Lake County resolution of intent to zone passed

On Nov. 10, 2004, in the offices of the Lake County Commissioners, Chairman Dave Stipe, Commissioner Paddy Trusler and Commissioner Mike Hutchin passed the resolution of intention to approve both the Lake County Density Map and Regulations.

As reported in last week's Leader, these regulations determine how much density (meaning residential structure or commercial structure) that can be built on unincorporated, privately owned land.

It soon became standing room only as Director of Planning Dave DeGrandpre launched the 10 a.m. meeting.

He reiterated, as he's done in print and on radio, the need for the zoning regulations.

Planning Board's goals

? To avoid lawsuits brought against the county by developers because there currently there is no law specifying what they can and cannot do

? To guide denser development to cities and towns and limit high-density development in the rural areas of Lake County

? To reduce public expenditures by concentrating public services, such as fire, police protection, school bus transportation and road maintenance to areas of with the densest population

? To eliminate loop-holes in the provision for family transfer that could allow someone to abuse it

? To maintain the rural character of agricultural land and timber production areas

? To protect wildlife and natural resources, including water quality

? To provide guidelines to all interested parties for the growth of Lake County and the immediate development potential of specific geographic areas

Public awareness

Noting that members of the public felt that the map and regulations were not adequately publicized, DeGrandpre reminded the audience that he'd held public meetings to gather input from residents at nine different locations throughout the county over several months.

He referenced extensive media coverage on local radio, as well as four articles written by the Leader newspaper. (See Leader editorial.)

Today (Nov. 18) begins the public comment period. It will last until Dec. 18.

Those who are in favor, or not in favor, of the map and regulations, and those who have suggestions as to how the map or regulations might be amended are asked to write to the Lake County Commissioners before the Dec. 18 deadline.

The next public meeting before the commissioners is scheduled for Dec. 23.

Should the density map and regulations survive the 30-day public comment period "they will have the legal effect of law," said DeGrandpre.

Public comment

Attendees of the Nov. 10 meeting included outspoken farmers, ranchers, real estate brokers, surveyors, and at least one health care professional.

Some argued that they didn't have enough time to review the map and regulations.

Stephanie Bradshaw suggested that there was "so little community participation. People are struggling to make a living and don't know about this."

Bradshaw's comment suggested that full-time workers couldn't get to the scheduled hearings.

Tony Marshall complimented the commissioners on the breadth of work presented and then pointed out that in the regulations the language of "zoning" was absent altogether.

Gene Garrison asked for an explanation as to how his property could be zoned without compensation made to him, and raised the issue of "eminent domain."

(By definition, eminent domain is the right of the state to take private property for public use; the 5th Amendment of the United States Constitution requires that just compensation be made.)

While the State of Montana is clearly not seizing private property, Lake County is, with this map and regulations, restricting its use.

Joe Brooks characterized the commissioners' goal as "noble" and suggested that those not fairly represented today would be impacted by the commissioners' vote. He, too, asked for additional time to review the regulations.

Chairman Dave Stipe posed the argument that "this is what we've been doing some 11 to 12 years. This isn't new stuff."

Joe Brooks countered Stipe's remark with, "In 11 years we've never had regulations. This is new."

Commissioner Paddy Trusler advocated for the passage of the regulations saying, "It puts everyone on a level playing field."

In terms of understanding what is expected of developers, it certainly does. The playing field is uneven for landowners with small acreage versus those with large acreage. Those with large acreage can easily sub-divide or sell off their developmental rights to a neighbor.

Landowners asked Chairman Stipe for more time and Stipe agreed that the laws would be reviewed after one year.

This shortens the stated time for review in the Commissioner's draft. The original printed review period was three years after adoption and then during the fifth and tenth year of each decade.

Family transfer

New text regarding family transfers is now also under consideration.

The text reads, "The Board of Lake County Commissioners reserves the right to waive the density requirements for certain family transfers in cases where hardships relating to health, education, property loss or similar circumstances exist. In such cases the County Commissioners may permit one or more lots to be created that do not comply with the adopted density requirement but may also add conditions to the newly created property."

A decision as to whether or not this text will become part of the regulations will not be known until the end of the public comment period.

In The Leader's Nov. 11 issue we explained the implication of owning land in a 20-acre density zone. To find the zone, and all others that apply to unincorporated property, see the Density Map on this page.

Conservation easement explained

Within the regulations is another section entitled Conservation easement.

It reads that the "the purpose of a conservation development is to allow a developer to reduce expenditures related to infrastructure development while preserving important natural resources."

It works this way - if a landowner owns 100 acres that is in a "density" area allowing one unit (one home, one office building) per five acres, that landowner can increase his number of buildings on each five acres by holding back a percentage of his or her land for open space or agricultural production and protection lands.

What that gets the landowner is an opportunity to, again, increase the density or number of buildings on his or her five acres but he or she loses the ability to build upon those acres now in the area of "conservation."

Once the land is inside a conservation easement it cannot be re-converted to inhabitable land.

Joe Brooks didn't offer any explanation, but having created a conservation easement on his land he said, "Don't ever consider it."

There was at least one playful moment during the lengthy meeting. Chairman Stipe, who evidently lives in a rural area remarked, that his neighbors didn't complain about his "smelly cows." That he "like(d) neighbors living in trailers with Rottweilers tied to the frame."

In considering the Density Map and Regulations, Trusler (in a separate, non-public, private meeting with the Leader and residents held on Nov. 15) suggested the public ask and answer these key questions:

What do we want Lake County to look like in the future? Why did you move to Lake County?

How do we protect those values that brought you here?

Is land use planning only for those moving here, or to protect those that are already here?

How will the rural lifestyle be impacted if the Density Map and Regulations are not made into law?

Again, the public comment period will extend from today, Nov. 18 through Dec. 18. The next public meeting will be held Dec. 23.

It should be noted that Commissioner Paddy Trusler attempted to extend the public comment period by an additional two weeks, but was overturned by Commissioner Mike Hutchin.