County Planning Board looks at rezone for land adjacent to wildlife management area

A request for a zone change on more than 100 acres east of Columbia Falls goes before the Flathead County Planning Board on Wednesday.

The property, located in Columbia Heights on U.S. 2, looks to be rezoned which would allow for the land to be divided allowing for 112 additional lots. The zoning would change from suburban agricultural SAG-10 to suburban residential R-1.

The county Planning Board meets at 6 p.m. in the South Campus Building at 40 11th St. W. in Kalispell. All decisions by the planning board are considered recommendations and are forwarded to the county commissioners for final action.

A number of public hearings regarding zone changes and subdivisions are also on Wednesday’s agenda, along with a proposal to revise the county’s vacation rental regulations.

For the proposal in Columbia Falls, Location Acquisitions LLC is seeking the zone change for the property that borders the Bad Rock Wildlife Management Area to the north and the west. The property currently contains single-family dwellings and accessory structures.

“Location Acquisitions intends to use the associated land to develop single-family residences. Amending the parcel’s zoning to R-1 will allow landowners to make use of the value of the land and location to meet market demand for housing in the Flathead Valley due to significant population growth,” the developer said in its application to the county planning office.

R-1 zoning allows for homes to be constructed on one-acre lots. The request is only for a zone change at this point, but the application says the change “makes it economically viable to design a potential residential project in such a way as to preserve the distinct agricultural, scenic and recreational character of this area through excellent architectural design and the preservation of significant open space on top of prioritizing large lots with environmentally-minded landscaping.”

The developer, in the application, recognizes that agricultural activities will continue on adjacent land and so expects to include appropriate buffering to prevent conflicts. Residences built on the site will have a comparable residential density to Columbia Heights but a more planned, residential feel than the existing mix of residential, commercial and industrial uses to the east of the property, the application notes.

PUBLIC COMMENTS against the proposal have been submitted to the Planning Department with primary concerns regarding the proximity to the wildlife management area, wetlands and the Flathead River, along with impacts to wildlife and wildlife management. Safety concerns regarding increased traffic along the highway were also listed.

Montana Fish, Wildlife and Parks in its comments raised concerns about the potential loss of a north-south wildlife movement corridor stretching from the Flathead River east to Montana 206. The area is used frequently by wildlife and provides habitat for many wildlife species including white-tailed deer, elk, black bears, grizzly bears, small mammals, amphibians and migratory birds, the state wildlife agency noted.

“Subdivision into single-acre lots on the property will have significant impacts to wildlife on this parcel and in the surrounding area,” state wildlife officials said. “Continued high density development throughout the area will have cumulative impacts to the wildlife species that currently make the Flathead Valley unique.”

The northeast quarter of the project area includes emergent wetland and spring creeks that provide habitat, and important vegetative cover and protect water quality within the Flathead River, the wildlife agency noted, and proposed high-density development absent appropriate setbacks will reduce the area’s functionality and water quality.

THE BOARD will also consider a host of changes to county vacation rental regulations, including creating more specific rules governing such rentals.

Vacation, or short-term, rentals are those that are rented for periods of time less than 30 days under county zoning regulations. Vacation rentals require administrative conditional permit approval.

One update would limit the number of dwellings established for rental housing per tract of record. No more than two vacation rental units would be allowed in several zoning districts, while two or more rentals would be allowed for properties zoned R-4, R-5, RA-1 and B-5.

Another change clarifies the maximum occupancy for the rentals, requiring it to be set by the sewage capacity or the rental as determined by the Flathead City-County Environmental Health Department or the number of bedrooms in the dwellings, whichever is fewer.

Short-term rentals would now be allowed one sign no larger than 1 square foot in size with information to include the property owner, the address or the property management company associated with the rental.

A change adds a requirement that quiet hours be established by the property owner, approved by the zoning administrator, and be enforced by the emergency contact for the property. Hours must also be posted within the rental and in online advertising.

For parking, a short-term rental within the main dwelling must have a minimum of two off-street parking spaces, a rental within the guest house or accessory dwelling shall have a minimum of two off-street parking spaces in addition to the main dwelling, and for dwellings with four bedrooms or more, one additional off-street parking space is required.

The regulations set out that if there are three separate verified violations of the permit conditions or criminal violations related to the operation of the rental then one of two routes would be followed for appeals.

If the rental was approved administratively the zoning administrator has the right to suspend the rental, and the suspension can be appealed to the county board of adjustment to dismiss or uphold the suspension or revoke the permit.

If the rental was approved by the board of adjustments, then the zoning administrator can temporarily suspend the rental pending a board of adjustment hearing to determine the fate of the permit.

ALSO ON the agenda are five other public hearings.

• A request from C&J Land Development for preliminary plat approval of Bitterroot Flats North Subdivision to create four residential lots on about 41 acres. The property is located off Lower Lost Prairie Road.

• A request from Michael Alan Avrick for a zone change on a parcel located off River Road near Kalispell from R-1 to RA-1. The total acreage is about 1.94 acres.

• A request from Laurie Adams for a zone change on a parcel of land at 303 Solberg Drive near Kalispell from R-2 to R-1. The total acreage is 1.54 acres.

• A request from J and E Properties for a parcel of land at 418 Maple Drive, Kalispell from R-1 to RA-1. The acreage involved is less than a half acre.

• A request from Will MacDonald, on behalf of Stillwater Mountain Ranch, for a material change to a previously approved preliminary plat of The Homestead-Chinook Ridge Subdivision. The change would allow the subdivision to be developed in two phases. The property is located at 4538 and 4542 Mountain Home Road.

Features Editor Heidi Desch may be reached at 758-4421 or hdesch@dailyinterlake.com.