TO: Members of Florida's Rainbow River Coalition, the Pine Island Civic Association, and other conservation-minded groups throughout the State of Florida and elsewhere
Two people very familiar to some of you, Mark Penfield and Gerald Dodd (Minnesota developers), have proposed a new subdivision in an area of Montana known as Paradise Valley. The site is along the Yellowstone River just north of Yellowstone National Park. They have proposed a subdivision of unprecedented size in the valley. The beautiful rolling hills will be destroyed, and the creation of poorly planned roads and houses will leave the landscape and the river scarred forever. Your help is needed to stop reckless greed from destructing this beautiful environment. Fortunately, there is still time (although not much!) to stop Penfield and Dodd from doing the same in Montana as they have been trying to do along the Rainbow River near Dunnellon, Florida for the last 4 or 5 years! Our Montana coalition has until Monday, May 7th to persuade the Park County Planning office to vote against the pending development proposal. I am still hopeful that Mr. Penfield and Mr. Dodd can be stopped, and I am reaching out to you for help. If you can make your voices heard before Monday, May 7th, it could have an enormous impact on the local people and the environment here in Park County, Montana.
In the following photos, the sloping hills directly on the other side of the river is the proposed sight of the carelessly planned development by Yellowstone River Ranch, LLC: CONTACT:
Walter Hessert
Phone: 574-850-6631
Email: whessert@gmail.com
BACKGROUND INFORMATION Yellowstone River Ranch, LLC proposes the creation of a major subdivision totaling 99 residential lots ranging from 3 to 45.5 acres. In the past, agriculture production has been the primary use of this land. The Yellowstone River abuts the northwest portion of this property for a distance of approximately 6500 feet. This property has rocky, rolling hills typical for the Paradise Valley floor. The elevation ranges from 4900 to 5030 feet on the southern tip of the property. There is a fairly significant, steep drop off down to the Yellowstone River floodplain and riparian area along the western edge of the property in Sections 23 and 26. Slopes in excess of 15% exist in a number of places on the western side of the property. The property in question is owned by Yellowstone River Ranch Estates, LLC (Jerry Dodd) of Duluth, Minnesota. Mark Penfield, consultant for the developer, William Smith (PE), and Bob Jovick (Attorney at Law) have power of attorney to represent the developer. The Planning Board deemed the application complete on March 21, 2007. Required notification of a public hearing was advertised in the Livingston Enterprise on Monday, April 16, 2007. The public hearing notice and conceptual rendering was sent to adjoining landowners via certified mail on Monday, April 16, 2007. The Park County Planning Board had a site visit on May 3, 2007, followed by a public hearing at the Emigrant Hall. The Planning Board will hold a public meeting on May 17, 2007 to address findings and conditions, and forward a recommendation of approval, conditional approval, or denial to the Park County Commission. The cumulative effects of this and other subdivisions in the area may require the County to construct future improvements such as roads, water and fire services. This subdivision will surely have a major impact on wildlife and wildlife habitat given the size of the property, the close proximity of the Yellowstone River/riparian area, and the amount of construction that will alter wildlife habitat. See the full staff report here. As indicated above, it is the responsibility of the Planning Board to forward a recommendation of approval, conditional approval, or denial of this proposed subdivision to the Park County Commission by May 17th. The Park County Commission has the final decision authority concerning all proposed subdivisions in Park County. It is important to note that, as a result of a prior citizen referendum petition, the Park County Growth Policy is currently suspended. During the Growth Policy suspension time period, subdivision applications do not have to consider an officially adopted growth policy for the area involved.
YOUR HELP IS URGENTLY NEEDED We must join forces to fight such reckless greed and careless destruction of pristine natural habitats that should be held in perpetuity for future generations of Americans. If individuals in the Rainbow River community and elsewhere in Florida are interested in getting involved and sharing their first hand experiences of Mr. Penfield and Mr. Dodd's "development approach," that would be phenomenal. I am including all pertinent contact information below so that individuals may elect to send letters to our Planning Office and to our County Commissioners about their experiences with these people. I very much appreciate in advance your time, effort, and concern for our plight...which is really your own plight...and most certainly Planet Earth's emerging plight! [Any public comment must be received by 5PM May 7th, 2007, so that they can be included in Planning Board packets.] PLANNING BOARD CONCLUSIONS TO DATE The proposed Yellowstone River Ranch Estates Major Subdivision, with the inclusion of the recommended conditions 1 –56, mitigate the effects on the review criteria and brings the subdivision in compliance with the requirements of Section 76-3-608(3), MCA. (This means that without undue PUBLIC COMMENT, the planning board is likely on May 7th to vote to APPROVE the Yellowstone River Ranch, LLC development proposal.)
Under state law, the Park County Planning Board is required to conduct a public hearing on the proposed Yellowstone River Ranch Estates Major Subdivision. The Planning Board shall consider the application, preliminary plat, supplements, public testimony, and it's own staff report before forwarding a recommendation to the Park County Commission.
The Park County Planning Board has the following options available to it at this time: | 1. Recommend approval of the Yellowstone River Ranch Estates Major Subdivision with the Park County Planning Staff recommended findings and conditions; 2. Recommend approval of the Yellowstone River Ranch Estates Major Subdivision with findings and conditions as amended by the Park County Planning Board; and 3. Recommend denial of the Yellowstone River Ranch Estates Major Subdivision. |
HOW YOU CAN HELP As with many environmental causes across the country, time is of the essence. There is a Public Hearing on May 3rd and by 5:00 pm on May 7th – all written comments by the public must be submitted as of that deadline. See the Park County website at http://www.parkcounty.org/ NOTE: Park County has a commissioner form of government. The three county commissioners file from one of three districts in the county, but are elected at large and each represent the entire county. The terms for elected officials in Park County are for four (4) years and are non-partisan. One commissioner runs in the non presidential election year and the other two run in a presidential year.
All legislative, executive and administrative powers and duties belong to the commissioners unless specifically designated to other officials. The commissioners appoint other department heads and employees, except those appointed by other elected officials. All emails to planners, commissioners, and planning board members should be sent through Mike Spencer at mspencer@parkcounty.org. Mike is a Land Use Planner in the Park County Planning Office. PARK COUNTY COMMISSIONERS:
Dr. Larry Lahren, Chair
Jim Durgan
Dick Murphy All snail mail comments should be addressed to the Park County Planning Board and Park County
Commission. They should include (1) the date, your signature, and (3) the address of the person sending the letter. ADDRESS:
City County Complex
Park County Planning Office
Attn: Mike Spencer
414 E. Callender St.
Livingston, MT. 59047 | 
