County compromises on water source setback

The Flathead County commissioners last week agreed to retain a 100-foot setback for the city of Whitefish’s primary water source, a key compromise as the county inches closer to adopting zoning in the “doughnut” area surrounding Whitefish.

The county is converting the zoning in the area around Whitefish from city to county classifications following a 2014 state Supreme Court ruling that ceded planning control to the county.

Interim county zoning has been in place for the nearly 13,000 acres for close to two years.

Whitefish city officials had expressed concern over a proposed 20-foot setback for streams in the proposed Big Mountain resort residential zone that includes Second Creek, the city’s main water source. The city’s water quality ordinance had set a 200-foot buffer for streams in that area.

The proposed change will retain a 100-foot undisturbed setback from Second Creek only; other streams in the Big Mountain resort residential zone would fall under the county’s 20-foot setback.

Commissioner Phil Mitchell said he doesn’t believe there’s scientific evidence to support a 200-foot buffer.

“Picking a number out of the air is not acceptable to me,” Mitchell said. “Second Creek is the only one we’re discussing here. I’d be willing to think about different footage for the sake of the city water collection area. I think it’s appropriate we try to work with the city.”

The commissioners last week approved a resolution of intent to adopt the Rural Whitefish Zoning District and five new county zoning classifications. That approval started a protest period that ends March 14.

Then the commissioners will adopt a final resolution on the county doughnut zoning, officially ending a battle that began eight years ago for planning control of the area around Whitefish. The struggle over land-use planning in the doughnut included two rounds of litigation that involved the Montana Supreme Court.

Despite criticism from Karrow Avenue residents who want to retain a minimum lot size of 15 acres in much of that highway corridor, the commissioners stood by a proposal to shrink the minimum lot size in much of the Karrow Avenue neighborhood from 15 acres to 2.5- or 5-acre lots.

Another concern from Whitefish residents was the county secondary business zone proposed for the U.S. 93 South corridor north of Montana 40 that adds permitted uses such as antique, gift and card retail sales, along with stand-alone convenience stores. The commissioners also stood by their decision to add those permitted uses.

Some Whitefish business owners argued the expanded commercial uses along the highway could draw business away from downtown. Whitefish zoning in place before the county interim zoning took effect limited commercial development along the highway corridor to retailers that require more floor space or big parking lots.

“I think this board and staff have worked very hard,” Commissioner Gary Krueger said. “I’m proud of what we’ve come up with and I think we can administer it fairly.”