Mar 22, 2007

Wilderness Club Subdivision Process

Subdivision Process...

Lincoln County Northwest Montana Records

JANUARY 18, 2006


The Board of County Commissioners met for a regular session in Eureka at 10:00 a.m. Present were Chairman Marianne B. Roose, Members Rita R. Windom, and Clerk & Recorder Coral M. Cummings.

10:00 A.M. EUREKA DISPATCH DISTRICT: Present were Joyce Hudson, Roger Pitman, Rae Lynn Benson, and
J.P.Terry Utter.
Benson gave an update on extension activities and programs. Utter said jury trials are over budget and it appears these monies will come from the State after July 1, 2006. Utter said another witness in Montana would be very high and wanted the Board to be aware that he may have to overextend his budget. Utter expressed concern where the costs would come from. Utter was advised to pay costs out of the General Fund.
10:30 A.M. ADMINISTRATIVE ISSUES:
1. Resolution No. 724: A resolution to adopt the new mileage reimbursement as adopted by the State of Montana due to decreased costs of gasoline. The rate adopted January 1, 2006 was 0.485 and 0.455 cents. Effective January 18, 2006, the rates for mileage are adopted as follows:
0.445 cents per mile up to 1000 miles per month
0.415 cents per mile over 1000 miles per month
MOTION by Windom to approve Resolution No. 724. Second by Roose, so ordered upon consensus of the Board.
2. Letter from Craig Eaton pertaining to Airport Board Fuel Vendor Contract for EurekaAirport: Contract was approved and signed. Vendor is Service Plus International. MOTION by Windom to approve contract for Eureka Board Fuel Vendor Contract. Second by Roose, so ordered upon consensus of the Board.
11:00 A.M. COUNTY PLANNER KEN PETERSON PUBLIC HEARINGS AND OTHER SUBDIVISION ISSUES: Present were County Planner Ken Peterson, Assistant Planner Mary Klinkam, Barb Renkema, Ginny Emersen, Suzanne Gruschow, Steve Newman, Andy Belski, Nathan Wyatt, Don Truman, Mike Hensler, Marshall Pearson, Kathy Jenkins, Gerry Loehlein, Don Loehlein, Tim R. White, Glen Helms, Ted King, Joe Purdy, Peggy Jane Ousley, Richard Payton, Rosemarie Smiley, J. J. Smiley, Carol Blake, Warren Chapman, Barbara Chapman, Charles Newton, Shirley M. OBrien, Kenneth & Margaret Tappendorf, John Schwartz, Shane Moss, Karyn Leonard, Jon Leonard, Tracy McIntyre, Robert Little, Steve Lavely, Buck Schermerhorn, Don Gillard, Al Longacre, Robin Little, Beau Johnston, Richard James, Rick Eldred, Gwen Backs, Ken Merrick, Wayne Butts, Dan Truman, Paula Wise, Jan Corneliuson, Jack Graves, Clara Graves, Ken Workman, Larry Sverdrup, Tom McDonough, and Gary Tisdell.
11:00 A.M. PUBLIC HEARING FOR HURRICANE RANCH SUBDIVISION: Assistant Planner Mary Kinkham presented details and opened the meeting for public comment. Wyatts and Belski of Flathead Geometrics presented points of interest. The road will be reviewed by the Planning Department and the Board when engineering is complete. No further comments from the public were received. Public Hearing was closed.

SUBDIVISIONS APPROVED AND SIGNED:
1. A Plat of Tams Views
2. Redemption Shores Subdivision
Peterson submitted Subdivision Improvements Agreement for the Boards review. Lloyd Bridges would be the developer involved. Roose suggested a conference call next week at 1:30 p.m. to confer with County Planner, Commissioners and Bridges. The conference call will take place on January 20th.
1:30 P.M. PUBLIC HEARING FOR WILDERNESS CLUB SUBDIVISION: Chairman Roose opened the hearing. Klinkam explained the six criteria and clarified that the subdivision is 545.47 acres consisting of 319 lots. Mary explained the subdivision is planned with five phases and is scheduled for one phase per three years; however, market variables could change the phasing intervals. Pearson asked about a golf course as part of this and Klinkam said an 18 hole golf course is planned.
Klinkam explained six criteria to be reviewed as follows:
1. Affects on Agriculture
2. Affects on Agricultural Water User Facilities
3. Affects on local services
4. Affects on the Natural Environment
5. Affects on wildlife and wildlife habitat
6. Affects on Public Health and Safety
Discussion continued and a question was asked about the affect of water levels. Klinkam said the state will review this issue. Don Loelein asked at what point DNRC will approve this. Klinkam will address this issue. Klinkam said Water & Sewer will be owned by the Wilderness Club Subdivision and explained Water & Sewer issues with the group. Pearson asked about private wells. Payton said the Town of Rexford Water System has not been informed about this project. Peterson said a map has been sent to Rexford, but he did not realize Rexford Water System was in the vicinity. Peterson also sent a letter to DNRC and talked with TD & H (Mike Frazier) in Rexford.

