County OKs zoning amendment for gravel pits

The Flathead County commissioners took their best shots at resolving an ongoing dispute about gravel pits Wednesday.

Then they invited the public to have a go.

On a 2-1 vote, commissioners Gary Hall and Joe Brenneman somewhat reluctantly approved a zoning text amendment that gives the county greater flexibility in deciding where new gravel pits can be located.

They also agreed to form a committee of public and industry representatives to explore further improvements to the gravel pit regulations.

The text amendment gives the county the option of either imposing conditions or prohibiting new pits in the AG agricultural or SAG suburban agricultural zoning districts, as well as in any other zoning district that allows residential development as a permitted use.

The amendment also reaffirms that gravel pits are prohibited in the traditional R residential zones.

Commissioner Bob Watne voted against the measure.

Hall and Brenneman also expressed reservations about the proposal. However, they thought it would at least help address some of the public's legitimate concerns about these industrial operations.

"I realize it isn't perfect, but it's better than nothing," Brenneman said. "We're working towards a solution. This [amendment] is part of the transition."

Although some people have interpreted the amendment to mean that entire gravel pits can be prohibited, Chief Deputy County Attorney Jonathan Smith noted that it doesn't give the county carte blanche.

Gravel pits, concrete batch plants and asphalt plants can be prohibited only in cases where they have negative impacts that can't be mitigated through conditions, Smith said. Moreover, the amendment "only allows you to prohibit those [operations] that can't be mitigated."

In other words, applicants might get three-quarters of what they wanted, but be denied the remainder.

The question of where gravel pits can or can't be prohibited was broached last year, after JTL Group challenged the county's long-standing tradition of imposing conditions on gravel pits in nonresidential zoning districts.

When the zoning administrator, county attorney and Board of Adjustment supported JTL's claim, it led to a legislative effort to "fix" state law.

That fix opened the door to Wednesday's text amendment.

Helena attorney Michael Kakuk, representing the Montana Contractors Association, said the association "remains serious in its opposition" to the amendment.

However, he also noted that the industry is equally committed to working with the county and interested residents to craft a mutually acceptable solution to this problem.

In a letter to the commissioners, MCA Executive Director Cary Hegreberg suggested that the county pursue "resource-based" zoning, in which the valley's gravel deposits would be mapped out, so that appropriate zoning could be put in place to minimize neighborhood impacts while allowing the resource to be extracted.

Hegreberg also implied that approving the text amendment would lead to a lawsuit - something that didn't sit well with Commissioner Brenneman.

"It's a little frustrating," Brenneman said. "We didn't exactly rush into this. We've been working on it for months, during which time anyone could have proposed different language. I'd encourage people to get involved early on, rather than showing up at the last minute and telling us we're doing it wrong."

All three commissioners thought the idea of forming an advisory committee - something suggested by JTL - made sense.

After approving the text amendment, they agreed to appoint a committee to explore this issue in greater detail, look at where the gravel is located and make recommendations for improved regulations.

The committee is expected to include representatives from the Planning Office, the local agricultural community, timberland owners, real estate agents, businesses, contractors and homeowners.

Commissioner Hall asked Brett Fisher with Schellinger Construction to work with the county Planning Office on identifying potential candidates for the committee.

Once the committee is formed, its meetings also are expected to be open to the public, with time set aside for public comment.

Anyone who wants to serve on the committee is asked to submit a letter of interest - including name, address, daytime phone number and qualifications - to the Flathead County Planning Office, 1035 First Ave. W., Kalispell MT 59901.

The deadline is Sept. 9.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com.