Swan Lakers is a
NON PROFIT organization.  CONTRIBUTIONS
are appreciated  and will be used to provide information to the community and for legal representation, if needed, to protect  the Swan Lake ecosystem and the rural character of the area.


 Swan Lakers
P.O. Box #399
Bigfork, MT 59911
(406) 837- 4511

Contact us

Swan Lakers 
Welcome to our website.  Today is Monday June 29, 2009.

"Never doubt that a small group of thoughtful, committed citizens can change the world.
Indeed, it is the only thing that ever has." 

Membership and Contribution Information
Any Level of Support is appreciated
Printable, downloadable MEMBERSHIP /CONTRIBUTION FORM
 or email info@swanlakers.org

Have a safe and Happy Fourth of July!!

NEW    Just received this information from Lake County Planning about the flood plain delineation of Johnson Creek. Follow this link for a technical review by Montana Dept. of Natural Resources and Conservation (DNRC) of the flood plain survey submitted by the Milhous Group. Follow this link for the response by Lake County Planning to DNRC's  technical review

Lake trout found in Lindbergh Lake

Lake trout have turned up in the Swan Valley's Lindbergh Lake, presenting a new threat to the drainage's population of native bull trout.  Montana Fish, Wildlife and Parks recently conducted spring gill netting in Lindbergh Lake, catching four lake trout ranging from 16 to 19 inches long.   For more of this story, click on or type the URL below: http://www.dailyinterlake.com/articles/2009/06/24/news/local_montana/news_8754195013_03.txt

The Montana Department of Fish, Wildlife & Parks has prepared a Draft Environmental Assessment (EA), for the purpose of conducting a 3 year removal effort for Lake Trout in Swan Lake.  This effort will involve using a variety of equipment over varied time periods to remove as many Lake Trout as possible, while minimizing mortality of non-target species.

All activities by FWP that require public notice are posted on the Montana FWP site. The Draft Environmental Assessment can be viewed at the FWP web site, fwp.mt.gov under Public Notices.  The following link opens the article and the actual draft document for the Swan Lake, Lake Trout Removal project: 
http://fwp.mt.gov/publicnotices/notice_2088.aspx

The draft document is available for PUBLIC review through July 8, 2009.  We invite and encourage all those interested to direct questions and comments to:

Fisheries Biologist
490 North Meridian Rd
Kalispell, 751-4548 or email to lrosenthal@mt.gov.
 

Read here a news article in the Flathead Beacon  request for variances by the Kootenai Lodge Estates.

The Kootenai Lodge Estates had requested variances (since withdrawn) to the design standards of the Lake County Lakeshore Protection Regulations AND requested a variance from the the court "Order of Dismissal with Prejudice" between the Swan Lakers and the Kootenai Lodge Estates. The requested variances were to:  "1)  allow permanent dock pilings, which are not allowed on Swan Lake, 2)  allow the docks to not be removed from the water by December 1 on a yearly basis,  3)  allow the docks to not be anchored according to the methods required by the regulations, and 4)  allow the docks to exceed 50-feet in length when there is adequate water depth at the ends of the docks."  

->Read here for the response by Lake County Planning Department to the initial application by the Kootenai Lodge Estates and the planning department's denial to approve the variance to the commissioners.

->Read here for the response from the Kootenai Lodge Estates(KLE) to the planning department's initial denial. See here for KLE photos (large file 6.5 MB), KLE Ehibit B, Meeco letter and photo, and KLE Exhibit A.


Status of revisions to Lake County Subdivision Regulations: the Commissioners will make their decision in late January or February.  We will post date and time when received from the county.

Good News!

The Lake County Planning Board voted unanimously to pass the Lake County Subdivision Regulation Update after ten months of work.  This included all changes to subdivision regulations agreed to by Lake County under the settlement agreement signed with the Swan Lakers and Milhous Group.  This is our most far reaching victory to date!  It means among many other improvements, that Lake County shall consider density as a criteria in subdivision approval; the Commissioners would not be required to accept the number of units proposed by a developer.  The Commissioners shall also consider the impact on the natural environment including historical features and wildlife.  They would also have to consider the impact on local services during the subdivision application process.  The update includes language specifying that the threat of a lawsuit shall not be a basis to approve or deny a subdivision.

