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North Meadows preliminary plat approved amid heavy opposition over Ashley Creek setback

December 02, 2025 | Kalispell, Flathead County, Montana


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North Meadows preliminary plat approved amid heavy opposition over Ashley Creek setback
The City Council conditionally approved Resolution 6303 on Nov. 10, which grants preliminary plat approval for the North Meadows subdivision and the three variances the applicant requested. The proposal covers about 12.13 acres and envisions 44 attached single‑family townhouse lots (22 parent lots). The major variances sought were: (1) a reduction of the standard 200‑foot setback from Ashley Creek to approximately 100 feet in portions of the site; (2) an increase in cul‑de‑sac (dead‑end) length from the 600‑foot standard to approximately 870 feet; and (3) an increase in block length from the 600‑foot maximum to approximately 900 feet.

Planner Donnie Macbeth presented a detailed staff report and geotechnical addendum, which recommended a 30‑foot slope crest setback to protect bank stability and concluded no major geotechnical impediments to development if recommended construction measures are followed. Macbeth said the development would be served by municipal utilities, would require residential fire sprinklers because more than 30 units would be served by a single access, and would provide about 6.72 acres of common area/open space with a portion to count toward the parkland requirement.

Residents and stakeholders offered extended public comment. Neighbors and environmental speakers asked the council to retain the 200‑foot setback for Ashley Creek, citing Fish, Wildlife & Parks guidance describing riparian corridors as wildlife movement corridors and expressing concerns about slope stability, historic landslides in nearby Rimrock Court, PFAS in water supplies, pedestrian safety for schoolchildren (lack of sidewalks on an existing short stub of South Meadows Drive), and cumulative impacts. Multiple speakers asked whether the developer had or would need a 3‑10 permit from the local conservation district for work in or near the creek. Others supported the project as preferable infill compared with sprawl.

During council discussion, members debated whether imposing the full 200‑foot setback would render the property undevelopable because a city street alignment could not be built without encroaching on the setback. Staff cautioned that broadly applying a 200‑foot line without project‑specific scientific evidence could expose the city to takings claims if the property were rendered undevelopable. Several councilors urged caution; Councilor Dahlmann explicitly said she would not support changing the 200‑foot setback. Councilor Dowd recused himself, citing prior contact on related matters. In the roll‑call vote on the motion to conditionally approve the preliminary plat with variances, Dahlmann, Fisher and Hunter voted No; Nunnally, Carlson, Graham and Mayor Johnson voted Aye; Dowd was recused. The motion carried.

Staff and the planning commission recommended conditions of approval (32 listed conditions) to address engineering, geotechnical, stormwater, and public‑safety concerns. City staff said additional permits would still be required — including possible DEQ and conservation‑district reviews — before any construction that affected the creek or bank stability could proceed.

What happens next: Because variances were granted, the developer must satisfy the conditions, produce final engineering and site plans, and obtain subsequent permits (stormwater/DEQ/possible 3‑10 permits) before work in or near Ashley Creek or construction can begin. The approval does not authorize immediate earthmoving or creek work; it grants conditional entitlement subject to the listed conditions and later technical reviews.

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