City, county split "doughnut" zoning

Lakeshore regulation on Whitefish Lake will likewise be divided

By RICHARD HANNERS

Whitefish Pilot

Flathead County took one more step toward taking over responsibility for Whitefish's two-mile planning and zoning jurisdiction on Oct. 20.

The county commissioners voted 2-1 to take over zoning and subdivision regulation on any land within the so-called "doughnut" area that currently has Flathead County zoning designations, but not land with Whitefish designations. Joe Brenneman opposed the resolution.

Flathead County planning director Jeff Harris said the county intends to rezone all 70 areas with Whitefish zoning at one fell swoop sometime next year. In the meantime, the city will continue to administer planning and zoning on land with Whitefish zoning.

The city placed Whitefish zoning designations on dozens of unzoned areas in the "doughnut" shortly after signing an interlocal agreement with the county in February 2005 that gave Whitefish jurisdiction over the "doughnut." The city did the rezoning in three phases.

With the commissioners' vote, land on both sides of U.S. Highway 93 for one mile south of Highway 40 is now under county jurisdiction, with SAG-5 and AG-20 zoning. The city has asked that a corridor plan be completed before commercial zoning is approved there, in order to protect the gateway entrance to Whitefish.

Harris said the county is in the process of developing a new zoning designation with 2.5-acre minimums that will be useful for the Riverdale Neighborhood Plan and other areas as well as the Whitefish "doughnut."

Dealing with the commercial node on Highway 40 at Dillon Road, which is provided for in the city's 2007 growth policy, will take more time as the county will revert back to the city's 1996 master plan.

"That area was planned for rural residential, not commercial," Harris said.

The joint city-county transition team no longer exists, Harris said, and he wasn't sure if the commissioners will fill county vacancies on the Whitefish City-County Planning Board. The county is not advertising to fill those positions.

He said information about him "disbanding" the planning board was "blown out of proportion" because he doesn't have that authority. But he said he believes the planning board is tied to the interlocal agreement, which the commissioners voted to rescind on March 13.

The commissioners' most recent vote removed all reference to the interlocal agreement from the county's growth policy and also gave the county responsibility for administering lakeshore and floodplain regulations within the "doughnut." Whitefish Lake will revert back to regulations as they existed before the city took over sole jurisdiction about four years ago.

Harris, who recently met with Whitefish Lakeshore Protection Committee chairman Jim Stack, said he hasn't yet reviewed the committee's proposal for new, updated regulations, but he wants to see consistency as the city and county divide work on Whitefish Lake.

Harris confirmed Stack's interpretation that the county will honor all lakeshore permits that were issued by the city and support any denials by the city. The county will also actively pursue any new or outstanding violations and seek full restoration and compliance from property owners and contractors.

"So, very little will change for lakeshore owners or permit applicants," Stack said. "However, any violations will now go directly to prosecution in Flathead County District Court."

Lost Coon Lake will remain under the same regulations for Whitefish Lake, but Blanchard Lake will now fall under the same county regulations for Echo Lake and other lakes in the county.

Harris said these are not the best of times to ask for a budget increase to handle the additional work involved with the "doughnut." He noted that the county planning department received more applications in the last fiscal quarter than for the same period in 2007.

"Our work is not slowing down," he said. "But the types of requests area changing " we're seeing more requests for zoning changes and less large subdivisions. This means the processing time is still there, but there's a reduction in fees."