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Photo by Jasmine LinabaryOn December 4, 2009, Shelley Gonzales was presented the "Community Planner Award" by Roger Millar, representing the Montana Association of Planners. The award honors outstanding efforts in planning and planning leadership. The award recognizes the four year effort to update the Bigfork Neighborhood Plan (BNP). Gonzales acted as a liasion between the Flathead County Planning Office, Bigfork Land Use Advisory Committee, Bigfork SteeringCommittee and the Bigfork Community, and played a large role in organizing and rewriting the BNP. Shelley is quick to acknowledge the efforts of the hundreds of individuals who worked diligently to complete the plan. Gonzales intends to take the plaque to the Bigfork Chamber of Commerce for display.Bigfork Land Use Advisory Committee(BLUAC) Flathead County Commissioners established the Bigfork Land Use Advisory Committee (BLUAC) in 1993 with the adoption of the Bigfork Neighborhood Zoning District. The Committee consists of six elected members and one appointed Member at Large. Elected members serve for three years, the appointed Member at large serves for one year. BLUAC acts in an advisory capacity for official Flathead County land use decision-making boards and Flathead County Commissioners concerning applications and proposals for growth and development projects within the Bigfork Zoning District of Flathead County, Montana. The Committee serves as a liaison between Bigfork citizens and the County in providing useful and beneficial information utilizing citizen input concerning issues of interest and concern to the community. BLUAC provides leadership and expertise in supporting community efforts to secure orderly growth and development within the defined land use area.
______________________________________________ Bigfork Land Use Advisory Committee John Bourquin (2011) 837-0669 Darrel Coverdell (2010) 837-2850 Shelley Gonzales,Chairman (2012) P. O. Box 2105 Bigfork, MT 59911 837-5346 chuygonz@centurytel.net Charles Gough (2010) 837-0771 Paul Guerrant, Vice-Chairman (2012) 837-2124 Al Johnson (2010) 837-3534 Gary Ridderhoff (2011) 837-0685 Sue Hanson ______________________________________________ Next regular meeting March 25, 2010 Bethany Lutheran Church 4:00 p.m. Past BLUAC Minutes are available electronically. Please contact: Sue Hanson, Secretary btrfly@montanasky.net BIGFORK LAND USE ADVISORY COMMITTEE BYLAWS
PREAMBLE:
The Bigfork Land Use Advisory Committee, hereinafter referred to as the Committee, shall be governed by the provisions of all applicable statues, local laws, ordinances, resolutions and particularly the Bigfork Area Land Use Plan (BALUP).
STATEMENT OF PURPOSE:
The Bigfork Land Use Advisory Committee (BLUAC) shall act in an advisory capacity for official Flathead County land use decision-making boards and Flathead County Commissioners concerning applications and proposals for growth and development projects within the Bigfork Zoning District of Flathead County, Montana. The Committee shall act as a liaison between Bigfork citizens and the County in providing useful and beneficial information utilizing citizen input concerning issues of interest and concern to the community, and shall provide leadership and expertise in supporting community efforts to secure orderly growth and development within the defined land use area.
JURISDICTION:
The Bigfork Land Use Advisory Committee shall have advisory jurisdiction over all those lands within the boundaries of the BALUP.
MEMBERSHIP:
The committee shall consist of 7 voting members.
Any Committee member who misses 3 consecutive regularly scheduled monthly meetings, or a total of 5 regularly scheduled monthly meetings in the fiscal year June 1 to May 31, shall vacate the position and not be eligible to re-apply for one year. (MCA 7-3-43.22).
Vacancies occurring on the Committee shall be filled within 30 days after a public notice of 30 days is given. Appointments shall be by the BLUAC. Flathead County Commissioners shall be duly notified. Appointees will serve until the next election. The elected term for replacement will expire on original 3-year term date of member replaced.
FCPZ SUPPORT:
The Flathead County Planning and Zoning office (FCPZ) shall provide technical assistance and support to the BLUAC.
QUALIFICATIONS:
Members must be registered voters within the jurisdiction of a minimum of two years. Persons meeting the qualifications, who wish to be nominated for election to the committee, shall file a nominating petition containing the signatures of 5 citizens registered to vote in Flathead County with the Flathead County Elections Department at least 75 days before the election.
LIMITED COMMITTEE MEMBERSHIPS:
No member of this Committee may serve on a Flathead County Planning & Zoning Committee or Board of Adjustment unless requested to do so as an ad hoc position requested by the Flathead County Commissioners.
