Article published Jan 30, 2008

County commissioners to vote on rezoning for plant this week

By KARL PUCKETT

Tribune Staff Writer

Lance Olson never dreamed he'd be dealing with the issue of climate change in his role as a Cascade County commissioner.

Olson and fellow commissioners Joe Briggs and Peggy Beltrone will vote Thursday on a land rezoning request that, if approved, would help pave the way for the construction of a $720 million coal-fired power plant called Highwood Generating Station.

In contemplating his vote, Olson has considered not only the impact of the proposed plant on the surrounding landscape, but its potential on the atmosphere as well.

"Global warming is certainly an issue," Olson said. "(As is) the appropriate use of any land in Cascade County for certain types of development."

Olson said Tuesday afternoon that he still hadn't made up his mind on the application by the Urquhart family to rezone 660 acres of farmland to heavy industrial use. The family plans to sell the property to Southern Montana Electric Generation & Transmission, the power plant's developer.

If commissioners approve the rezoning request, there will be a 30-day protest period, followed by a final vote.

Beltrone, a Democrat, said she will vote against the rezoning.

That leaves the outcome in the hands of Olson, the chairman of the commission, and Briggs, both Republicans.

Last year, when commissioners first voted on the rezoning, Briggs and Olson voted for it, while Beltrone said no. The county was later sued over its zoning regulations, which prompted the commission to rescind that ruling, amend its zoning rules and consider the request a second time.

Briggs said he is getting close to making a decision.

"I'm continuing to recheck information," he said.

Beltrone considers the industrial use in the otherwise agricultural setting "spot zoning" and has said that approving the rezoning would be difficult to legally defend. That position has been refuted by SME attorneys.

The proposed power plant site is located eight miles east of Great Falls. In 2007, commissioners approved four rezoning requests to residential and commercial use, but none came close to receiving the scrutiny of the Urquharts' application. A public hearing on the matter earlier this month lasted more than 11 hours.

The Cascade County Planning Board previously conducted its own public hearing before voting 5-4 to recommend approval Dec. 4.

Gary Zadick, an SME attorney, said the company was hopeful the county would follow the Planning Board's recommendation.

"They did a very thorough and objective job, so we're very optimistic," he said.

At the heart of the decision for commissioners is whether the Urquharts' application passes statutory criteria in a 12-step test applied to all rezoning applications. For example, they must determine if the request meets the county's growth policy or promotes public health and general welfare.

Olson called the decision the most significant he's faced as a commissioner.

"Either way, it will make an impact on whether we move forward or not on other types of certain economic development and where they're located," he said.

Briggs said factors in the decision involve whether surrounding landowners will be impacted and whether those impacts can be mitigated.

Also involved are the specifics of the coal-fired power plant, rules of zoning and "quite frankly, the limits of authority of a county," he said.

If commissioners deny the rezoning application, SME could appeal in state District Court, seek a special-use permit, choose another site or apply to have the property annexed into the city, Planning Director Brian Clifton said.