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Record of Proceedings

Butte-Silver Bow Planning Board Meeting: Subdivision Approval and Zoning Ordinance Hearing – October 29, 2026

Council of Commissioners & Committees — Thursday, October 29, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, October 29, 2026
StatusNEW · FILED
Video Record
0:00 / 1:45:10

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Jim Ayers · Speaker 1Inferred

1:29

Oh.

Speaker 2

1:43

Thank you for joining us tonight, ladies and gentlemen.

1:45

We're just gonna wait one more minute for our last board member.

Unassigned speaker

2:04

All

Speaker 2

2:05

right, we'll get started.

2:10

All right, I'll call this meeting to order on October twenty ninth for the planning board.

2:15

First, we'll do a roll call of members.

2:18

Stephen Coe, Margot Enns, Mark Garf, Julie Jackshaw, Josh O'Neill, Mike McLeod, Bart Riley, I'm Matt Steitzer, and Macy Sulser.

2:37

We've established a quorum.

Unassigned speaker

2:41

All

Speaker 2

2:41

right, we'll do approval of minutes next from August twenty-seventh and September twenty-fourth.

2:47

Does anyone have any corrections

Speaker 3

2:48

to the minutes?

Speaker 2

2:51

If there are no corrections, we can take a motion to approve.

2:56

Move by Mr.

2:57

Garf, second by Mr.

3:00

Co.

3:00

All in favors of improving the minutes from August 27th and September 24th.

3:05

Say aye.

3:06

Aye.

3:07

All opposed.

3:08

Motion passes.

3:12

The first item on our agenda tonight is a minor subdivision, the preliminary plat of the Liebengooth minor subdivision.

3:22

An application by Scott and Susan Liebengooth, owner, and Everly and Associates representative to create one new tract from an existing tract of land for rural and rural residential development.

Speaker 4

4:10

Tonight we're hearing a proposal and application by Scott and Susan Lieben Gooth owners and Robert Everley of Everlean Associates as representative for a preliminary plat for a two-lot minor subdivision, creating two lots, one measuring uh forty-four point six five acres and another nine point nine seven acres with an existing home and sanitation facility.

4:33

In the vicinity, the north and west are the four bar 7 minor subdivision, Flint Creek Estates, and Vernon Heights number two minor or major subdivision.

4:44

And then to the west and south is I 90 and other low density rural residential, and to the east, grazing land and low density residential.

4:56

Here's an aerial photograph of the parcel in question, just to sort of provide you with a little more orientation to the south and east is the neighborhood of Ramsey, and you can see the interstate exits there just to kind of give you some orientation.

5:12

The parcel is currently not zoned.

5:17

You can see the delineation of the proposed plat.

5:21

The existing home would be located on lot B2, which is located to the south and east of the remainder or the majority of the lot, which is 44.65 acres, which is comprised of tract B1.

5:35

Here are some vicinity photographs on a beautiful blue sky day here in Montana.

5:40

The approach to both parcels from the MDT right of way at North Ramsey Road.

5:48

Another more distant and pulled back photograph of that same approach and sort of the general nature of the property itself.

5:56

And then this is the same property that you can see as you are looking west from North Ramsey Road.

6:04

So as required by Montana State statute, we are evaluating based upon the primal criteria within the Butte Silverbow subdivision regulations.

6:13

The first of which is the potential effects on agricultural and actual agricultural waterways or water users.

6:20

The surrounding land use in this area is predominantly low density residential housing with interspersed with some grazing land that is used for agricultural production.

6:31

The grazing land to the east is fenced, and the proposed subdivisions should not impact any livestock movement as is as fences are in place.

6:41

A unique feature of this property is that the property includes a natural spring, which bears a weir and an irrigation channel with lateral ditches that serve both the Liebanguth property but also the property adjacent and to the southeast.

6:55

The water rights, there are two for this property that are co-owned by the applicant and the adjacent property owner.

7:02

As evaluated, we see no compromise to the efficacy of the water system or the water rights.

7:12

An easement is provided as part of this subdivision, and this easement has been ordered from District Court cause DV 2320, which provides access to the water facility and ensures access for the maintenance of both the reservoir and the ditch as it relates to the Liebanguth property and the adjacent property owners' use of their water right.

7:34

On the plat, the easement is depicted as you can see on the snapshot here of the red line, which provides the preferred access, given the landscape and constraints of the property to access both the spring and the pond reservoir where those waters lie.

8:00

Effects on local services.

8:02

The Butte Silverbow subdivision regulations require new lots to connect to public road water sanitary sewer infrastructure when feasible.

