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Zoning district would stymie gravel pit

By LARRY KLINE - Independent Record - 03/26/08

Residents north of East Helena have banded together to push for a citizen-initiated zoning district, which could outlaw a proposed gravel pit in the area.

The vice president of Helena Sand & Gravel, which is waiting for a state agency to decide whether to issue a permit for its proposed 111-acre gravel operation, in a public meeting Tuesday called the zoning district illegal and poor policy.

Company VP Scott Olson said he expects the state Department of Environmental Quality to issue a permit before April 30, the earliest the zoning regulations could take effect — meaning the pit would be grandfathered in and be allowed to operate.

The proposed district covers about 1.6 square miles, generally south of Canyon Ferry Road, east of Valley Drive, north of Lewis Street and west of Lake Helena Drive. The La Casa Grande subdivision, on the east side of Valley Drive, isn’t included. Land owned by the Eastgate Water and Sewer Association east of Lake Helena Drive is included.

If the district is approved, the rules would allow residential and small-business development but outlaw all mining and industrial activities.

If commissioners agree to create the district on April 1, state law requires a 30-day protest period before the regulations can take effect. If more than 50 percent of the property owners in the district protest the regulations, the district won’t be created. That development would be unlikely — about 70 percent of property owners in the area signed a petition backing the district.

Olson said the company has worked hard to mitigate neighbors’ concerns — residents worry the operation will spew dust contaminated with lead, arsenic and cadmium into the air, compromise groundwater quality, devalue their property and keep them up with all-night operations.

He accused the district’s backers of gerrymandering the boundaries to get needed support and said the push amounts to “spot zoning” because it only excludes one use.

He also noted the company’s materials are a needed commodity in the area.

“Every person in this room needs the gravel materials that we supply,” Olson said. “We feel this is a not-in-my-backyard attitude.”

He also offered to negotiate with residents to come up with regulations that could work for everyone involved.

Residents responded by saying they don’t want any industrial operation in the area that could stir up contaminated soil. The property is part of a federal Superfund site related to the old Asarco smelter.

They also said it doesn’t make sense to include some of the surrounding areas, which include subdivisions and agricultural land.

Resident Jennifer Nye said she doesn’t see how the company can work to ease property-value concerns. Buyers won’t want to purchase homes near a gravel pit, she said.

Olson, in a public meeting in January, admitted the company could do little to address falling property values.

“The people of East Helena are concerned,” Nye said. “Just because Helena Sand & Gravel has the lawyers and the money does not mean that they get to ruin our quality of life.”

Reporter Larry Kline: 447-4075 or larry.kline@helenair.com

Current rating: 4.1 with 21 ratings.

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Reader Comments:

flowers4u wrote on Apr 8, 2008 4:49 PM:

" good because I wasnt trying to be "becoming" "

diazo wrote on Apr 8, 2008 4:07 PM:

" While it's amusing to see "purple" daring to accuse others of being snide right before blasting into the snideosphere, there's nothing funny about this situation for anybody involved. If any good comes out of this, it will be to raise awareness among other valley homeowners of the importance of having zoning in place to provide some certainty as to what they can and can't do with their property, or more precisely what their neighbors can or can't do with theirs. Relying on the honesty or the clarivoyance of realtors to warn homebuyers of potential land use conflicts is no solution; good planning and good zoning is the only way to protect everyone's interests in the long run. It might even result in sensible development patterns instead of the ugly hodgepodge we currently have sprouting across the valley floor. "

purple wrote on Apr 8, 2008 9:49 AM:

" "flowers4U" - being snide is unbecoming. You assume that no one would do something like remove the sign. It may not have been one of those property owners, but there are any number of teens of well to do families in this area whom are bored with their lives because "mommy and daddy" have given them anything and everything they "demand" and are responsible for a vast majority of the vandalism in this community. "

flowers4u wrote on Mar 31, 2008 3:08 PM:

" my bad.... I never thought of the conspiracy theory against HS&G. To have some "enterprising person(s) remove the signs. How could I have been so blind not to see that! Poor little 'ol HS&G getting picked on by property owners. It's obvious that it is not wanted by most if not all nearby property owners, why not try to accomodate a communities request where you will be making money from, instead of trying to ailinate them. Dig your pit somewhere else! "

capital_city wrote on Mar 31, 2008 2:36 PM:

" flowers4u - I went out to the area in question in search of a home to purchase about 2 months ago. The FIRST FACT that my real estate agent told me was about the proposed HS&G sites. The property seller does not have to disclose anything about something that may or may not happen. If you purchased a house in the area recently and used a a real estate agent, I'd ask her/him why they didn't tell you. Then tell us what agent/company you used so we can all avoid that person and/or their company. It would be appreciated. "

purple wrote on Mar 31, 2008 12:11 PM:

" "flowers4u" Did you ever consider the possibility that some enterprising person or persons removed the sign? Maybe one of those whom is opposed to the proposed gravel pit did it to turn public opinion against it. There are "two" gravel pit sites owned by Helena Sand and Gravel. If the property owners adjacent gravel pit are not aware of the site, it could be that the person who sold the property failed to abide by the "full disclosure" charter regarding selling property in that they neglected to inform them of the pending gravel pit. Why is it always the fault of a company?
"

flowers4u wrote on Mar 30, 2008 1:27 PM:

" Ok, as a new area resident that may be affected by this I have a question... to gardenmom in particular.... you say this has been in the works for the past 6-7 years? 1. Funny that the previouse owner of my residence didnt know anything about this 2. Funny that none of the other property owners in this area that have lived here the past 6-7 years or longer knew anything about it. 3. you say that there is a huge sign on the road proclaiming the future home of HS&G. Well a rescent drive by showed no signs at all for the location in question. All the way from Canyon Ferry Road to Eastgate Village..... NONE!!!!!!!!!!. There are however 2 signs proclaiming the new site for HS&G, on Lake Helena Drive, north of Canyon Ferry Road and before Fox Trot estates. So where exactly is the site going to be???? North of Canyon Ferry Road where the signs are, or is where the article says... North of Lewis St and South of Canyon Ferry Road? There is sure a big gap of distance from the mentioned site and where these fabulouse signs are. Looks like HS&G was trying to mislead by "mistakenly" putting the signs in the wrong place... ooops? Their bad right? My idea is they put those signs elsewhere knowing what they were doing because they knew there would be a community back lash if people knew exactly where this proposed pit was going to be. ..... GO FIGURE!!!!!!!!! "

mikese wrote on Mar 27, 2008 3:11 PM:

" I cannot believe that some people cannot comprehend a written description of property and then make comments based on their incorrect interpretation. Both of these people are describing the Foster pit. mjstef claims that he moved from the east to Montana to get away from the NIMBY attitude and that gardenmom claims to have worked for Helena Sand & Gravel and that HS&G posted signs notifying the public that it would be the new home of HS&G. This is the Foster pit and it has had a open mine permit approved for it for a long time. It is located on the northeast corner of the Canyon Ferry Road and Lake Helena Drive intersection. The contenious proposed pit is the open field (111 acres) that is south of Canyon Ferry Road, north of Lewis Street, west of Lake Helena Drive and east of Valley Drive. You might want to take a drive out there and confirm the location and you'll probably need a compass also. I don't have the NIMBY attitude but I do honestly feel that the approximate 800 residents that have lived in homes surrounding this property for over 25 years have a premptive right to continue our current life style, right to clean groundwater and unpolluted air and a healthful community environment to raise our families. We should not have to give this up so that some company can come in and step on our rights when they already have the Foster pit approved. Purple thinks that hauling a greater distance will increase the cost of the aggregate material, how much do you think the distance of several blocks between the two sites will increase the cost? "

sp7mo8 wrote on Mar 27, 2008 8:20 AM:

" East Helena and the East Valley have historically had lower property values than other areas of the Helena Valley. Between Asarco, lead contaminated soil, a high traffic highway (Hwy 12E), high traffic railroad tracks, being located in the direct path of all (or most) incoming traffic from the airport and not to mention the site of an existing aggregate pit, it sounds like the perfect place for another to me. I’m in complete support of Helena Sand & Gravel. We, the community need this site. "

mjstef wrote on Mar 26, 2008 7:32 PM:

" I guess none of these people against the gravel pit have any concrete or road gravel from Helena sand? The NIMBY attitude is the reason i left back east and now 5 years later it is alive and well here in Montana!!! As a previous poster noted this gravel pit has been in the works for 7 or 8 years!!! If you didn't want a gravel pit near you why in the heck did you buy a house that you know would be by a gravel pit in the future??? Can you say STUPID??? The point is we need aggregate here for homes as well as concrete and asphalt for roads. I guess everyone is ok with another tax increase as this is what is going to have to happen to be able to maintain our roads and sidewalks if we have to haul in material from longer distances. Yes there is another gravel pit off Lincoln road but the material there does not pass muster for some of the products needed here in Helena due to high clay content. You people better make up your mind how you want it and stop the NIMBY attitudes............ "

saber69 wrote on Mar 26, 2008 2:09 PM:

" With the fall of Home Values already plaguing homeowners the last thing they need is a Gravel Pit next door. I would bet my last dollar that those who do not have a problem with it either do not own their home or it is not in that location. I for one am willing to spend more for thier gravel and keep my home value from falling dramatically. Montana is one of the largest states in America and to say not in my backyard is irrelevant. We can work togeather as a community to find a solution that is equitable for all concerned but not the way it is. Stand strong Homeowners on this one as some things are worth fighting for. "

gardenmom wrote on Mar 26, 2008 12:59 PM:

" I would like to recall a little of the past on this new gravel pit.When the past owner of Helena Sand purchased this land some 6 or 7 years ago I worked for Helena Sand. He posted a sign letting folks know of the new home of Helena Sand and Gravel. At that time people were starting to purchase land in the area and would call and ask questions re: the new gravel pit. They all new that in the future that area would house a gravel pit and they had the choice not to build in the area. Did none of these people see the huge sign on the road or did they tell themselves that when the time came they would find a way to stop it. I think the latter was the choice of these home owners. Its funny how they are complaing about the contamination but I'd bet my last dollar they would sell that ground to other future homeowners.And if the ground had to be removed who do you think they would call to haul it off?
Go figure. "

lorenang wrote on Mar 26, 2008 12:07 PM:

" I know this, I would not want my house across the street from a gravel pit! Does Helena Sand and Gravel want to buy all of these houses? The will cause all of these people to loose valuable equity in their home by ruining the neighborhood. I agree, buyers WILL NOT want to purchase homes near a gravel pit! "

purple wrote on Mar 26, 2008 1:36 AM:

" If Helena Sand and Gravel is not permitting to mine for aggregate materials on their property, there will be an increase in the price for for those materials since they will have to hauled to the consumer a greater distance. Businesses will either have to put off property improvements because of the increased cost for paving their parking lot or they will pass along the increase to their customers. Yep, the NOT IN MY BACKYARD syndrome is alive and well. Its just like Ted Kennedy -- he wants everyone else to put up with the eyesores that wind warms are, but he has been fighting having a wind farm within eye sight of the family coastal get away. "