County moving forward with gravel pit decision
The Flathead County Planning Office isn't wasting much time before trying to implement a recent zoning decision related to gravel pits.
In fact, it had the issue scheduled for action even before the ruling was upheld on appeal.
The decision, which reversed 11 years of past practice, prohibits the county from imposing any conditions on most new gravel mines here or from enforcing any previous conditions placed on existing mines.
The ruling was requested by JTL Group, which wants to open a new gravel pit along the east shore of the Flathead River immediately south of Montana 35. After consulting with the county attorney's office, Zoning Administrator Forrest Sanderson issued the decision on Oct. 14. It was subsequently upheld on appeal to the Board of Adjustment.
The planning office now wants to implement this ruling by amending county zoning regulations and removing "extractive industries" or gravel pits as a conditional use in every nonresidential zoning district. The Flathead County Planning Board will hold a public hearing on Jan. 12.
The deadline for placing an item on the Jan. 12 agenda was Nov. 29 - more than two weeks before the Board of Adjustment upheld Sanderson's ruling by a 2-2 vote.
If the county commissioners approve the proposed text amendment, it would bring the county zoning regulations into conformance with Sanderson's ruling and allow extractive industries in the AG-80, AG-40 and AG-20 agricultural zoning districts; the SAG-10 and SAG-5 suburban agricultural districts; the B-1, B-2, B-3, BR-2, BR-4, B-5, B-6 and B-7 business and resort business districts; the CCC-1 and CCC-2 country commercial districts; the I-1, I-1H and I-2 industrial districts; and the P public district.
If the commissioners don't approve the amendment, it's unclear what the consequences would be. That in itself would not reverse the zoning administrator's decision; only the Board of Adjustment can do that. However, it could lead to confusion regarding the proper interpretation of the local zoning regulations - particularly since Sanderson is stepping down as administrator and planning director on Jan. 3.
The planning board hearing on the proposed amendment will take place in the second floor conference room at the Earl Bennett Building in Kalispell, beginning at 6 p.m.
Sunrise Terrace Neighbors Inc., a homeowners group concerned about potential negative impacts from the new JTL pit, has until Jan. 20 to appeal the Board of Adjustment decision to District Court.
The group is also reportedly pursuing a legislative fix to this problem and other issues of concern, such as the timely reclamation of gravel pits.
Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com