BLUAC OKs Hwy 83 zone change

A controversial zone change application for two Highway 83 properties that was denied in 2007 was back before the Bigfork Land Use Advisory Committee last Thursday evening, where it was recommended for approval by a 5-2 vote.

After being denied a change from suburban agricultural-5 to light industrial zoning in 2007 by BLUAC, the county planning board and commissioners, applicants Chuck Sneed and Mike Touris filed suit against the county claiming a number of violations, including some specifically citing BLUAC.

Then, earlier this summer, the county commissioners voted to make a last-second change to the Bigfork Neighborhood Plan's future land use map that changed the designation for the properties. That change to designate the properties "industrial" all but ensured a subsequent zone change would be approved.

So with seemingly implicit backing from the commission, BLUAC decided to back the change.

"I think we know what's going to happen with this application," BLUAC member Darrel Coverdell said.

Chuck Gough agreed, saying, "Unfortunately, I believe we're locked into this."

Flathead County planning and Zoning Officer staff member Alex Hogle recommended approval for the application based on his findings, though he suggested that a slightly more specific "Light industrial -highway" zone could be a better fit. BLUAC's final recommendation reflected such a change. That zone is similar to light industrial but requires more stringent setbacks for structures.

But Hogle did cite some concerns, including the possibility that the properties — upon which Sneed operates United Tool Rental and Touris plans to operate a plumbing company — would encourage other neighboring landowners to seek similar zone changes which would link back to the intersection of highways 83 and 35.

"If light industrial goes back to the commercial node (at the intersection) it would fit the definition of strip or sprawl," Hogle said.

BLUAC expressed concern over a number of points in the application and accompanying documentation, taking special note of a petition with 91 signatures on it in and letters in support of the zone change.

"The letters endorse commercial or business use, not industrial," BLUAC member John Bourquin said, adding that a large number of signatures were from non-Bigfork residents.

Eventually, the committee decided to add findings of fact to indicate the amount of local signatures on the petition, and another that admonished the commission for its decision to change the land use map in June.

Proposed by Al Johnson, the finding that states that the commissioners' decision was in "contravention" to public process, in violation of public notice and bypassed the required process for updating neighborhood plans. That finding was approved by a vote of 5-2.

The Flathead County Planning Board will consider the zone change application at 6 p.m. on August 12 in the Earl Bennet Building in Kalispell.