The Montana Supreme Court has ruled that Missoula County commissioners were within the law when they decided to enact interim zoning which blocked development of a controversial gravel pit near Lolo.
Liberty Cove Incorporated had hoped to develop land just east of Highway 93, with plans to extract gravel from the site and then convert the pit into a lake surrounded by upscale homes. But Missoula County commissioners stepped in with interim zoning after nearby residents raised concerns about the impact on public health and safety from the gravel pit, and the possibility of gravel crushing and asphalt production on the site.
The county had initially thought the operation would be subject to state environmental review. District Court had upheld the county's position and the developers appealed to the Supreme Court. But now, the high court is siding with the county.
The justices ruled the county was right in arguing there was an emergency, since county commissioners had initially thought the state would review the gravel mine before operations began. The Supreme Court also says the county gave proper notice of the zoning change, and the county's interim zoning can't be considered as spot zoning.
The land is still covered under those interim zoning rules at this point.
-Dennis Bragg Reporting from KPAX in Missoula.
(from the archives) A proposed gravel pit north of Lolo is once again being examined by members of the Missoula County Commission, with emergency zoning for the area back on the table.
Opponents of the proposed pit originally asked for the zoning measure last fall because of concerns over public health and safety.
But, commissioners determined the state was in charge of reviewing those issues for the gravel operation, and so they turned down the request.
Now, the commissioners say the state's legal authority changed, so they've asked their staff to develop an emergency zoning resolution.
A public hearing on the issue will be held on Friday, May 31st starting at 2:00 p.m. It will not be held at the Missoula County Courthouse as usual, but will be held at the Missoula City Council chambers on West Pine Street.
(from the archives) Members of the Missoula County Commission have unanimously rejected an emergency declaration for a proposed gravel pit north of Lolo.
On Wednesday afternoon dozens of Lolo residents testified before the commissioners saying that they don't want the gravel pit due to health reasons and safety concerns.
Right now that area is not zoned and during Wednesday's hearing residents asked the commissioners to enact interim zoning to halt the pit.
Commissioner Jean Curtis's says the board will continue to work with the Montana Department of Environmental Quality, the Missoula County-City Health Department and the Montana Department of Transportation to address the issues and concerns surrounding JTL's application.
She also encouraged Lolo citizens to stay involved in the process as they move forward with zoning efforts in their area.
JTL Group Incorporated is looking to dig a 30 acre gravel pit on Ken Allen's land along U.S. Highway 93 just north of Lolo.
But some members of the community say the traffic will create serious hazards, while others are angry that their property values may suffer because of the pit.
for their part, representatives of JTL are promising to be a good neighbor and say that a gravel pit in Lolo will reduce traffic because its products will go toward the U.S. Highway 93 South resurfacing project.
The DEQ will accept written comments on the proposal until this Friday by 5:00 p.m. and are expected to make a decision sometime in January.
-Melissa Rafferty Reporting for KPAX in Missoula
Missoula County Commissioners are now considering whether there is an emergency situation in Lolo regarding a proposed gravel pit. They listened to hours of public comment Wednesday afternoon, and are now trying to come up with a decision.
Dozens of Lolo residents testified before the Missoula County Commissioners. The crux of the issue is a proposed gravel pit causing an emergency for Lolo residents, and whether or not the commissioners should respond with an interim zoning decision to stop it.
JTL Group Incorporated is looking to dig a 30 acre gravel pit on Ken Allen's land along Highway 93, just north of Lolo. Some members of the community say the traffic will create serious hazards, while others are angry their property values may suffer.
But, JTL promises to be a good neighbor, and argued that a gravel pit in Lolo will reduce traffic because its products will go toward the Highway 93 resurfacing project.
Right now, the gravel pit is not zoned. The state Department of Environmental Quality has said that zoning is the only way the county can stop it.
However, there is another step before any decision will become final. If the commissioners recognize an emergency situation, they will still need to hold another public hearing before any zoning changes are made.
Members of the Missoula County Commission are slated to decide whether or not a proposed Lolo gravel pit is creating a planning "emergency" on Wednesday, and if they should declare interim zoning measures to halt the proposed project.
The area where the gravel pit would go is currently not zoned and officials with the Montana Department of Environmental Quality have said that zoning is the only way the county can stop it.
JTL Group Incorporated is looking to dig a 30 acre gravel pit on Ken Allen's land along Highway 93 just north of Lolo.
We spoke to the commissioners on Tuesday afternoon and they say that they have not yet made up their minds on the issue.
The Missoula County Commission will hold its meeting at the Missoula County Courthouse beginning at 1:30 p.m. on Wednesday.
- Melissa Rafferty reporting from KPAX in Missoula
(from December 17, 2007) Members of the Missoula County Commission tell us that they plan to decide whether a proposed gravel pit near Lolo is creating a planning "emergency", and if the county should declare interim zoning measures to stop it.
