Proposed easement faces pushback

by Nathan Boddy

“You don’t know of the tidal wave of people coming here.” These were the words spoken by Barbara Burnham Edmunds at a recent meeting of the Ravalli County Commissioners. Edmunds was referring to the influx of new residents to the Bitterroot Valley, emphasizing that new arrivals would continue.  She made her comments to encourage development of a growth plan to help steer that growth. Edmunds, a native of Montana, said that her time living on the West Coast was sufficient to convince her that unbridled growth can have negative consequences. Along with a dozen or so others, she had come to the January 31 meeting of the county commissioners to express concern over a potential subdivision on the edge of Hamilton. During the meeting, she held up an aerial photo of the San Jose, California area, saying that she wanted the commissioners to safeguard against the Bitterroot Valley becoming another San Jose.  

Ironically, the meeting attended by Edmunds was not for consideration of a subdivision’s approval at all, although it clearly spoke of one to come. Instead, the commissioners were considering granting an easement across a portion of county-owned property adjacent to Kurtz Lane, near Daly Elementary School. The easement, which would straddle private and county-owned property, would likely be used to provide access to a new 140-plus-lot subdivision that would be annexed into the city of Hamilton. A prescriptive easement already exists in the location where both the county and the likely development property are currently accessed. No official subdivision plans have yet been submitted, but 406 Engineering and Beauchamps Developers were present to answer the commissioners’ questions. Over the course of the two-hour meeting, the discussion strayed from the requested easement and deep into the waters of land use planning, growth and the changing nature of the valley.  

Although all of the property involved in the potential subdivision is within the county, its proximity to Hamilton city limits would likely mean annexation following the city’s extension of municipal water and sewer to the development. Per county and state law, the City of Hamilton and Ravalli County would coordinate subdivision review and annexation procedures once a formal application were to be submitted.

Jacob Zimmerman of 406 Engineering explained that the development team’s pursuit of the easement evolved out of discussions with officials at the City of Hamilton. According to Zimmerman, the city would likely not allow the future subdivision to have direct access to Golf Course Road, and instead would require access points onto both Kurtz Lane and Big Corral Roads. Ultimately, however, 406 Engineering and Beauchamp Developers explained that they have been exploring regulatory requirements and speaking with both city and county governments in order to set the stage for a future proposal.

Jill Deppel, who lives in a subdivision on the west side of Kurtz Lane, sees communication between the county, city and developers entirely differently. She was present at the commissioners’ meeting to express her concern about the easement, saying that granting it for some future subdivision would be putting “the cart before the horse,” unless a clear plan for subdivision had first been identified. Deppel has accused both the city and the county of engaging in “back room dealing” in regards to subdivision plans, and has spearheaded a neighborhood group dedicated to voicing its concern about possible development. Deppel has also produced a website called, “Save The Neighborhoods,” which prominently asks the question, “Do you know what is happening in our valley?”

Deppel’s points hinge on concerns over historical preservation, traffic and preservation of park space.  Land west of Kurtz Lane had previously been occupied by the Kurtz Dairy and Fort Skalkaho, and the county-owned parcel itself had recently been considered for park space. Although no proposal for subdivision has yet been submitted, Deppel’s statements and website make it clear that she feels cut off from a decision-making process.  

Matthew Rohrbach, City Planner for Hamilton, says that his door is always open to people who have questions or concerns. And while he is ready to discuss development plans and arrange for public hearings when a subdivision is proposed, in the case of the property between Kurtz and Big Corral, nothing has yet been submitted.

“We communicate with developers and the county all the time,” he said. “We have a process that we go through with all of our development reviews. They come in and ask, ‘what do we have to do?’ and we go over the process. We inform them about requirements for infrastructure, goals, policies and plans.” Rohrbach says that the city follows a process which begins with discussions, and ultimately ends up with a formalized plan moving through public review and hearings before one or more boards. He reiterated that he’s spoken with people about the Kurtz Lane area and is happy to continue to do so. “At this point we don’t have an application, so I don’t have an official plan to show them.”

During the meeting of the Ravalli County Commissioners, however, the discussion over the easement was not easily extracted from the subdivision proposal that would follow. And while the county park board has also recommended to the commissioners that the easement be granted, the totality of what may come next has put the attention of those, like Deppel, on high alert over the issue.

The commissioners chose to delay a decision about the easement until a later date.