The final draft of the proposed updates to the Lake County Subdivision Regulations, as well as the current subdivision regulations, may be viewed at Lake County Planning Dept, Room 315 of the Lake County Courthouse or online under the subdivision link at http://lakecounty-mt.org/planning. Please send comments to:  Lake County Planning Department at 106 Fourth Avenue East, Polson, Montana, 59860 or by FAX 406-883-7205, or by email at  planning@lakemt.gov .


Read the news article in the Bigfork Eagle: Swan Lakers settle over Kootenai Estates

Follow this link to the final settlement between Swan Lakers, Milhous Group, and Lake County (file size is 3.4 MB)

For the Fishermen: Here is an interesting article in the Daily Interlake about Lake trout in Swan Lake (a lot of 'lakes' in that sentence!): Net loss-- Lake trout fished out of Swan Lake to aid native species
And look at the slideshow, too:
Swan Lake trout project 

REMEMBER that Legal Notices for proposed projects in our area are also posted in the Bigfork Eagle classified section. The same notices appear in the Lake County Leader  classified section. These notices are somewhat hidden. Please scroll down through the classified ads to the Legal Notices or click on the "Legal Notices" link under the "CLASSIFIED" heading.

The Lake County Planning Office website also posts Legal Notices for projects. Lake County Commissioners Schedule are posted before the hearing dates. 

We hope that everyone is still on the lookout for  Eurasian water milfoil A population of this species in Swan Lake or in any other water body in our area could essentially destroy the value and enjoyment of Montana's, thus far, pristine water bodies.  This plant HAS BEEN FOUND recently in Noxon Reservoir, which is not that far from here. To learn more about this invader, please visit the Montana Fish Wildlife and Parks website for information on how to identify and prevent this noxious aquatic plant. The website also provides valuable information on identification, source, and prevention and eradication of noxious weeds.

 

Earlier news include a DNRC grant to do LIDAR mapping for Flathead Lake and Swan Lake. Light Detection and Ranging (LIDAR) is a remote sensing system used to collect topographic data.  The County intends to use the information to incorporate floodplain mapping, review subdivision and zoning proposals, review septic system permitting and storm water management, and to support long range planning and zoning documents.  We sent a letter of support to the Planning Board for the Renewable Resource Grant.
 

Older Items of Interest:

Daily Interlake: New FEMA Flood Insurance and Flood Insurance Rate Maps 
A new Swan Valley ownership and conservation map is available at: www.swanvalleyconservation.org

Kootenai Lodge Condominium Project Archives - News Articles, Documents, Etc.

Bigfork Eagle" RE: Milhous Group not bad
Flathead Beacon: "Legal Saga Over Kootenai Estates Continues"
Bigfork Eagle: "Swan Lakers put freeze on condo project"

Missoula Independent: "Troubled Waters"  ... "Swan Lake Development Lost at Sea"

District Court Judge Harkin previously ruled that the Swan Lakers had no standing to proceed with the brief filed in District Court requesting a preliminary injunction of final plat approval of the Kootenai Lodge Condominium Subdivision by the Lake County Commissioners.

Brief in Support of Motion for Preliminary Injunction

 Three additional briefs were filed by the Swan Lakers previously to the above brief. The outcome is still undetermined. (Large files!)

Other News of Interest:


"Requirements for Storm Water Discharge During Construction Activity Brochure" (pdf)

Information supplied by the Yellow Bay Biological Station that can educate us all on things we can do to preserve the quality and beauty of our lakes and rivers.  The "Montana Lake Book" is an informational guide on Lake Basics, including signs and causes of degraded water quality, and what we can do to prevent the degradation of water quality, to protect viewshed and plant, fish and wildlife habitat, and the enjoyment of water resources by all.  The "Montana Lake Book" even has information on septic system maintenance and responsible construction and boating practices. Please take a few minutes to review the information, particularly if you are planning any building, ground work, fertilizing, or weed spraying near the lake or river.  Please share this information with others who live, work or play on the water. The document is in 2 sections due to the file size.

 "Montana Lake Book Section 1"  "Montana Lake Book Section 2"

It may take a while to open these files. They are just under 10 megabytes each, so please be patient. If problems are encountered opening the files, please let us know and we will find a way to get the information to you.

 

Kootenai Lodge Zoning District

The Commissioners  signed the Resolution of Intent to adopt the Kootenai Lodge Zoning District December 19, 2006.  A 30 day protest period followed and it is assumed that a final resolution was signed by the Commissioners in January. However, the final Zoning Regulation text, which would be filed upon adoption,  is still not available on the Lake County website.   Without seeing the final document, it is difficult to determine whether the following resolutions to our concerns followed through to the adopted text. These were as follows:

1)  Effective Date:  It was agreed upon that "The regulations will become effective upon final plat approval of the Historic Kootenai Lodge Condominium Subdivision/Kootenai Lodge Estates." 

