HomeMy WebLinkAbout04-22-19 City Commission Packet Materials - A4. Policy Discussion on Revisions to Res 4400, the City's 2012 Annexation Policy1
REPORT TO: Mayor and City Commission
FROM: Andrea Surratt, City Manager SUBJECT: Policy discussion on revisions to Resolution 4400, the City’s 2012 Annexation
policy.
MEETING DATE: April 22, 2019
AGENDA ITEM TYPE: Work Session
RECOMMENDATION: That the City Commission consider suggested revisions to the annexation
policy and give direction on acceptability and related implementation.
STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices. Prioritize long-term investment and maintenance for existing and
new infrastructure.
4.3.e) Annexation of Islands and Critical Adjacent Lands - Investigate the development of new annexation policies to address long term tax fairness for public services, locations of infrastructure, and
locations for future infill and growth.
GROWTH POLICY:
Chapter 12 Public Services and Facilities Goal PS-3: Establish regular and sufficient funding sources to acquire, develop, and maintain public
services, and meet the community’s needs.
Objective PS-3.3: Encourage the annexation of wholly surrounded parcels, while recognizing the
financial impacts on small properties without redevelopment options.
Implementation Policy
14) Coordinate City actions so that adequate infrastructure is made available to support the land use
principles in the Bozeman Community Plan.
b. Pursue annexation of the areas which are wholly surrounded by the City.
c. Investigate options for developing funding support for annexation for restricted income owners of surrounded parcels or which do not have potential for significant further development.
BACKGROUND:
During development of the Strategic Plan, staff and the Commission recognized that pockets of unannexed land within the City create issues for expansion of City infrastructure, create logistical issues
Commission Memorandum
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for the provision of services, and have implications for fairness of taxation to existing city residents. The
result is the addition of the above strategic plan item. This work session will be the first of several work
and policy meetings during the course of 2019 to implement the Strategic Plan item.
This work session is focused on two items:
• Background information on existing annexation practices and policies and the introduction of
draft policies to address annexation of properties wholly surrounded by the City; and
• A discussion on the requirements and procedures to annex property that is wholly surrounded.
This work session does not seek to identify which groupings of wholly surrounded properties will be
annexed first; that analysis is not yet complete. Nor does this work session request the Commission
adopt the draft policies. Rather, the purposes of this work session is to introduce the broad range of issues that will need to be addressed as the City moves forward with annexation of wholly surrounded property.
Current Annexation Process: From January 1, 2013 to date the City has processed 30 annexations. The
City Commission first adopted a formal policy for annexation in 1984 by Resolution 2502. The City has revised the policy five times since. The current annexation policy is established by Resolution 4400, which is attached. The City’s policy has been to invite and welcome annexation by the landowner. The
City has only initiated annexation of its own property.
State law provides the procedures for annexation of property into a municipality. Title 7, Chapter 2, parts 42 through 47 set the rules for several methods of annexation. Each method of annexation contains certain restrictions on its use so different methods may be needed for different locations. All forms of
annexation must address how municipal services are made available to the annexing area. The City has
relied upon Part 46, annexation by petition, to process privately initiated annexations. Part 46 explicitly
addresses landowner-initiated annexations. The law also authorizes the City to initiate the annexation process. Parts 43 (contiguous lands) and 45 (wholly surrounded land) address the processes of City initiated annexation.
All forms of annexation must address how the City will make municipal services available to the
property being annexed. The provision of services may be addressed either through a negotiated agreement or by a provision of services plan. The City has used negotiated agreements consistent with its annexation policy for landowner-initiated annexations. Where a negotiated agreement is not desired
or possible the provision of services can be addressed through a provision of services plan. The required
contents of a provision of services plan are set out in 7-2-4732, MCA.
To fulfill the Strategic Plan, the Commission will need to adjust the current annexation policies to reflect City-initiated annexation under the wholly surrounded process and contiguous lands process. We
provide information and discussion on possible changes to the annexation policies we believe necessary
to initiate annexations of wholly surrounded land.
Proposed changes Staff proposes the Commission consider several changes to the annexation policy.
1) Amend the policy to have two parts. Part A establishes policies for when the landowner requests the
City to annex them. Part A is mostly a continuation of the existing annexation policy but adds
additional clarity and specificity. Part B would establish policies for when the City initiates an
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annexation. Part B addresses both situations where the annexation is wholly surrounded or when the
property is adjacent to the City but not wholly surrounded.
2) Revise Part A to update goals to explicitly state and correspond to City practice, include reference to
a broader range of municipal services affected by annexation, and state goals in active rather than passive voice. 3) Revise Part A to coordinate with other City policies for public notice, reduce costs of annexation
applications in defined circumstances, and state a process to exchange information with Gallatin
County.
4) Part B sets priorities for City initiated annexation. The City wholly surrounds over 30 distinct pockets and more where landowners are receiving some municipal services. These pockets are highly varied in their land use, proximity of utility lines, intensity of use, number of parcels, and influence on
other City priorities such as those shown in the annual CIP.
5) Part B establishes a practice for addressing zoning concurrently with the annexation.
6) Part B sets policies for how provision of services will be addressed, application of City standards, and coordination with other agencies.
Provision of Services and Provision of Services Plans
I suggest the City continue to use negotiated agreements to address the provision of services wherever
possible. Where a negotiated agreement is not feasible, the City must rely on a provision of services plan.
A provision of services plan is dependent upon facility and capital planning. Analysis of annexation
proposals is supported by the City’s facility plans. The facility plans identify needed streets, water,
sewer, and other facilities to support urban intensity land use. Each plan is prepared with public input. Locations of existing and planned major facilities are available on the City’s Infrastructure Viewer. The
full plan text is available at the Engineering Division’s web page.
A provision of services plan must contain certain elements as required by State law. See 7-2-4732,
MCA. Rather than list each in detail I provide a hyperlink to a webpage. We will be available to answer questions during this agenda item as to the scope of a provision of services plan and its required
contents. I believe it important to note here that the scope of what the City can create for a provision of
services plan is broad. On one hand, while the City must make services available, it is not required, at its
own costs, to extend sewer and water services. On the other hand, the City could choose to do so; that is,
the City could choose to finance the extension of physical infrastructure. Or, somewhere in between where the City could pay for a portion of costs, or only certain types of infrastructure. As such, over the
next work sessions we will request the City Commission consider to what extent the City should actively
be involved in paying for the extension of municipal sewer and water services to newly annexed areas.
We provide the city of Whitefish’s 2018 Extension of Services Plan as an example. I suggest the Commission read through this plan paying particular attention to the manner in which Whitefish adopted
recommended policies for the extension of services (pgs. 29 - 34). The City may consider similar
policies
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We propose to prepare a general provision of services plan adequate to meet all legal requirements.
Supplements to address the unique attributes of each area to be annexed will also be prepared.
Wholly Surrounded: We propose the Commission focus on areas within the City that are wholly surrounded by the City. Wholly Surrounded is the term used by the Montana Legislature in Title 7, chpt.
2, part 45. “Wholly surrounded” means a tract of land which it is impossible to reach without crossing
city territory. Calvert v. City of Great Falls, 154 Mont. 213, 217 (1969); Houston Lakeshore Tract
Owners Against Annexation Inc. v. City of Whitefish, 2017 MT 62, ¶ 23. The “four corners of an area
need not touch city territory in order for it to be ‘wholly surrounded’”. Id. (citing Calvert). Property need not be wholly contiguous to the city in order for it to be wholly surrounded by it for purposes of
annexation. Id.\
Certain properties may not be annexed. This includes land used for agricultural, mining, smelting,
transportation or industrial or manufacturing. Also, the Legislature provided that land used for other uses cannot be annexed under the wholly surrounded provision. These include land used for maintaining or
operating a golf or country club, an athletic field or aircraft landing fields, a cemetery, or a place for
public or private outdoor entertainment.
Under 7-2-4502, wholly surrounded land is annexed if so resolved by the City Commission regardless of whether a majority of the real property owners of the areas to be annexed object and the question of
annexing wholly surrounded land is not subject to be voted on by the registered voters of the areas to be
annexed. In essence, as the caption for this statute states, protest to annexation is not available under the
wholly surrounded method.
We will not be ready to discuss an analysis of each pocket of unannexed land and whether it qualifies
for annexation under the wholly surrounded method. We intend to conduct that analysis late summer
into fall.
Adjustments to Bozeman Municipal Code: The City’s municipal code and practices reflect the City’s longstanding policy of waiting for the landowners to initiate annexation. Some municipal code changes
are needed to respond to a change in practice to City initiated annexations. As an example, the City has
established many payback districts where future users reimburse the party who initially installed
infrastructure. Paybacks exist for water, sewer, stormwater, streets, and traffic signals. Several of these
paybacks rely on annexation as a triggering event. If there is no negotiated annexation agreement there is a question on how these payback districts will operate. A code revision will answer these questions.
