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West Valley gravel-pit batch plants approved

by LYNNETTE HINTZE/Daily Inter Lake
| July 9, 2010 2:00 AM

The Flathead Valley Board of Adjustment has approved a conditional-use permit that will allow Gary Krueger to operate concrete and asphalt plants at his West Valley area gravel pit.

Despite opposition from several neighbors at a Tuesday public hearing, the stage already had been set for approval of Krueger’s permit with a zoning text amendment approved by the county commissioners in April.

That amendment established a definition of gravel extraction that includes asphalt and concrete plants.

“It was all predicated on the definition that Gary authored,” Planning Director Jeff Harris said. “That changed how staff views applications.”

Krueger asked for the text amendment after the Board of Adjustment last year denied his request for a permit to operate a concrete batch plant in the West Valley Zoning District.

Krueger is a member of the Board of Adjustment, but excused himself from voting on his proposal.

The proposed height of the two plants was the major sticking point for the board.

One of the 22 conditions of approval called for a 35-foot height limit, but both batch plants will be much taller than 35 feet.

Since the proposed asphalt plant will sit at the bottom of an existing gravel pit that’s 25 feet deep, the board decided to change the wording in the permit to allow a height of 35 feet above natural surface grade for that structure. That essentially gives Krueger 60 feet for the asphalt plant.

The concrete plant would be roughly 65 feet tall, with an elevator leg reaching to 80 feet. That’s a fairly standard height for a batch plant, Krueger told the board when he asked that the 35-foot condition be removed.

The board opted to allow the concrete plant height under a county zoning law that exempts certain structures from height restrictions, such as chimneys, church spires, public monuments, fire towers and radio towers.

By deferring to that zoning regulation, Krueger won’t have to apply for a height variance.

TRAFFIC, dust, ground water and neighborhood intrusion have been long-running issues related to gravel extraction in the West Valley area.

Several neighbors wondered how the noise and emissions from the batch plants will affect their quality of life.

Krueger will be required to get an air-quality permit from the state Department of Environmental Quality, but the Planning Office staff report noted that some level of smoke and fumes will leave the property regardless of the level of permitting by the state.

Clara LaChappelle pointed out there are no compliance officers to monitor the batch plants.

“We have nobody to back up and protect the public,” she said.

LaChappelle also maintained the batch plants violate the West Valley Neighborhood Plan because they’re a commercial industry.

She disputed the report’s finding that wildlife habitat for

 sensitive species wouldn’t be affected, pointing out that bald eagles and cranes are among the wildlife species in that area.

Mark Schwager said he’s concerned about the aquifer in West Valley and wondered how the roads will fare with all gravel pits in that area in full operation.

Carol Marino likewise said she’s concerned about the impact to local roads, which she maintained weren’t built for industrial uses. She also said it’s arguable whether there’s sufficient mitigation for noise and potential pollution.

“I can hear a lot of industrial noise when the pits are running,” she said, adding that increased traffic related to the batch plants will be “insufferable.”

Some of Krueger’s relatives testified in favor of the batch plants, saying they’ll provide jobs at a time when the economy is still sluggish.

Bruce Tutvedt, who also operates a West Valley gravel pit and lives just west of Krueger, contended there’s very little noise associated with batch plants. He also said dust from agricultural land use is far worse than that from gravel operations.

Board of Adjustment member Mark Hash acknowledged that traditional land uses in West Valley have been agricultural and residential.

“Well, times are changing,” Hash said, explaining that the board has to find a way to accommodate land uses such as gravel extraction without adversely affecting the neighborhood.

Hash said Krueger and Tutvedt have “done a great job” of putting together the documentation that resulted in a definition of gravel extraction that includes batch plants.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com