MINUTES
PLANNING BOARD

The Powell County Planning Board met in a regular session on Thursday, January 10, 2019 at 1 PM.

Members Present: Bill Pierce, John Wagner, Justin Williams, Rick Hirsch, John Beck, Randy Mannix, Earl Hall, Tracy Manley

Members Absent: John Hollenback,

Staff: Carl Hamming, Kathryn McEnery, Scott Hazelton

Public: None

President Manley called the regular meeting to order at 1:05 PM.

Agenda Item #1 – Attendance
With eight members being present, a quorum was established.

Agenda Item #2 – Approval of Agenda
The Board did not change the agenda.

Agenda Item #3 – Election of Officers
Member Pierce motioned with Member Hall seconding to re-nominate Mr. Manley as Chair of the Board and Mr. Hirsch as Vice Chair. The Board voted eight to zero to approve the motion.

Agenda Item #4 – Approval of Minutes
Member Hall motioned with Member Beck seconding to approve the November minutes. The Board voted eight to zero to approve the minutes.

Agenda Item #5 – Non-Public Hearings
None

Agenda Item #6 – Public Hearings
None
Agenda Item #7 – Continued or Tabled Business
Family Conveyance Criteria
Following the Board discussion in November, Mr. Hamming updated the proposed language for Family Conveyance regulations that the Board could recommend to the Commissioners for adoption. The Board discussed language included from Lake County that refers to mixed ownership. The Board found the language to be confusing and recommended deleting the item (#7). Mr. Hamming will check to ensure the mixed ownership language is not included and defined in Montana Code. The Board discussed the purpose of the exemption and trying to deter potential abuses. The Board discussed the possibility of including language in the affidavit that the grantee cannot market or advertise their land until after thirty-six months, but the Board decided the language would be hard to define within the legal document. Vice President Hirsch motioned to recommend formal adoption of the proposed Family Conveyance criteria, without #7 mixed ownership, and Member Wagner seconded the motion. The Board voted eight to zero to recommend adoption to the County Commissioners.

Wildfire Safety Manual – Member Hall
Member Hall gave an overview of the work being done with assistance from Headwaters Economics to develop an informational tool for landowners to read and consider when applying for a development certificate. Member Hall and Member Pierce discussed the purpose of the Manual and why Member Hall suggests having the landowner sign off on the informational packet. Member Hall described the effort to both inform the landowner as well as encourage them to take responsibility for their property. Member Hall will work with Mr. Hamming to edit confusing or technical language.

North Powell Zoning Update (CDBG Grant)
Mr. Hamming discussed the proposed timeline for public outreach and developing possible zoning updates for the northern region of Powell County. The Board discussed the funding behind the grant and hiring Great West Engineering.

Powell County Clark Fork River Operable Unit – Superfund Overlay District
Mr. Hamming updated the Board on the remediation work at Grant-Kohrs Ranch. Work is progressing despite the Federal shutdown. Mr. Hamming will have an update to the overlay district for the Board to review over the coming months.

Agenda Item #8 – Planning Board Comments
None

Agenda Item #9 – Staff Comments
a. County Attorney
County Attorney Kathryn McEnery introduced herself to the Board and gave a little background history of her work history.

b. Planning Staff
Scott Hazelton introduced himself to the Board. He will be an intern in the Planning Department for the next 16 weeks.

c. Other
None

Agenda Item #10 – Public Comments
None

Agenda Item #11 – Announcement of the December Meeting
President Manley announced the Planning Board will hold their next meeting on February 7th at 1 PM.

Agenda Item #12 – Adjourn
President Manley adjourned the meeting at 3:45 PM.

Respectfully Submitted,
Carl Hamming
Powell County Planning Director

Tracy Manley, President Date

 

MINUTES
PLANNING BOARD

The Powell County Planning Board met in a regular session on Thursday, February 7, 2019 at 1 PM.

Members Present: Bill Pierce, John Wagner, Justin Williams, Rick Hirsch, John Beck, Randy Mannix, Earl Hall, John Hollenback,

Members Absent: Tracy Manley

Staff: Carl Hamming, Scott Hazelton

Public: Tim Olsen, Don Beck, Don Beck Jr., Sarah Richey, Jerry Grebenc

Vice President Hirsch called the regular meeting to order at 1:05 PM.

