Article published Jul 25, 2007

County throws out zoning rewrite

By RICHARD ECKE

Tribune Staff Writer

Cascade County commissioners Tuesday threw out a rewrite of the county's zoning law, but a second revision could go before the County Planning Board as soon as Aug. 7.

That means county commissioners could act upon the new changes as quickly as Oct. 9, or even in late September at a special meeting, according to Deputy County Attorney Theresa Diekhans.

Changes to county zoning regulations are holding up industrial rezoning for a proposed coal-fired power plant, Highwood Generating Station, as well as other projects that require county zone changes.

County Commission Chairman Lance Olson said he regretted the delay.

"We do sympathize with those folks waiting in the wings," Olson said.

"It needs to be done right," he added.

Public complaints that the revised regulations were still fuzzy led to a 3-0 vote by commissioners Tuesday to kill the package for now. Diekhans recommended a no vote.

"There is still some confusion as to some of the sections," Diekhans said.

"I'd like to thank the planning staff for the work they did to get us this far," Commissioner Joe Briggs said.

Planning Director Brian Clifton said the planning staff has been working with a number of people to try to come up with acceptable language.

He said the County Planning Board is set to hold a hearing on a new draft at 9 a.m. Aug. 7 in the County Commission chambers.

Diekhans said the County Commission may hold its own public hearing on the changes Aug. 21 or 28, and a 30-day protest period would follow before a final vote is taken.

Olson said Tuesday's action proved the public's opinions "do carry weight."

Great Falls-area resident Gloria Smith urged commissioners to "think very carefully" about providing proper zoning in the county.

"You have the opportunity to make Cascade County into one of the nicest (counties) that there is," Smith said. One of the county's attributes is clean air, she added.

To clear the way for the power plant, county commissioners last year approved by a 2-1 vote industrial zoning for property owned by the Urquhart family and located eight miles east of Great Falls along the Salem Road. A lawsuit by plant opponents followed.

To settle the lawsuit, county officials agreed to rewrite their zoning regulations to conform to recent court rulings, and to make the language clearer.

Until the zoning regulations are formally changed, zone change applications cannot be acted upon by the County Commission.

In other business conducted at Tuesday's meeting, commissioners: