The Kalispell Planning Commission on Tuesday night backed changes to subdivision regulations that would scrap public hearings on site-specific projects.  

Commission President Chad Graham was the only member to vote against overhauling the public comment process, required under a 2023 state law designed to streamline housing construction.  

“This is where everything starts. This is where everything gets hashed out,” said Graham, referring to the forums that have drawn large crowds when controversial subdivision proposals come forward.  

“It’s a messy process. It can get edgy at times with some of these subdivisions. I just think it’s important,” he added.

If Kalispell City Council approves the new regulations in May, subdivision projects will skip public hearings before the Planning Commission and Council and instead be approved administratively. Annexations and zoning changes will still go through a public process.  

“It takes power away from the Council, which is a voted seat. And it’s inappropriate,” said commission member Joshua Borgardt.  

Residents will only get to provide written comments during a 15-business-day window that opens after city planning staff publishes its initial determination in a local newspaper and alerts property owners within 150 feet of the project. The original bill didn't include any public comment period, but the state Legislature added one in 2024, according to Assistant Development Services Director PJ Sorensen.  

Graham expressed concern that the notification still won’t adequately reach the public.  

“Not everybody is reading the paper, and if they are reading the paper, they’re not looking for Post-its from the city about land use,” he said. 

After the comment period ends, planning staff would assess any input and issue a decision on the proposed project within 20 days. Residents can still appeal the decision to planning staff, the Planning Commission, Council or even Flathead County District Court.  

The provision of the law repealing public hearings is the subject of a lawsuit and remains under review by the state Supreme Court, but the updates must still be made to comply with the state’s May deadline, according to Sorensen.  

Sorensen called the updates the third and most controversial piece of the Montana Land Use Planning Act. The law requires 10 cities, including Kalispell, Whitefish and Columbia Falls, to also adopt a new land use plan and new zoning regulations that promote higher density development.  

“It’s prescribed by state law. We need to make these amendments and follow these procedures,” Sorensen told commission members.

THE COMMISSION also OK’d a request to build a car wash and drive-thru coffee shop off U.S. 2 West near its intersection with the U.S. 93 Bypass.  

Tumbleweed Offices I, LLC is looking for annexation and initial zoning of B-2 (General Business) on four acres currently in the county.  

A request from homeowners on Fourth Avenue West between Fifth and Sixth streets west to require curbside parking permits on their street was also backed by commission members.  

The Westside Parking Management zone was established in 2015 to regulate curbside parking around Flathead High School. Demand for curbside parking far exceeded the available space, resulting in limited open spots, congested streets and compromised road safety, according to a staff report. 

Both requests were forwarded to Council for consideration on April 6.  

Reporter Jack Underhill can be reached at 758-4407 and [email protected].