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Expanded retail on U.S. 93 turned down

by Richard HANNERS<br
| January 21, 2009 10:00 PM

Three weeks after the Montana Supreme Court sided with Whitefish’s request for a preliminary injunction in the city’s suit against Flathead County over the “doughnut” planning jurisdiction, three county appointees joined other members of the Whitefish City-County Planning Board at their regular meeting.

The terms of two of those county appointees, Ole Netteberg and Peggy Sue Amelon, ended Dec. 31, and they were not formally asked by the county to sit on the board Jan. 15. City planning director David Taylor explained that the board has an advisory role only.

The county has begun advertising for the two expired positions. Letters of interest must be received by Jan. 26. The term of the third county appointee, Kerry Crittenden, did not expire.

As their first order of business, the board agreed not to appoint board officers and a representative to the Lakeshore Protection Committee until the new county appointments have been made.

The main agenda item at last week’s meeting, revising zoning for U.S. Highway 2 South, ended up pitting county members against city members. Ken Meckel, the conservation district representative, sided with the city members in the 4-3 vote denying the proposed amendments. Scott Sorenson was absent.

Citing quarter-century-old zoning regulations intended to protect downtown merchants from expanded retail along the highway, Taylor explained that a number of retail businesses had slipped in over time and established themselves on U.S. 93.

The issue came to a head recently when the owners of the Army Navy Surplus store made plans to build a new store and plans were underway for additional retail space on the Walgreens project site.

Recognizing that both the city’s downtown master plan and its growth policy call for protecting retail businesses in the downtown core, planning staff recommended adding just a few additional uses to the highway zoning to bring existing businesses into conformance. These included sporting goods, home furnishings, agricultural supplies, personal services and variety stores.

Bill Halama, the developer of the Walgreens site, sharply criticized the recommendations, saying they were “capricious and arbitrary” and limited business opportunities. He said there was no proof that expanded retail on the highway would hurt downtown.

Rhonda Fitzgerald, representing the Heart of Whitefish downtown merchants association, also opposed the recommendations. Locals do shop downtown, she said, and expanding retail on the highway will harm downtown.

Board member Steve Qunell asked to table the city’s request until a definition of “variety store” could be drafted, but Crittenden called for a vote on his motion.

The city’s request will go to the city council on Feb. 17 with a recommendation for denial.

In other planning board news:

• The board unanimously approved a request from the city to amend city code to allow boat and RV storage on unpaved parking lots.

Whitefish has been designated in nonattainment status by the Environmental Protection Agency for dust particulates called PM10.

Flathead County health officer Joe Russell, however, told city planning staff that boat and RV storage doesn’t generate enough traffic to create a serious dust problem.

During their work on the issue, city planners discovered that boat and RV storage was not directly addressed in the city’s zoning regulations. They recommended allowing boat and RV storage in certain industrial, business and various resort zones with specified setbacks and screening rules.

• A request by North Valley Hospital to amend their campus neighborhood plan was postponed to the board’s March meeting.

• A request by the city to amend code for food vendors and concessionaire stands was postponed to the board’s February meeting.