Tonight we will be 4th on the agenda at the P & Z hearing. 

The following is part of what I plan to say tonight:

This amendment would allow asphalt plants in nonconforming asphalt plants in Bonner County. 

We don't think it lawful since its spot zoning. 

The following statement is written in our Supreme Court opinion regarding the nonconforming land and it’s legal aspects of it:
 
'The County’s conclusion that legal status of the (Linscotts)Gravel pit was of no consequence in granting the Condition use permit(for Interstate Asphalt),or CUP, is belied by its statements indicating that the asphalt plant would be located in an “active, legal nonconforming gravel pit.” In addition, far from being a separate and distinct use, the application for the CUP indicated the asphalt plant “is really an accessory use to the existing mining use.” It appears from the record that one of the primary rationales for issuing the CUP was to relocate the batch plant closer to the mining operation upon which it relied. Thus, whether the CUP intensified or enlarged the use of the gravel mine is an inescapable question that the County failed to address. And, given the extensive evidence presented by CAL below, it is difficult to imagine how a fact-finder could conclude that the gravel pit is in compliance with the nonconforming use provisions of BCRC.'

Does adding an asphalt plant onto nonconforming land and adding A Batch plan shall be considered a separate, discrete use, and not the increased intensity of a grandfathered use to operate the gravel pit itself – seem contrary to that Supreme Court ruling?
The Supreme Court clearly says it’s separate use, its increased intensity should have been considered and our
Bonner County code says that nonconforming land shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district or zone.
 

One unique situation we have in Bonner County in Sagle, is the Linscott pit has been a gravel pit for over 50 years, and we also have had a temporary asphalt plant in the same location 6 times, each time for a couple of months and in 2006, for 8 months.
 
When talking about the intense nature of an asphalt plant, you can easily see the controversial discussion all over the country when attempting to add asphalt plants near residential areas, but no need to look further than our own Sagle residents, who have experienced the difference the asphalt plant makes, and those people are ready to be a witness and share their testimonial, if this ever goes beyond Bonner County.
 
Click on link to zoom meeting tonight. It starts at 5:30 but we will be last on the schedule 

https://www.bonnercountyid.gov/PZHearings