust for a convenient gravel pit blind them to the HARD FACTS of the legality of the current operation, and the tragedy that its expansion will do to our community, they will be held responsible by their constituents.



Is the Board of County Commissioners going to say it's ok to keep digging on top of our aquifer that my 3 tiny children use to bathe and drink out of EVERY DAY? With the protective topsoil eliminated by Western Company’s digging - and an imminent implementation of an asphalt plant and concrete plant- all these contaminants are poised to seep down into our drinking water. Is the Board of County Commissioners going to say it's ok to spew carcinogenic fumes into the air that my children breathe when they go into their back yard to play not 1000 FEET AWAY? Missoula County is supposedly a pillar of environmental protection for the state, and yet it is willing to do this to the smallest citizens of its county? And what for? So that wealthy businessmen can line their pockets with a little better profit margin?



Gravel is UBIQUITOUS in this area. There is absolutely no reason we need to dig in people’s backyards where their children play.



At the first hearing in February, WGM, representing Western Materials, presented a completely unfounded history of this pit. With the facts that have come to light on the very troubling history of this pit, including potential ILLEGAL operation throughout the years, I am appalled that we are still discussing what the right thing to do in this situation is.



I am teaching my children civics. I am teaching them that this country was founded on laws that no person is above. We, the citizens of this county and this state, have a RIGHT to defend our zoning laws. I have a duty to show my children that the people are not going to be ignored or scared of their government that THEY ELECTED to protect their rights. Missoula County has no right to ignore the wrongs that have been committed against this neighborhood, and Missoula County has no right to continue to steamroll this harmful business in our neighborhood.

Mama Bear 5 months ago

How can Western claim a "hardship", which is an element for granting the use variance, when they don't even own the property yet? They can (and likley required by common law) mitigate their own "hardship" by terminating the transaction.

Donald 5 months ago

Dear Commissioners Slotnick, Strohmeier and Vero,
I write to you today to strongly encourage you to vote against the zoning variance for the Western Excavation gravel pit expansion near Carlton.
I’ve lived on Maple Lane for more than 17 years. The existing gravel pit is less than a quarter mile from my property line. I’m a retired federal public safety officer who raises sheep and goats and maintains a large garden and orchard on five acres. I moved here because this area allowed me to pursue the agricultural lifestyle beloved by so many Montanans.

Protecting that lifestyle is why I am writing to you today. This project is a bad one on numerous fronts:
• It undermines the very notion of zoning.
• It was fraudulently permitted back from the start.
• It is located in critical wildlife habitat and wetland areas.
• It will be a major disruption to this neighborhood with increased traffic, noise, dust, and night operations.

This is not a neighborhood that sprouted up around a gravel pit; quite to the contrary the pit has grown, like a cancer, into a long-established neighborhood. People came together in 1976 to protect the place they live in and care about. Zoning District 40 was “established to provide for low-density development adjacent to critical resource areas, such as aquifer recharge areas and critical wildlife habitat, such as winter game ranges, breeding and spawning areas.”

I know this firsthand. I frequently watch the resident elk herd and greatly appreciate that we live in a place where we still co-exist. It’s the narrowest part of the valley and provides critical connectivity between the Bitterroot and Sapphires ranges and beyond. It is also a grizzly bear recovery corridor. A couple summers back, two young grizzlies were captured less than half a mile from my house. FWP has been oddly silent on this issue, though given the ongoing disarray within the agency it’s not surprising.

This gravel pit has never received the governmental review it should have. Previous state and county planners and regulators essentially rubber-stamped this project for decades. The previous owner applied for a permit for a 3.5-acre gravel pit in the early 1990s and attested on his application that the area was outside the zoning district – a patently false claim. By that time, zoning had already been in place for more than a decade. The gravel pit should’ve never been approved then. Since then, it’s expanded several times based on a fraudulent initial permit.

Comments indicate that the development industry is behind this project because it claims a shortage of gravel. That’s hard to believe given that there are 46 gravel pits between Frenchtown and Hamilton with more proposed. How much is enough?

WGM and Western Excavation have proposed mitigation measures that are reactive, insufficient and not enforceable. They have utterly failed to meaningfully address the citizens’ concerns. I also have concerns today about the coziness of WGM staff (a former county planner) with current county planners and that projects brought forth might receive less scrutiny than they warrant. That has long been the problem.

