County extends Whitefish 'doughnut' interim zoning
The Flathead County commissioners on Monday agreed to extend interim zoning in the “doughnut” area around Whitefish for one more year as the county works toward permanent zoning in that area.
Interim zoning was put in place for the Whitefish doughnut a year ago, replacing Whitefish city zoning classifications with similar county classifications in most cases. The doughnut was under planning guidance by the city of Whitefish until a Montana Supreme Court ruling in July 2014 gave planning control to the county.
A public hearing on Monday drew no comments, although Whitefish Planning Director David Taylor spoke to the commissioners earlier that day, offering the city’s support for the continuation of interim zoning.
The county now will continue working toward permanent county zoning in the doughnut. The Flathead County Planning Board will hold a public hearing at its Sept. 9 meeting.
Senior county planner BJ Grieve said there are several public-process requirements that must be met during the next year, but added he believes the county can complete the process of permanent zoning within that timeframe.
“I’d like to see [permanent zoning] sooner than later,” Commissioner Phil Mitchell said. “With the lawsuit filed with the Shaw property, I want us to be ahead of the game.”
Mitchell was referring to the city of Whitefish’s recent lawsuit against Flathead County over the county’s approval of a zone change to allow smaller lots on 62 acres of farmland owned by Evan Shaw in the doughnut near Whitefish.
Commissioner Gary Krueger asked Grieve what would happen if the county doesn’t adopt permanent zoning in the Whitefish doughnut within the required one-year period. Grieve said ultimately only the state Supreme Court can say.
Grieve said he has heard varying legal opinions. Without permanent county zoning, it’s a murky jurisdictional scenario. The county wouldn’t administer the former Whitefish zoning classifications in the doughnut and Whitefish has no planning control.
There’s some speculation that the former Whitefish zones in the doughnut would be unzoned altogether if the county doesn’t impose permanent county zoning.
The commissioners agreed it behooves the county to work toward permanent zoning.
According to Commissioner Pam Holmquist, “We’re taking a difficult situation and moving things forward as quickly as we can.”
Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.