Agenda Item #1 – Attendance
With eight members being present, a quorum was established.

Agenda Item #2 – Approval of Agenda
The Board did not change the agenda.

Agenda Item #3 – Approval of Minutes
Member Hall motioned with Member Mannix seconding to approve the January minutes with one edit from Member Pierce regarding the Wildfire Manual. The Board voted eight to zero to approve the minutes.

Agenda Item #4 – Non-Public Hearings
Olsen BR
Mr. Hamming presented the Board with the requested Boundary Relocation from the Olsen family. The COS has been reviewed and approved by the Sanitarian and the ELS. Mr. Hamming discussed the acreage and the zoning compliance of the proposed tracts. Mr. Olsen elaborated on the estate planning that he is undertaking and explained the proposed layout of the property lines. The Board ensured that all proposed tracts have legal access and the proper easements exist.

Member Pierce motioned with Member Mannix seconding that the proposed Boundary Relocation is not an attempt to evade subdivision review. The Board voted eight to zero to approve the motion.

Graveley & NCP Bayou II Conservation Easements – Five Valleys Land Trust
Mr. Hamming introduced Sarah Richey from Five Valleys Land Trust to present the proposed conservation easements. Ms. Richey gave an overview of the two subject ranches and the funding mechanism behind the proposed work. Ms. Richey explained that the Conservation Fund is a temporary holder of the Bayou Ranch as the Graveley family intends to use the funds from placing the easement on their property to purchase the Bayou Ranch. Ms. Richey described the proposed conservation easements that ensure public access for hunting that will be managed by Montana FWP. The Graveleys have previously participated in Block Management and intend to continue to do so. Ms. Richey also described the funding from the Natural Resource Damage Program and how the proposed easements fit into their mission. Both ranches had an appraisal conducted as well as a mineral remoteness test that produced a negligible result.

The Board asked about the timber management that will be permitted on the ranches. The Board was curious if a timber management plan needed to be prepared by a professional forester or it the landowner could submit their own plans. The Board also asked about the status of the roads and where the public will be able to access the ranches for hunting purposes. Member Mannix noted a typo on Page 6 that needs to be corrected. The Board also discussed the regular need for gravel and asked if the conservation easement would preclude any gravel sources being developed. Ms. Richey noted that the Graveley family stated that there is very limited gravel on the properties and were not concerned about including gravel pit development in the easements. The Board also discussed the permitted building envelopes for each ranch and what would be permissible such as a new well or home site.

After the Board finished asking questions about the proposed conservation easements, Vice Chair Hirsch asked if the public had any questions or comments. Don Beck Jr. asked Ms. Richey about the redemption rights on the Bayou ranch and she stated that the owner had signed away the right. Mr. Beck asked about moving his cattle across the property to access the State land and Ms. Richey stated that a new access agreement could be established with the new property owners (the Graveley family). Mr. Beck also noted the old borrow pit that was developed when I-90 was constructed and Ms. Richey said she would follow up on the potential gravel source. Mr. Beck discussed the history of the mining to the north of the ranches and the railroad that was abandoned after the mine closed. Mr. Beck also questioned the goals and objectives of the NRDP.

After the discussion of the proposed conservation easements, the Board thanked Ms. Richey for presenting and gathering their feedback. Regarding conservation easements, no action is required from the Board.

North Powell Zoning Update (CDBG Grant)
Mr. Hamming gave a brief overview of the CDBG grant application and why the County is undertaking an effort potentially update the zoning map for the north half of the County. Mr. Hamming informed the Board that Great West had been hired as the consultant for this grant and introduced Mr. Jerry Grebenc. Mr. Grebenc discussed the planned public outreach effort. It will include surveys and open houses in Ovando and Helmville. Mr. Hamming and Mr. Grebenc described how the surveys will be both electronic and hardcopies that will be available in public places in the towns. Mr. Grebenc and Mr. Hamming proposed the geographic scopes of the effort and the Board agreed that the dividing line between T12N and T13N would be a logical boundary. The Board discussed the perception of zoning in the north half of the county and the need to not impede or obstruct growth in the rural town centers. The County hopes to wrap up this effort in 2019.

