Public responds to zoning proposal

| July 6, 2007 11:00 PM

By LAURA BEHENNA

Bigfork Eagle

Lake County residents living near Bigfork last week showed strong interest in the prospect of creating a planning district in the northeastern portion of the county.

About 50 people left no seat empty at a public meeting at the Ferndale Community Center June 27. Members of the Lake County Planning subcommittee of the Bigfork Steering Committee explained why planning and possibly new zoning might be smart moves in light of the rapid growth taking place around Flathead and Swan lakes.

Lake and Flathead county residents who responded to community surveys in 2005 and 2006 showed strong interest in taking a more active approach to planning for the county's future, Ferndale resident Leslie Budewitz said. Budewitz has chaired the planning subcommittee since it started in October 2006.

"I want to emphasize we are not responding to any subdivision proposal," she told the group. "We are not for or against development."

Rather, planning subcommittee members think Lake County residents deserve the opportunity to plan for future development in ways that preserve the rural character and beauty that attracted them to the area in the first place, Budewitz said. The subcommittee chose to hold public meetings to allow residents to ask questions, share ideas and express their interests and opinions about planning, she said.

Budewitz pointed out that county-wide zoning for density is already in place, but zoning for land use is not.

"We do think we should include zoning for use," she said.

Any plans or zoning regulations will be written by members of the community and the subcommittee, with guidance from the county planning department, she stressed. Lawful existing uses of property will be allowed to continue and may be "grandfathered in," she said. Existing covenants would not be affected.

Residents could decide to keep existing local zoning or could join the overall zoning district. Neighbors could even create their own individual neighborhoods within the planning district.

Budewitz proposed that a new planning district have an advisory council, similar to the Bigfork Land Use Advisory Committee, that would act as the first line of enforcement for zoning and regulation violations. Under current law, violations of existing regulations would have to be enforced through appealing to the Lake County Planning Board, which meets in Polson, the county seat. The advisory council would also make recommendations to the planning board, the county Board of Adjustments and county commissioners, Budewitz said.

The boundaries of the proposed planning district would be the Flathead-Lake County line to the north and the shore of Flathead Lake to the west. To the east, all developed roads east of Highway 83 would be included. Only the southern boundary still has to be decided. Three options are on the table:

Option one would draw the southern boundary south of Woods Bay, Ferndale and the Swan Sites. Option two would extend the boundary south through Yellow Bay and to two miles south of Swan Lake. Option three would include all of School District 38, which ends south of Fatty Creek at mile marker 59.

Several people said they preferred option two because they thought the entire Swan Lake area should be included in the planning district. Option one would include only the northern one-third of Swan Lake. Anne Moran, a planner for the state Department of Natural Resources Conservation, noted that option three area contains only five private landowners in addition to large quantities of state and federal land.

Attendees who spoke seemed to favor conserving north Lake County as it is. Janna Bennett Hubatsek of Woods Bay expressed interest in preserving the "history and charm" of the area, and in encouraging opportunities for walking and bicycling along Highway 35, a narrow road with little shoulder. She and Drew Hubatsek expressed support for a "dark skies" rule that would limit light trespass and allow residents a better view of the night sky.

Ken Sharr said he was concerned about density and property rights. He said he supported a proactive approach to planning, "but I don't want to be handcuffed." He agreed with Budewitz's comment about balancing individual property rights with those of neighbors.

"My hope is that we will have a format in place that gives a voice to private property owners," he said. "Sometimes we feel like the forgotten stepchild."

Mark Cantrell asked about what enforcement would cost. Zoning violators in Lake County may be fined up to $500 and spend up to 30 days in jail, Lake County planner Sue Shannon answered. Zoning violations are difficult to enforce, she added.

After the meeting ended, subcommittee members said they thought it had gone well.

"It was really positive," member Emily Tice said. "The environmental issue came out loud and strong. I feel like there was generally favorable response to the proposal."

Another crowd of 37 showed up at the second public meeting, held at Yellow Bay Community Center the next evening, June 29.

"It was a very different meeting from the night before," Budewitz said. As in Ferndale, East shore residents also want to maintain what they love about their area and want local control, but most who attended the Yellow Bay meeting expressed satisfaction with the zoning district they put in place in the late 80s, she said.

Sue Shannon, the Lake County planner, pointed out at the meeting that the East Shore Zoning District hadn't updated its zoning regulations as required every five years, Budewitz added.

"My feeling is that if we encourage the East Shore to update their zoning regulations and start an advisory committee, then I'll be delighted," she said. "We'll have done our job."

Future public meetings to discuss a north Lake County zoning district will be held Wednesday, July 18 at Bethany Lutheran Church in Bigfork, and Thursday, July 19 at the Swan Lake Community Center. Both meetings will begin at 7 p.m.

Budewitz invited interested people to mail written comments to her at Box 1001, Bigfork, MT 59911.

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