Whitefish, county agree on planning boundaries

An agreement that shapes new planning boundaries for Whitefish was approved by the county commissioners Monday, ending more than three years of negotiations.

The interlocal agreement shrinks the city of Whitefish's planning jurisdiction from 4.5 miles outside city limits to 2 miles, but gives Whitefish full control of planning decisions within the 2-mile area.

Whitefish may take control of subdivision, lakeshore and floodplain regulations in the 2-mile zone as early as March 1, with zoning control taking effect Sept. 30, but specific dates haven't been worked out yet.

The Whitefish City Council approved the boundaries last September. The commissioners approved the agreement 2-1 on Monday, with Gary Hall and Joe Brenneman voting in favor.

Whitefish City Council member Cris Coughlin asked the commissioners to reconsider giving the city more say over planning that affects the U.S. 93 corridor.

While the commissioners didn't act on Coughlin's request, the agreement contains a compromise that the county will notify the city of any substantial changes as they arise along the highway corridor.

Debbie Biolo was among the people testifying in favor of the new boundaries. She and her husband own Midway Motors about four miles south of Whitefish in the area where planning jurisdiction has overlapped.

"We've been in limbo for almost five years," Biolo said. "We found we were real restricted and limited as to what we can do with our property."

Even though the city and county shared jurisdiction, Biolo said they didn't have the option of going to the county for planning approval. Their property was grandfathered commercial in an area designated in the Whitefish master plan as 20-acre agricultural zoning.

City Council member Tom Muri gave Hall the credit for persevering with the interlocal agreement, noting he "hammered out an excellent document."

Hall's fellow commissioners voted down the plan last September, but Hall rekindled the discussion once new Commissioner Joe Brenneman came on board Jan. 1.

Three Whitefish area residents testified that the new boundaries don't give them a voice in planning decisions since they can't vote in city elections. Commissioner Bob Watne continued his opposition with the same argument.

"I haven't changed my mind," Watne said.

Noting that both Hall and Watne already had their minds made up, Jim Peck addressed Brenneman specifically, asking him to listen to the testimony from a joint public hearing in December 2003, during which he said a majority of those who testified want the boundaries left the way they are.

"It's working; don't mess with it," Peck said.

Muri said he would be happy to meet with people in the 2-mile zone outside city limits and would give them "due consideration" as planning issues arise.

Brenneman said it's inaccurate for county residents to say they're the focus of "taxation without representation" because there are no taxes involved.

"What we're talking about here is influence," he said. "I look at [the interlocal agreement] as a step in the right direction."

Mayre Flowers, representing Citizens for a Better Flathead, pointed out the importance of keeping the joint planning area in place, given the pending neighborhood plan for Whitefish-area state trust lands. She also said county residents have generally liked the checks and balances the joint jurisdiction provided.

Though it's unclear how decisions related to the state lands neighborhood plan will be carried out under the new agreement, Whitefish planner Eric Mulcahy said the Whitefish and Flathead County planning boards will hold separate workshops in February to discuss the state lands plan.

State lands addressed in the neighborhood plan are located both inside and outside Whitefish's 2-mile zone, and the Department of Natural Resources and Conservation agreed to let both the county and city review the plan.

A joint planning board public hearing planned in March may further clarify how state-land planning decisions will proceed.

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