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Commission approves Forrest family-transfer exemption; commissioners voice concerns over subdivision-like outcome
Summary
Gallatin County approved a family-transfer exemption for Christopher and Kate Forrest that would create four parcels to gift to their children and retain a remainder for long-term retreat use; several commissioners said the proposal resembles a subdivision and urged use of the full subdivision review process, but the motion to approve the exemption passed.
The Gallatin County Commission on Sept. 2 approved a family-transfer exemption for Christopher and Kate Forrest for property at 12600 Camp Creek Road, allowing four new tracts to be created and gifted to the Forrestes' children while retaining a remainder portion for agricultural and retreat uses.
County Planning staff described the proposal as creating four parcels of roughly 22 to 24 acres apiece, carved from larger parent tracts. Don McKay (County Planning) entered a staff report and aerial exhibits into the record and said the application combined a family transfer and a common-boundary relocation; staff recommended proceeding but advised clarity in the submitted certificate of survey.
Applicant Chris Forrest said the property is used for training and for a pavilion and retreat activities; he described the proposal as estate planning. "...it's a way for us to provide opportunity for my family...this is the appropriate time to do all that," Forrest said, noting his training work overseas. His wife, Kate Forrest, described a long-term plan for a community event center with a 50-person pavilion that offers free concerts, plays and instruction.
Several commissioners expressed concern that the family-transfer and boundary-relocation package effectively creates multiple new parcels and resembles a subdivision that would normally be reviewed through the subdivision process. One commissioner argued that the exemption shifts the burden of infrastructure and easement planning to the public and said applicants should be required to pursue subdivision review to ensure protections for future owners and neighbors. "...the difference between an exemption from subdivision...and the subdivision application is that a subdivision application asks the applicant to do a little bit more due diligence to protect future parcel owners," the commissioner said.
After extended discussion about access, easements and the plan for future trust-held community uses, the commission adopted the staff findings and approved the family-transfer exemption. The accompanying common-boundary relocation matter was continued to an uncertain date to allow the applicants to submit a clarified plat and certificate of survey; staff said no additional application fee will be charged for the resubmittal.
