County to move ahead with plan for Lower Yaak zoning

The Lincoln County Commissioners approved moving ahead with a plan to create a zoning district in the Lower Yaak area at last week’s public hearing.

The public hearing, held on Aug. 30, lasted nearly two hours and saw comments from several people, some of whom returned to the podium repeatedly to voice their thoughts and opinions.

The commissioners first voted to deny a petition to create a zoning district under Part 1 of of the enabling legislation of state law. That requires 60% of the property owners who own at least 50% of the land in the area to be zoned to sign a petition for its creation. It would have required a board be established, including three commissioners, either the county surveyor or county clerk and recorder, two citizen members who resides in a different district and a county official appointed by the commissioners.

District 3 Commissioner Josh Letcher had concerns about the zoning district.

“I feel uncomfortable with this,” Letcher said. “We have enough restrictions in the county. I hear many people say that they came from places with too many restrictions.”

But a number of people spoke about the need for zoning.

Bob Bittner, a man who lives inside the proposed zoning district, said that, “No rules, no governing, it’s anarchy.”

He shared some of the negative experiences that occurred while living in other places that didn’t have zoning.

“It’s got to be reasonable government,” Bittner said. “The Montana dream - I can come here and do what I want - is not entirely realistic.”

But the commissioners did opt for the second motion which means the county Planning Board will begin a public process to create the Lower Yaak Zoning District via Part 2.

In a memo from KMR Consulting’s Kristin Smith, she wrote, “In practice, communities across the state have found administration of Part 1 districts to be challenging and have instead opted to utilize Part 2 for consistency in addressing comprehensive land use planning activities. By law, Part 2 zoning must be guided by and consider the general policy and pattern of development set out in the growth policy.”

Smith said the Planning Board would put the district formation on the agenda for its next meeting, which is scheduled for Sept. 19.

The desire for the zoning district by some landowners is mainly in response to the potential development of two subdivisions - the South Yaak and West Pine Creek properties. Commissioners gave the plats preliminary approval at their April 12 meeting. The development must pass muster with other state agencies before any work can be done.

Property owner and developer Owen Baisden (Investment Foundation, LLC), sought approval of a residential and commercial 78-acre parcel of land. He bought it in 2020 and acknowledged at the Aug. 30 meeting that a private school would be on the property.

Baisden currently is the CEO at Turning Winds, a facility in the Upper Yaak that provides treatment for teens 13- to 18-years of age suffering mental health and substance abuse disorders.

Baisden spoke at the meeting.

“Mr. Franke (Matt) has known about our possible addition to Turning Winds. We help kids in need and we’ve had 2,000 through our school since we opened in 2001,” Baisden said. “The only reason a zoning district is being considered because someone, excuse my language, scared the (profanity) out of the other residents.”

Those seeking the zoning district don’t want any commercial businesses In the proposed district, citing concerns for the future of the neighborhood, property values and quality of life.

Matt Franke, a property owner in the Yaak for several decades, said in an interview with The Western News that he realizes there will be growth, but believes the use of a Citizen Initiated Zoning District is a great idea to steer the growth in Lincoln County.

“We don’t want to see commercial development here,” Franke said. “We want to keep it quiet here. We chose to live here because of the peace and quiet and we don’t want to see a lot of junky looking properties popping up.”

Chelsea Franke said she contacted Baisden twice to see if he wanted to be part of the CIZD.

“But I never heard back from him,” she said. “He could’ve worked with us on this, but once we allow commercial development to begin it won’t stop.”

District 1 Commissioner Brent Teske also had concerns about remarks that only certain people living in the area were asked to sign the petition to skew the results.

The boundary of the zoning district will be determined in the planning process.