TERMS AND ELECTIONS:
Six of the members shall be elected to the BLUAC for three year terms. The election shall be held on the first Tuesday after the first Monday of May of each year. Two members will be elected at each May election. Terms for elected members will begin on June 1 following each May election.
The seventh member shall be a member-at-large selected by the committee annually.
Members may be elected to successive terms. Service on the Committee shall be voluntary. There shall be no financial remuneration for services.
CODE OF ETHICS:
The holding of public office is a public trust, created by the confidence, which the electorate reposes in the integrity of public officers and appointees. BLUAC members and official appointees shall carry out his/her duties for the people of the Bigfork Zoning District.
No BLUAC member or any person acting on BLUAC’s behalf shall
Use Committee business or information in the course of his/her duties to further substantiate or benefit his/her personal economic interest;
Accept a gift of substantial value or substantial economic benefit tantamount to a gift related to the carrying out of specific business of the Committee;
Acquire an interest in any business or undertaking which he/she has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by this Committee.
Conflict of Interest
A member of the Committee shall declare any conflict of interest due to financial or personal interest in any matter before BLUAC and shall not enter into Committee debate nor vote.
OFFICERS:
1. Chairman: The Chairman shall be elected annually from within the committee by the Committee members. The Chairman will preside over all meetings but may appoint a “meeting facilitator”, call special meetings from time to time as needed, direct the work of the Committee and serve as a voting member.
2. Vice Chairman: A Vice Chairman shall be elected annually from within the Committee by the Committee members. The Vice Chairman shall act as Chairman in the Chairman’s absence and serve as a voting member.
3. Secretary: A Secretary, elected annually by the Committee, shall be responsible for keeping minutes and recording attendance. Minutes of each meeting shall be forwarded in a timely fashion to BLUAC, Flathead Planning and Zoning, and the public in “draft form” until minutes are approved at the next regular BLUAC meeting.
MEETINGS:
All meetings shall operate under Robert’s Rules of Order and shall be open to the public.
A quorum shall consist of four (4) Committee members in attendance at a duly called meeting.
The Bigfork Land Use Advisory Committee shall meet monthly at a time and place to be determined by the Committee.
Special meetings may be called by the Chairman, or any four (4) Committee members at any time provided that the Committee members and the public receive at least 48 hours notice. Public notice will be provided in 3 public places.
The BLUAC Secretary shall provide committee agendas at least five working days prior to FCPZ for posting on the FCPZ web page. DUTIES:
1. Review and give recommendations on all Bigfork area applications pending before FCPZ.
2. Solicit and encourage input from the community at large, as well as adjoining landowners, as scales of projects warrant.
3. Forward written recommendations to the FCPZ in a timely fashion on all reviewed projects.
4. When appropriate, offer amendments to the BALUP and any associated regulations, to keep them current, to improve efficiency, and to address problems.
5. Process and forward reported violations of the BALUP and associated County regulations to the proper authorities.
AMENDMENTS:
When duly noticed, these by-laws may be amended at a regular meeting by a two-thirds (2/3) vote of the Committee and approval of the County Commissioners. The pending amendment shall be included in the regular BLUAC meeting agenda.
COMMITTEES:
The Bigfork Steering Committee (BSC) shall be a standing advisory committee of BLUAC. The BSC will operate under its own board of officers and bylaws. The BSC may report to BLUAC in written or oral form. Minutes of a BSC meeting shall suffice as a formal report.
Other committees may be appointed from time to time, as required by BLUAC to conduct business as ad hoc entities.
APPLICATIONS:
Applicants should present proposals to BLUAC or a committee charged by BLUAC, at a public meeting 30 days prior to submission of their completed application to the Flathead County Planning & Zoning Office.
1. Immediately upon a FCPZ determination that the application is sufficient, a copy of the application and all pertinent information shall be forwarded to each of the BLUAC members. The packet shall note the time frame for the Committee’s response and provide a list of the names and addresses of the adjoining property owners.
2. The FCPZ shall notify all adjoining property owners within 150 feet or as local regulations require and shall note in the notice the time and place of the next Bigfork Land Use Advisory Committee meeting. In addition, FCPZ shall reference the BLUAC meeting the legal notice placed in the official county newspaper.
3. In addition to notices sent out by the FCPZ, the BLUAC may place written notice at convenient places throughout the region or within the immediate vicinity of the property in question as deemed appropriate or necessary by the BLUAC.
4. BLUAC members shall review the property in question.
5. BLUAC may hold additional neighborhood meetings to air issues and receive input.
6. Recommendations shall be forwarded in writing within five days following the BLUAC meeting to the FCPZ, and shall be included in all further reports by FCPZ to the County Commissioners or other entities.
