The Flathead County Planning Board voted 7-2 to recommend approval for a proposed large-tract rural zoning classification, despite voiced and written opposition from the public at a July 14 hearing.
The large-tract classification is intended to protect traditional natural resource-based uses in rural areas by promoting cluster development and overall development plans to maintain open space.
Natural resource-based uses include agricultural production, rock picking, gravel excavation and timber management.
The classification is unique, but has similar characteristics to other zoning regulations in the Rocky Mountain West, according to County Planner Allison Mouch.
She stressed that the text amendment does not create any new physical zoning districts.
“We’re dealing with adding a tool to the tool box,” Mouch said.
A new district would require blocks of at least 320 acres of land that share common borders and would have a base density requirement of one residential unit per 40 acres.
According to a planning department report, density could be increased by setting off-site open space under permanent conservation easement as part of the development project. The development cap for a subdivision is an average of one residential unit per 2.5 acres, with the possibility of one unit per acre for developers with an overall development plan.
The report also states current agricultural zones offer little flexibility for landowners who may want to do something else with their property. It notes that most of the county is not zoned, outside of the cities and developing valley floor.
“While this lack of zoning allows property owners limitless options, it can also result in a lack of continuity and predictability for property owners during the development process,” the report states.
The large-tract district would provide another option for these landowners, the report states, incorporating resource-based uses while allowing greater flexibility.
However, critics of the proposed zoning regulation amendment said that some of the criteria for the large-tract classification are too broad and do not coincide with those of the county’s growth policy.
In a letter read by a Montana Fish, Wildlife and Parks representative, FWP Regional Supervisor James Satterfield praised multiple aspects of the proposed district, but also outlined several concerns with the proposed district.
One of the major concerns was the removal of “public access for hunting, fishing and other outdoor recreational uses” from the traditional-use definition.
“We strongly encourage the county to restore the reference to hunting and public access … as the uses have been occurring as long as any of the other uses mentioned,” Satterfield wrote.
Mayre Flowers, executive director for Citizens for a Better Flathead, urged the planning board to recommend denial for the classification because the document still has “loopholes” that could be taken advantage of and is not consistent with the growth policy.
Valley residents speaking against the proposed classification said they were worried it would put the interests of landowners with large acreage ahead of their own, especially when it comes to gravel excavation.
“I feel this is a proposal for the fat cats in the community and it goes against the average homeowner who lives in West Valley,” Jim Bailey said.
The proposed district received support from Plum Creek Timber and F.H. Stoltze Land and Lumber during the hearing. Representatives from the companies said the new zoning classification would be a useful tool that creates functional open space while promoting traditional resource uses.
The document has checks and balances, the timber company representatives said, and has built-in setbacks for land boundaries.
Planning board member Mike Mower said the large-tract classification would provide more flexibility for small landowners, and any proposed development within the district would still have to go through a public process.
“I would like to figure out a way to guarantee more open space available to others. I think this does that,” Mower said.
Board member Jeff Larsen said he could see the district being beneficial to large-tract landowners like Plum Creek, but it could end up being “burdensome” for smaller farms to get together and take advantage of it.
Larsen voted against the measure, along with board member Charles Lapp.
The proposed classification would be added to county zoning regulations if adopted. It will move on to the county commissioners for consideration.