The location and number of payback areas may be seen on the City’s Infrastructure Viewer. To turn on
the information select the Payback Area layer under the Additional Layers group.
What comes next There are several changes to the municipal code that are needed to execute the suggested updates to a
revised annexation policy. Staff proposes to prepare the text revisions and have them adopted by
ordinance in advance of the adoption of the revised annexation policy (alternative 4). It will take 4-5
months to prepare the text revisions and carry them through the adoption process.
Upon provisional adoption of the code revisions the revised annexation policy will be formally
advertised and reviewed at a public meeting prior to any action of adoption. The effective date of both
the code changes and annexation policy will be coordinated.
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As for public engagement, Staff will prepare a process description and general timeline on how the City
will work to engage landowners. This will not only satisfy the requirements of state law but will also
help manage expectations, provide transparency, and implement the strategic plan Engaged Community elements.
At a future work session, Staff will prepare and provide summaries of the different wholly surrounded
areas, correlation with CIP projects or other City priorities, and other information needed for the
Commission to give direction on which areas to consider for annexation. Depending on the number and character of areas to be processed the City may need to contract for services in support of the annexations. Contracted services may include surveying, preparing noticing lists, and engineering
design.
The location of wholly surrounded areas are shown on the City’s Community Development Viewer as the outlined city limit areas within the larger city limits. A map of the City limits is attached.
UNRESOLVED ISSUES: Commission will give direction on desired revisions to the draft policy and
proposed approach.
ALTERNATIVES: 1) Direct Staff to bring back a revised annexation policy for adoption
2) Direct Staff to bring back a revised annexation policy for adoption with revisions
3) Direct Staff to bring back a revised annexation policy for adoption with or without revisions, with
code amendments as needed to implement the policy to follow 4) Direct completion of required code amendments to be coordinated with adoption of the updated
annexation policy
FISCAL EFFECTS: None at this time.
Attachment: DRAFT revised annexation policy
Resolution 4400 – Current annexation policy
Example municipal services plan from Whitefish MT
Map of current City limits
Report compiled on April 12, 2019
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COMMISSION RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING AND RE-ESTABLISHING GOALS AND POLICIES FOR ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND
SUPERSEDING COMMISSION RESOLUTION NO. 4400. WHEREAS, the City of Bozeman wishes to establish updated comprehensive annexation goals
and policies, to provide for orderly, well-planned growth; and
WHEREAS, adoption of such goals and policies will provide our community with clear guidelines
for informed annexation proposals; and
WHEREAS, goals and policies of the City may differ depending on who initiates an annexation
proposals; and
WHEREAS, the City establishes these goals and policies in accordance with annexation statutes
as set forth in Title 7, Chapter 2, Parts 43, 45, 46 and 47, M.C.A.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
PART A – LANDOWNER INITIATED ANNEXATION Section 1
Goals
The following goals are hereby established for the consideration of annexations to the City of
Bozeman.
1. It shall be the goal of tThe City of Bozeman to encourages annexations of land contiguous to the City.
2. The City shall seek toencourages annex all areas that are totally surrounded by the City to annex, without regard to parcel size.
3. The City encourages shall seek to annex all propertiesy currently contracting with
the City for City services such as water, sanitary sewer and/or fire protection to annex.
4. It shall be the goal of tThe City of Bozeman to requires annexation of all land
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proposed for development lying within the existing and planned service area
boundary of the existing of the municipal water and sewer systems as depicted in
their respective facility plans Bozeman Growth Policy, any land proposed for development that proposes to utilize municipal water or sewer systems, and to encourage annexations within the urban growth area identified on the future land use map in the current Bozeman Growth Policy.
5. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land.
6. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time.
7. The City prefers annexation of parcels of land larger than five ( 5) acres in size, but will not prohibitallow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation.
8. The City seeks to obtain adequate water rights with annexation.
Section 2 Policies The following policies are hereby established for the consideration of all future landowner initiated
annexations to the City of Bozeman.
1. Annexations shall include dedication of all easements for:, rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, Class I public trails not within the right of way for arterial or collector streets, water rights and waivers of right to protest against the creation of special or improvement districts necessary to provide the essential services for future
development of the city.
2. Issues pertaining to master planning and zoning shall must be addressed prior to or in conjunction with the application for annexation.
a. The initial application for annexation shall must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said the amendment process
must bemay be initiated by the applicant property owner and completed
conducted concurrently with the processing prior to any action for approval of the application for annexation.
b. Initial zoning classification of the property to be annexed shall will be
determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with prior to finalreview of the annexation approvalpetition.
c. The applicant mustmay indicate theirhis or her preferred zoning classification
Commented [CS1]: 5-7 are from initial annexation policy in 1984. #5 Helps avoid creating new holes.
Commented [CS2]: State law encourages combining public hearings for these two events.
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as part of the annexation applicationpetition.
3. Fees for Aannexation processing procedures shall will be established by the City Commission. No fee will be charged for any City-initiated annexation.
4. It shall beis the general policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless there isis the landowner proposes a method to provide for construction of the road to the City’s street standards.
5. Prior to annexation of property, it shall be the policy of the City of Bozemanwill require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 38.23.180 of the municipal code, as amended.
6. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If it is found thatthe City determines adequate services
cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the City to may require the applicant property owner to provide a written plan for accommodation of these services, or the City may reject not approve the petition for annexation. Additionally, annexation proposals that would use up infrastructure capacity already reserved for properties lying either within
undeveloped portions of the City limits or lying outside the City limits but within identified sewer or water service area boundaries, shall generally not be approved.the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan.
7. It isshall be the general policy of Tthe City of Bozeman to requiremay require annexation of any contiguous property for which city services are requested or for which city services are currently being contractedprovided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is
required as a condition to initiate or continue such service, to consent to annexation
of the property serviced by City.
8. The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Service. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived.
9. It shall beis the policy of Tthe City of Bozeman towill assess a system development/
impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code, and accordance with the Bozeman Growth Policy and other policies as they are developed.
10. Public notice requirements: shall be in compliance with Montana Code Annotated. In addition, nNotice for annexation of shall must be coordinated with the required notice for the zone map amendment required with all annexation. posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using last declared county
real estate tax records, not more than forty-five days nor less than fifteen days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City
Commented [CS3]: No longer relevant since City initiated annexations will be addressed in Part B.
Commented [CS4]: Code changes will be needed in this section.
Commented [CS5]: Removes an impediment to annexation but provides for mapping when needed.
Commented [CS6]: State law encourages coordination of zoning and annexation hearings. By tying to the ZMA process we keep the code and policy synchronized.
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Commission. The zone map amendment notice shall must contain the materials
required by Section 38.220.410 38.40.020.A & B.1, BMC.
11. Annexation agreements shall must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time
period is specifically identified by the City Commission.
12. When possible, the use of Part 46 annexations is preferred.
13. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the District after transferal to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that
address the same subject.
14. The City shallwill notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation.
15. It is the policy of theThe City towill require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved
by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The applicantproperty owner must contact
the City Water and Sewer Superintendent to verify disconnects of wells and septic systems.
PART B – CITY OF BOZEMAN INITIATED ANNEXATION Section 1 Goals The following goals are hereby established for the consideration of the City initiating annexations
to the City of Bozeman.
1. The City prioritizes annexations that facilitate provision of public infrastructure,
coordinate with planned capital improvements, and provide for public health and safety.
2. The City seeks to annex all areas that are totally surrounded by the City, without
regard to parcel size.
3. The City seeks to annex all property where the City currently provides City services such as water, sanitary sewer and/or fire protection. In addition, any person, firm, or
corporation receiving water or sewer service outside of the City limits is required as a condition to initiate or continue such service, to consent to annexation of the property serviced by City.
Commented [CS7]: We are just starting to see annexations where these are in place. The continuation is governed by state law. Here we express our overall approach, specifics would follow state law in effect at the time.
Commented [CS8]: County Planning is the agreed upon point of contact for the County.
Commented [CS9]: All of Part B is new. Therefore, no editing marks to show changes are needed.
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4. The City is guided by its facility plans and the current edition of the Bozeman growth
policy in determining initiation of annexation.
Section 2 Policies The City Commission establishes the following policies for the review of City initiated annexations
to the City of Bozeman.