Agenda Item #5 – Public Hearings
None
Agenda Item #6 – Continued or Tabled Business
Wildfire Safety Manual – Member Hall
Mr. Hamming gave an update of the edits that he and Member Hall worked through since the last review. Mr. Hamming explained that he hoped to have a motion from the Board to recommend that the Commissioners review the Manual and authorize it being distributed with future development certificates. Member Pierce discussed his reservations about an applicant needing to submit property photos as part of an application. Member Mannix motioned to recommend review to the Commissioners. Member Wagner seconded the motion. Member Hall recused himself from the vote. The Board voted four to two in favor of the motion with Members Williams and Pierce voting against. (Member Hollenback had to leave early).

Subdivision Regulations Update
Mr. Hamming and Mr. Hazelton discussed the need for the County to update its regulations to comply with State code. Mr. Hazelton walked the Board through the various changes and edits from the current version of the regulations (last updated in 2006). Staff will have a full hardcopy for the Board to review at the next meeting.

Old Yellowstone Trail Update
Mr. Hamming gave an overview of the proposed trail. Mr. Hamming will have someone from the County Parks Board come before the Planning Board to present the construction plans and request a conditional use permit since it is a proposed land use change.

Agenda Item #7 – Planning Board Comments
None

Agenda Item #8 – Staff Comments
a. County Attorney – None

b. Planning Staff – Brief discussion of draft Bill regarding legal and physical access.

c. Other – None

Agenda Item #9 – Public Comments
None

Agenda Item #10 – Announcement of the December Meeting
Vice President Hirsch announced the Planning Board will hold their next meeting on March 7th at 1 PM.

Agenda Item #11 – Adjourn
Member Hirsch adjourned the meeting at 4:20 PM.

Respectfully Submitted,
Carl Hamming
Powell County Planning Director

Rick Hirsch, Vice President Date

 

MINUTES
PLANNING BOARD

The Powell County Planning Board met in a regular session on Thursday, March 21, 2019 at 1 PM.

Members Present: Tracy Manley Bill Pierce, John Wagner, Justin Williams, Rick Hirsch, John Beck, Randy Mannix, John Hollenback,

Members Absent: Earl Hall

Staff: Carl Hamming, Scott Hazelton

Public: Kathryn McEnery, Greg Mullen, Jake Ziska, Martin Balukas, Chad Ball, Jennifer Nicholson

President Manly called the regular meeting to order at 1:00 PM.

Agenda Item #1 – Attendance
With eight members being present, a quorum was established.

Agenda Item #2 – Approval of Agenda
The Board did not change the agenda.

Agenda Item #3 – Approval of Minutes
Minutes will be approved at the next meeting.

Agenda Item #4 – Non-Public Hearings
Spotted Dog/Cross Canyon Ranch BR
Mr. Hamming presented the Board with the requested Boundary Relocation from the FWP and the Cross Canyon Ranch. Mr. Hamming discussed the acreage swap between the two parties, FWP would acquire approximately 438 acres and Cross Canyon Ranch would acquire approximately 461 acres. Mr. Balukas represented FWP and spoke to the reasoning for this boundary relocation. This will eliminate the Cross Canyon Ranch’s inholdings in Spotted Dog and eliminate almost 6 miles of fencing. Member Williams asked about the maintenance of the fence and Member Hollenbeck answered that FWP maintains all fencing on Spotted Dog. The petitioner stated that both FWP and the Cross Canyon Ranch will have to sign off on the relocation COS. Member Beck asked about access to the stock pond and the surveyor Mr. Ziska stated that there is access to the pond for Cross Canyon Ranch’s operations. Member Mannix asked about the appraised value of the land and if there was any monetary transactions occurring in the relocation. Mr. Balukas stated the appraised value was $600/acre (in 2010) and that there was no monetary transaction occurring.

Member Mannix motioned with Member Hollenbeck seconding that the proposed Boundary Relocation is not an attempt to evade subdivision review. The Board voted eight to zero to approve the motion.