2)  Barn:  At the Nov 1st meeting a consultant for the Milhous Group asked to have the language changed to include an exercise facility, rather than just the original maintenance facility. 
There was no new information submitted by the developer in support of the barn being used as an exercise facility, so it is our understanding that the Commissioners chose not to modify the language that restricts the barn to use as a maintenance facility.

3)  Non-conforming Structures  It was agreed upon to move forward with the recommendation against an additional 50% expansion at a later date.  1.  The degree of non-conformity is NOT expanded.  2.  No portion of the structure shall extend closer than the existing structure to any non-conforming setback requirement (as measured from the closest extension of the structure to the high water line of a lake, stream or a property line; and 3.  The impervious surface limits of these regulations are complied with. 

More on the Kootenai Lodge Zoning District:

The last available information we have can be viewed by following the links below.

http://www.lakecounty-mt.org/planning/KootenaiLodge.html

Last draft of the proposed Zoning District Regulations

Draft Planning Board Minutes October, 2006  on Creation of the Kootenai Lodge Zoning District

Lake County Planning Staff Report  for Commissioners  review for November 1 hearing

Results of 10-11 Planning Board Hearing: Staff Report for Kootenai Lodge Zoning District and
Staff Amendments to Draft Zoning District Regulations
Please Note: Staff recommended changes are highlighted - These sections were added or changed from the original proposal, including a provision to allow for a 50% expansion of existing structures. See Section IV-D of "Staff Amendments"

Request to Create Zoning District | Original Draft Zoning District Regulations  submitted by petitioner
(before amendments presented at October 11 Planning Board meeting)

Archived Kootenai Lodge Documents

Commissioners' Minutes 4/4 2006 | Revised Preliminary Plat Approval & Conditions of Approval

The original Conditions of Approval for the Subdivision can be reviewed at:
May 3 Conditional Letter of Approval & Findings of Fact

Historic Kootenai Lodge Condominium Proposal
Commissioners 5/3 Mitigation and Conditional Approval Hearing Transcription
pgs 1-20 | pgs 21-40 | pgs 41-60 | pgs 61-83

To learn more about  Zoning Districts please the:
 Montana Codes Annotated website.

76-2-205. Procedure for adoption of regulations and boundaries
 
76-2-202. Establishment of zoning districts - regulations
76-2-305. Alteration of zoning regulations -- protest

76-2-210. Enforcement of zoning provisions

Other important considerations RE: "Effects on the Natural Environment" :
"Requirements for Storm Water Discharge During Construction Activity Brochure" (pdf)
and the "Final Water Quality Protection Plan and TMDLs for the Swan Lake Watershed" (pdf)
(Administrative Rules of Montana (ARM) and DEQ - Relevant to the Kootenai Lodge Condominium development)

Submit comments and/or questions to:

Lake County Planning Department
106 4th Avenue East
Polson, MT 59860
Phone: 406-883-7235
Fax: 406-883-7205
Email: planning@lakemt.gov

Lake County Commissioners
106 4th Avenue East
Polson, MT 59860
Phone: 406-883-7204
Email: commissioners@lakemt.gov

SEND LETTERS TO THE EDITORS & OPINIONS TO:

Lake County Leader (Polson) editor@leaderadvertiser.com

Missoulian (Missoula) oped@missoulian.com

Bigfork Eagle (Bigfork) editor@bigforkeagle.com

Daily Interlake (Kalispell) edit@dailyinterlake.com

Email comments to the Lake County Planning Department at: planning@lakemt.gov and  the County Commissioners at: commissioners@lakemt.gov or Fax to the: Planning Department at 406-883-7205.  MAILING ADDRESS for both the Lake County Planning Office and the Lake County Commissioners is: 106 4th Ave. E., Polson, MT. 59860. If possible, the Swan Lakers would like to receive a courtesy copy of correspondence at: info@swanlakers.com

SWAN LAKERS BOARD OF DIRECTORS

Keith Laverty  - President                           mtnppl@bresnan.net
Bradley Wirth - Vice President   bswirth@centurytel.net
Peter Leander  - Sec/Treasurer        peter@leanderlaw.com
Denise Lang                             deniselang@hotmail.com

Denny Kellogg kellogg@montanasky.net
Jerry d'Aquin
consulinc@aol.com
John Snyder
swandoc@bresnan.net

