Commission approves amendment to Special Zoning District #43 after residents raise water and gravel-pit concerns

The Lewis and Clark County Board of County Commissioners approved Resolution 2026-27 on April 28 to amend regulations for Special Zoning District #43, removing the Special Restrictions section from the district regulations while aligning the code with the updated Growth Policy.

Phil Gonzalez, Planner II, told the board staff recommended the change to allow consistency with the Growth Policy and Part-2 Zone District and said the removal of the Special Restrictions list does not automatically permit previously restricted uses. "Only permitted uses and conditional uses are allowed," Gonzalez said, and existing nonconforming uses must follow the established process to apply for expansion or change.

The amendment prompted widespread public comment: planner materials noted 16 expressions of opposition during the Planning and Zoning Commission process and numerous residents spoke at the April 28 public hearing. Jean Riley, president of the Eastgate Water Association, said she was concerned the change "will affect water and wastewater" and questioned whether the zoning aligned with the Growth Policy and Department of Environmental Quality standards. Resident Timothy Kale said he does not support removing the restriction section. Resident Jakob Miles said the change "opens the door to more confusion and headaches in the future." State Senator Mary Ann Dunwell said she "agrees with streamlining, but the list of restrictions should remain" and suggested adding data centers to the restrictions list.

Several speakers focused on Helena Sand and Gravel. Neil Campbell, a Meadowlark Road resident, said he does not support any expansion of the pit and raised concerns about company intentions; Katie Brodowy said a gravel pit does not fit the suburban definition in the updated zone and opposed expansion. Gary Peterson, a 55-year resident, listed complaints about the pit, including noise and odors, and said residents feel poorly represented; Peterson remarked that he felt the situation made him "close to Communism." Deborah Williams, an Eastgate I resident, said planned subdivisions and growth have impacted water and that residents had been "assured they would have water."

Commissioners discussed the amendment following public testimony. Commissioner Tom Rolfe said he did not believe adopting the changes would "take anything away from the public." Commissioner Andy Hunthausen said policies need to "stand the test of time" and noted that the Growth Policy was created through a public process. Commissioner Candace Payne said she was "concerned and surprised" that many residents believed removal of the wording would allow previously restricted uses and stressed that uses not listed in the allowed lists "will not be allowed."

A motion to approve Resolution 2026-27 was made by Commissioner Andy Hunthausen and seconded by Commissioner Candace Payne; the motion passed on a 3-0 vote.

The board closed the public hearing and adopted the amendment. The record shows planners will continue to evaluate individual proposals against the Growth Policy and zoning maps before approving any expansions or changes; no specific permits or approvals for Helena Sand and Gravel were granted at the meeting.