Broken Circle/Clark Fork River Ranch BR
Mr. Hamming gave an overview of the project and how it has been recommended for funding from the Advisory Council. Mr. Hamming stated how the BR that the planning board was hearing was a piece of a much larger project of the NRDP’s plan to acquire this ranch after the boundary relocation. Mr. Hamming then introduced Greg Mullen NRDP to present the agency’s proposal. Mr. Mullen gave an overview of the potential splitting of the ranches and the funding mechanisms behind the proposed work. Mr. Mullen explained that there is currently a conservation easement on the property (Five Valleys Land Trust) but it does not allow public access for hunting and fishing. Mr. Mullen discussed some options for the management of the property after remediation has been completed. Mr. Mullen did say that remediation of this area could be almost a decade out. Mr. Mullen stated that the plan is to use the FWP’s model to pay property taxes on the land they own in Powell County.

Member Mannix asked about the management plan of the property and Mr. Mullen stated that there is not a set management plan but the idea is to develop an annual management plan and coordinate with FWP. Member Pierce asked why the boundary relocation switched to the river centerline at the section boundary. Ms. Nicholson, of the Broken Circle Ranch, stated that the reasoning was to maintain private access to the Clark Fork River for future generations. Mr. Ball, the surveyor for the project addressed that this process was only a boundary relocation and that NRDP had not purchased the land yet and that the Broken Circle Ranch would maintain ownership of the two redrawn parcels.

Member Hirsch motioned with Member Hollenbeck seconding that the proposed Boundary Relocation is not an attempt to evade subdivision review. The Board voted eight to zero to approve the motion.

Agenda Item #5 – Public Hearings
CUP Application for the Old Yellowstone Trail—Parks Board
Mr. Hamming gave a brief overview of the project. Since Mr. Hamming staffs both boards, Mr. Swant a member of the Parks Board, presented the project to the Planning Board. Mr. Swant spoke about the history of the project and stated that the land was purchased and that construction will be funded with NRDP funds. Mr. Mullen gave a historical rundown of the funding sources and how these funds are designated for specific purposes (aquatic, terrestrial and groundwater).
Member Hirsch asked about calling the trail the Old Yellowstone Trail and why it was not the Old Milwaukee Trail. Mr. Swant stated the Parks Board reasoning that the trail runs along a section of the Old Yellowstone Trail and that there would be the addition of informational signage along the route to inform users of the many historical aspects of the trail.
Member Wagner motioned that the Planning Board approve the Conditional Use Permit for the Powell County Parks Board to develop a recreation trail on the old Milwaukee right-of-way with recommended conditions. Member Pierce seconded the motion. The Board voted eight to zero to approve the motion.

Agenda Item #6 – Continued or Tabled Business
North Powell Zoning – Open Houses
Mr. Hamming informed the board that he and Mr. Hazelton placed fliers and survey boxes around Helmville and Ovando to inform citizens about the open houses on April 1st & 3rd. Survey and collection boxes were placed at the Copper Queen, Blackfoot Commercial Co. and both local post offices. Mr. Hamming also asked the board to attend these meetings and distribute the online survey. Member Hollenbeck asked why he should answer a survey about the north end of the county when he does not reside there. Mr. Hamming explained how this is the first step in a larger process to understand residents’ perspective and satisfaction with the current zoning.

Subdivision Regulations Update
Mr. Hamming discussed the need for the County to update its regulations to comply with State code. Staff will have a full hardcopy for the Board to review at the next meeting.

Agenda Item #7 – Planning Board Comments
There was discussion between the members about legislation updates. Member Hollenbeck stated that he is part of a lobby group working on range management and that they will be hosting an event in Helena in the coming weeks.

Agenda Item #8 – Staff Comments
a. County Attorney – None

b. Planning Staff – Mr. Hamming informed the board that there will be a meeting regarding brownfields and the granting process for Environmental Assessments of potentially contaminated sites. The meeting will be April 2nd in Deer Lodge. There was also a brief discussion of a proposed bill before the legislature regarding legal and physical access as part of the review criteria for approving an exemption from subdivision review.

c. Other – None

Agenda Item #9 – Public Comments
None

Agenda Item #10 – Announcement of the December Meeting
President Manley announced the Planning Board will hold their next meeting on May 9th at 1 PM.

Agenda Item #11 – Adjourn
President Manley adjourned the meeting at 3:27 PM.

Respectfully Submitted,
Carl Hamming
Powell County Planning Director

President Manley, President Date

 

NO APRIL MEETING

 

 

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