By Michael Howell –
In a five to two vote last Wednesday, June 8, the Ravalli County Planning Board decided to recommend denial of the FlatIron Ranch subdivision application. In a series of preliminary votes on the seven criteria applicable in subdivision review, a majority of the board found that the application was insufficient in mitigating potential negative impacts to agriculture and to public health and safety. The board’s recommendation of denial will be forwarded to the County Commissioners who make the final determination in the matter.
FlatIron Ranch, if approved, would be the largest subdivision in Ravalli County history. 396 lots would be created on 451.79 acres off of Golf Course Road, east of Hamilton. The development is slated to create 551 residential living units, with 389 on single-family residential lots and an additional 162 on three condominium lots. Four lots have also been dedicated to commercial development, including a lodge with a spa and a pool. The development would be installed in 15 phases over 30 years.
The Planning Department, now managed by Terry Nelson, of Applebury Survey, recommended approving the subdivision application. County Planner Tristan Riddell noted that the planning staff made no recommendation at the original Planning Board meeting on January 5, because it lacked sufficient information to make any recommendation. Since then, Riddell explained, the applicant had submitted the needed material, which included updated information about mitigation of traffic impacts, as well as a commitment by the developer to do further ground water monitoring next year. The planning staff report recommends approval with 117 conditions attached.
Public testimony at the Planning Board meeting was overwhelmingly against approval. Fifteen people raised various concerns about the subdivision including the loss of prime agricultural land, high groundwater in the area and the potential for groundwater pollution, as well as effects on the schools and on traffic in the area. Many questioned the need for such a subdivision given the state of the economy and the glut of empty lots already on the market.
Only one person, Jimmy Canton, spoke in favor of the application. Canton told the audience that the applicants had already provided the answers to all the questions that were raised in the public comment. He agreed with the Planning Department recommendation for approval.
Jason Rice of Territorial Landworks, the consulting company that is helping the developer, defended the development’s water and sewer system designs and assured the board that the developer was “fully aware of the risks involved.”
“If we thought this was a no go we wouldn’t have taken it on,” said Rice.
During the Planning Board’s deliberations, following the public comment, board member Les Rutledge said concerning the effects upon agriculture, “I feel strongly about the loss of agricultural land.” He said this piece was one of the largest pieces of agricultural land left that is close to Hamilton. He said that he could not see how the loss could be mitigated.
Board member Cheryl Tenold agreed, but then stated that she felt like the County Commissioners would approve the subdivision no matter what, “despite a lot of conflicts of interest.”
Planning Board Chair Lee Tickle had already recused himself from participating in the decision due to the possible “appearance” of a conflict of interest on his part. In a written statement he denied any actual conflict of interest or any ex-parte discussions with anyone on “any quasi-judicial issue before this Board.”
“However, because of community activities that I am involved in as a private citizen and in order to protect the integrity of the Planning Board and this process, I am recusing myself.” He said he hoped some of the County Commissioners would also consider recusing themselves if it appeared they had a conflict of interest.
Planning Board member Fran Maki also agreed with Rutledge, stating that it would have unmitigated effects on surrounding agricultural activities as well. She too was at a loss as to how those negative effects could be mitigated. She suggested that larger lots on the boundary with adjacent agricultural operations might help.
As to negative effects on public health and safety, board member Skip Kowalski expressed serious concerns about the water quantity and water quality issues and the potential to impact the City of Hamilton’s water system.
Board member Bill Menager spoke in favor of the application, saying that he would rather see something like this than a few subdivisions with homes on two-acre lots with the usual septics and no continuous monitoring.
An initial motion to recommend approval of the subdivision application was defeated on a five to two vote. A subsequent motion to recommend denial was approved on a five to two vote with Menager and Perry Belke dissenting.