North Shore Ranch case settles

Nearly two years after North Shore Developers sued Flathead County Commissioners when they voted 2-1 to deny their 286-lot subdivision near Somers, the two parties have reached a settlement agreement in the case.

As part of that agreement, the county will pay $1 million over three years, as well as construct the internal road network for the subdivision and two turning lanes on Montana Highway 82. Approximately $600,000 of that $1 million will be allocated to purchase a nonexclusive 150-acre easement for public use and access.

The proposed settlement will stipulate the approval of a revised subdivision preliminary plat for the North Shore Ranch that would scale down the development and increase the open space, subject to imposed conditions.

The agreement is still tentative, pending a public hearing before the commissioners 9 a.m. March 1.

Kleinhans Farms Estates LLC, including developers Sean Averill and Keith Simon of Whitefish, filed the suit after Commissioner Joe Brenneman and then-Commissioner Gary Hall voted to deny their preliminary plat application for the subdivision, saying that, as a matter of policy, they did not think commission could approve construction on land where flood easements exist. Concerns were also cited about the proximity to the Flathead Lake Waterfowl Production Area adjacent to the subdivision and seismic activity effects on the soil. Commissioner Dale Lauman voted to approve the subdivision.

The lawsuit, filed the following month, contends that the decision was not based on the law and contradicted the facts provided to the commission in the county's staff report produced by the Flathead County Planning and Zoning Office.

Averill and Simon first submitted their application in 2006, and the Flathead County Planning Board unanimously recommended denial due to concerns about proximity to the waterfowl area, impacts to Highway 82, threats to Flathead Lake and pollution. The developers pulled the application and resubmitted in August 2007 with a reduced number of homes and larger conservation easement added adjacent to the waterfowl area. The board then recommended conditional approval of the application in 2008.

The civil suit sought the reversal of the commissioners' decision to deny the application as well as damages and costs.

The settlement was drawn up after a conference in January and 18 hours of negotiation, according to court documents filed earlier this month.

If the settlement remains unchanged after the public hearing, attorneys will begin the process to end the suit with a consent decree within 48 hours. The developers will agree to dismiss the action with prejudice and without costs and will waive their rights to appeal.

In the settlement, the county also agrees not to zone the property until a decision has been issued on the final plat of the development.

The commissioners' denial of the subdivision was thought at the time to give more opportunity for conservation groups like the Flathead Land Trust to work with landowners to protect the North Shore.

Marilyn Wood, executive director of the Flathead Land Trust, had expressed her plans and hopes to discuss ideas with Averill and Simon after the decision, seeking a better "conservation solution" for the area.

Wood said last week that she hadn't reviewed all the details yet of the proposed settlement, but that her commitment remains the same.

"The Flathead Land Trust is committed to working with all North Shore landowners in a fair and equitable manner to protect these environmentally sensitive lands," Wood said in an issued statement. "While we don't have all the details yet of this recent settlement, we will continue to work with this developer and other North Shore landowners to preserve for future generations of Montanans those aspects of this area that make it a truly special place."

A copy of the settlement agreement is available on the commissioners' Web site at http://flathead.mt.gov/commissioner.