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New highway business zone advances

by Shelley RIDENOURThe Daily Inter Lake
| December 14, 2011 11:45 PM

The first request to assign the new business highway greenbelt zone classification to property in Flathead County advanced this week, but not without a challenge.

Flathead County commissioners heard a request to rezone 20 parcels of land covering 78 acres along U.S. 93 north of Kalispell. The properties currently are zoned suburban agriculture 10.

The properties are on the east side of U.S. 93, south of the interchange with Church Drive, generally between Ponderosa Lane and Autumn Court.

About 10 people spoke against the request at the commissioners’ public hearing while two people spoke in support of the change.

After tabling the request for a few days, commissioners voted to change the zoning on 16 of the parcels, covering 64 acres. They removed four parcels that don’t directly front the highway.

The zone change must be advertised and after Jan. 14 commissioners must approve a final resolution adopting the change before it can become effective.

Several of the people who spoke against the zone change singled out the four parcels that were removed from the plan, questioning how they could be included because of their locations.

Commissioner Jim Dupont agreed with their objections. The lots that have no access to U.S. 93, but rather front Tronstad Road.

“The commissioners can amend zoning requests and I recommend we do that because these don’t fit” the requested zone classification, Dupont said.

County Planning Director BJ Grieve said commercial zoning is in place on the parcels of land to the north and south of the properties seeking the zone change. Suburban agriculture zones exist to the west and U.S. 93 is on the east side of the parcels.

Kevyne Guinn told commissioners she opposed the zone change, mostly because of the “disconnected” properties that don’t front the highway.

Guinn said when she moved to the neighborhood, it was agricultural land.

“I was OK with the first zone change,” she said. “I was upset when the first farm land was split, but at least houses went in there.”

Property owners in the area have struggled to maintain their neighborhood and they’ve all suffered from the economic downturn, she said.

“This is not OK with all of us,” Guinn said.

She told commissioners she felt “the serenity of my neighborhood is subject to the whim of a pen.”

Marilyn Noonan, who applied for the zone change, told commissioners all the affected property owners support the new zone classification.

Noonan pointed out that there is “already significant commercial development along this corridor.”

Noonan said the proximity of the lots to U.S. 93 offers the opportunity for “good commercial development.” At the same time, residential development along a highway isn’t always the best option, she said.

And, Noonan said, with the new business zone in place, the existing businesses on some of the parcels could expand.

Speaking for the Ponderosa Homeowners Association, Sharon DeMeester said that group opposes both the request and the new greenbelt zone.

She reminded commissioners that earlier this year when they were adopting the new zone classification, 900 people objected.

The new zone “allows almost unlimited commercial development along roads in Flathead County,” DeMeester said.

Dupont responded that the new zone classification has been adopted and wasn’t up for discussion.

“This fails to adequately consider issues and other cumulative effects of future” highway greenbelt zones, DeMeester said. “I ask that you deny the application.”

Sheri Hammond also spoke against the zone change.

“I’m against the whole 93 thing,” Hammond said. “I have three kids. If commercial goes in there, I can’t use my backyard. Who knows what kind of business will go in there.”

Hammond said she would never have bought a house in the neighborhood “if I thought there would be anything besides houses and ag there.”

Opposition to the zone change also was voiced by Tom Osborne, who wanted to know what the chances would be to ever change the zoning back to suburban agricultural “if all the adverse effects come to pass.”

“I’d guess not much,” he said of the chance to revert to current zoning.

Kalispell attorney Roger Sullivan, representing Citizens for a Better Flathead and Sharon DeMeester, was unhappy that none of the neighborhood plans in place in Flathead County were evaluated as part of the greenbelt zone creation.

He pointed out the cities of Whitefish and Kalispell “have undergone extensive studies to make sure highway development integrates with the community,” but said the county didn’t observe its growth policy in this matter.

“Unless we’re careful with incremental changes, we have potential problems,” Sullivan said.

“The better course of action is to deny the zone change,” Sullivan said. “It impacts folks who’ve lived there for many years and would allow for planning and development in broader context.”

Lynn Stanley said the city of Kalispell’s comments should be given greater consideration by county officials as they evaluate the zone change. And, she said, concerns voiced by residents  should be considered.

In response to the county’s request for comment, Kalispell officials said the proposal doesn’t comply with the Kalispell growth policy. They also said the zone change “would legitimize commercial strip zoning along the Highway 93 corridor.”

“I urge you to deny this map change,” Stanley said.

B.J. Carlson said the county shouldn’t zone more rural property for business until vacant business areas are full.

“It’s distressing to see the number of dark doors in downtown Kalispell,” he said. “Let’s do infill first then go out, not do a quick-fix kind of thing.”

James John, another neighborhood resident, said he could live with the businesses that existed in the neighborhood 20 years ago when he bought his house. That included a dairy, a dump and a veterinary clinic, he said.

But, now the county is changing the rules, John said, and he doesn’t like that.

Mae Osborne told commissioners she stands with the other Tronstad Drive property owners.

She urged the county to do more research to see how the change would affect property owners.

“I desire that you would decline this change in the map,” Osborne said.

Ray Mariscal told commissioners he’s lived on Tronstad Drive for 20 years. He said the proposed zone change “doesn’t make any sense. There hasn’t been any thought to this. The minority wants it, but the majority doesn’t.”

Reporter Shelley Ridenour may be reached at 758-4439 or sridenour@dailyinterlake.com.