Asphalt plant appeal fails on tie vote
An appeal to a decision made by the Flathead County zoning administrator to forward the county Board of Adjustment a favorable recommendation that would allow the construction of an asphalt batch plant in West Valley failed on a tie vote at a public meeting Tuesday evening.
Board of Adjustment members were split on the issue, with two members voting in favor of the appeal and two voting against it. According to Flathead County Attorney Caitlyn Overland, the recommendation forwarded by the zoning administrator will stand, because a majority vote — in this case a 3 to 1 vote — was required for the appeal to be granted.
The appeal was filed with the Flathead County Planning and Zoning Office in May by Charlene Iannucci, who is represented by Kalispell attorney Donald Murray. It was submitted about one month after Rob Koelzer of Schellinger Construction Co. submitted an application requesting a modification to the property’s conditional-use permit for its existing gravel pit located at 3427 Farm to Market Road, which is zoned “WV West Valley” and is defined as “a district to promote orderly growth and development in the West Valley area consistent with the community vision statements.”
Koezler is specifically looking to modify the condition that states “asphalt and concrete batch plants are prohibited.”
Since the appeal was denied and Zoning Administrator Mark Mussman’s favorable recommendation has been forwarded, the Board of Adjustment is now expected to vote on Koelzer’s actual application for the modification at the board’s next meeting in August.
The original conditional-use permit was granted by the Board of Adjustment in 2005, which allowed the company to perform gravel extraction — an approval that would launch years of legal battles between the gravel pit owners and West Valley residents who have long-opposed the operations. The pit operations and several requests for modifications to that permit throughout the years have been the subjects of litigation at both the Flathead County District Court and Montana Supreme Court.
At Tuesday’s meeting, members of the public highlighted their concerns over the possible addition of an asphalt plant. Individuals said a plant would greatly detract from their quality of life in West Valley by increasing noise and traffic. According to a staff report from the county, during “peak demand” traffic on Farm to Market Road would increase by approximately 75 to 100 trips per day should the asphalt plant be erected.
The public also voiced concerns related to the environment and any fires that might occur on the property in the future. One person said “it’s a disaster waiting to happen,” and said “there is no way” West Valley’s volunteer fire department would be able to handle an asphalt plant fire.
Attorney Murray also outlined several reasons the board should consider approving the appeal.
He said there was a troubling lack of information in Koezler’s application that could deem it “incomplete.” Murray said the applicant failed to mention how large the asphalt batch plant might be, how long the company plans on operating the plant and more.
“The zoning administrator accepted an application that was not complete,” Murray maintained. “He should have rejected it.”
Among other points, Murray also said the portion of the permit the applicant is looking to modify shouldn’t necessarily be treated the same as other conditions. He said the permit says operation of an asphalt and concrete batch plant “is an absolute prohibition, not a condition.”
Reporter Kianna Gardner can be reached at 758-4407 or kgardner@dailyinterlake.com