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.