Council approves U.S. 93 zoning compromise

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 was 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.