New zoning district proposed
By MIKE RICHESON
Bigfork Eagle
After working for more than six months, the Lake County Zoning Subcommittee (LCZS) presented its findings to the Bigfork Steering Committee about a proposed cross-county planning and zoning district.
The committee recommended forming a North Lake County Planning and Zoning District that would supplement existing zoning. The boundaries will not cross into Flathead County.
Paul Rana, member of the LCZS, stated that his group searched throughout Montana and Idaho for precedent concerning a cross-county zoning district in an unincorporated area. Unfortunately, there aren’t any such districts. Helena has a zoning district that crosses county lines, but it is an incorporated municipality.
Leslie Budewitz, LCZS chair, stated that a zoning district that crossed county lines in an unincorporated area like Bigfork would likely require state legislation to change the statutes for cross-jurisdictional zoning. Unincorporated areas don’t have legal authority to set up zoning districts that cross county lines.
Plus, the issues surrounding a district in two counties were legion.
“Which county attorney would handle a zoning district that crossed county lines,” Rana asked.
John Bourquin, chairman of the Bigfork Land Use Advisory Committee also questioned how district that crossed county lines would work.
“One district that reports to dual advisory boards would be a nightmare,” he said. “Approval from both sides would be difficult. Making a North Lake district only makes a lot of sense.”
The BSC motion to accept a North Lake County Planning and Zoning District passed with one dissenting vote.
“Many of us in Lake County feel like we are a part of Bigfork,” Carol Venable said. “I don’t understand that there is no precedent. Piecemealing this out and doing it quick is another thing that causes problems. I do believe that both counties can work together.”
The decision to create the new district is clear, but the details are still up in the air. Everything from official boundaries to the future advisory council to cooperation with BLUAC has yet to be finalized.
Where the southern boundary ends has been the topic of considerable discussion for the LCZS. The group is planning on holding public meetings throughout north Lake County for ideas.
The group currently has three different options for the size of the zoning district:
Option 1
This option includes Woods Bay, Swan Sites and Ferndale. The total land area is about 30 square miles. In comparison, the Bigfork District is 39 square miles.
This choice is currently the most popular among LCSZ members for a number of reasons. First, a smaller district could probably be formed much quicker than a large area - a benefit of particular interest to Woods Bay, which needs to have a planning district in place before the proposed public water and sewer system can begin.
Second, residents in these areas are more closely affiliated with Bigfork and are more familiar with the BLUAC process. The smaller district could also be more manageable.
Option 2
This option would include Swan Lake and would incorporate the existing Lower Bug Creek and East Shore Zoning Districts. The line would start at the Yellow Bay Clubhouse near mile marker 18 on Highway 35, run east to the mountains and then jog north to Bug Creek Road for an area of about 150 square miles.
Option 3
The final option includes all of the current high school district 38. This is an area of approximately 240 square miles and would run as far south as Fatty Creek Road. These boundaries would likely be better understood since people are already familiar with school district boundaries.
The last two options both cover a much larger area, which would promote standard land uses over a larger area but would make management much more difficult. Option three also includes huge tracts of state trust lands in a checkerboard pattern. State involvement could drag out the process considerably.
The LCZS will hold public meetings at later dates to determine where the southern boundary should stop and whether or not people living in areas covered by Options 2 and 3 are even interested in forming a zoning district.
Although creating a cross-jurisdictional zoning district is not possible at this time, Budewitz said that doesn’t mean the new district and the Bigfork area can’t work together.
“Bigfork is a cross-county community,” she said. “We don’t see a legal solution, but that doesn’t mean we can’t work together. We want ideas for how to facilitate this cross-county cooperation.”