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County plans for interim doughnut zoning

by Matt Baldwin / Whitefish Pilot
| November 23, 2011 6:47 AM

Most landowners in Whitefish’s two-mile

planning doughnut would rather have Flathead County Commissioners

control their planning. Results from a survey sent out this fall by

county commissioners show that 1,234 votes were in favor of county

control and 471 favored city control.

With that information, commissioners

have decided to take back jurisdiction of the doughnut and

instructed the county planning office to begin preparing an interim

county zoning district.

“[The survey] points us in the

direction to go,” Flathead County Commissioner Jim Dupont told the

Pilot last week. “The doughnut residents have spoken about what

they want.”

The survey asked doughnut landowners,

“Who do you prefer to regulate your property for zoning and

planning purposes?” Voting choices were for Flathead County

Commissioners or for Whitefish City Councilors. Of 3,525 survey

ballots mailed out, 1,705 were returned. Each property owner in the

doughnut was mailed a survey ballot. If a property owner had

multiple parcels of land, they received multiple ballots.

The manner in which survey votes were

tallied is being questioned by some.

Mayre Flowers of Citizens for a Better

Flathead disputes the validity of the survey. She notes that one

address received as many as 58 ballots and that 840 addresses

received three or more ballots. Flowers says for more accurate

results the county should have put the survey question on the

recent election ballot.

“The survey methodology used by the

county is so flawed that the reported outcome... should be seen as

suspect and far from the fair and verifiable results that could

have been obtained, if the county had put this question on a ballot

for voters, as provided for under state law,” Flowers said in a

press release. “How the mailing list was compiled for this survey

card vote is nothing short of mind-boggling.

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While Whitefish city representatives

argue that the 2005 Interlocal Agreement is possibly now in effect

following a majority vote on a ballot referendum to repeal of the

2010 Interlocal Agreement, Dupont said the 2005 document is not an

option and that the county will resist it.

City attorney Mary VanBuskirk was to

meet this week with the county’s attorney to see where each side

stands regarding the 2005 agreement.

Dupont said last week the county would

be open to discussions with the city about planning ideas for the

doughnut. A City-County Planning Jurisdiction Interlocal Agreement

Committee meeting is to be scheduled soon, he said.

Whitefish City Councilor Bill Kahle

said at the Nov. 21 city council meeting that committee

representatives he’s talked to agree that a meeting is

necessary.

“I think it’s important we keep our

proposed meeting,” Kahle said. “They also think it’s important we

get together again.”

Dupont noted that some of the survey

respondents indicated they don’t favor county oversight because

they don’t think the county has planning or zoning regulations in

place. He says that perception is inaccurate.

“We have neighborhood plans and land

use advisory committees all over the county, from the Canyon to

Bigfork,” he said.

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Even with the status of the 2005

Interlocal Agreement up in the air, the county has moved forward in

the process of reclaiming jurisdiction over the doughnut. Flathead

County Planning Director BJ Grieve said commissioners decided at a

Nov. 21 meeting to create an interim county zoning district to

replace Whitefish zoning outside of the city limits.

This will be done by drafting a map

that replaces the existing “W” zones with the closest equivalent

county zone that does not “down-zone” the property, Grieve said,

and generally complies with the existing 1996 Whitefish City-County

Master Plan.

A meeting is planned for Nov. 28 to

discuss guidelines for reacquiring jurisdiction in the area. A

public comment hearing will also be scheduled.

If commissioners eventually approve

adoption of the interim zoning district, Grieve notes, it will only

be in place for up to one year, with the option for a one year

extension.