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Gravel pit text amendment pulled from board agenda

| January 12, 2005 1:00 AM

The Daily Inter Lake

A proposed zoning text amendment that would have implemented a recent decision on gravel pits has been pulled from tonight's Flathead County Planning Board agenda.

The amendment would have removed "extractive industries" or gravel pits as a conditional use in every nonresidential zoning district in the valley. It was based on an Oct. 14 zoning decision by then-Zoning Administrator Forrest Sanderson that prohibited the county from imposing conditions on most new gravel mines or from enforcing any previous conditions placed on existing mines.

That decision was upheld upon appeal to the Flathead County Board of Adjustment in December. However, opponents still have a few more days in which to appeal the issue to District Court.

Interim Zoning Administrator and Planning Director Johna Morrison said she pulled the text amendment because it's premature.

"We're moving too quickly on a decision that I wasn't comfortable with in the first place," she said. "We need to re-evaluate this and see what happens with any appeal."

Given that the Board of Adjustment upheld Sanderson's ruling, Morrison said she can't simply reverse it. However, it might be possible to "tighten up" the county zoning regulations in a way that maintains some of the protection that was lost.

"I don't want to make a fast decision about this," she said. "I want to think it through thoroughly."

Four other items remain on tonight's planning board agenda, including:

. The resubdivision of Lot 1A of the amended plat of Ashley Creek Estates. This is a request to create two lots on 62 acres located at 1650 Smith Lake Road. Both lots would have individual water wells and septic systems.

. The amended preliminary plat for East Valley Estates, which creates 17 residential lots on 55 acres along Montford Road, between Montana 35 and Holt Stage Road. The lots would have neighborhood water and individual septic systems.

. The resubdivision of Lots 1, 2 and 3 in Goose Meadows. This would create 17 lots on 88 acres at 65 Goose Lane in the Lower Valley, near the intersection of Manning Road and Farm Road. All the lots would have individual water wells and septic systems.

. A text amendment to eliminate section 5.11.010(8) of the Flathead County Zoning Regulations. The section currently regulates the size of political signs, limits how early the signs can be put up and requires their removal within a week following the election.

However, this regulation has been deemed illegal because it regulates political speech and the county is seeking to remove it. (Kalispell has been considering a similar amendment to its sign regulations.)

The meeting takes place in the second-floor conference room of the Earl Bennett Building, beginning at 6 p.m.

Following the above agenda items, under new business, the planning board might discuss the Two Rivers growth policy amendment.

The massive proposal would allow higher-density development to take place on 1,836 acres located north of Evergreen and Kalispell. It received a favorable recommendation from the board last month, by a 4-3 vote. The Flathead County commissioners recently suggested that the board take another two months to look at the amendment, revise it if need be, and come back with a stronger, more unified recommendation.

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