ADOPTED: February 5, 1996 AMENDED: December 19, 2000 AMENDED: December 8, 2005 AMENDED: February 20, 2007 AMENDED: April 24, 2008 AMENDED: April 30, 2009
__________________________________________________ MINUTES January 7, 2010 Minutes of Bigfork Land Use Advisory Committee Bethany Lutheran Church DRAFT
Committee members present: John Bourquin, Gary Ridderhoff, Al Johnson, Darrel Coverdell, Chuck Gough, Paul Guerrant, Shelley Gonzales, Sue Hanson and 7 members of the public.
Chairman Gonzales called the meeting to order at 4: 10 pm. The Agenda was adopted as presented (m/sc Ridderhoff/Gough) – unanimous. Minutes of the September 24, 2009 meeting were approved with the correction to the second sentence:
ADMINISTRATOR’S REPORT: A. Sign-in Sheet: Reminder to the public of the availability of BLUAC minutes through email and BSC website bigforksteering.org/. Agendas are posted on the Flathead County Planning Office website flathead.mt.gov/ B. Application status: County status on previous pending applications: the Board of Adjustment has not met to consider the application of MB Trust c/o Mountain High Construction. C. Next meeting January 20, 2010 – No applications.
APPLICATIONS: None
OLD BUSINESS: A. Status on new Sub-Committees per Neighborhood Plan: Craig Wagner reported the Steering Committee has not met in the month of December. Next Public Forum is scheduled for January 14, 2010. B. Elections: Two terms expire in 2010, Darrel Coverdell and Charles Gough. Coverdell has decided not to seek another term on BLUAC. Charles Gough will seek re-election. Petition forms for election were issued to Charles Gough, John Righetti and Al Johnson. Forms are available at the Flathead County Election office or contact BLUAC Secretary, Sue Hanson: btrfly@montanasky.net for an electronic copy of the forms. Deadline for filing is February 18, 2010.
NEW BUSINESS: A. Peter Leander-Swan Hill Homestead Update: Leander introduced Jim Taylor. Taylor outlined the development planned for the property off Bigfork Stage Road including the Eva Gates homestead. A conservation easement has been issued to the Montana Land Reliance for 110 acres of the property. Of the remaining 120 acres to be developed, 50 acres will be put into a conservation easement with Montana Land Reliance and the remainder will include 17 lots. The property will be developed as a low impact, sustainable area with an average of 3 acres per lot, excluding roads and utility easements. The zoning is a combination of R-1, SAG 5, and SAG 10. The development will be accessed from Bigfork Stage Road and the portion of the road between the existing paving and the development will be paved. A secondary access includes a locked gate on Swan Hill Road to provide emergency access for Fire Protection. The property will be connected to Bigfork Water & Sewer. Guerrant: Have you discussed your project with property owners along Bigfork Stage Road? A. Yes, several property owners. Is there interest in paving the remainder of the road to Hwy 83 and the green boxes? A. (Leander) We received mixed messages from those property owners. Some property owners feel paving would increase speed of travel and increase usage. Guerrant: I know a property owner there and they feel dust is a problem for them, especially with increased use. Have you spoken with BW&S? A. Yes, and they will not provide a “will serve” at this time due to questions of capacity in the future. They treat each hook up on a first come-first served basis. Gonzales: Are you still communicating with the property owners on Swan Hill? A. (Mike LeBeau) I’m the former President of the Homeowners Association, and the proposal was favorably received at this point. We are definitely interested in what impact this development will have and feel like the present proposal is a sensitive development. The Road Association has some concerns. Leander: We are considering a covenant, which would prevent construction traffic from using Swan Hill Road. Gonzales: I appreciate that you have revised your proposal from the last presentation to a smaller project and thank you for bringing this to our attention. Gough: Will you do a PUD? A. Possibly. That would be determined by the Flathead County Planning Office. We have also done extensive thinning and clearing for fire protection. Coverdell: What kind of home size are you considering? A. A variety in keeping with the green approach and what fits well with the area. The area has several level bench areas that will make nice building sites.
PUBLIC COMMENT: Craig Wagner: Mary Sevier has married and is now Mary Fisher. George Smith is going to retire and his position will not be filled at this time.
Gonzales: There are no applications to consider for the regular January 28, 2010 meeting. Does the committee want to cancel the January meeting? After discussion, including that a meeting can always be called with 48 hours notice, Gough moved the committee not meet on January 28, 2010. Motion was seconded by Johnson. Motion passed unanimously.
Meeting was adjourned at 5:00 p.m.
