Legals February 28, 2018

No. 2413 WHITEFISH PLANNING BOARD NOTICE OF PUBLIC HEARING The regular meeting of the Whitefish Planning Board will be held on Thursday, March 15, 2018 at 6:00 pm in the Whitefish City Council Chambers at 418 E Second Street. During the meeting, the Board will hold a public hearing on the items listed below. Upon receipt of the recommendation from the Planning Board, the Whitefish City Council will hold a subsequent public hearing for items 1-3 on April 2, 2018 and items 4-7 on April 16, 2018. City Council meetings start at 7:10 pm at 418 E Second Street in the Whitefish City Council Chambers on the second floor. Continuation of discussion on a request by the City of Whitefish to adopt the Wisconsin Avenue Corridor Plan (Edgewood to Big Mountain Road) as an addendum to the 2007 Whitefish City-County Growth Policy (WGPA-18-02) Taylor A request by Judah Gersh to amend §11-6-2A, to add a parking standard for studio and one-bedroom apartments under the multi-family dwelling parking standards. (WZTA 18-02) Compton-Ring A request by the City of Whitefish to rezone a 1.64-acre parcel known as the Snow Storage Lot from WI (Industrial and Warehousing) to WR-4 (High Density Multi-Family Residential) in conformance with the Whitefish City-County Growth Policy, and to enable implementation of the Whitefish Strategic Workforce Housing Plan. The property is located at the corner of Columbia Avenue and Railway Street and can be legally described as Tract ID 3122X36-DEV-3 in S36 T31N R22W, P.M.M., Flathead County. (WZC 18-01) Lindh A request by Robert Marney for a Conditional Use Permit to construct an accessory apartment. The property is located at 104 Columbia Avenue and can be legally described as Lots 1 and 2 in Block 33 of Whitefish Subdivision in S36, T31N, R22W, P.M.M., Flathead County. (WCUP 18-04) Minnich A request by Todd & Lindsey Burris for a Conditional Use Permit to construct an accessory apartment. The property is located at 829 E. 2nd Street and can be legally described as Lot 4, 5, and E18.75 feet of Lot 6 in Block 48 of Whitefish Subdivision in S26, T31N, R22W, P.M.M., Flathead County. (WCUP 18-02) Minnich A request by Moose Run Properties, LLC to rezone a 0.998 acre parcel from a split zoning of WB-2 (General Business District) and WR-1 (One-Family Residential District) to WR-2 (Two-Family Residential District. The property is currently undeveloped with no address, adjacent to Whitefish Avenue, and can be legally described as Tract 1 in S01, T30N, R22W, P.M.M., Flathead County. (WZC 18-02) Minnich Continuation of a request by Whitefish 57 llc for a 70-acre neighborhood plan, an amendment to the 2007 Whitefish Growth Policy, to change the Suburban and Rural land use designations to Urban and High Density land use designations. The properties are located at 6204 & 6208 Highway 93 S and can be legally described at Tracts 3B, 3BB, 3BD, 3BCBA & 7A in S1, T30N, R22W P.M.M., Flathead County. (WGPA 18-01) Compton-Ring Also, on the Planning Board's agenda, but not including a public hearing, is item number 8 below. A public hearing will be held on this item at the City Council meeting scheduled for April 2, 2018. A request by the City of Whitefish to modify the boundaries of the City of Whitefish Urban Renewal District to include a parcel at the corner of Columbia Avenue and Railway Street, known as the Snow Storage Lot, as a blighted area in need of redevelopment and rehabilitation and appropriate for an urban renewal project. Documents pertaining to these agenda items are available for review at the Whitefish Planning & Building Department, 418 E Second Street, during regular business hours and on the City's webpage: www.cityofwhitefish.org under Planning Board. Inquiries are welcomed. Interested parties are invited to attend the meeting and make known their views and concerns. Comments in writing may be forwarded to the Whitefish Planning & Building Department at the above address prior to the hearing or via email: dtaylor@cityofwhitefish.org. For questions or further information regarding these proposals, phone 406-863-2410. WHITEFISH PLANNING BOARD Steve Qunell, Chair February 28, 2018 MNAXLP __________________________

No. 2414 WHITEFISH CITY COUNCIL NOTICE OF PUBLIC HEARING At the regular meeting of the Whitefish City Council on Monday, March 19, 2018 at 7:10 pm, the Council will hold a public hearing on the items listed below. The City Council meets at 418 E Second Street in the Whitefish City Council Chambers on the second floor. A request by the City of Whitefish to update the City of Whitefish Extension of Services Plan, a guide for future provision of City services to areas outside the city currently not served and for territories to be annexed. A request by the City of Whitefish for a zoning text amendment to revise 11-2S, Planned Unit Development, to address blending of densities and other issues, previously continued from the September 18, 2017 City Council Meeting with the public hearing left open. WTZA 17-02 (Taylor) Documents pertaining to this agenda item are available for review at the Whitefish Planning & Building Department, 418 E Second Street, during regular business hours and on the City's webpage: www.cityofwhitefish.org under Planning Board. Inquiries are welcomed. Interested parties are invited to attend the meeting and make known their views and concerns. Comments in writing may be forwarded to the Whitefish Planning & Building Department at the above address prior to the hearing or via email: dtaylor@cityofwhitefish.org. For questions or further information regarding these proposals, phone 406-863-2410. WHITEFISH CITY COUNCIL John Muhlfeld, Mayor February 28, March 7, 2018 MNAXLP _________________________