JTL Group Inc. is looking to dig a 30 acre gravel pit on Ken Allen's land which is along U.S. Highway 93 just north of Lolo.
Allen says that after the gravel is removed the pit would become a lake as the centerpiece for future housing development.
But some neighbors have been blasting the project as a source of noise and pollution, and are pressing state and county officials to stop the project.
A public hearing on the zoning issue will be held on Wednesday at 1:30 p.m. in the Missoula County Courthouse Annex.
(from December 7, 2007) Plans that call for a new gravel pit to be built outside Lolo are causing some very heated debate and on Thursday we talked with developer Ken Allen to get his side of the story.
Allen says that officials with the Department of Environmental Quality went door to door last summer to explain the plan for a gravel pit in the area and adds that he can't understand why such a vocal opposition to the development
"I believe that there is a group of people in this community and every community around that wants to stop growth at all costs."
Allen plans to add new condos, houses and a pond to land on the west side of U.S. Highway 93 just north of town, and most of the dissent comes from locals who do not want a new gravel pit.
"I hate to call it a gravel pit, because the whole motivation of this is to build a pond, similar to the Frenchtown pond."
That pond started as a gravel pit during the construction of Interstate 90. Meanwhile, the gravel pit on Allen's site would aid in the resurfacing of U.S. Highway 93 between Missoula and Lolo.
When JTL finishes removing the gravel in 10 to 20 years a pond much like Frenchtown's, only bigger, would remain. Allen did not attend a meeting to discuss the proposal this past Tuesday because he says people came to that gathering to argue, not to here the facts.
"An air quality person from Missoula County was there, as well as a member of the DEQ was there, and they both tried to reassure the people that there was no environmental problems with this. There were no health problems with this. And yet, the people come out trying to say it's going to be a toxic, cancer-causing pit."
Allen adds that another gravel pit is right across the highway does not cause the environmental or traffic problems that his opponents fear. He also says he wants people to find out for themselves what to think of the new development.
- Derek Buerkle reporting from KPAX in Missoula
(from December 6, 2007)
The JTL group wants a gravel pit outside Lolo and their plan would add a roughly 30 acre gravel pit north of town, in a project expected to last between 10 and 20 years.
But some people who live nearby are saying "not in my backyard". During an emergency meeting held on Tuesday night residents were given the opportunity to voice their opinions about the proposed pit.
One woman, Debra Odell, recounted her experience living by another Missoula gravel pit.
"I remember the children in the neighborhood would wake up at night afraid someone was breaking into their homes. The only time in my life and my daughter's life where we ever had bronchitis,. Everything is dirty, and dusty, and it's never clean. It's never clean."
State government workers said residents opposed to the pit need to make their case known to the Department of Transportation.
Meanwhile, neither developer Ken Allen or a representative from JTL sat on Tuesday's panel to answer questions from area residents.
(from December 4, 2007)
A Lolo developer wants to add a gravel pit on the side of U.S. Highway 93 just north of town and that plan that has the neighbors ready to move.
For sale signs are everywhere, but so far nobody is buying houses after hearing Developer Ken Allen's plan. He wants to build some 80 condos while also allowing the JTL company put in a 30 acre gravel pit outside Lolo.
The area residents we talked with say they now don't know what their plans are after hearing those of the developer.
Jim Hollandswoth and other homeowners are starting to run out of options when it comes to the proposed development. The area in question is not zoned and Missoula County has already received notice of the plans, while JTL is waiting for the state to approve a permit for the operation.
We also talked with Allen who says the project could be done in as few as 10 years and afterward he plans to convert the pit into a manmade lake. He says that move will eventually increase real estate values in the area. He adds that JTL has made a promise to reclaim the land as they go, in order to keep a clean profile.
But Ken says that JTL wants to keep a low profile and company officials have not returned our calls for an on-camera interview.
Meanwhile the Lolo Community Council has called for an "emergency meeting" to discuss the proposal. It will be held Tuesday evening at the Lolo Community Center.
(from December 3, 2007) Members of the Lolo Community Council have called what's being termed an "emergency meeting" to discuss a gravel pit that's being proposed just north of town.
The site is currently a hay pasture with an irrigation supply pond and there's also a rental house and out buildings on the property.
JTL Group has proposed a gravel pit on the site, complete with an asphalt plant and concrete plant, as well as other related industries on site. The entire operation would use about 36 acres.
The council's meeting will offer time for the public to comment on the gravel pit plans and will be held at the Lolo Community Center on Tuesday.
Meanwhile, the Montana Department of Environmental Quality extended the public comment period until Friday, December 7th.
- Irina Cates reporting from KPAX in Missoula