1. City initiated annexations must be prioritized as follows:
a. Priority 1 is City owned property adjacent to or surrounded by the City, or privately owned property that will facilitate acquisition of rights-of-way for collector and arterial streets, water, sanitary sewer, and storm sewer utilities, and any other infrastructure deemed necessary to provide or improve essential services for future development of the city. The City’s annual capital
improvement program and infrastructure facility plans are the lead documents for identifying needed right-of-way or facility improvements.
b. Priority 2 is annexation of property to address public health concerns due to
known or anticipated near term failing sanitation systems.
c. Priority 3 is annexation of all other wholly surrounded parcels not meeting priority 1 or 2; and non-wholly surrounded parcels connected to municipal
water or sewer systems.
d. Priority 4 is annexation of developed property adjacent to the City, not meeting a higher ranked priority, but unable to be reached without crossing
the City or reliant on other City services.
2. Issues pertaining to master planning and zoning must be addressed in conjunction with the annexation.
a. The initiation of annexation must be in conformance with the future land use map of the current Bozeman growth policy. If a growth policy amendment is necessary to establish an urban future land use, the City must complete the
growth policy amendment prior to the City initiating the annexation process.
b. The City Commission must determine the initial zoning classification of the property to be annexed, in compliance with the Bozeman growth policy, and
upon a recommendation of the City Zoning Commission, simultaneously with the processing of an annexation.
c. Unless requested otherwise by a majority of the owners of the property to be
annexed, the City will apply the municipal zoning district that most closely matches the uses presently on the site and corresponds with the future land use map of the Bozeman growth policy.
3. No fee for application processing will be charged to a landowner for any City-
initiated annexation.
4. The City must prepare a provision of services plan for any area to be annexed
Commented [GS10]: You are not going to have an application.
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adequate to meet the requirements of 7-2-4732. This plan may include one or more
areas to be annexed. Infrastructure and emergency services for an area proposed for
annexation will be reviewed for the health, safety and welfare of the public. If the City determines adequate services are not presently available to ensure public health, safety and welfare, the provision of service plan will address the manner in which they are to be provided.
5. The annexation resolution must be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived.
6. Payback agreements: The City may require annexed property to pay into a payback agreement that benefits the annexed property in accordance with [NEW BMC SECTION].
7. System development/ impact fees in accordance with Chapter 2, Article 6, Division 9, Bozeman Municipal Code, apply after annexation is complete.
8. Where a road improvement district exists that includes the property to be annexed the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the District after transferal to the
City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject.
9. The City will require connection to and use of all City services upon development of
annexed properties. The City may establish a fixed time frame for connection to municipal utilities, installation of sidewalks, streets, etc. in the provision of services plan. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, wells on
the subject property may be used for irrigation, but any potable uses must be supplied
from the City water distribution system and any wells disconnected from structures. The applicant must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems.
10. Public notice requirements: Notice for annexation of must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by Section 38.220.410, BMC.
11. The City will notify the Gallatin County Planning Department and the Fire District providing service to the area of initiation of annexation proceedings by the City.
12. Resolutions of annexation must be executed and filed with the Gallatin County Clerk and Recorder within 60 days of approval of a resolution of annexation, unless another time period is specifically identified by the City Commission.
13. The City will not be limited in the legal authority for annexation but will generally use the provisions of Title 7, Chpt. 2, parts 45 and 43 MCA, as it deems most appropriate to the property to be annexed.
Commented [CS11]: To be developed.
Commented [CS12]: This is a disclosure for transparency. It does not alter applicability which is set by ordinance.
Commented [CS13]: State law encourages coordination of zoning and annexation hearings. The 200 foot distance coordinates with our land development noticing standards. There is no requirement to do this just for annexation, however we have to for the zone map amendment.
Commented [CS14]: This time allows for coordination between agencies and property owners as needed to ensure the transition is a smooth as possible.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the ___th day of __________ 2019.
____________________________________ Cynthia A. Andrus Mayor
ATTEST:
____________________________________ Robin Crough City Clerk
APPROVED AS TO FORM:
___________________________ Greg Sullivan City Attorney
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Co.t .
COMMISSION RESOLUTION NO. 4400
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, REVISING AND RE-ESTABLISHING GOALS AND POLICIES FOR
ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND
SUPERSEDING COMMISSION RESOLUTION NO. 3907.
WHEREAS,the City of Bozeman wishes to establish updated comprehensive annexation goals and
policies,to provide for orderly, well-planned growth, and
WHEREAS, adoption of such goals and policies will provide our community with clear guidelines
for informed annexation proposals and
WHEREAS,the City establishes these goals and policies in accordance with annexation statutes as
set forth in Title 7, Chapter 2, Parts 43, 45, 46 and 47, M.C.A.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
Goals
The following goals are hereby established for the consideration of annexations to the City of
Bozeman.
1. It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
2. The City shall seek to annex all areas that are totally surrounded by the City,without
regard to parcel size.
3. The City shall seek to annex all property currently contracting with the City for City
services such as water, sanitary sewer and/or fire protection..
4. It shall be the goal of the City of Bozeman to require annexation of all land proposed
for development lying within the service boundary of the existing sewer system as
depicted in the Bozeman Growth Policy, and to encourage annexations within the
urban growth area identified in the Bozeman Growth Policy.
1 of 4259
Resolution No. 4400, Goals and Policies for Annexation
Section 2
Policies
The following policies are hereby established for the consideration of all future annexations to the
City of Bozeman.
1. Annexations shall include dedication of all easements,rights-of-way for collector and
arterial streets, water rights and waivers of right to protest against the creation of
improvement districts necessary to provide the essential services for future
development of the city.
2. Issues pertaining to master planning and zoning shall be addressed in conjunctionwith
the application for annexation.
a.The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy, If a Growth Policy Amendment is necessary to
accommodate anticipated uses, said amendment process may be initiated by the
applicant and conducted concurrently with the processing of the application for
annexation.
b.Initial zoning classification ofthe property to be annexed shall be determined by the
City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission,prior to final annexation approval.
C.The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
3. Fees for Annexation procedures shall be established by the City Commission.No fee
will be charged for any City-initiated annexation.
4. It shall be the general policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property.
5. Prior to annexation ofproperty,it shall be the policy ofthe City of Bozeman to acquire
adequate and usable-water rights, or an appropriate fee in lieu thereof, in accordance
with Section 38.23.180 ofthe municipal code, equal to the avefage annual&vefsien
requirement neeessai=y te pr-evide he arAieipated Epiefage af.-iffial eenstmVtieii efv elef
by fesideiAs aftd/ef tiser-s ef the pr-eperty when fully develeped en the basis of the
zoning designation(s). The -&-ee may be iised to aequire water- r-i&s af fe
4s te the water systeffi whieh would er-eate additiena4 walef stipp
eapaeib,, This peliey may be &ubjeet to the fellewing
exeepti
a.Fer-afty aiine Eatieii in eNeess eften(10)aer-es,it shall be eaffied efft pfier-to final plat
appreval, final site plan appreva4 or- 4te issiianee of any Wildiiig pefmit, whieheve
eeetffs first provided applieai4 exeetites a premissei-y Rote er- other- appr-epi:iale
doeument aeeeptable to the Givy.
b. Fef aRy annexatien or portien thereof proposed fi)r use as a ehweh as that tefm
defined in the Bozeman zoning or-dinanee, the R 1, ResiderAial Single 14ouseheld,
Low sDensityDistr-iet shall be used ift plaee of the pfepefty zening designation fe
ealeulating the water requirement. if!he use ehmges 4em a ehweh at aft),fifne in the
2 of 4
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Resolution No. 4400, Goals and Policies for Annexation
9...
the time of the ehange, the ewtier- ar- its sueeesser- shall supply any additional wa4
rights or fee whieh fnigh4 be"e,based en the aetual .a
the eh
6. Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate
services cannot be provided to ensure public health, safety and welfare,it shall be the
general policy of the City to require the applicant to provide a written plan for
accommodation of these services, or not approve the annexation. Additionally,
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions of the City limits or lying outside
the City limits but within identified sewer or water service area boundaries, shall
generally not be approved.
7.It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are
currently being contracted.
8. The annexation application shall be accompanied by mapping to meetthe requirements
of the Director of Public Service.
9. It shall be the policy of the City of Bozeman to assess a systern development/impact
fee in accordance with-Chaptef 3.24Chapter_2,Article 6 Division '9, Bozeman
Municipal Code, and accordance with the Bozeman Growth Policy and other policies
as they are developed.
