Missoula News

Planning and Zoning

County Commission Postpones Rock Creek Zoning Hearing

By Stefanie Kilts, 4-18-07

It is back to the drawing board for the Rock Creek zoning proposal as all three Missoula County Commissioners voted Wednesday to postpone the hearing to allow for more discussion.

The County Commissioners hesitated on voting for zoning standards that were labeled by the deputy county attorney as “targeted zoning” and urged the Rock Creek Protection Association to work with the Office of Planning and Grants to create a plan that would more adequately, as one Rock Creek resident said,"… protect the area and respect what exists there.”

The zoning district for Rock Creek was created last December after the RCPA brought the citizen-initiated zoning proposal to the commission in reaction to a proposed 36-lot subdivision. But the real question still up in the air has been what the zoning standards—i.e. density and uses—would be within the district.

At the January 24th meeting, the Planning Board made recommendations for a density of one dwelling per 15 acres for the 500-acre, 14-parcel district at the confluence of Rock Creek and the Clark Fork River. However, the commission did not accept those recommendations and this week’s meeting was a reconsideration of that rejection.

County Commissioner Barbara Evans said to the residents of Rock Creek that postponing the hearing and continuing discussion on zoning “… will protect your valley much better then what you have proposed.”

County Commissioner Bill Carey agreed, saying : “I like the idea of doing something more holistic.”

Alan McCormick, who represents Michael Barnes, the developer of the proposed subdivision said, “This is targeted zoning… and targeted zoning is illegal.”

However, Deputy County Attorney Mike Sehestedt stressed that the zoning would not “stop or apply to” Barnes’ subdivision. However, if Barnes’ subdivision was not approved then the zoning that is enacted would apply to any future subdivisions proposed on the same site.

The main issue discussed during the meeting was what the zoning would do to the two existing commercial uses in the district, the Rock Creek Fisherman’s Mercantile and Ekstrom’s Stage Station, a family restaurant and RV park, if for some reason the businesses would have to be rebuilt.

Mike Sehestedt, chief civil deputy county attorney, made it clear that if the zoning standards were adopted and one of the businesses burned down, it could not be rebuilt. But if exceptions were made the result would be “to police power and use it to restrict one landowner in the zoning district.” This would ultimately result in “a tapestry of special exemptions.”

John Menson, president of the RCPA, urged the commission “to pass a set of standards that will protect the environment in the long-run” but wanted to include a clause that would protect the two commercial properties.

Evans said she had made it public that she supported the zoning because it is “far fairer and far more palatable for people to zone themselves” but she suggested the possibility of a joint zoning district with Granite County to protect the entire area along Rock Creek.

Others suggested redefining the district boundaries so it covered the entire area of interest or creating special sub-districts that would divide the district into sections that would accommodate both commercial and residential purposes.

Like this story? Get more! Sign up for our free newsletters.