HISTORIC KOOTENAI LODGE CONDOMINIUM SUBDIVISION

The "Historic Kootenai Lodge Condominium Subdivision" continues to be the main concern to most of the community. DENSITY continues to be the issue. Even with the reduced density of 42 units, this HIGH DENSITY remains out of character for surrounding development and the entire Ferndale and Swan Lake communities. It still threatens to degrade water quality, wildlife habitat, public health and safety, cultural and historical resources, and the rural character of the area.  Many community members feel that the Lake County Commissioner's approval of the Preliminary plan in early May 2005, was premature due to the insufficiency of several critical sections of the application. In addition, the proposed public sewer facility had no disposal site identified, nor did the developer yet possess any property on which to accommodate the disposal system. The PROCESS of review and approval of this development did not follow the traditional process that is normally required for other proposals. The community's TRUST in our elected officials and governing bodies has been seriously degraded, throughout the review and approval of this proposal. The approval of this development has, in effect, changed the way the regulations are interpreted and gives explicit consideration to developers.

Plans, Maps, Staff Reports, Meeting Minutes & other  Correspondence:

Response from Lake County Planning Department to the new site plan for the Kootenai Lodge Condominium Subdivision
Swan Lands Community Committee Update
Historic Kootenai Lodge Condominium Proposal
Commissioners 5/3 Mitigation and Conditional Approval Hearing Transcription
pgs 1-20 | pgs 21-40 | pgs 41-60 | pgs 61-83
May 3 Conditional Letter of Approval & Findings of Fact
More Kootenai Lodge Condominium Proposal Documents
Commissioners Mitigation Minutes from May 3
Milhous Letter
Response to Commissioners request for mitigation of 11 items
4/28 Letter from law firm representing Kootenai Lodge owners
Minutes of April 19 Commissioners Hearing
April 7 Planning Office Staff Report
April 7 Planning Office Findings of Fact
Minutes of March 9 Public Hearing
Transcription  of March 9 Public Hearing
Planning Board Comments after March 9 Public Meeting
Planning Board Recommended Findings of Fact and Conditions of Approval 4/14
Planning Staff Memo to Commissioners 4/14
Commissioners Report 4/14
Amendments to the Original Proposal
Lake County Planning Office 2/18 letter of incomplete application
Land Solutions response to Planning Office notice of incomplete application
Revised Preliminary Plat Map - page 1
Revised Road and Building Site Map - page 2
Revised Preliminary Plat Existing Buildings and Utilities - page 3
Revised Preliminary Plat Proposed Sanitary Sewer Facilities - page 4
Viewshed Buffer Plan
Original Proposed Covenants (No longer valid - We have not r been advised of  revisions)
Letter from Attorney for Milhous Group addressing historical values and restoration.
Lower Swan Lake Grizzly Bear Location and Capture Map

Swan Lake Grizzly Bear Location and Capture Map

Learn about the History and Visit
The Kootenai Lodge Beyond the Gates
 

"The Storybook Place"
Flathead Living magazine cover story Fall 2004 (PDF)

"From Copper Kings to Cradles" -Montana Living magazine
 Autumn 2000 cover story (PDF)

More Kootenai Lodge Photos


More links to important Regulations...

Lake County Planning Department
Lake County Growth Policy
Density Map and Regulations
Lake County Subdivision Regulations
Lake County Lakeshore Regulations

Montana Codes Annotated
Montana Code and Constitution

Swan Site's Zoning Regulations
 

Past Articles, & Opinions

Condo Conundrum" November 3  Kootenai Lodge suit could set Subdivision Precedent
10/26/05 Bigfork Eagle  District Judge rules in favor of Swan Lakers
Judge Harkin Ruling 10/19/05
Montana Preservation Alliance Fall Newsletter - Montana's Most Endangered Places - 2005

Lake County faces new suit over Swan Lake...
Developers have no respect for Montana...
Third lawsuit filed over Kootenai condos 6/8
Lakers bring suit against county
 

Email comments to the Lake County Planning Department at: planning@lakemt.gov and  the County Commissioners at: commissioners@lakemt.gov or Fax to the:
Planning Department at
406-883-7205.  MAILING ADDRESS for both the
Lake County Planning Office and the
Lake County Commissioners is:
106 4th Ave. E., Polson, MT. 59860
The Swan Lakers would like to receive a courtesy copy of correspondence at:
info@swanlakers.org

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