Sue Hanson BLUAC Secretary
December 3, 2009 Minutes of Bigfork Land Use Advisory Committee Bethany Lutheran Church
Committee members present: John Bourquin, Gary Ridderhoff, Al Johnson, Darrel Coverdell, Chuck Gough, Paul Guerrant, Shelley Gonzales, and 6 members of the public.
Chairman Gonzales called the meeting to order at 4: 05 pm. The Agenda was adopted as presented (m/sc Johnson/Bourquin) – unanimous. Minutes of the October 29, 2009 meeting were approved - unanimous. (m/sc Gough/Ridderhoff).
ADMINISTRATOR’S REPORT: A. Sign-in Sheet: Reminder to the public of the availability of BLUAC minutes through email and BSC website bigforksteering.org/. Agendas are posted on the Flathead County Planning Office website flathead.mt.gov/ B. MAP Award - Shelley Gonzales – Tomorrow Dec. 4, 2009 10:00 Commissioners C. Next regular meeting, January 7, 2010 APPLICATIONS:
Peter Hoveland – Mountain High Construction, Inc. for a Zoning Variance to property within the Bigfork, R-4 (Two Family Residential) Zoning District. The applicants are requesting a variance to Section 3.12.040 (3) (B) of the Flathead County Zoning Regulations. The property is located at 122 Sunset Drive in Bigfork.
Staff: Andrew Hagemeier stated that his report was still in the early stages due to the change in the meeting dates as the December BLUAC meeting would fall on a holiday. The applicant wants to build a garage and needs a setback variance which would encroach into the sewer easement. He received a letter from the Bigfork Water and Sewer District (copy in secretary’s notebook) stating that this main was installed in the 1960s. No easement was recorded as it was believed to be in the ROW. At this point Staff pointed out the criteria set forth in County Zoning Regulations addressing setbacks and the creation of hardships to applicants. In this case the hardship was not created by the applicant. The hardship is unique to this lot because of configuration and location. Johnson: Because of other properties in the area similarly affected, this shouldn’t be a stumbling block in granting this variance. Staff: I don’t think so; this is a unique problem particular to Bigfork. The variance will not adversely affect neighboring properties. Bigfork Water and Sewer has concerns about access to the manhole cover at the corner of the house. Perhaps the applicant and the sewer department can get together to find a solution or we may be able to come up with a condition for the variance, more research needs to be done. Granting the variance would not grant a special privilege that is denied to other similar properties. Johnson, Staff, Spencer of the BWSD: Then there ensued a lengthy conversation with regard to the problems that might arise with access to the sewer for cleanout. Applicant: Peter Hoveland said there wasn’t too much to add, other then to point out where other properties had encroached into the easement. The garage is going to be 22 ft instead of the normal 24ft length. The Applicant approached the committee with a blueprint of the proposed garage layout and a discussion ensued with regard to different layouts. No feasible conclusiom was found. Public Comment: None BLUAC: Bourquin: Is there any other way to configure this garage? Applicant: I have moved plans around and this is the best way at this time. Johnson: Asked about a feasibility study? Applicant: I can state with 99% percent accuracy, nothing could be changed without considerable expense to my client. Guerrant: Also suggested a feasibility study from Bigfork Sewer and Water on why they can’t encroach 5 ft into non existent easement. Bigfork Sewer and Water: Something like that would be setting a precedent. Applicant: I agree with Bigfork Sewer and Water. Guerrant: moved to approve the application (FZV-09-07) with the request that Bigfork Sewer and Water to outline their ability to access the manhole before the January Board of Adjustment meeting on January 7, 2010. It was seconded by Coverdell. Discussion Followed: with regard to having the request included in the main motion. It was decided to withdraw the request of Bigfork Water and Sewer. Guerrant/Coverdell withdrew the conditions. Vote on the main motion passed. A motion was made for the Bigfork Water and Sewer to report to the Board of Adjustment by December 31, 2009 on their feasibility to clean the man hole on Sunset. (m/scGonzales/Guerrant) Passed. D. Old Business: Craig Wagner from the BSC reported that Edd Blackler Chairman of the Bigfork Information Committee has place on the BSC Web Page his request for photos and pictures of buildings and places that are in sync with Bigfork style. These pictures don’t need to be in this area, they can be any where. Please go to Bigfork steering.org and you will find his plea. Drew Hubastek is still head of the Dark Sky Committee and Craig will get in touch with him since he was working out of town. E. New Business: None F. Public Comment: None Adjourn: Meeting Adjourned at 5:35 P. M. Acting Secretary, Pat Wagner
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