Citizens for a Better Flathead Asks District Court to Rule on Legality of New County Zoning Policy
In light of the Flathead County Commissioners' recent adoption of a new B-2HG zoning policy allowing for strip commercial development and retail sales and service uses along all major roads in the county, and in light of the first application of this zone to a 78.7 acre parcel on US Highway 93 just north of Kalispell, Citizens for a Better Flathead on Friday (1/6/12) filed suit in District Court asking for the court to review and rule on the legitimacy of this new county zoning policy. (Click here to see a map of roads this new zone can be established on) directing Flathead County to revoke the actions they have taken to establish the new business district known as "B-2HG, General Business Highway Greenbelt Zoning District," or, in the alternative, to appear in a court hearing February 2nd, 2012.
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Greetings!
As most of you are aware, Citizens for a Better Flathead has been participating in the public process associated with the county's decision making process in adopting and applying a new B-2HG zoning district for strip commercial development along all major roads in the county for almost two years now. Along with the cities of Kalispell and Whitefish, almost 900 residents have asked the county to not adopt this new zoning policy. Only seven individuals, other than a small group of land owners who wrote and requested this new zone change, have submitted comments supporting this zone.
We have also consistently urged the county not to adopt this new zone and have presented research and analysis as a basis for urging the county to instead work with the three cities and towns along these roads to set standards for limited nodes of neighborhood commercial development and standards for encouraging commercial infill development in existing cities and towns.
This is the development pattern supported by the public in the Flathead County Growth Policy. Any new county zone is required by state law to comply with the Flathead Growth Policy. As stated in the first chapter of the Flathead Growth Policy:
"The concern of seeing Flathead County turn into one continuous sprawling development was expressed in a variety of ways [during the development of the 2007 Flathead County Growth Policy]. Many residents of Flathead County do not want to see strip malls, used car lots, mini storage, warehouse stores, lumber yards, and other visually dominating land uses disrupt the perception of driving between unique rural communities." (Flathead County Growth Policy 2007, p 2) Click here to view all of the possible uses that can now be easily approved for this new B-2HG zone. The Flathead County Growth Policy, along with the neighborhood plans that are part of it, as well as the Growth Policies of the three cities, all contain numerous provisions discouraging a pattern of strip commercial development along roads in the county. A prime concern for us in filing this suit was also the negative economic impact that strip commercial development can have over time in the Flathead. "Citizens for a Better Flathead fully supports the importance of economic development and job creation in the Flathead," says Lynn Stanley, Board Chair of Citizens for a Better Flathead. "We believe that we can grow without destroying the very special characteristics of the Flathead that play such an important role in attracting new investment. There is an extensive body of research showing that communities that discourage highway sprawl and work together instead to direct growth towards existing town centers or appropriate industrial areas, create a quality of life that is attractive for business retention, new private investment, and to current and future residents and workers." (See study resource sheet attached.)
We have compiled a press release that includes background and research that have helped to informed our decision to file suit and covers additional concerns we have including: - Concerns for impacts on road infrastructure and traffic,
- Concerns for the devaluation of investments that have been made by businesses, homeowners and existing cities and town centers.
- Failure of the county to follow important state planning statues including making zoning decisions consistent with the vision set forth in the county growth policy or their own guidelines for consideration of public comment.
Sincerely, Citizens for a Better Flathead
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