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Neighbors oppose Whitefish area zone change

by LYNNETTE HINTZE
Daily Inter Lake | June 4, 2015 9:00 PM

A neighborhood campaign is underway to stop a zone change for 62 acres of farmland near Whitefish.

At issue is the zoning on property owned by Evan Shaw north of the intersection of Montana 40 and Whitefish Stage Road. The proposed change would shift zoning from SAG-10, suburban agricultural with a 10-acre development minimum, to SAG-5, suburban agricultural with a 5-acre minimum.

The Flathead County commissioners on May 5 approved a resolution of intent to grant the zone change. However, the resolution stipulates that if 40 percent of the property owners within the Southeast Rural Whitefish Zoning District protest the zone change, it will not be adopted.

John Phelps, a former Whitefish city attorney who lives in the zoning district, is spearheading the protest campaign. He became involved after several neighbors contacted him with concerns about how the zone change could affect the rural quality of life in that area.

About 180 letters were mailed out to residents of the zoning district, asking property owners to formally protest the zone change. The mailing included a protest form that can be signed and returned to the commissioners by 5 p.m. on Monday, June 8.

Neighbors are worried about the precedent the zone change would set for their rural area.

“This zone change could open the door to an ongoing series of additional zone changes in the district,” Phelps said, “resulting in smaller lots and loss of the current rural agricultural and residential character of the district.”

The Southeast Rural Whitefish Zoning District was created in 1996 by a majority of residents in the district. At that time there were ongoing pressures for development and subdivision, and as the economy improves the pressure for more rural growth could return, Phelps said.

“The feeling was that it was easy for people to rezone what’s been in place since 1996 we’d see a lot of it [rezoning],” he said. “All of us value the rural feel of the neighborhood, so we decided to send this out and see how other neighbors feel.”

Phelps said the feedback he’s gotten from neighbors indicates there may be enough opposition to stop the zone change.

“I think we’re going to make a pretty good showing,” he added.

The city of Whitefish and Citizens for a Better Flathead also have formally opposed the zone change, contending it is not consistent with the 2007 Whitefish growth policy and future land-use map that discourages the zoning redesignation of areas outside the city until the city meets a 50 percent threshold on its infill policy.

Whitefish and the Citizens group also argue the zone change is not compliant with the 1996 Whitefish City-County Master Plan, which the county has adopted.

Eric Mulcahy of Sands Surveying, representing Shaw, said during a recent public hearing that Shaw has no immediate plans for developing the property, but having SAG-5 zoning on the property would allow density options for clustering or a planned-unit development.

“The increased densities will help offset the infrastructure costs without creating a subdivision that is out of character in this transition area between urban and rural jurisdictions,” he said.


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