No. 2412 Notice of Public Hearing on Proposed Amendment of Water Quality Standards Before the Montana Department of Environmental Quality On April 10, 2018, at 11:00 a.m., the Department of Environmental Quality ("department") will hold a public hearing in Room 111 of the Metcalf Building, 1520 E. Sixth Avenue, Helena, Montana, and a second public hearing at Whitefish City Hall Council Chambers, 418 E. Second St., 2nd Floor, Whitefish, Montana on April 11, 2018, at 11:00 a.m., to consider proposed amendments of Administrative Rules of Montana (ARM) 17.30.660 pertaining to nutrient standards variances. The proposed amendments are necessary to adopt by reference proposed changes to Department Circular DEQ-12B ("DEQ-12B"). The department is proposing to modify text pertaining to individual variances. Also, an individual variance for the city of Whitefish ("Whitefish") has been requested, and is included in DEQ-12B. Changes to DEQ-12B pertaining to individual variances are addressed first. The proposed amendment does not amend the general nutrient variance provisions contained within DEQ-12B. Since adoption of the June 2017 version of DEQ-12B, the U.S. Environmental Protection Agency ("EPA") has asked the department to change parts of Section 3.0, pertaining to individual variances, to better align with federal variance rules at 40 CFR 131.14. The department considers these suggested changes minor in nature and would not alter the basic methods by which the department grants individual variances, but recognizes the EPA's approval authority for Clean Water Act purposes. Accordingly, changes have been made to Section 3.1 to better accord with 40 CFR 131.14, and especially 40 CFR 131.14(b)(1)(ii). Other changes include clarification on highest attainable condition requirements for individual variances, and the removal of Section 3.2. Section 3.2 is redundant to existing rule at ARM 17.30.660(4) and therefore would be stricken. Section 3.0 would now contain a sentence which makes clear the linkage between DEQ-12B and ARM 17.30.660(4). DEQ-12B would be amended to contain an individual variance for Whitefish; the variance would apply to their proposed new wastewater treatment facility. Whitefish was granted a general nutrient variance for their existing facility under the previous (July 2014) DEQ-12B. Whitefish's MPDES permit expires on 7/31/2020 and during the next renewal the department may no longer implement the 2014 version of the general variance in their permit. As a result of the 2017 changes made to the general variance, Whitefish is now requesting an individual variance. Individual variances are usually for permittees having financial difficulties meeting general variance treatment requirements. The June 2017 DEQ-12B general treatment requirements are more stringent than those used to derive Whitefish's general variance limits under the July 2014 version. Moreover, the new wastewater facility Whitefish is planning (sequencing batch reactor) will cost the community considerably more than the department's minimum expenditure requirement for justifying an individual variance. For these reasons, Whitefish is requesting an individual nutrient standards variance for the proposed facility. The department has consulted with Whitefish and has determined that no reasonable alternative to an individual nutrient variance exists. The department has reviewed Whitefish's individual variance application based on building and operating the facility described above, and has found that Whitefish's justification for an individual variance is acceptable. The individual variance is planned to be implemented in two phases. In phase I (the subject of this rulemaking), the MPDES permit limit would be based on the new facility's design treatment specs of 10 mg TN/L and 1 mg TP/L. Approximately seven years later, phase II would be implemented. For phase II, the permit would be based on the actual achieved concentrations (presumably better than 10 mg TN/L and 1 mg TP/L) resulting from operational stabilization and optimization. Individual variances must be adopted into DEQ-12B on a case-by-case basis following the department's formal rulemaking process. A copy of proposed DEQ-12B and the technical document containing the Whitefish individual variance application, entitled "City of Whitefish Wastewater Treatment Facilities Individual Variance Request from Numeric Nutrient Standards Substantial and Widespread Economic Impact", may be viewed at the Department's website: http://deq.mt.gov/Water/WQINFO/nutrientworkgroup. Copies may also be obtained by contacting Myla Kelly at (406) 444-3639 or e-mail MKelly2@mt.gov. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer no later than 5:00 p.m., April 3, 2018, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Data, views, or arguments regarding the proposed changes to DEQ-12B-either orally or in writing-may be provided at the hearings. Written data, views, or arguments may also be submitted to Sandy Scherer, Legal Secretary, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to sscherer@mt.gov, no later than 5:00 p.m., April 13, 2018. To be guaranteed consideration, mailed comments must be postmarked on or before that date. February 28, March 7, 14, 2018 MNAXLP ________________________