Council zones subdivisions

The Columbia Falls City Council dealt with land issues Monday night.

First, the council approved a request to zone Moose Crossing and Cedar Creek South subdivisions. Both were previously unzoned.

The subdivisions are now suburban agriculture with two different designations — one lot per five acres and one lot per 10 acres.

The developments are about two miles outside city limits on the North Fork Road. Cedar Creek South is owned by the city and Moose Crossing is privately owned.

Lots in the subdivisions are currently smaller than five and 10 acres.

“The intent is to put a restriction on the property so no one could change the lots without a public hearing,” City Manager Bill Shaw said.

The concern was that without zoning the lots could be purchased and split into smaller pieces without city approval.

Councilwoman Julie Plevel asked if the change would make the lots non-conforming to the zoning.

Shaw said the change does, but that it isn’t an issue.

“When the city overlaid zoning 30 years ago many of the lots became non-conforming,” he said. “This allows for a public hearing if there are any changes.”

The council also discussed changes in the zoning law concerning clear vision triangles. These are triangular-shaped areas on corner lots that must remain open to maintain visibility at intersections.

Shaw suggested the city drop language concerning the triangles from city code. The concern is that the city may become liable if it does not actively enforce the requirement. Currently, the city deals with removal of obstructions if a complaint is made.

“The liability issue is high for us if someone got hurt,” Shaw said.

The city has jurisdiction over the right-of-ways within the city limits.

The problem is in the city’s planning area which extends about two miles outside city limits. Roads in that area are owned by Flathead County. Most of the right-of-ways outside the city limits are by easement to the county.

After bringing the issue to the Planning Board and City Council, Shaw recommended delaying a decision until more research can be done on the issue.

Mayor Don Barnhart said he was afraid to get rid of the triangle requirement and leave the city without any authority for safety issues.

Assistant City Attorney Stephanie Breck said the law shouldn’t be an issue, but the language might need to be changed.

“(The law) can give you the power to do something rather than saying you must enforce it,” she said.

Shaw and Breck plan to look into the issue further before making a recommendation. The council voted to continue the public hearing on the matter until Dec. 6.

The City Council also announced a public hearing for Dec. 6 on reinstating the city’s curfew for minors. The city began looking at the issue after an increase in night time vandalism.