10. Public notice requirements shall be in compliance with Montana Code Annotated. In
addition, notice shall be posted in at least one conspicuous location on the site in
question,and mailed to all owners ofreal property ofrecord within 200 feet ofthe site
in question using last declared county real estate tax records, not more than forty-five
days nor less than fifteen days prior to the scheduled action to approve or deny the
annexation by the City Commission, specifying the date,time and place the annexation
will be considered by the City Commission. The notice shall contain the materials
required by Section 18.76.0-20. 38.40.020.A & B.1, BMC.Ina d• e ,-a
annexed,
nefiee shall provide a map of the area in question so as to indieate its general leeation
11. Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another tirne period is specifically
identified by the City Commission.
12. When possible, the use of Part 46 annexations is preferred.
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261
Resolution.No. 4400, Goals and Policies for Annexation.
PASSED AND APPROVED by the City Commission ofthe City of Bozeman, Montana, at a regular
session thereof held on the l 01" day of September 2012, The effective date of this Resolution shall be
October 13 2012.
SEAN A. BECKER
Mayor
ATTEST:
ewm
CmC
City Jerk
M
APPROVED AS TO FORM:
SULLIVAN
City Attorney
4 of
262
CITY OF WHITEFISH
EXTENSION OF SERVICES PLAN
ADOPTED APRIL 2018
263
Mayor John Muhlfeld
City Council
Andy Feury
Melissa Hartman Ryan Hennen
Richard Hildner
Frank Sweeney
Katie Williams City Manager
Adam Hammatt
City Attorney
Angela Jacobs
Public Works Director
Craig Workman
Planning & Building Director David Taylor
Parks & Recreation Director
Maria Butts Police Chief
Bill Dial
Fire Chief
Joe Page
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Table of Contents
INTRODUCTION ........................................................................................................................................................ 4
Statutory Requirements ....................................................................................................................................... 4
Relationship to the Whitefish City-County Growth Policy ................................................................................... 5
URBAN GROWTH BOUNDARIES ............................................................................................................................... 5
Economic Conditions and Population Trends ...................................................................................................... 5
Physical Growth Trends........................................................................................................................................ 6
Impediments to Growth ....................................................................................................................................... 6
Growth Stimulants ............................................................................................................................................... 8
Prevailing Growth Patterns .................................................................................................................................. 8
North ................................................................................................................................................................ 9
Northeast ....................................................................................................................................................... 11
Southeast ....................................................................................................................................................... 12
South .............................................................................................................................................................. 13
Southwest ...................................................................................................................................................... 13
West and Northwest ...................................................................................................................................... 14
Infill ................................................................................................................................................................. 14
Projected Growth Area ...................................................................................................................................... 16
EXTENSION OF CITY SERVICES ................................................................................................................................ 16
Concurrency ....................................................................................................................................................... 16
Streets ................................................................................................................................................................ 17
Major Arterials ............................................................................................................................................... 17
Minor Arterials ............................................................................................................................................... 17
Collectors........................................................................................................................................................ 17
Local ............................................................................................................................................................... 17
Street Maintenance ........................................................................................................................................... 18
Sanitary Sewer ................................................................................................................................................... 19
Storm Water Management ................................................................................................................................ 20
Water ................................................................................................................................................................. 21
Solid Waste Management .................................................................................................................................. 22
Fire Protection .................................................................................................................................................... 23
Law Enforcement ............................................................................................................................................... 25
Parks and Recreation ......................................................................................................................................... 26
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RECOMMENDED POLICIES FOR EXTENDING SERVICES .......................................................................................... 29
General Policies .................................................................................................................................................. 29
Policies for Extension of Services to Undeveloped Areas .................................................................................. 30
Policies for Services in Existing Developed Areas .............................................................................................. 31
Policies for Areas Annexed as Wholly Surrounded Land (M.C.A. 7-2-45) .......................................................... 32
Policies for Meeting the Cost of Services ........................................................................................................... 32
EXHIBIT A – ANNEXATION FORMS ......................................................................................................................... 35
EXHIBIT B – WHITEFISH URBAN GROWTH BOUNDARY ......................................................................................... 46
EXHIBIT C - ZONING JURISDICTION AND ZONING DESIGNATIONS ........................................................................ 47
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INTRODUCTION
This extension of services plan is intended to be used as a guide for the provision of City
services to those areas of the City not served currently, and for territories to be annexed into
the City. The plan will serve three basic objectives: (1) to meet Montana statutory requirements for annexation of lands; (2) to provide a logical framework, in concert with the Whitefish
Wastewater Utility Plan, 2006; the Whitefish Water Utility Plan, 2006; the Whitefish Stormwater
System Utility Plan, 2006; the Whitefish City-County Growth Policy, 2007, the Southeast
Whitefish Transportation Plan, 2001; the Whitefish Transportation Plan, 2009; the Water Utility
Financial Plan and Rate Study, 2016; the Wastewater Utility Financial Plan and Rate Study, 2016; the Capital Improvement Program Fiscal Years 2018-2022, 2017 and the Connect
Whitefish Bicycle and Pedestrian Master Plan, 2016, to guide future growth of the community;
and (3) to establish policies which clearly identify methods of financing and extending municipal
services and the party or parties responsible.
Statutory Requirements
State law § 7-2-4732 MCA, "Contents of Plan for Extension of Services," requires the City of
Whitefish to have a plan which shows anticipated development a minimum of five years into
the future. Specifically, such a plan must establish urban growth boundary based on availability
of water, sewer, storm drainage, solid waste disposal, streets, police protection and fire protection.
If it becomes necessary to extend streets, water, sewer, or other municipal services into an
area to be annexed, the plan must set forth a proposed timetable for construction and show
how the municipality plans to finance extension of these services. If the area to be annexed is currently served by adequate water, sewer and streets, and no capital improvements are
necessary, the municipality must provide plans of how it intends to finance other services,
mainly police protection, fire protection and solid waste disposal, as well as how it will continue
utility service. The location of the urban growth boundary is determined by considering available undeveloped
and underdeveloped lands in the context of existing municipal services and the logical
extension of these services into undeveloped land. In addition, past community growth trends
and existing community growth stimulants and deterrents are taken into consideration in
projecting growth area boundaries.
The proposed growth boundary should also conform to the adopted City-County Growth Policy
and, whenever practical, should use natural topographic features such as ridge lines, streams
or creeks as boundaries. If a street is used as a boundary, land on both sides of the street is
included in the growth area.
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Relationship to the Whitefish City-County Growth Policy
This Extension of Services Plan, by reference, hereby incorporates the Whitefish City-County
Growth Policy. The Growth Policy has been used as a source of technical information presented
in this document. The adoption and implementation of this plan will assist the City in achieving
the goals and objectives of the Growth Policy.
URBAN GROWTH BOUNDARIES
The urban growth area is the projected service area in which municipal services can or may be
extended over a period of 5 -10 years, depending upon needs and demand. Boundaries of the
urban growth area are established based on prevailing and anticipated growth trends, with consideration given to growth stimulants as well as growth deterrents or impediments.
Population and economic trends that affect community growth or decline are also critical factors
which should be analyzed to accurately establish urban growth area boundaries.
Economic Conditions and Population Trends
The Flathead Valley is the economic hub for a five-county area (Lincoln, Glacier, Sanders, Lake, and Flathead). The valley is home for a population of roughly 98,000 persons and 38,000
households, though its retail, financial, professional and medical services are utilized by more
than 172,000 people residing in the five-county trade area. The 2016 Census estimate of
population for the City of Whitefish of 7,279 residents is a 45% increase since 2000, and a 15%
increase since 2010. The 2010 population for the Whitefish census county division, which includes the City and surrounding areas, was about 12,895. Note that U.S. Census data does
not account for the number of second homes owned by non-residents in Whitefish or the
surrounding area. The 2016 Whitefish Area Workforce Housing Needs Assessment indicated
that about one-third of homes in the Whitefish area are owned by non-residents. These homes
and their part-time occupants use City services but are not accounted for in census data.
The area's population continues to grow at a steady pace with the potential for accelerated
growth over the next twenty years. From 2000 to 2010, the population growth of Flathead
County had a 22% increase, and since 2010 the population has continued to grow at a rate of
between 0.36% and 2.1% per year.
The following documents can be consulted for information relative to the area’s socioeconomic
trends and conditions: 2017 Whitefish Strategic Housing Plan, 2016 Whitefish Area Workforce
Housing Needs Assessment, 2012 Flathead County Growth Policy, the 2000 and 2010 Federal
Census, State of Montana Census and Economic Information Center, and the Whitefish Area Chamber of Commerce Annual Profile.
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Physical Growth Trends
Due to population increases, a greater demand for utility services, and other factors the City of
Whitefish has physically expanded numerous times since 2009 when this plan was last updated,
adding 277.77 acres of land to its municipal boundaries. The smallest total area annexed during a year occurred in 2009 when the City annexed just 0.34 acres; the largest total area annexed
since 2009 was in 2017 when the City annexed 141.379 acres, the majority of which (125.7
acres) was wholly surrounded by City property and annexed under the authority granted in 7-
2-45 M.C.A. The remaining acres in 2017 were petitioned for annexation under 7-2-46 M.C.A.
