North shore plan denied

The Flathead County commissioners voted 2-1 to deny the North Shore Ranch subdivision application on Wednesday morning.

North Shore Ranch developers Sean Averill and Keith Simon had proposed 286 lots on 364 acres that border the waterfowl production area near Somers.

Commissioners Joe Brenneman and Gary Hall voted to deny preliminary plat approval for the project; Dale Lauman voted for the project.

"Despite Herculean efforts by the developers, there are impacts that cannot be mitigated," Brenneman said.

Brenneman said that as a matter of policy, he didn't think the county could approve a preliminary plat that had flood easements attached to the property.

PPL Montana, the operators of Kerr Dam, own easements on properties around the lake that give the company the authority to flood the land.

Hall said he voted against the project for three main reasons: wildlife concerns, flooding issues and the possible effects of a seismic event on the property.

If a flood occurred, Hall said, the county could possibly be held liable for approving the subdivision.

"That's a health, safety and welfare issue we can't ignore," he said.

Eric Mulcahy, who works for Sands Surveying, spoke on behalf of the applicants about the flood easements and flooding concerns.

"The easement is not an issue," Mulcahy said. "Even if there was a 500-year flood, our houses would still be above that. There are countless subdivisions the county has approved that are as or more susceptible to flooding than the North Shore Ranch."

Josh Smith, one of the engineers for the developers, spoke to Hall's issue with the possibility of soil liquefaction if an earthquake occurred. Liquefaction takes place when the strength of soil is reduced by shaking.

Smith said that if an earthquake did hit the area, settling of two to six inches could occur.

"I respect the amount of scientific evidence that was gathered," Hall said. "Hopefully, it's setting a precedent for future subdivisions. The effort that went into this project was phenomenal, but I can't get over the issues that have become major concerns for me."

The commissioners' chambers were packed for the meeting, and most of the people in the room seemed pleased that the county rejected the subdivision proposal.

The proposal had encountered widespread opposition during Planning Board discussions. The Planning Board had recommended approval of North Shore Ranch.

Averill said he was disappointed with the decision.

"We thought we met the letter of the law and did voluntary things that no developer has ever done in the valley," he said. "We'll have to go back to the drawing board and research our options."

Reporter Michael Richeson may be reached at 758-4459 or by e-mail at mricheson@dailyinterlake.com