8:10

However, these properties are outside of the 300 foot connection requirement that is required by ordinance.

Unassigned speaker

8:24

A

Speaker 4

8:24

little panic there.

8:27

So the lots are proposed to be served by individual well and septic systems.

8:33

The tract B1 would be evaluated by the Butte Silverbow Health Department.

8:40

Tract B1 is intended to take a sanitary exclusion until the time of development of the parcel.

8:46

The owners of this property have no intent to sell or to develop this property in the immediate future.

8:53

And tract B2 is the existing Liebanguth residence, which has an existing permitted well and septic system.

9:01

Legal and physical access to the property is provided by North Ramsey Road, and the driveway approach that exists on the property has been structured such that it will be considered a road, providing access to both parcels, and it will be named Bar 01 Road.

9:18

In the Butte Silver Bow Addressing Ordnance, any time a road passes through more than one parcel, it needs to be named.

9:25

And so that was the selected name for that.

9:28

It should not see any additional real capacity at the Ramsey Rocker Elementary School, East Middle School, or Butte High School, as it's just the potential addition of one residence, but they would be available to serve.

9:44

All disturbed land, besides driveways and building sites, must be reclaimed and reseeded post-construction if we do see redevelopment on any subdivided parcel to ensure that we're not seeing massive erosion or stormwater impacts on the natural environment.

10:00

We have also sent the proposal on to Fish Wildlife and Parks, which has noted that this subdivision isn't an area of concern for pronghorn migration and elk migration, but the comment that was provided by Fish Wildlife and Parks was that this property would not see any likely impact to those species given that it's just the addition of one additional residence.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████65%
Historic Preservation████████12%
Environmental Protection███4%
Data Center Development██3%
Aviation and Airport Development██3%
Procedural██3%
Water And Wastewater Management█2%
Community Engagement█2%
Public Engagement█2%
Summary of Proceedings

Butte-Silver Bow Planning Board Meeting – October 29, 2026

The Butte-Silver Bow Planning Board met on October 29, 2026 (2026-10-29) with a quorum of all nine members present. The board approved previous meeting minutes and the Liebengooth minor subdivision preliminary plat, then held a public hearing on the proposed replacement of Title 17, the county zoning ordinance, and voted not to refer the draft to the Council of Commissioners until further revisions are made.

Call to Order and Minutes Approval

  • Chair Matt Steitzer called the meeting to order and confirmed a quorum: Stephen Coe, Margot Enns, Mark Garf, Julie Jackshaw, Josh O'Neill, Mike McLeod, Bart Riley, Matt Steitzer, and Macy Sulser.
  • The board approved the minutes of the August 27 and September 24 meetings without corrections. Motion by Mark Garf, seconded by Stephen Coe; voice vote carried unanimously.

Minor Subdivision: Liebengooth Preliminary Plat

  • Staff presented the application by Scott and Susan Liebengooth, with Everly and Associates as representative, for a two-lot minor subdivision. The proposed plat would create a 44.65-acre tract (B1) and a 9.97-acre tract (B2) containing the existing home and sanitation facility. The parcel is currently unzoned and is near Ramsey, I-90, low-density residential areas, and grazing land.
  • The property includes a natural spring, weir, irrigation channel, and lateral ditches; the water rights are co-owned with an adjacent property owner. A court-ordered easement from District Court cause DV 2320 would preserve access for maintenance of the water system.
  • The lots would be served by individual well and septic systems, outside the 300-foot connection requirement to public infrastructure. Tract B1 would have a sanitary exclusion until development; Tract B2 has an existing permitted well and septic system. Access would be via North Ramsey Road, and the driveway would be named Bar 01 Road under the county addressing ordinance.
  • Fish, Wildlife and Parks indicated no likely impact to pronghorn or elk migration. Staff recommended conditions including wildlife-friendly fencing per FWP's 2012 best practices, an approved weed control plan with a bond, and required fire sprinklers for any new construction.
  • Staff recommended approval subject to eight conditions. Bart Riley moved approval, Josh O'Neill seconded, and the motion carried on a unanimous voice vote.