Mayor Shirley OBrien read an official letter of protest stating the position of the Town of Rexford.

Klinkam explained wastewater will be owned by Wilderness LLC and read distance from Rexford and how this will be reviewed. Solid waste will be collected in the development by a private hauler and delivered to Lincoln County Landfill. School facilities in Eureka can expect approximately 32 homes and an estimate of 16 students. Civil Engineer John Schwartz deals exclusively with open spare plans and planned for no back yards and provide walk through. This preliminary plat application is to give the Commissioners and Planning a look at the concept.
Klinkham explained water rights to the group. A water rights application would be submitted and this would require an evaluation of the water capacity and offered to record any persons well activity during the 72 hour pump test. This can be monitored and results would be given to individuals. Anyone may go to DNRC as well to have questions answered pertaining to this issue. Wise asked if this might have a greater impact in 5 years. Konzen said the drawdown is measured and calculated. Little asked about drought years being different. Konzen said the Aquifor does not respond instantly, and since we are experiencing a drought now, this is a good year to check on this. Discussion continued about water rights and DNRC testing the wells.
Peterson told the group that under DEQ regulations, proposal is for a Level 2 system. A community collection system would be preferable to this clientele, even though the size of lots qualifies for individual septic tanks. The treatment system is underground. The sludge is stored and fully contained.

Leonard asked the Board how this will affect taxes. Roose said the Department of Revenue will determine this. It is predicted this subdivision will have up-scale homes that will increase values over the long run. It was explained this subdivision will have high dollar lots.

Merrick asked at what point do surrounding landowners have some say on approval. Peterson said landowners need to have specific reasons based on the six criteria and all agencies are involved. Merrick asked why landowners (natives) should have to accept this when it has adverse effects on them. Konzen suggested some input before the design is complete. Chairman Roose suggested a continuation for this hearing at a later date and will allow everyone to consider questions that have not been answered. Proposed date to continue hearing is February 8th.

2:30 P.M. PAULA & GEORGE WISE SUBDIVISION ISSUE:
Wise asked for family transfer laws to be clarified and feels her neighbor is using a 30 road right-of-way to get around subdivision laws. Peterson explained that he sees this a lot and the county cannot control or stop this. The County Planning Staff does have evasion criteria and are looking at making changes in this.
3:00 P.M. PUBLIC HEARING FOR GLEN LAKE HILLS SUBDIVISION: Glen Lake Hills Subdivision will have 33 residential lots and is a total of 116.45 acres. Klinkam presented the subdivision plan to the group and asked for public comment. It was asked if each lot would have its own well. Klinkam said only 3 or 4 lots would be sharing a well. There was more discussion on well depth and density.
Klinkam read a letter of protest from Ken and Audrey Smith. Belski commented there is no lakefront on these properties, there is public access only. Tisdell asked if the subdivision does not pass and is sold and re-done later if there would be these same concerns. Roose said the Boards criteria for not approving a subdivision are very limited. The DEQ and DNRC review would address and determine water and health issues. Tisdell said he would rather have this proposal than mobile homes and would like to see a well developed area. Graves questioned how this would affect taxes. Roose said it would affect taxes in the future. Workman asked how wildlife and habitat was addressed. Klinkam explained this as well as emergency, weed and road issues. Wyatt did the wildlife assessment and conferred with FW & Parks.
BOARD APPROVED CERTIFICATES OF SURVEY & PLATS FOR RECORDING:
1) C. of S. in Sec. 23, T36N, R27W for Morgan/Pluid/Kearney.
2) C. of S. in Sec. 3, T30N, R31W for Nelson.
3) C. of S. in Sec. 29, T29N, R33W for DeMart.
4) A Plat of Costich Lake Meadows Sec. 12, T36N, R27W for Utter.
A Plat of Gopher Inn Flats Subdivision in Sec. 35, T30N, R31W, for Lincoln County Rural Fire Department.