As the Missoula County Commission is well-aware, zoning is foundational to planning. The commissioners need to support citizen-initiated zoning. The zoning district was established to prevent this very type of project. Either zoning matters or it doesn’t. We believe it does and expect that you, as decision-makers, do too. Please deny the variance and support citizen efforts to protect their quality of life. Thank you.

Sincerely,
Louis Hartjes

Louis Hartjes 5 months ago

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Missoula County 5 months ago

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Parinika 5 months ago

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Missoula County 5 months ago

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Missoula County 5 months ago

Why isn't the comments section accepting written comments?

Hireheaney 5 months ago

Test message. The Support Desk has been unable to determine why the comments section hasn't accepted/published comments here. As Emily Dubrowski mentioned in her email, many others have been unable to post comments.

Hireheaney 5 months ago

I am writing to express my strong support for the expansion of the gravel pit, despite its current non-conformance with zoning regulations. As a professional engineer deeply involved in community development projects, I understand the critical need for access to essential resources such as gravel, particularly in areas where such resources are scarce.

The expansion of the gravel pit holds immense potential to greatly benefit our community, especially considering the dearth of gravel resources in the vicinity. This scarcity poses significant challenges to various public infrastructure projects in Missoula County, which heavily rely on gravel for their construction and maintenance. By expanding the gravel pit, we can ensure a sustainable and readily available source of gravel, thereby facilitating the successful completion of essential infrastructure projects that are crucial for the well-being and development of our community.

While I acknowledge the concerns of those who reside close to the gravel pit and empathize with their apprehensions regarding potential disruptions, it is essential to prioritize the long-term interests of the community as a whole. As a professional entrusted with upholding engineering standards and ensuring the efficient utilization of resources, I firmly believe that the expansion of the gravel pit is a prudent and necessary step to address the pressing need for materials essential to our infrastructure development.

Failure to address the scarcity of gravel resources can have far-reaching consequences, including inflated construction costs and suboptimal utilization of taxpayer money. By proactively expanding our resource base, we can mitigate these risks and ensure the timely and cost-effective completion of vital public projects.

I urge you to consider the broader implications of the gravel pit expansion beyond its immediate zoning non-conformance. This expansion represents a crucial investment in the future sustainability and development of our community, and I am confident that with careful planning and collaboration, we can minimize any potential adverse impacts while maximizing the benefits for all stakeholders involved.

Thank you for your attention to this matter, and I remain available to provide any further information or assistance you may require.

Chris Anderson
President / CEO
DJ&A Engineering

ChrisAnderson 5 months ago

I am writing to express my strong support for the expansion of the gravel pit, despite its current non-conformance with zoning regulations. As a professional engineer deeply involved in community development projects, I understand the critical need for access to essential resources such as gravel, particularly in areas where such resources are scarce.

The expansion of the gravel pit holds immense potential to greatly benefit our community, especially considering the dearth of gravel resources in the vicinity. This scarcity poses significant challenges to various public infrastructure projects in Missoula County, which heavily rely on gravel for their construction and maintenance. By expanding the gravel pit, we can ensure a sustainable and readily available source of gravel, thereby facilitating the successful completion of essential infrastructure projects that are crucial for the well-being and development of our community.

While I acknowledge the concerns of those who reside close to the gravel pit and empathize with their apprehensions regarding potential disruptions, it is essential to prioritize the long-term interests of the community as a whole. As a professional entrusted with upholding engineering standards and ensuring the efficient utilization of resources, I firmly believe that the expansion of the gravel pit is a prudent and necessary step to address the pressing need for materials essential to our infrastructure development.

Failure to address the scarcity of gravel resources can have far-reaching consequences, including inflated construction costs and suboptimal utilization of taxpayer money. By proactively expanding our resource base, we can mitigate these risks and ensure the timely and cost-effective completion of vital public projects.

I urge you to consider the broader implications of the gravel pit expansion beyond its immediate zoning non-conformance. This expansion represents a crucial investment in the future sustainability and development of our community, and I am confident that with careful planning and collaboration, we can minimize any potential adverse impacts while maximizing the benefits for all stakeholders involved.

Thank you for your attention to this matter, and I remain available to provide any further information or assistance you may require.