Public Hearing: GEN AMD 25-1 Zoning Ordinance Update

  • Director Julia Crane presented the application by the Butte-Silver Bow Planning Department to repeal and replace Title 17, the zoning ordinance, for the first major update since 1978. She described the process as including 107 individual participants, more than 400 written comments, 30 one-on-one meetings, six open houses, five planning board meetings without a public hearing and four with public hearings, four code revisions, and a resulting 354-page, 15-chapter document.
  • Crane summarized the draft code's chapters: new zoning districts aligned with the comprehensive plan; building and development-type standards; use-specific conditions; general measurement and lot standards; parking maximums rather than minimums; landscaping, buffers, and open space; rewritten sign standards; environmental and brownfields/superfund provisions; administrative procedures; nonconformity rules; enforcement; and updated definitions.
  • Recent map changes included extending the historic overlay boundary along Mercury Street and Broadway Street from Montana Street west to Excelsior Street, incorporating updated Bert Mooney Airport shapefiles into the airport overlay, and expanding the heavy industrial gateway boundary southerly in response to an October 23, 2026 comment from the Hanson family.
  • Data center provisions and definitions were redlined out of the draft because the Council of Commissioners is considering an interim zoning ordinance for data centers. The billboard amortization schedule was removed, but the draft retains a prohibition on off-premise signs in Silver Bow County.
  • Crane presented additional proposed shipping container regulations: containers could not be used as occupiable space; they could not display shipping markings except one tracking series; existing containers would be grandfathered if they met accessory structure standards; residential zones would require a minimum 10,000-square-foot lot and screening when adjacent to a public right-of-way; commercial zones would require a commercial building permit and screening; and the earlier requirements for engineered foundations, paint color, and siting were removed. Crane confirmed these specific changes were not yet in the published draft.
  • Other recent changes discussed included extending historic review approval periods from 18 months to 24 months with a possible 12-month extension and requiring photographic documentation when historic resources are demolished or removed.

Public Comments and Testimony

  • Cassie Wick (820 West Mercury Street; owner of 5518 Designs and property at 27 North Main Street) supported the zoning modernization, saying updated codes would create predictable processes, encourage investment, and preserve Butte's character.
  • Jim Ayers (13 Laird in Ramsey) said he previously opposed the zoning map but now supported the plan after the planning director addressed Ramsey residents' concerns; the revised map allows local commercial use.
  • Holly Hansen, part owner of the Silver Bow Drive-In, appreciated the county's responsiveness, preferred that the drive-in be expressly allowed in the zone, and supported the boundary adjustment and April 1 light-dimming change.
  • A speaker from CLR Services thanked staff for the shipping container revisions.
  • Chris Harris (823 North Excelsior) raised concerns about historic preservation and ghost signs, arguing the county does not own those signs, access could be denied, and the provisions could create takings issues. He recommended review by a land use attorney before approval.
  • Jennifer Plut, owner of Elk Meadows Realty, said the proposed 10,000-square-foot minimum for shipping containers would be problematic in Butte because lots vary in size and a 3,000-square-foot lot would require four lots to meet the threshold.
  • Logan Warner (5100 South Warren Trailer 25) raised consistency concerns about manufactured and mobile home definitions, opposed the 10,000-square-foot shipping container minimum, and said the draft's 8,000-square-foot lot requirement for small-scale ground-mounted solar systems was too restrictive for smaller Butte lots and could discourage modern solar installations.
  • Another speaker, addressed as Mr. Moore, said a recent state law prohibits treating manufactured homes differently from regular homes and urged the board to correct the definitions before approval.
  • Eric Sweet and Allie Carly, representatives of Lamar Advertising, asked the board to remove the signage chapter from the ordinance for further discussion. They opposed uncompensated removal of billboards, appreciated the removal of the amortization schedule, and proposed a cap-and-replace program and public-private partnerships instead of a complete off-premise sign ban.
  • The chair also noted written public comments from Mike Flannick, Bert Mooney Airport, Shanna Adams, and several shipping-container commenters.

Board Discussion and Direction

  • Planning board members praised Director Crane and staff for the size and quality of the zoning update.
  • During questions, Director Crane said residential lot coverage rules would generally limit the number of shipping containers on a property, but commercial zones have no lot coverage limits, so the board could consider container maximums for commercial and mixed-use zones.
  • Crane said existing uses would be grandfathered in; property owners would need to follow the new rules when making future changes. She noted the draft reduces some minimum lot sizes, including removing minimum lot sizes in areas such as Centerville and Walkerville.
  • Regarding data centers, Crane explained that the Council of Commissioners has authority over an interim zoning ordinance, and any resulting permanent regulations would later come back to the planning board for public hearing and recommendation.
  • After the public hearing, the board discussed whether to approve the draft conditionally. Director Crane recommended allowing time to republish the revised draft, particularly for shipping container rules, the Bert Mooney Airport/FAA technical requirements, and manufactured/mobile home definitions.
  • Mark Garf suggested having an outside land use attorney review the historic preservation and ghost sign provisions. Crane said she would confer with the county attorney about internal capacity or the need to seek outside counsel.
  • Mark Garf also asked about solar regulations; Crane explained the intent was to preserve yard vegetation and encourage rooftop solar, while Garf said he did not want to discourage renewable energy installations.