MARCH 1, 2006

The Board of Lincoln County Commissioners met for a regular session in the courthouse at 8:00 a.m. Present were Chairman Marianne B. Roose, Members John Konzen and Rita R. Windom, and Deputy Clerk Robin A. Cerny.

8:00 A.M. USFS SUPERVISOR BOB CASTENADA: RE: STEWARDSHIP PROJECTS:
Present were Noel Williams, John Carlson, and Robyn King.
The group discussed possible Stewardship projects in the future on the Kootenai Forest. Carlson presented the Board with maps indicating possible planning areas. No proposed action has taken place yet.
10:00 A.M. KIRK KRAFT: RE: FIRE IMPACT FEE COMMITTEE: Present were Brent Shrum and Peggy Williams.

Chairman Roose recommended Kraft to present ideas to the County Wide Planning Board. Konzen recommended the Fire Cooperative to have extensive documentation for presentation showing the impact on rural areas, large subdivisions, water supply, and equipment. Kraft said the Fire Service Area does not have upgraded materials and equipment to service and protect multi-million dollar homes.

Homeowners of these new subdivisions need to help purchase equipment to help protect their homes. It was suggested the FSA consider forming a Fire District. Kraft feels the area would not support this. Windom said it would be good for the Planning Board to have substantial statistical data to incorporate into the growth plan.

12:00 P.M. COMMUNITY STEWARDSHIP PROGRAM:
Commissioners attended a public meeting on Community Stewardship presented by the Eureka Development Partners. This meeting is a series of three being presented in Lincoln County.
1:30 P.M. KOOTENAIBUSINESSPARK PUBLIC HEARING: Present were County Planner Ken Peterson, Assistant Planner Mary Klinkam, Peggy Williams, Ronda Pryer, David Murray, Sam Shupe, Ken E. Davis, Brent Shrum, Johna Morrison, Brad & Dori Linnell, and Shelley Germann via phone.

Assistant Planner Klinkam opened the meeting and explained the six criteria to be considered by the Planning Department. Klinkam said the subdivision will have eleven commercial lots located on the southern edge of the city limits. Pryer said her home is located near the subdivision and questioned where the access road would be located. Pryer had questions about taxes and expressed concerns from increased traffic. No other public comments were received. Public hearing was closed by Klinkam.

2:00 P.M. COUNTYPLANNER KEN PETERSON SUBDIVISION REVIEW:
Subdivisions Approved:
Wilderness Club Subdivision: The property is located approximately 5 miles northwest of Eureka adjacent to and west of Sophie Lake Road in Sec. 28, T37N, R27W Tract 2BA, Sec. 29, T37N, R27W, Tracts 3A1A and 3A1, Parcels A & B of COS 3082, Sec. 32, T37N, R27W Tracts 4B1 and 5A, Parcel A of COS 2941 and Sec. 33, T37N, R27W Tracts 2, 6C1, 6C and 6. MOTION by Commissioner Windom to approve Wilderness Club Subdivision subject to Planning Staff recommendations. Second by Commissioner Konzen, so ordered upon consensus of the Board.
3:00 P.M. RESOLUTION 725 LINCOLN COUNTY AIR POLLUTION CONTROL PROGRAM: A resolution to approve and adopt the proposed revisions to the Lincoln County Air Pollution Control Program and that the Lincoln County Commission recommends the Governor of the state of Montana submit the revisions to the Lincoln County Air Pollution Program for inclusion into the Montana state implementation plan.
BOARD APPROVED CERTIFICATES OF SURVEY & PLATS FOR RECORDING:

5) #3501 C. of S. in Sec. 23 & 24, T36N, R27W for Harry D & Bertie Fowler.
6) #3502 C. of S. in Sec. 9, T34N, R26W for Ralph C. Keenen.
7) #3504 C. of S. in Sec. 6, T34N, R25W for Jeffrey L. Gideon.
8) #3505 C. of S. in Sec. 26, T30N, R31W for L. Charles & Kelly W. Evans and Claire CeCile Evans.
9) #3506 C. of S. in Sec. 23, T30N, R31W for Boring.
10) #6681 Amended Plat of Kootenai River Estates Lots 1 & 2 in Sec. 35, T32N, R34W for Samuel Shupe & George L. True
11) #6682 Plat of Timber Lake Subdivision in Sec. 9, T35N, R31W for Cheryl B. Pasque.
12) #6683 Amended Plat of Lot 1B Jameson Subdivision in Sec. 12, T29N, R31W for James C. & Erin J. Schmitt.
13) #6684 Plat of The Hills Subdivision in Sec. 7, T36N, R26W for Eureka Hills LLC.

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