Lion Mountain home owners object to critical areas ordinance
Editor's note: This letter was also sent to the Flathead County commissioners.
I am writing on behalf of the Lion Mountain Owners Association board of directors to express our strong view that the drift towards "regulation without representation" in the Whitefish "doughnut" area is not acceptable.
In the past year, our meetings with the Whitefish planning staff began with statements that compliance was voluntary, to today's situation in which we hear talk of full regulatory compliance for the "doughnut" area and no doubt future taxation to support the Whitefish planning operations.
We would welcome a prompt return to county planning jurisdiction.
Lion Mountain has been an operating subdivision for 34 years with some 800 acres and 100-plus residences the majority of which are year-round. An elected board of the owners association manages all community assets and service functions.
Our developer, Tim Grattan, invested in many aspects of our environment and subsequently deeded these assets to the association. Successive generations of the board have zealously guarded and improved our environment.
A short list includes:
? Private road system and safety signage, winter plowing (no chemicals), maintenance such as last year's chip-sealing, and summer dust-abatement on the unpaved portion.
? Private water system brought up to post 9/11 EPA security standards, professionally operated by a licensed engineer and tested per state requirements.
? In 2004, the owners approved and we constructed a recreational beach and private marina. This was designed by Bruce Boody, carefully coordinated with the Whitefish Lake and Lakeshore Protection Committee during design and approved by the Flathead County Commissioners in first review.
? An architectural committee reviews all owner property improvements and new construction under covenant authority. The review includes style and standards such as setbacks that are more restrictive than Whitefish.
Any impact on existing septic systems triggers a requirement to bring that system to latest engineered specification. The last two subdivision phases utilize a communal drain field, inspected annually.
? Since 2004, we have had an aggressive noxious weed program that has largely eradicated them on common areas and assisted lot owners with their eradication. This fall, we were one of the first applicants (18) for the county's forest-fuel management program.
? We have a stringent policy on tree removal on common property; none have been removed in the past eight years.
Lion Mountain is our home, and nobody can care more about our environment and clean water. The board is composed of owners from all walks of life who volunteer their time and knowledge to maintain and improve our environment. We do this at low cost and issue specific effectiveness.
The county's experiment in unrepresentative regulation has been very frustrating to date. We are particularly concerned by the many variants and approaches to the city's Critical Area Ordinance.
I cannot imagine why this contentious issue that particularly affects the "doughnut" area must be rushed to conclusion, and fear worse to come if we do not change course and return to representative Flathead County planning.
Donald Feldman is the president of the Lion Mountain Owners Association.