Key Outcomes

  • The board approved the August 27 and September 24 meeting minutes.
  • The board approved the Liebengooth Minor Subdivision preliminary plat, subject to the eight staff conditions.
  • The board voted not to recommend the draft GEN AMD 25-1 zoning ordinance to the Council of Commissioners.
  • The board directed planning staff to return on November 19, 2026, with a revised draft incorporating public comment and staff's proposed changes, including shipping container regulations, the Bert Mooney Airport/FAA overlay updates, manufactured and mobile home definition verification, and any needed historic preservation and ghost sign legal review.
  • The vote to postpone referral and schedule the November 19 hearing carried on a voice vote with no opposition heard.

Meeting Transcript

Oh. Thank you for joining us tonight, ladies and gentlemen. We're just gonna wait one more minute for our last board member. All right, we'll get started. All right, I'll call this meeting to order on October twenty ninth for the planning board. First, we'll do a roll call of members. Stephen Coe, Margot Enns, Mark Garf, Julie Jackshaw, Josh O'Neill, Mike McLeod, Bart Riley, I'm Matt Steitzer, and Macy Sulser. We've established a quorum. All right, we'll do approval of minutes next from August twenty-seventh and September twenty-fourth. Does anyone have any corrections to the minutes? If there are no corrections, we can take a motion to approve. Move by Mr. Garf, second by Mr. Co. All in favors of improving the minutes from August 27th and September 24th. Say aye. Aye. All opposed. Motion passes. The first item on our agenda tonight is a minor subdivision, the preliminary plat of the Liebengooth minor subdivision. An application by Scott and Susan Liebengooth, owner, and Everly and Associates representative to create one new tract from an existing tract of land for rural and rural residential development. Tonight we're hearing a proposal and application by Scott and Susan Lieben Gooth owners and Robert Everley of Everlean Associates as representative for a preliminary plat for a two-lot minor subdivision, creating two lots, one measuring uh forty-four point six five acres and another nine point nine seven acres with an existing home and sanitation facility. In the vicinity, the north and west are the four bar 7 minor subdivision, Flint Creek Estates, and Vernon Heights number two minor or major subdivision. And then to the west and south is I 90 and other low density rural residential, and to the east, grazing land and low density residential. Here's an aerial photograph of the parcel in question, just to sort of provide you with a little more orientation to the south and east is the neighborhood of Ramsey, and you can see the interstate exits there just to kind of give you some orientation. The parcel is currently not zoned. You can see the delineation of the proposed plat. The existing home would be located on lot B2, which is located to the south and east of the remainder or the majority of the lot, which is 44.65 acres, which is comprised of tract B1. Here are some vicinity photographs on a beautiful blue sky day here in Montana. The approach to both parcels from the MDT right of way at North Ramsey Road. Another more distant and pulled back photograph of that same approach and sort of the general nature of the property itself. And then this is the same property that you can see as you are looking west from North Ramsey Road. So as required by Montana State statute, we are evaluating based upon the primal criteria within the Butte Silverbow subdivision regulations. The first of which is the potential effects on agricultural and actual agricultural waterways or water users. The surrounding land use in this area is predominantly low density residential housing with interspersed with some grazing land that is used for agricultural production. The grazing land to the east is fenced, and the proposed subdivisions should not impact any livestock movement as is as fences are in place. A unique feature of this property is that the property includes a natural spring, which bears a weir and an irrigation channel with lateral ditches that serve both the Liebanguth property but also the property adjacent and to the southeast. The water rights, there are two for this property that are co-owned by the applicant and the adjacent property owner. As evaluated, we see no compromise to the efficacy of the water system or the water rights. An easement is provided as part of this subdivision, and this easement has been ordered from District Court cause DV 2320, which provides access to the water facility and ensures access for the maintenance of both the reservoir and the ditch as it relates to the Liebanguth property and the adjacent property owners' use of their water right. On the plat, the easement is depicted as you can see on the snapshot here of the red line, which provides the preferred access, given the landscape and constraints of the property to access both the spring and the pond reservoir where those waters lie. Effects on local services. The Butte Silverbow subdivision regulations require new lots to connect to public road water sanitary sewer infrastructure when feasible. However, these properties are outside of the 300 foot connection requirement that is required by ordinance. A little panic there. So the lots are proposed to be served by individual well and septic systems.

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