There exist certain "influencing factors" which can either stimulate or impede the physical
growth of a City. In conjunction with the ability to provide services, these influencing factors
must also be given consideration in the establishment of future service and growth area boundaries.
Impediments to Growth
The identified impediments to growth in and around Whitefish are the lack of infrastructure, the
high cost of extending infrastructure, the presence of important lands of agricultural significance, the volume of land under public or corporate ownership, private developments that limit access
to adjacent lands, and the presence of soils unsuitable for development, seasonally high
groundwater, and steep slopes.
Many areas on the outskirts of Whitefish have no nearby utility services and other infrastructure available. The cost of extending roads and utility services increases every year, making it more
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difficult for new subdivision developments to be profitable. Furthermore, creation of smaller
parcels from rural or agricultural lands that are reliant on septic fields impedes the ability of the
City to extend services in the future due to the spread-out nature of development. The 2007 Whitefish City-County Growth Policy (the Growth Policy) promotes protection of rural lands with
rural zoning around the perimeter of the City limits until the time when large subdivisions with
the ability to extend City infrastructure are ready for development. Cooperation with the County
on future zoning around the perimeter of the City is critical to efficient future extension of
services.
Certain lands to the east and southeast of Whitefish have been identified as agriculturally
significant and recognized as a finite resource. These areas are the most likely to be developed
as residential subdivisions. The 1996 Whitefish City-County Master Plan contained several
goals and objectives aimed at protecting prime agricultural lands within the planning jurisdiction. The plan stated a specific goal that would "conserve agricultural lands by allowing limited
conversion only if those areas are not productive or are needed for proper urban expansion."
The Growth Policy, which replaced the Master Plan, removed map designations for important
agricultural lands and has more indirect objectives regarding agricultural lands. In
Recommended Action 11, under Economic Development, it states: “Establish low-density and rural zoning districts in local farming areas and protect existing operations to the extent possible
through agriculture indemnity statements on plats and prior notice conditions of approval”. Land
Use Goal 6 states: “Preserve important rural lands and agricultural land uses that surround the
community.” The 2007 Growth Policy also has a Policy 9 that encouraged development within
the City limits before development of the rural lands surrounding the City limits. Large tracts of land under public or corporate ownership are located north of Whitefish and
along the west shore of Whitefish Lake. Most land north of Whitefish Lake and the Whitefish
Mountain Ski Resort is either federally or state-owned timberland which is managed for multiple
uses, including logging, hunting, fishing and general recreation. Substantial acreage north of
town, but south and east of the Whitefish Mountain Ski Resort, is owned by F.H. Stoltze Land & Lumber Company, which has traditionally managed their property for timber harvesting.
The Trust for Public Land, city of Whitefish, F.H. Stoltze Land & Lumber Companty, and
Montana Fish, Wildlife & Parks finalized and recorded a conservation easement in 2016 on
3,020 acres owned by F.H. Stoltze Land & Lumber Company in the Haskill Creek watershed east of Whitefish. The land will be permanently protected to support local timber jobs, conserve
fish and wildlife habitat, provide the City with the majority of its water supply and the public with
continued opportunities for outdoor recreation. The land will continue to be owned and
managed by Stoltze and cannot be converted to residential or commercial uses in the future.
Large subdivisions with private roads to the north and west of Whitefish Lake and Highway 93
North pose some deterrent to growth by limiting access to developable lands from the City.
Also, the west shore of Whitefish Lake has railroad tracks at the water’s edge and is owned
predominantly by the Burlington Northern Santa Fe Railroad (BNSF), which has not
demonstrated a trend toward development of its lands.
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The presence of soils with low permeability renders some areas of the valley unsuitable for
urban development. These soils, composed of fine silts and clays, are predominant in the
Whitefish area. Development of properties with low permeability soils is possible through engineering solutions and construction techniques, but these circumstances result in increased
costs to both the public for provision of streets; sewer and water service; and storm drainage,
and to the property owner in terms of construction and engineering costs.
The City completed a Critical Areas report in 2008 that identified areas that should not be developed because of their importance to maintaining water quality; the Water Quality
Protection regulations apply development standards to areas with potential to affect water
quality. These areas include water bodies such as lakes, streams, rivers, and wetlands, as well
as associated setbacks and buffers, slopes greater than 10% within 200 feet of a water body,
and critical stormwater conveyances.
Seasonally high ground water is also found throughout the Whitefish area, typically along the
valley floor. Properties at lower elevations to the northeast, east, south and southeast of town
are severely limited in their ability to accommodate on-site sewage disposal systems due to
high ground water. Additionally, expensive construction techniques are required throughout the Whitefish area to build stable, long lasting roads.
Slopes exceeding twenty percent (20%) generally are considered an impediment to urban
development. Development of buildings, roads, driveways and other improvements on such
slopes can significantly impact existing drainage patterns, riparian vegetation, wildlife, adjacent (particularly downhill) properties, and the natural scenic qualities of the community. While the
City of Whitefish is generally situated on the valley floor, instances of steep slopes are typical
in areas north and west of the City.
Growth Stimulants
Growth stimulants can be defined as any pressure exerted upon a city which may cause or encourage that city to grow in any direction. The physical setting of a place, such as its scenic
environment or proximity to services and/or utilities, can stimulate growth. An attractive quality
of life or a strong economy can also stimulate growth. Both the physical beauty of the Flathead
Valley and its perceived quality of life have spurred substantial growth in recent years. The greater Whitefish area is expected to continue to attract its share of the County’s overall population growth, mainly due to its appealing life style and proximity to Glacier Park, Whitefish
Lake and the Whitefish Mountain Ski Resort.
Prevailing Growth Patterns
The prevailing growth patterns in the Whitefish area and the growth stimulants or impediments perceived to be associated with them are as follows:
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North
East Lakeshore Drive
This area has been extensively developed with a mixture of suburban density subdivisions
and larger lake front parcels. Steep slopes and the presence of public lands generally limit
development potential to a narrow strip of land between East Lakeshore Drive and the lake.
While several individual properties have yet to be developed, the potential for future large-scale subdivisions appears to be limited.
The Rest Haven, Deer Run and Lakewood Estates subdivisions, approximately a mile and
a half north of the City limits off East Lakeshore Drive, are connected to the City sewer by
a pump station and pressurized force main. Individual properties along both sides of the road between the City limits and the Lakewood Estates subdivision are slowly connecting
to the City sewer as on-site sewage disposal systems in these locations age and begin to
fail. Although sewer service to properties north of the Rest Haven subdivision is not
anticipated in the foreseeable future, a dry force main was installed by the City to
accommodate that area when service is needed.
The Public Works Department is working with sewer customers in Rest Haven to reduce
sewer rates. Most homes in Rest Haven have Septic Tank Effluent Pumping (STEP)
Systems, where the waste from each home’s septic tank is pumped into the sewer main.
The City has agreements with many of the properties in Rest Haven, requiring City staff
to perform maintenance activities on these systems and their sewer rates are higher than
the rest of the City due to the excessive maintenance costs incurred to maintain sewer
systems on private property. This is different from the rest of the City where property
owners are responsible for maintaining the portion of the sewer system from the home to
the main. One solution to this situation could be to eliminate the maintenance agreements
on the private sewer systems, which will greatly reduce the sewer rate that is applied to
the monthly consumption for each property. While consensus has not been reached on
this issue, the City continues to work with customers to reach common ground.
Big Mountain Road
The area accessed by the Big Mountain Road includes a few urban density subdivisions in
the vicinities of the Whitefish Mountain Ski Resort and Ptarmigan Village. The popular destination ski resort is the stimulus for this growth, which can be expected to continue.
