Lawsuit filed over subdivision on Highway 93

A neighborhood association has filed a lawsuit against the City of Whitefish and a developer over a commercial subdivision approved last month for along U.S. Highway 93 South.

The South Whitefish Neighborhood Association, which was formed by a group of neighbors who have been vocal in opposing development in the area generally between Park Knoll Lane and JP Road, filed the lawsuit on Oct. 15 in Flathead County District Court. Named as defendants in the case are the city, City Council and the developer of the project, Whitefish Housing Group, LLC.

In its lawsuit, the neighborhood association says the project “creates new significant adverse impacts” not addressed by the developer or City Council and the decision by Council is “riddled with legal violations.”

City Council on Sept. 16 on a 5-1 vote approved a preliminary plat request by Whitefish Housing Group for a minor subdivision on about 6 acres just north of the First Baptist Church. The five-lot subdivision is planned to include four commercial lots close to the highway and one residential lot to the west.

Attorney Michelle Tafoya Weinberg is representing the South Whitefish Neighborhood Association.

The lawsuit says the development will “degrade the safety, welfare, wildlife, and aesthetic values” of the area and harm the property values and quality of life of those living in the area including destroying the “residential rural and agricultural character” of the neighborhood, the lawsuit alleges.

The neighborhood association asks the court to declare Council’s decision approving the subdivision as void, saying that Council failed to address the effects of the subdivision on the “natural environment and public safety.” It also claims that the city violated its own subdivision regulations and the Montana Subdivision and Platting Act.

In the findings of fact approved by Council, the city says that the site is located entirely within the urban confines of the city and not mapped as winter range for big game thus the subdivision “should not have a negative effect on wildlife or wildlife habitat.” Findings also said that the subdivision would not have a negative effect on public health and safety because of compliance with fire code and traffic generated would be evaluated when building permits were submitted for specific uses on the site.

The planning staff report noted that the project complies with the city’s growth policy that designates the area as both for general/highway commercial and suburban residential and it also complies with the zoning of the property.

In its lawsuit, the neighborhood association also claims that Whitefish Housing Group submitted its application to the city for a preliminary plat for a phased subdivision, but the city failed to require the developer to provide a schedule for when the subdivider plans to submit for review each phase of the development.

During its Sept. 16 meeting, Council did ask the developer about references in the application in regards to phasing as part of the subdivision. Representatives for the developer told Council that mention of phasing was an error and that the project was intended to be developed as a whole without phasing.

Though it received approval for the preliminary plat, Whitefish Housing Group has not submitted specific plans for what might be constructed on the property.

Last year the property, along with additional acreage surrounding the church property, was part of a much larger project proposed by Whitefish 57 LLC and Eagle Enterprises to develop both commercial and residential uses on 70 acres on the west side of the highway.

That project drew strong criticism from surrounding neighborhoods including the South Whitefish Neighborhood Association. Council ultimately voted to deny that plan in August 2018.