Whitefish passes temporary growth moratorium

New development in Whitefish will be put on hold for up to six months in some

areas, effective immediately, while the city completes a comprehensive storm-drain plan.

New development in Whitefish will be put on hold for up to six months in some areas, effective immediately, while the city completes a comprehensive storm-drain plan.

The City Council made the decision Monday after less than an hour of testimony that came largely from supporters of a temporary moratorium. In the end, it was hard to argue against Mother Nature and a water table that's slowly recovering from the effects of a multi-year drought.

"I commend the staff for making the recommendation," said Steve Boone, a real-estate agent who lives on Shady River Lane. "We get very few chances to get things right.

Dennis Bee, another real-estate agent who lives in a drainage-challenged area on Voerman Road, said it's "about time" the city figures out routes for adequate drainage.

"It doesn't need to be an anti-growth measure," Bee said. "Please do it right."

The emergency zoning ordinance will suspend for 30 days the processing and approval of most development applications. It initially applies to all lands within Whitefish and a mile outside city limits, but provisions exist to exempt properties served by a viable city storm drain, those in areas with an approved drainage plans and other properties with clear drainage solutions.

City officials will use the 30 days to identify specific sites or areas of critical concern due to a lack of infrastructure, high ground water or hydric soil conditions. Approvals for drainage plans within these areas would remain on hold for up to six months while a utility master plan is completed and the findings of that plan are incorporated into city policies.

The council can extend the ordinance for another year with a two-thirds vote in favor of an extension. Even though the measure is effective immediately, it will still go to the planning board for review, and the council will have the option of amending the ordinance later, based on the planning board's recommendation, according to City Attorney John Phelps.

The moratorium was prompted by a flurry of subdivision applications in areas that have historically had drainage problems. This year, city workers have responded to dozens of complaints and concerns about stormwater runoff patterns being altered by new development, standing water in road ditches, flooded crawl spaces and basements leaking in new homes.

"In spite of everyone's best intentions" development has proceeded in areas of questionable drainage, largely because the drought temporarily dried out swampy areas, Public Works Director John Phelps told the council.

"I believe most projects will be exempted [from the emergency ordinance]," Wilson continued, "and projects in the early stages take several months for planning."

Jeff Bailey was the lone builder who criticized the proposal. While he acknowledged drainage is a "legitimate issue," he said the council should have addressed the issue before now.

Former council member Mike Gwiazdon also faulted the council for not making drainage a top priority until now.

"What's disappointing to me is that these issues haven't been identified a long time ago," Gwiazdon said. "I hope we can prioritize and deal with the main issues and not about making a river come to downtown Whitefish."

Gwiazdon was alluding to a downtown master-plan idea to create a man-made waterway from the Whitefish River to the Wisconsin Avenue viaduct that would be a tourist attraction.

Tom Esch, a Kalispell attorney representing Tom and Betty Triplett, told the council about drainage problems linked to the Great Northern Homes subdivision development off U.S. 93 South, where construction crews pumped water that flooded the Tripletts' field and left 20 inches of water in the crawl space of their home.

"They don't oppose development, but the city has a duty to approve the project only when they can show it won't damage the neighbors," Esch said.

Esch stressed the need for the city to have a comprehensive hydrology study and a plan for urban runoff water.

More than a dozen Whitefish residents applauded the city's proposal to pause development while it gets a handle on drainage.

"I'm sure it's refreshing to act in a pro-active manner," Kerry Crittenden told the council.

There was little council discussion about the ordinance. Council member Velvet Phillips-Sullivan was the only one to speak before the vote. She said she's not "anti-development" but believes in smart planning.

The council voted 4-1 in favor of the moratorium. Erik Garberg voted against the measure, and Doug Adams was absent.

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