Board stalls vote on gravel definition

Establishing a definition of "gravel extraction" will have to wait until Flathead County Planning Board members can further review a staff report and a rebuttal by applicant Gary Krueger.

The board also wants to hear from the West Valley Land Use Advisory Committee before making a recommendation. Krueger's request was discussed at length at the Planning Board's Oct. 14 meeting and will be back on the board's Nov. 4 agenda.

Krueger, who was given a conditional-use permit for a gravel-pit expansion in the West Valley Zoning District, asked for a text amendment to county zoning regulations that would create a definition of "gravel extraction."

Specifically, he wants asphalt and concrete plants included in the definition.

Krueger's conditional-use permit limited post-extraction processing to screening, crushing and washing gravel. The Board of Adjustment earlier this year denied his request for a permit to operate a concrete batch plant on land adjacent to the permitted gravel pit.

Krueger maintains the county needs a clear definition from commissioners because the Planning Office previously determined that gravel extraction is not synonymous with extractive industries, based on a state Supreme Court ruling in 2008.

"The proposed definition for gravel extraction is not duplicative because it only includes the extraction of sand and gravel or materials and processing," Krueger stated in his rebuttal. "The existing definition of extractive industries is a much broader use."

The Planning Office staff recommended denial of Krueger's request, noting that the requested zoning amendment doesn't comply with the West Valley Neighborhood Plan because industrial asphalt and concrete processing activities are part of the proposed definition and are not permitted uses within the West Valley plan area because they're not accessory to agriculture or normal farm operations.

During public testimony, Paul McKenzie of Stoltze Land and Lumber Co. said he favored establishing a definition of gravel extraction to provide a "level of certainty" for West Valley landowners.

State Sen. Bruce Tutvedt, another West Valley gravel operator, pointed to language in the county growth policy that says the county should find and protect its gravel resources.

"It's time for a definition," Tutvedt said.

Mark Schwager said the text amendment would be detrimental to the health of residents living near asphalt and concrete processing facilities and would adversely affect property values.

Mayre Flowers of Citizens for a Better Flathead reminded the board that once a definition is established, it would apply to the entire county.

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