Although the subdivisions in the Big Mountain village area are served by City sewer and
receive police protection, the distance from other City services such as street maintenance
precludes the possibility of annexation in the near term. An agreement between the City
and the Big Mountain Sewer District (BMSD) allows BMSD to send untreated sewage directly to the City collection system and treatment facility in exchange for Plant Investment
Fees that are helping fund upgrades to the wastewater treatment plant. The agreement
allocates 2000 dwelling units (or equivalent) to the BMSD. As of the date of this plan, the
BMSD serves 630 dwelling units and is committed to another 885 proposed units that have
not yet been constructed. Sewage treatment for the Ptarmigan Village area is provided
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through an aerated lagoon system with spray irrigation disposal of treated liquid effluent,
currently in need of upgrades or a connection to City services. Steep topography might be expected to deter urban or suburban scale subdivisions and
subsequent annexation along the lower reaches of the Big Mountain Road, but homes have
been built in this area. Additionally, a single landowner has accumulated several adjoining
parcels totaling almost 63 acres that could be developed along both sides of the road from
East Lakeshore Drive up to the Hidden Hills subdivision. Zoning is a mix of WR-2 and county R-4 (26.3 acres Two-family residential), WR-3 (4 acres Low density multi-family
residential), WLR (26.7 acres One-family limited residential), and county SAG-10 (2.5 acres
Suburban Agriculture). Given this mix of zoning, there is potential for approximately 295
new single-family dwelling units in a standard subdivision (more if two-family or attached
units are developed). With a Planned Unit Development (PUD) on the lots within the City, there is potential for closer to 410 new units total. The 10.9 acres outside City limits are
interspersed with property within the City limits and likely would be annexed when
developed to ensure availability of City services. A PUD on these lots could add another
40 units to the total.
The same property owner also holds 10 acres south of East Lakeshore Drive with lake
frontage; the lots are zoned R-1 (Suburban Residential) and together could be developed
with up to 10 single-family homes. City sewer and water mains are installed in the East
Lakeshore Drive and Houston Drive rights-of-ways. Murdock Lane - Iron Horse Drive
Another road extending to the north edge of the City limits is Murdock Lane which becomes
Iron Horse Drive within the Iron Horse Subdivision. This road provides primary ingress and
egress to the Iron Horse Subdivision, which includes 265 home sites (125 developed to
date) and another 50 or so cabin sites, as well as golf course, club house, restaurant, and other facilities. The 234-acre site was annexed into the City in 1997 and another
approximately 180 acres was annexed in 1998 along with the Suncrest subdivision. All new
streets, water, sewer and storm drainage systems were installed by the developer. In Iron
Horse the water system, storm drainage system and all streets other than the lower
reaches of the main access road are privately owned and maintained by the developer or the homeowner’s association, with streets open to the public. The water system in Suncrest
and the sewer systems for both subdivisions are owned and maintained by the City.
Reservoir Road
Reservoir Road provides the sole ingress and egress to Northwoods Drive, several subdivisions, and other scattered development along a three-mile-long dead-end road.
Most of the vacant land in this neighborhood has been previously subdivided into parcels
2 acres and larger in size which are expected to utilize the Northwoods community water
system or private water wells, as well as on-site sewage disposal systems. Although growth
can be expected to continue at a steady pace, the pattern of relatively large lots is expected to deter the extension of City utilities beyond the lower reaches of Reservoir Road.
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As the name of the road implies, the City water reservoir and a water treatment plant are
located one-half mile up from the City limits on Reservoir Road. A few lots between the
City limits and the reservoir are connected to the City water system. This pattern of usage is expected to expand gradually and lead to the eventual annexation of lands west of the
reservoir. The newly created trailhead for the Whitefish Trail will increase traffic on
Reservoir Road.
Northeast
Texas Avenue and Denver Street
Texas Avenue and Denver Street are two dead end roads extending to the City limits at
the northeast quadrant of the City. Sewer extends to the end of Texas Avenue for the
Hidden Meadow subdivision and to the end of Denver Street for the Lonepine Meadow subdivision. Water extends north from the end of Texas Avenue through an easement to
Reservoir Road. Urban density development exists out to the City limits but is sparse
beyond, due to the lack of existing municipal sewer services and limited potential for on-
site sewage disposal due to seasonally high groundwater.
East Edgewood Drive
East Edgewood Drive provides a vital link to the City for a rural agricultural area, several
small private developments and other scattered suburban agricultural developments
located well beyond the urban growth boundaries of the City. Flathead County zoning
shows suburban agriculture adjacent to East Texas Avenue, agricultural lands further east and industrial areas along the BNSF tracks. The only development in the immediate vicinity
of the City is served by wells and on-site sewage disposal systems. This is unlikely to
change until municipal water and wastewater service is extended across the railroad tracks
at Cow Creek. A sewer main was recently installed on the south side of the rail tracks as
part of the High Point on Second subdivision, and there is some potential the owner of an industrial parcel just east of Cow Creek will extend services across the tracks in the next
5- 10 years. Once services are extended, it would potentially enable more land to be
developed and annexed along East Edgewood Drive.
East Second Street East Second Street provides a link to the same area as East Edgewood, but on the south
side of the railroad tracks. This road crosses the BNSF tracks before it joins with East
Edgewood at the eastern edge of the urban growth boundary. Urban density development,
with access to both City water and sewer, exists west of the railroad crossing and
agricultural development prevails beyond. No City services are available beyond the railroad tracks. As described above, there is potential for a developer to extend services to
one of the last vacant industrial zoned parcels left in the City, just east of the tracks. If
services are extended, the land east of the tracks would be open to more development and
annexation.
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Southeast
Armory Road
Armory Road connects East Second Street with Voerman Road. The section located within
the urban growth boundary is served by both City water and sewer and is mostly developed
to urban densities. A pressure sewer main extends approximately one-half mile east of the
Hueth Subdivision to John’s Way just beyond the City limits. There is good potential for
growth south of Armory Road and potentially east of the City softball complex because services are available.
Voerman Road
Voerman Road is a collector for the mostly agricultural area southeast of the City. Rural residential and suburban agricultural development has steadily occurred along Voerman
Road, displacing some of the smaller agricultural tracts. The soils in the area limit on-site
sewage disposal to larger lots. Between Voerman Road and Armory Road, large parcels
may be feasible to develop within the next five to ten years since sewer service is available
from Armory Road, as well as from the east side of Creekwood Subdivision. As private development proceeds, East 7th Street or other east-west connectors could be extended to
facilitate traffic in the area; this could, in turn, stimulate additional development.
Monegan Road
Monegan Road serves a rural agricultural area similar in nature to Voerman Road. The sewage treatment plant is in the vicinity, accessed off Monegan Road. While the new
mechanical treatment plant is expected to reduce odors, potential remains for some
occasional odors that could impact adjacent land uses. Therefore, Public Works
recommends a non-residential buffer around the plant. Monegan Road is included in the
City’s Capital Improvement Plan for paving in 2020. Other than the sewer plant site, the
area is mostly agricultural. The area also suffers from high ground water issues, silty clay soils, and flat topography that limits effective drainage. Despite these challenges,
development of a residential subdivision extending south along Monegan Road from its
intersection with Voerman Road is likely in the next 5 years. An application for preliminary
platting with approximately 40 residential units is anticipated in early 2018.
J.P. Road
J.P. Road is an east west link between the south end of the City across U.S. Highway 93
between the Great Northern Heights subdivision and Monegan Road. City services are
available throughout Great Northern Heights. On the east side of the highway, there is a
sewer main along JP Road connecting to the sewage lagoon; water extends along JP Road only to the City limits on the west side of Whitefish River. There is some potential for
development of parcels along JP Road on the east side of the river because of the
availability of sewer service; however, high ground water in this area of the city may negate
that potential.
There are substantial areas between the eastern City limits and the eastern urban growth
boundary that have yet to be developed; the distance between the two boundaries ranges
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from between 0.35 miles at the end of Denver Street on the north end of town, to 1.0 mile
from JP Road out Monegan Road to Missy Lane on the southern end of town. Further south
there are several large parcels that could be further developed in an area averaging about
a half-mile wide between the Lakes subdivision/Kallner Lane and the Whitefish River. For
efficiency in delivering city services and to promote clustered development over sprawl,
these areas should be developed before considering further expansion east.
South
Highway 93
City services extend south along Highway 93 to the intersection with Highway 40.
Commercial zoning is in place along both sides of the highway, which is largely developed.
However, vacant lots in that area have been developing rapidly the last few years with new
subdivisions, hotels, and apartments, and there are several additional large vacant lots with
potential for infill development in the near term. High density residential units and mixed-
use developments have been built or proposed along the corridor. The newly adopted
Strategic Housing Plan calls for more multi-family residential uses in the Highway 93 South
corridor. Additional water storage is needed on the south end of Whitefish to help equalize
pressures and to provide adequate fire flow capacity. The design process for a new water
tank has been initiated; the storage tank is expected to be in place within the next five
years.
In 2017 the County changed zoning south of the City limits to secondary business along
the highway to Russell Road (south of the Emerald Heights subdivision). Much of the land
along this stretch of the highway is undeveloped or single-family residential; businesses
include two small antique and art stores, a medical clinic, and a gym. From Russell Road
south to beyond Blanchard Lake Road, zoning is business service district. Business
properties alternate with single-family residential properties and include medical and
professional offices, a veterinary clinic, coffee roastery, auto body shop, and retail home
décor. Properties along Blanchard Lake Road currently have rural residential and
agricultural uses. The density of development is limited due to a lack of City services.
