Whitefish looks at critical areas law changes
The Whitefish City Council will consider various changes to the critical areas ordinance during a public hearing tonight.
The zoning text amendments, aimed at making critical areas regulations more user-friendly, would be adopted as an ordinance reflecting a new name - the water quality protection ordinance.
The Whitefish City-County Planning Board held three work sessions on the proposed changes prior to a public hearing in December, at which the board recommended approval of the text amendments.
However, the Planning Board also forwarded a memo to the council outlining a number of aspects of the regulations that could be further improved, concentrated and clarified.
"The Planning Board did want the council to know that they were acting on the council's request to address the slope issue primarily rather than completely rewriting the document and they felt they achieved that goal," City Manager Chuck Stearns said in his council report. "They also indicated they are willing to continue working on the document to improve it, but requested additional direction."
One of the biggest changes is to focus slope concerns only to areas within 200 feet of lakes, rivers, streams and wetlands where slopes are 10 percent or greater.
In its memo to the council, the Planning Board noted it has concerns the mapping section is too vague, and that it could be difficult to determine precise boundaries of critical stormwater conveyances without city review and involvement in the Whitefish planning area.
The board further pointed out that the critical areas regulations were written for both land-use planning and actual development, which adds to the complexity.
The critical areas ordinance was passed in 2008 but has drawn criticism through the years for being too complex and expensive. Developers and real estate agents have argued the law makes it difficult to put values on property within the Whitefish planning jurisdiction, the two-mile "doughnut" that's the focus of a power struggle between the city and county.
IN OTHER BUSINESS, the council has two other public hearings scheduled.
The first hearing is a request to vacate the final plat of Edgewood Business Center Subdivision. Timberland Construction got approval several years ago for a 37-lot industrial subdivision between Edgewood Drive and East Second Street, and was granted a couple of plat extensions. The current developer, Fidelity National Timber Resources, has determined the project no longer is economically viable.
The second hearing will consider an application from Great Northern Brewery General Manager Marcus Duffey for a special event zoning waiver to use a sky spotlight during a beer barter event and the Whitefish Winter Carnival on Feb. 4.
The council will consider authorizing the consultant selection process for an engineering firm to design the Skye Park pedestrian bridge and trails planned in the Birch Point Drive area.
The council also will consider a resolution modifying and approving the Whitefish Business Rehabilitation Loan Program as an eligible urban renewal project for the use of tax increment revenue.
During a work session that begins at 5 p.m. the council will discuss possible dates for a joint meeting with the Planning Board for a review of the growth policy. The Whitefish Convention and Visitors Bureau will give a briefing about its marketing plan, and the council will review the proposed amendments to the critical areas ordinance.
The regular meeting begins at 7:10 p.m.; both meetings are at Whitefish City Hall.