The original design for Lot 20 included a 8.64-acre common area along Blanchard Creek. While the Planning Board recommended all of Lot 20 as a buffer, CAPS and IMEG worked on a middle ground that added a riparian buffer increased the common area slightly while it maintained Lot 20 as a buildable lot.
The view of Clearwater Meadows Ranch from Google Earth.
MISSOULA – At their July 7 meeting, the Missoula County Commissioners unanimously approved the proposed Clearwater Meadows Ranch 20 residential lot major subdivision proposed approximately one mile west of Clearwater Junction. While most of the recommendations of the Missoula County Planning Board were approved, the Commissioners approved a compromise proposed by Missoula County Community and Planning Services (CAPS) and the IMEG Corp for the developer. This maintained Lot 20 as a buildable lot for Developer John Richards while still expanding the riparian buffer around Blanchard Creek.
Clearwater Meadows Ranch includes roughly 200 acres along Blanchard Creek, a tributary of the Clearwater River. It is unzoned property with a proposed density slightly denser than one home per 10 acres. This is consistent with the 2010 Seeley Lake Regional Plan where it designates the location as very low density residential, recommending one home per 10 acres, and an amendment to the 2016 Missoula County Growth Policy. It is also next to the commercial corridor, designated as one dwelling unit per one acre.
"The designation in question is intended to retain rural character and function as a transitional area between increased development and resource protection lands," said Tim Worley, CAPS senior planner. "FWP said 20 lots is really the maximum number of lots that will be manageable considering their will be attractants, there will be distractions, if you will, that bring animals onto the property."
"As growth policy goal number eight states we do have the chance to proactively plan and provide for logical growth while also preserving the rural character," said IMEG Corp representative Joe Dehnert. "The landowner has experienced time and time again concerns over density being the deciding factor over denying his proposals which results in the 20 lot proposed here and does substantially comply with all applicable regional plans."
At their June 7 meeting, the Missoula County Planning Board approved expansion of the common area to encompass all of the proposed Lot 20 that encircles the 8.64-acre common area. The decision was based on the recommendations made by Five Valleys Audubon, Missoula County Parks, Trails and Open Lands Department, Montana Fish, Wildlife and Parks and Clearwater Resource Council. This expansion included permissive language that allowed Lot 20 to be retained within Lot 19, immediately to the west.
Dehnert told the Planning Board that the developer wanted to retain Lot 20 as a residential lot. Richard's Attorney Thomas Orr added that he felt this condition constituted an unconstitutional pay gain of private property.
Following the Planning Board's decision, Dehnert met with Worley and County Attorney John Hart to discuss a middle ground. They agreed to a compromise that expanded the proposed 8.64-acre common area to slightly more than 10 acres adding at least 25 feet to the west of the common area.
Worley presented a compromise to the Commissioners as an alternative Condition 2.
"It is not a pristine landscape," Worley said. "And it would allow Lot 20 to remain buildable for the sake of the developer but it would allow for a little more gain on a riparian area buffer as well."
Dehnert said this is a great example of collaboration between landowners, planning staff and the county because the expansion of an already robust common area offers ample protection without it being necessary to impede all development on the lot.
"We believe this middle ground option, the expansion on the western edge of the common area [by another one-and-a-half to two acres] is more than enough to protect the natural resource," Dehnert said. "We took those recommendations and ultimately came to an option that works for everyone."
Worley explained to the commissioners that the alternative Condition 2 could appear that they are amending the application. The regulations do allow the commissioners to stop the clock on the process moving forward and resend it back to planning board or pre-application, however Worley recommended they proceed.
"We think that the regs permit this that you can keep moving forward and make a decision today based on this information," Worley said. "We don't think there would be anything new that would be gained by sending this proposal back to the agencies that have reviewed it multiple times. We think we know what they would recommend. We would recommend, which ever direction you go Commissioners, that you proceed."
The applicant requested the option to conduct an updated study that might shrink the floodplain.
Dehnert explained that in the older proposal where the 100-year floodplain was modeled at 2,000 cubic feet/second, there was no encroachment on the existing structures or proposed lots. There was a model by professional late last year and they estimated 600 cubic feet/second for the 100-year floodplain. This was further validated by Montana Department of Transportation that estimated the 100-year event to be 540 cubic feet/second.
Worley told the Commissioners that CAPS supports the developer's request and recommended adding a clause to Condition 21. Worley felt it was inconsequential because no structures will be built in the common area.
"The condition language change we are recommending would give John the option of doing an updated study to shrink the floodplain," Worley said. "It will still be a legitimate flood plain that needs to be shown on the final plat but he could either use that more robust one and actually show that on the final plat or he could shrink it."
Worley said there were only a few comments from Missoula County Voice. One supported Blanchard Creek riparian protections and enhancements. The second said that housing in this subdivision is for a different demographic than those working at The Resort at Paws Up or other businesses in the area.
Commissioner Josh Slotnick appreciated the reduction in density from previous proposals. He said that the additional 25 feet of buffer, "is a compromise, it is not ideal" but he was okay with the proposal as amended.
Vero asked about ensuring bear resistant garbage cans are used regardless of the provider. Worley said they could make the Condition 11 more general by removing Republic Services as the designated provider as long as the containers meet the bear resistant specifications. He said this requirement would need to be included in the covenants.
Vero also asked about fire, home ignition zones and the impact of fire to the available services.
Worley said they did not get a lot of comment during this iteration of the proposal. This is in the Wildland Urban Interface. Structures are required to have Class A roofs and are recommended to be hardened structures if at all possible.
Vero thanked Dehnert and Worley for working towards the middle ground.
"This is evidence of lots of collaboration," Slotnick said.
Vero and Slotnick unanimously approved the motion for the variance requirement non-motorized facilities along subdivision roads based on the recommendation of the Planning Board. They also unanimously approved the Clearwater Meadows Ranch Subdivision, based on the finds of face in the staff report and subject to the recommended conditions of approval.
For more information about the Clearwater Meadows Ranch Major Subdivision visit https://www.missoulacounty.us/government/community-development/community-planning-services/planning-projects/active-projects/clearwater-meadows-ranch-2021
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