The 2007 Whitefish City-County Growth Policy and the South Whitefish Neighborhood
Plan (amended 2000) set policy that services not be extended south of Highway 40.
While there is pressure from existing businesses and property owners along the highway
to extend City services south of the City limits, City policy remains that services will not
be extended south of the Highway 40 intersection. This policy, however, does not restrict
the City from constructing a new water tower and associated appurtenances south of
Highway 40 to better serve customers within the adopted growth boundary.
Southwest
Karrow Avenue is developed as rural residential properties. The density is limited due to a lack of municipal wastewater utility service and limited municipal water utility service. Water
has been extended to Karrow Avenue through the City Shop property and a small diameter
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private water main serves several other properties on Karrow. No City sewer is available
on Karrow south of 7th Street. County zoning south of 7th Street is for single family
residential on lots as small as 10,000 square feet; however, this type of development is unlikely to occur until City services are available.
West and Northwest
Highway 93 North The areas to the west and northwest are primarily served by Highway 93 North. Current
zoning is primarily residential. Water and sewer service extends to the City limits and is
generally limited beyond that to the west due to topography. Water and sewer are provided
south of the highway throughout the Grouse Mountain Estates and north of the highway
through Mountain Park and Old Town subdivisions, and sewer service extends to the Lake Park addition. Services also extend west along Haugen Heights Road to the City limits.
North of Haugen Heights Road, County zoning is for large residential lots and agricultural.
Development further north on the west side of Whitefish Lake is limited by the location of
BNSF properties and tracks.
Infill
Undeveloped or underdeveloped land within City limits is not abundant, but there are
several areas with infill potential. North and west of downtown there are some vacant lands
with development potential located between Wisconsin and Dakota Avenues south of Glenwood Road, around the intersection of Denver Street and Colorado Avenue, and in
areas surrounding State Park Road.
Opportunities for infill along Highway 93 south of 13th Street include several parcels on the
east side of the highway from the old hospital site south to Greenwood Drive; large undeveloped parcels west of the highway between Park Knoll Road and JP Road; the
eastern portions of lots north of Lenna Joy Lane; parcels west of the unconstructed
extension of Baker Avenue off Pheasant Run Drive; undeveloped lands on the North Valley
Hospital Campus, and a large private lot south of Great Northern Drive on the west side of
the highway.
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understand trends in population for the study area to predict future population and its need
for wastewater treatment. The data indicates that the City of Whitefish, through both infill
and annexation, is capturing more of the Study Area population growth than it historically
did from 1990 to 2000. Based on review of a more current historical growth rate in the
community plus consideration of the 2010 census data, it was decided to use an average
annual growth rate of 1.9% in the PER for the 20-year planning period. The existing and
Proposed Sewer Service Planning Area Population is estimated to be 16,992 in the year
2035, which will be accommodated by the wastewater treatment plant proposed in the
PER. Future upgrades will be required to accommodate the population at full build-out of
the sewer service area, which is expected to be 36,929.
Although analyses in the City’s 2006 Water Utility Plan indicated the water system has
adequate capacity to meet service demand in the same study area used in the PER up to
and beyond year 2025, more recent water production data indicates a water treatment
expansion project is required to meet summer water demands as the study area
becomes developed. The City’s current Capital Improvement Plan (CIP) estimates the
plant expansion project at $5 million but does not allocate these dollars in the next 5
The City’s wastewater treatment plant
currently serves 3,855 customers.
The Montana Department of Environmental Quality uses an
Equivalent Dwelling Units (EDU)
computation based on service
connection size. Using this
computation, there are currently 5,084 EDUs served by the plant, which
breaks down to 4,059 residential
EDUs and 1,025 commercial EDUs.
Projections and calculations for service capacity in the City’s 2016 Wastewater System Improvements
Project Preliminary Engineering
Report (PER) assume all developable
land within the Urban Growth Boundary and beyond to a larger study area boundary (shown right) will be
developed to maximum density. In
2010, the date of the most recent U.S.
Census, the City of Whitefish had a population of 6,357. This made Whitefish the second largest city in
Flathead County and accounted for
about 7% of the total population of the
county. Current population data is required for analysis and modeling of the existing wastewater system and to
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years. Because there have been days during the past several peak irrigation seasons
where the system has reached capacity, design efforts for the plant expansion need to be
included in the next update of the CIP. During that peak summer consumption, the City is
able to meet fire flow requirements within City limits. The City is also working to identify
and eliminate unaccounted water loss through its cast iron watermain replacement
program. Should climate and irrigation trends continue, the City will need to consider
imposing measures to control irrigation use in the summer.
Projected Growth Area
The boundaries of the future service area of Whitefish (the extent to which the City is willing
and able to extend services) have been developed based on the City’s historic growth, recent
growth trends, growth stimulants and impediments, population projections, current zoning,
proximity to existing utilities that encourages infill development before expansion of the service area, situations anticipated and described in the Whitefish City-County Growth Policy, and the
physical geography of the area.
Exhibit ‘B’ illustrates the projected Urban Growth Boundary.
EXTENSION OF CITY SERVICES
Multiple agencies have studied the effects of various types of development on a municipality's
cost outlays. These studies have consistently shown the net public costs resulting from low-
density sprawl development are higher than those resulting from higher density developments
of the same number of homes. In simple terms, it costs more to extend sewer and water service,
to provide police and fire protection, to fund road repair, to send out school buses, and to provide refuse collection service when homes are spread out than when they are close to
existing services and facilities.
To achieve compact, orderly and efficient urban growth, plans for the extension of municipal
services into growth areas must be developed and implemented. In addition to identifying the services available and a plan to physically provide those services within a defined service area,
it is also essential to both identify the party responsible for service extension and a method of
financing the extension.
The services which are considered for extension into the future growth areas of the City are streets, sanitary sewer, storm sewer, water, solid waste collection (which the City currently
contracts out), police protection, and fire protection.
Concurrency
The Growth Policy includes a future land use policy that the City shall require concurrency of
all urban services, including but not limited to water and sewer; drainage; streets; public
safety and emergency services; pedestrian, bikeway, and trail facilities; parks; and schools.
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Concurrency means that any upgrades to facilities or services necessitated by development
should be in place before the impact of the new development.
Streets
The transportation network within and around a community plays a significant role in its physical development and growth. This network of streets, roads and highways should be coordinated to form a system that not only provides efficient internal circulation, but one that also facilitates
through traffic. Since streets serve two basic functions, moving multiple modes of traffic and
providing access to abutting lands, each street should be classified and designed for the
specific function or combination of functions it is designed to serve. This functional classification system forms the basis for planning, designing, constructing, maintaining and operating the street system. For these reasons, urban streets are generally designed and developed in a
hierarchy comprised of the following types:
Major Arterials
A major road or highway with moderate to high speeds and high traffic volumes. Major arterials provide access to the regional transportation network and move traffic across the
county and between cities and communities. Access to abutting lands is limited. Traffic
volumes would typically exceed 15,000 vehicles per day. Highway 93, known as Spokane
Avenue and 2nd Street through downtown, is the major arterial in Whitefish.
Minor Arterials
A major road with moderate speeds designed to collect or move traffic from one major part
of the community to another or to move traffic to and from the major arterial system. Traffic
volumes would generally range from 5,000 to 15,000 vehicles per day. Within Whitefish
minor arterials include Baker Avenue and Wisconsin Avenue.
Collectors
A secondary or intermediate street with moderate speeds and low to moderate volumes.
Such streets would collect local traffic from neighborhoods and carry it to adjacent neighborhoods or transfer the traffic to the arterial system. Such streets would typically serve a neighborhood or area with 150 or more dwellings and carry 1,000 to 5,000 vehicles
per day. There are several collectors in and around Whitefish including Denver Street,
Skyles Place, Edgewood Place, and Dakota, Colorado, and Texas Avenues north of the
viaduct; East 2nd Street, East 4th Street, East and West 7th Street, East and West 13th Street, Karrow, Columbia, and Pine Avenues, and Armory, Voerman, and Monegan Roads on the south side of the viaduct.
Local
These are minor streets intended to serve individual sites, buildings or lots, and provide
access to residential neighborhoods. Local streets either feed into collectors or provide destination access off collectors.
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Arterial and collector streets within the Whitefish limits are listed according to functional
classification in the 2009 Whitefish Transportation Plan. This document and the supplemental
Street Reconstruction Priority Ratings prepared by the Public Works staff, were developed as a tool for scheduling reconstruction, overlays and preventative maintenance for public streets,
excluding State and Federal highways, in the projected urban boundary. The City of Whitefish
street system currently includes 67.4 miles of streets and alleys.
