County moves ahead on 'doughnut'

Complete takeover might take 2-3 months

By RICHARD HANNERS / Whitefish Pilot

Flathead County last week took one step further toward taking over Whitefish's two-mile planning and zoning jurisdiction, the so-called "doughnut" area.

By a 2-1 vote, the county commissioners approved a resolution giving the county planning board jurisdiction over the area so it can begin work toward amending the county's growth policy.

It could be two to three months before the county completely takes over planning review in the "doughnut" area, county planner B.J. Grieve said. Until then, the Whitefish City-County Planning Board will operate as usual.

Once the county growth policy is amended to eliminate language referring to the city's current jurisdiction over the area, zoning and subdivision regulations would also need to be reviewed and amended as necessary.

Soon after the city took over planning and zoning for the "doughnut" area in 2005, it implemented city zoning in all areas within the two-mile area that were unzoned. Once the county takes back jurisdiction, it must decide whether to change all the zoning done by the city or leave it as it is.

Another issue not yet decided will be lake and lakeshore protection. The shoreline of Blanchard and Coon lakes and about two-thirds of the shoreline on Whitefish Lake are outside the city limits.

The county might allow the city to continue administering lake and lakeshore regulations, especially in light of the city's offer to hire a law firm in Kalispell to prosecute offenders.

Saving county taxpayers' money was one issue commissioner Joe Brenneman cited at the commissioners' July 10 meeting in expressing his opposition to the county's rescinding its interlocal agreement with the city.

Suggesting it could cost the county an additional $100,000 to take over planning, zoning and subdivision, lakeshore and floodplain regulations from Whitefish, Brenneman said that was money that could be used for dust abatement on the county's many miles of unpaved roads.

Brenneman pointed out that the city was ready to begin negotiations with the county, including addressing the issue of regulation without representation. He noted that the city had even considered creating a "doughnut" governing body with complete veto power.

"We have nothing close to that," he said.

Brenneman also noted all the landowners and developers who were in the midst of drafting plans for new projects. The change in jurisdiction would disrupt their plans.

Commissioner Gary Hall said he disagreed with Brenneman. He said he had tried to work with Whitefish, but it ended up in litigation. He also noted that "doughnut" residents will save money in the long run, but it's hard to quantify.

"It's going to work out just fine," he told Brenneman.

The county conducted a public hearing on the "doughnut" area at the Armory in Whitefish on Wednesday, July 16, as part of the public process to amend the county growth policy.

A staff report by county planners on the suggested amendments reviewed whether the changes comply with the public's vision for the future of Flathead County.

Citing the commissioners' resolution to rescind the interlocal agreement, the staff report said the 7,000-some affected county residents "have had their constitutional rights negatively impacted" and were "significantly impacted by 'enormous costs, regulatory burdens, vitiation of property rights, and potential loss of property values.'"