Concerns raised over commercial development in The Lakes

A request to update a decades-old planned unit development for a potential future project in The Lakes neighborhood before the Whitefish Planning Board July 19 drew a full house of concerned neighbors saying commercial development of the property doesn’t match the neighborhood.

The Planning Board recommended approval for a request by 102.5 LLC to convert a requirement of an 18-year-old planned unit development to require a conditional use permit for future development to occur on the lot on River Lakes Parkway. The board voted 5-1, with John Ellis dissenting.

The property is currently undeveloped at northwest corner of River Lakes Drive and River Lake Parkway.

The change would bring modern, updated regulations to the project and better specify what types of development could occur on the lot, Senior Planner Wendy Compton-Ring told the board.

The initial PUD for the broader area was approved in 2000 and required an additional PUD for development on the lot. Without changing that requirement to a CUP, the city would be required to use the PUD regulations from 18 years ago for the property.

“I think back in 2000 [a PUD] was the best tool that the city had available. Since that time, with all the different types of amendments that have happened to the PUD, it’s just not the right tool for this property to develop,” she said. “We’re not changing the ability for this property owner to develop it as commercial — it has been that way for nearly 20 years — it’s just changing the tool from a PUD to a CUP.”

While Rick Barnes, the property owner, has not submitted any formal plans, he told the board he has a vision for a small, community-oriented coffee shop or deli in the location.

“Really what I visualize here is residential combined with a commercial property that I kind of thought would be a coffee shop, something similar to Montana Coffee Traders,” he said. “I didn’t have any sort of interest in building anything that wouldn’t match up with this subdivision.”

Uses on the lot allowed would be any of those permitted in the underlying WR-4 district, and clubs, private and commercial recreational facilities, professional office, restaurants excluding a drive-in, retail sales and services, and any other uses for which justification can be derived on the basis that the use will be compatible with the neighborhood.

Barnes also owns and has sold several other houses on lots around the neighborhood, but said since buying the property he has planned on fulfilling its original purpose of being mixed-use.

“When I purchased this property, it was sold under the premise that it was mixed-use. It was always my intention to develop mixed-use residential and commercial.”

Residents from The Lakes said the idea of a commercial development doesn’t fit the neighborhood at all. Some said that the nature of the neighborhood has changed, noting that 20 years ago there wasn’t any significant development around the lot.

Steve Kane, a resident in the neighborhood, said he’d be happy to see a residential development come about, but he can’t support anything commercial.

“I don’t have any objections at all for utilizing the property for residential property for single family or duplexes, which is consistent with the [surrounding] neighborhood, and I do respect the right of Mr. Barnes to develop the property as well. But in the last 20 years, there’s been tremendous change to the River Lakes Drive area,” he said. “I’m really scratching my head as to how anyone could see that commercial property is going to be a value to this area. It just is not consistent with the neighborhood.”

Mary Kelly, who lives at the lot adjacent to the proposed development, said the lot in question is basically a wetland area currently.

“I’ve lived there for eight years,” she said. “It’s basically a wetland. There’s reeds, there’s standing water most of the year except for the high point of the summer.”

Barnes said he initially had concerns that the lot was regarded as a wetland by the city, but has been assured that it’s not.

Barnes said he’ll do what he can to protect the spaces between his future development and the adjacent stormwater detention pond within reason.

“I want to do everything I can to preserve between what I’ve built and the detention pond, but that’s stormwater runoff. You’re not going to get anybody to designate it as wetlands. And that’s just the sad reality of the society we live in today, he said.

Regarding the wetlands, Barnes surmised the whole area was wetlands prior to development.

“Also, I’m sure that before you built all of your houses on all of your lots that there used to be deer and turtles and wildlife on your property too,” he told the public.

Board member Rebecca Norton said she supported the change because it helps specify what the lot will be used for in a way that benefits the neighborhood.

“I just think that if we don’t come through with a CUP, the public is protected less, but it does mean that the public is required to show up for the public process for this point forward,” she said. “I just think it protects the neighborhood more to go through that process than to not.”

Likewise, board chair Steve Qunell said moving forward, it will be key for the developer and neighbors to work out a solution that serves both parties.

“I think when we hear commercial, we think of a giant building with people coming and going all the time. This is designed for community commercial. It’s always been designed to be a walking community with some sort of commercial purpose that serves the community. Whether that’s something you want or not, that’s something you’ll hopefully be able to work out with the developer,” he said. “From the developer’s perspective, he needs this changed so he can actually start to put together a real plan for what to do there. I haven’t seen a developer yet that really wants to kill communities.”

The request is set to go before City Council for a public hearing and vote on Aug. 6.