U.S. 93 zone compromise OK'd
A three-year battle over expanding retail uses on the U.S. 93 strip in Whitefish ended Monday with a compromise.
The Whitefish City Council unanimously approved first reading of a zoning text amendment that will allow some additional permitted uses in Whitefish’s secondary business district on U.S. 93 from Sixth Street to the Montana 40 intersection.
The quest for expanded retail uses began as a way to bring several nonconforming businesses on the strip into compliance. Because there has been no business or zoning compliance licensing system in the city, several businesses that are illegal uses in that zone have been allowed to operate along the highway strip.
The best solution, according to an advisory committee and the Planning Office, was to expand retail uses to include those nonconforming businesses.
But that was easier said than done.
The initial proposal was challenged by the Heart of Whitefish downtown group that maintained current zoning in that district is working because it was created to allow for an area in which larger businesses could operate.
At a public hearing in November 2010, more than 40 people testified that expanding retail uses along the highway would kill the downtown business district. The overwhelming public sentiment favored retaining the charm and uniqueness of downtown Whitefish. Many feared the zoning text amendments would open the floodgate to box stores and cookie-cutter development.
After the council tabled the controversial proposal and it became clear there was an impasse over strip zoning, the city authorized mediators Brian Muldoon and Dru Jackman to work with U.S. 93 and downtown business owners — a group of 19 “stakeholders” — to find common ground.
“This process is a pretty good start,” Muldoon told the council on Monday. “I think we got the job done. It’s a step forward in making Whitefish a community that collaborates.”
The next step will be to conduct a more thorough corridor study that likely would make further tweaks to business uses along the highway strip.
In the mediated deal, hair salons, medical clinics and associated therapeutic health services will be included as retail uses rather than the all-encompassing personal services category. It also was agreed to remove shopping malls from the list of permitted uses and grandfather Mountain Mall.
Instead of allowing the broad retail use of sporting goods, the group decided to list military surplus as a permitted use and create a definition that will allow the Army Navy store to be a legal use.
Other additions to the list of permitted uses are automobile, boat and recreational vehicle rentals, parts and repair; floor coverings, household appliance and electronics stores and convenience stores within automotive service stations.
While several citizens lauded the collaborative effort, Whitefish attorney Sean Frampton said he felt the process was flawed because he was unable to join the stakeholders group after Muldoon said “no lawyers at the table.”
Frampton said he also was unable to get meeting notices and minutes of the meetings, and was told only shortly before Monday’s council meeting that minutes do exist. He represents developer Bill Halama, who built the Walgreens store and adjacent Riverview Plaza. Halama lives out of town and had asked Frampton to represent him as a stakeholder.
Ian Collins, who participated in the mediation sessions, said he believes Frampton and Halama “had ample opportunities” to participate.
“Approve this and send the message that it’s not OK to parachute in at the 11th hour when you don’t get your own way,” Collins told the council.
City Manager Chuck Stearns said meeting notices were posted on the door of City Hall as required, and that he had provided Muldoon’s notes of the meetings to one citizen. Council member Chris Hyatt said minutes of committee meetings should be provided.
Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.