Moratorium considered on major subdivisions

Discussion will be on the Whitefish City Council's first agenda of new year

Discussion about a potential moratorium on major subdivisions will be on the Whitefish City Council's first agenda of the new year.

"There's no proposal on the table. This is only in the discussion phase," Whitefish Planning Director Bob Horne said.

The Planning Board last week voted to ask the council to discuss the idea of a moratorium at its Jan. 3 meeting. By temporarily halting projects of six or more lots, the city's planning staff would have the time it needs to complete a draft of Whitefish's new growth policy by the October 2006 deadline.

"These [larger projects] take oceans of staff time," Horne said. "We're not talking about stopping development."

Horne said he's been answering questions from developers and Realtors and doing damage control since the Whitefish Pilot last week wrongly called the pending action a construction moratorium.

"This isn't a construction moratorium," Horne stressed. "Construction will go on as usual."

Plats for minor subdivisions, conditional-use permits, zone changes that don't involve a master-plan amendment and variances will continue to take place, Horne said. Major subdivisions that have been approved, such as the 82-lot Bridgewater Trails, also would proceed. However, large projects - such as the proposed Boardwalk at Whitefish Lake - that don't have council approval could fall prey to a moratorium.

A letter from former Planning Board member Don Spivey, suggesting a halt on major subdivisions, provided an impetus of sorts for board action, Horne said, but it was known that city planners would be strapped for time to get the growth policy completed, given the rapid pace of growth in Whitefish in recent months.

In addition to major subdivisions, planned-unit developments also would be considered in a moratorium. Planned-unit development overlay zones long have been the tools of choice for developers doing business in Whitefish, Horne said. By establishing such a zone, the developer is able to vary standards such as setbacks and building height or propose special street designs not found in the city's standard public-works guidelines.

"The ability to vary those standards is what makes the PUD attractive to developers and project designers looking to provide something unique in the marketplace," he said.

City Attorney John Phelps is researching what mechanism the city could use to put such a moratorium in place. It's possible the city could use an urgency ordinance similar to the current drainage ordinance. That law halts new development in sensitive drainage areas until a master utility plan is completed.

Another unknown is how long such a moratorium would remain in place. Horne said 12 to 15 months "is what makes sense." When the growth policy is completed, the city still will have its hands full looking at zoning issues that likely will result from the new growth policy.

If the City Council chooses to move ahead with a major subdivision moratorium, a public hearing would be scheduled for Jan. 17.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com.