Chris Anderson
President / CEO
DJ&A Engineering

ChrisAnderson 5 months ago

I am writing to express my strong support for the expansion of the gravel pit, despite its current non-conformance with zoning regulations. As a professional engineer deeply involved in community development projects, I understand the critical need for access to essential resources such as gravel, particularly in areas where such resources are scarce.

The expansion of the gravel pit holds immense potential to greatly benefit our community, especially considering the dearth of gravel resources in the vicinity. This scarcity poses significant challenges to various public infrastructure projects in Missoula County, which heavily rely on gravel for their construction and maintenance. By expanding the gravel pit, we can ensure a sustainable and readily available source of gravel, thereby facilitating the successful completion of essential infrastructure projects that are crucial for the well-being and development of our community.

While I acknowledge the concerns of those who reside close to the gravel pit and empathize with their apprehensions regarding potential disruptions, it is essential to prioritize the long-term interests of the community as a whole. As a professional entrusted with upholding engineering standards and ensuring the efficient utilization of resources, I firmly believe that the expansion of the gravel pit is a prudent and necessary step to address the pressing need for materials essential to our infrastructure development.

Failure to address the scarcity of gravel resources can have far-reaching consequences, including inflated construction costs and suboptimal utilization of taxpayer money. By proactively expanding our resource base, we can mitigate these risks and ensure the timely and cost-effective completion of vital public projects.

I urge you to consider the broader implications of the gravel pit expansion beyond its immediate zoning non-conformance. This expansion represents a crucial investment in the future sustainability and development of our community, and I am confident that with careful planning and collaboration, we can minimize any potential adverse impacts while maximizing the benefits for all stakeholders involved.

Thank you for your attention to this matter, and I remain available to provide any further information or assistance you may require.

Chris Anderson
President / CEO
DJ&A Engineering

ChrisAnderson 5 months ago

I am writing to express my strong support for the expansion of the gravel pit, despite its current non-conformance with zoning regulations. As a professional engineer deeply involved in community development projects, I understand the critical need for access to essential resources such as gravel, particularly in areas where such resources are scarce.

The expansion of the gravel pit holds immense potential to greatly benefit our community, especially considering the dearth of gravel resources in the vicinity. This scarcity poses significant challenges to various public infrastructure projects in Missoula County, which heavily rely on gravel for their construction and maintenance. By expanding the gravel pit, we can ensure a sustainable and readily available source of gravel, thereby facilitating the successful completion of essential infrastructure projects that are crucial for the well-being and development of our community.

While I acknowledge the concerns of those who reside close to the gravel pit and empathize with their apprehensions regarding potential disruptions, it is essential to prioritize the long-term interests of the community as a whole. As a professional entrusted with upholding engineering standards and ensuring the efficient utilization of resources, I firmly believe that the expansion of the gravel pit is a prudent and necessary step to address the pressing need for materials essential to our infrastructure development.

Failure to address the scarcity of gravel resources can have far-reaching consequences, including inflated construction costs and suboptimal utilization of taxpayer money. By proactively expanding our resource base, we can mitigate these risks and ensure the timely and cost-effective completion of vital public projects.

I urge you to consider the broader implications of the gravel pit expansion beyond its immediate zoning non-conformance. This expansion represents a crucial investment in the future sustainability and development of our community, and I am confident that with careful planning and collaboration, we can minimize any potential adverse impacts while maximizing the benefits for all stakeholders involved.

Thank you for your attention to this matter, and I remain available to provide any further information or assistance you may require.

Chris Anderson
President / CEO
DJ&A Engineering

ChrisAnderson 5 months ago

I take issue with the county not confirming that the location of the pit is actually located in a residentially zoned area, prior to issuing a Zoning Compliance Permit. The county dedicates time and resources to look up and confirm each person signing a petition is located within the residential zone. In my opinion, confirming a location of an entity the county is approving would be prudent.

Hireheaney 5 months ago

In my opinion, it is ironic that the county spends time and resources researching if each petition signer is located in CDZ#40. In my opinion, it appears that the county did not spend any time or resources to confirm the location of the Hendricksen Pit prior to issuing a "Zoning Compliance Permit." And here we are in this situation.

Hireheaney 5 months ago
Page last updated: 09 Aug 2024, 09:39 AM