Split zoning approved for recently annexed Highway 93 property

After being put on hold for a couple of weeks, Whitefish City Council recently approved a rezone for a 7-acre piece of property near the end of Pheasant Run that has had significant opposition from residents of a nearby neighborhood.

The request by Jeff Northrup on behalf of Kurt Vickman for a zoning amendment to the recently annexed property west of Highway 93 asked for a change from county zoning to a split zoning of two-family residential and secondary business. The zoning change was approved unanimously by Council at their regular meeting on May 16.

The rezone in this area has drawn opposition from residents of the Park Knoll neighborhood due to density and traffic concerns, but after the developer worked with the neighbors to address concerns most withdrew their opposition at the latest public hearing.

During the May 2 council meeting, Mayor John Muhlfeld and two councilors were absent which led council to postpone the vote on Vickman’s rezoning request despite the fact that Planning Director Dave Taylor said the requested zoning was in keeping with the city’s Highway 93 South Corridor Plan. City staff as well as the Whitefish Planning Board recommended approval of the zoning changes.

The property was annexed into the city in March. It is divided by the future Baker Avenue extension that is called for in city plans, thus leading to the split zoning.

Currently, Vickman’s property is surrounded by three different zones. The zoning to the north of the parcel is industrial, to the west and south it is zoned WLR, and to the east is general commercial.

“We see thoughtfully designed duplex lots as consistent with the need for higher density along this arterial while providing an appropriate transition from commercial to the east and industrial to the north,” Vickman said.

Vickman met with residents of the Park Knoll neighborhood, the area that abuts his property, and with Adam Kincheloe, owner of the lot to the south of the parcel, prior to the May 2 council meeting to discuss the future rezoning. Vickman and the neighbors described that meeting as positive and called Vickman “very reasonable” and “open and honest” but they still disagreed on what zoning would be the most appropriate.

The council’s decision to delay a vote on the rezoning issue allowed Vickman and the neighbors more time to discuss the plan. They were able to pinpoint the biggest concern and come to an agreement. Vickman committed to reducing the density along the southwest portion of the property and increasing the setbacks to 25 feet from the current 20 feet.

Kincheloe and Karen Giesy, a Park Knoll resident, had each spoken in opposition to this issue twice but after discussing the density issues with Vickman they are now in support of the plan but they voiced concerns over the city’s annexation policy and portions of the transportation plan.

“In the December meeting when you approved the Highway 93 Corridor Plan you suggested that development would be discouraged if it didn't have direct access to a light on the highway,” Giesy said. “The people of Whitefish are tired of one thing being said and then you turn around and (you do) something different.”

Park Knoll resident David Hunt had also spoken against the rezoning previously but now supports it.

“That would not be possible without the participation of Kurt and the neighborhood members that are here to address this in a cooperative fashion for a better outcome,” Hunt said. “We achieved better buffering and a lower density in the back which is really what we were always trying to seek.”

Hunt agreed there are problems with the city’s current annexation policy and made a suggestion going forward.

“There are some gaps in the processes for rezoning and development. If there is, maybe a required citizen participation step where you can address these in a better, more candid and open dialog between the neighbors and the developer, we can get some better outcomes,” Hunt added.

Councilor Steve Qunell said he agreed there is some “brokenness in our annexation process” and he hopes the council addresses that. He said the problem is not just in the annexation process, it's in the whole planning process.

“There has to be a way for residents that will be affected, that are nearby any project, to get a chance to come and discuss that with the developer,” Qunell said.