The 2009 Whitefish Transportation Plan identifies priority projects for the Whitefish and surrounding street systems, which, if implemented, result in a benefit to existing traffic system
performance. The proposed improvements will also serve future development needs as urban
development expands into the adjacent rural areas surrounding Whitefish. The plan, in addition
to identifying deficiencies and recommending improvements, also identifies potential funding
sources.
The top priority projects identified in the plan involve, for the most part, either arterials or
collectors. Providing extensions of existing or building new arterials is recommended to provide
alternatives to and alleviate high traffic volumes on Highway 93 on the south end of town. All
new development pursuant to annexation - which further impacts the existing or proposed street network - will be subject to conditions of approval intended to mitigate said impacts. It will be
the responsibility of the developer of a new subdivision to provide streets built to City standards,
including curb and gutters, sidewalks, bike and pedestrian ways, park space, boulevards, street
signs, street lights and street trees. All new streets should be built to facilitate multiple modes
of transportation, including bicycle, pedestrian and transit. Standards for such improvements are contained in the City of Whitefish's Subdivision Regulations and the City's Standards for
Design and Construction. The POLICY section of this plan supports these requirements.
Street Maintenance
The City of Whitefish maintains, sweeps and plows those streets within the incorporated area that have been dedicated to the City, while the Montana Department of Transportation maintains and plows U.S. Highways 93 and Wisconsin Avenue through the City.
The City’s equipment is generally adequate for the present snow plowing needs, although in
the event of an unusually heavy snowfall the City will contract with local operators for assistance. The need for additional equipment and personnel should be determined and coordinated as the City grows.
The City of Whitefish also levies a Special Street Maintenance Assessment on properties within
the City. This assessment helps fund snow removal and deicing, asphalt patching and overlays, street sweeping and sprinkling. For Fiscal Year 2018, assessment rates vary by use and location of the property. Homeowners in subdivisions with privately maintained roads pay less
than homeowners with frontage on publicly maintained streets; rates are highest for commercial
and multi-family lot owners.
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Sanitary Sewer
A sanitary sewer system is a network of sewers used to collect the liquid wastes of a city for
subsequent treatment. The location and capacity of main sewer lines and treatment plants are
a factor in determining both the density and location of development within a community. Generally, the design of main sewer lines and plant capacity is reflective of anticipated land
uses and population projections of a predetermined "service" area.
Sewage is generally collected by a gravity flow system, wherein sewer lines are laid out in a
manner as to flow continually downhill. Where grades are insufficient to provide gravity flow, pressurized sewer collection systems or pumping of the sewage becomes necessary. Adding
pump stations to the system correspondingly adds expense and maintenance and replacement
needs and is generally discouraged. Pressurized sewer collection systems with privately
maintained grinder pumps are becoming more common where gravity sewer systems are not
feasible. The Public Works Department maintains more than 79 miles of public and private gravity and pressure sewer mains and 17 lift stations.
The City of Whitefish operates an aerated lagoon wastewater treatment plant that meets
secondary treatment standards and achieves phosphorus removal by means of chemical
addition. The existing plant was originally constructed in 1979 and is located on the southeast edge of the City on Monegan Road. Upgrades have occurred periodically; most recently a
chlorine addition/dechlorination system was added in 2012 for disinfection of the effluent water
prior to discharging to the Whitefish River. In 2017 the plant was treating an average of 1.08
million gallons per day (mgd) of effluent. To accommodate future growth and to comply with new Montana Pollutant Discharge Elimination System (MPDES) permit standards for ammonia
and nitrogen, the City is proposing to replace the existing lagoon system with a mechanical
treatment process using Sequencing Batch Reactor technology, along with solids handling and
ultra violet light disinfection. The project is intended to provide service to 12,400 people through
year 2035 and will have an average daily flow design capacity of 1.91 mgd.
High groundwater infiltration and storm runoff inflow have a significant negative impact on the
City's collection and treatment systems. Infiltration and inflow are extraneous clear waters
which can enter the sewer collection system and thus reduce the carrying capacity of the
collection, pumping and treatment systems. As the amount of infiltration and inflow is reduced, the ability of the plant to hydraulically serve a larger population is increased. Portions of sewer
main were lined and repaired in 2006 and again in 2016 to reduce the transport of groundwater
and storm water to the treatment plant during wet weather events. Inflow due to storm runoff
also has been addressed through the construction of underground storm drainage facilities,
elimination of cross-connected storm water catch basins, and disconnection of roof drains from sanitary sewer lines. Storm drainage is being improved as the City's street reconstruction
program proceeds. Additionally, the City has begun the practice of installing sump pump
collection lines during street reconstructions to provide an alternate location for residents to
pump clear water to. The aging sewer lines and basement sump pumps that remain illegally
connected to City sewer continue to contribute to the problem.
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It will be the responsibility of the developer of a new subdivision to provide new sewerage
systems. The design of the new sewage collection systems must meet the current requirements
of the Montana Department of Environmental Quality, the Montana Public Works Standard Specifications, the City’s Engineering Standards for Design and Construction, and the policies
for extending services described in this plan.
Outside the City limits, Whitefish is ringed by areas of suburban residential development with
on-site sewage disposal systems. Whitefish Lake Institute has found that many properties along Whitefish Lake have failing on-site sewage disposal systems (Investigation of Septic Leachate
to the Shoreline Areas of Whitefish Lake, Montana, 2012). Continued property development,
failing on-site sewage disposal systems, and the State’s Numeric Nutrient Standards and Non-
degradation Rules may combine to bring many of these areas onto the City’s sewer system in
the next 5-10 years.
The Big Mountain Sewer District (BMSD) owns and maintains their own sewage collection
system, but sewage treatment is provided by the City wastewater treatment plant through an
interlocal agreement; 2000 dwelling units are allocated to the BMSD under this agreement.
There are 630 existing units within the district and another 885 are committed to future or proposed developments.
Sewer collection system improvements within the BMSD are designed and constructed in
accordance with the Montana Department of Environmental Quality, the Montana Public Works
Standard Specifications, the City's Engineering Standards for Design and Construction.
Throughout the Whitefish sewer service area, detailed engineering studies are required to
determine the appropriate size, location and type of collection system based on the long- range
needs of the development and area(s) surrounding the development site.
Storm Water Management
Storm water runoff is the water flowing over the surface of the ground that results from rainfall
or snow melt. The primary goal in the management of storm water runoff is to minimize hazards
to life and property. This is accomplished by using storm sewers, ditches, swales, ponds and
treatment facilities to manage, collect and carry surface water to a natural water course or body of water in such a way as to prevent flooding and the resultant damage.
The stormwater collection system consists of about 60,000 feet of pipe ranging in diameter
from 8-inches to 42-inches, 500 catch basins, and 300 manholes. Concrete manholes and
catch basins collect runoff and convey it to outfalls in the Whitefish River, Whitefish Lake, and
Cow Creek. There are currently eighteen outfalls to the Whitefish River, three outfalls to
Whitefish Lake, and eight outfalls to Cow Creek. The stormwater infrastructure contains 18
detention ponds and 16 City maintained treatment systems. In addition, critical stormwater
conveyances that were mapped as part of the 2006 Stormwater System Utility Plan are
preserved through the City’s Water Quality Protection regulations.
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As new City streets are constructed, and as existing streets are improved, storm drainage
infrastructure will be installed or improved. Those persons developing property have the
responsibility to convey storm water from their property to an appropriate point of disposal. The quantity and rate of runoff from a developed piece of property cannot exceed that which would
occur had the property remained undeveloped. In instances where developing property cannot
be drained to an appropriate point of disposal, storm water must be detained and handled on
site. Clean Water Act regulations require storm water treatment for urban areas with populations
greater than 10,000.
Water
The mission of the Whitefish Public Works Department is to provide safe, potable drinking water for the needs of their domestic, institutional, industrial and commercial consumers and to provide adequate pressure and flow to meet irrigation demands and firefighting needs.
Water for the Whitefish community is supplied by two surface water sources, Haskill Creek and
Whitefish Lake, which are treated at the 4.0 mgd direct filtration water treatment plant prior to distribution to the customers. In 2016 the City purchased a conservation easement in the Haskill Basin Watershed to protect the City’s water quality and water supply. The Haskill Creek supply
is a gravity system that is impounded in an 8.8-million-gallon open reservoir prior to treatment.
The Whitefish Lake supply is pumped directly to the treatment plant by a pumping station
located on the shores of Whitefish Lake at Mountain Harbor Resort. The water treatment plant
meets all the current and projected requirements of the Federal Safe Drinking Water Act (SDWA).
Water storage tanks are used to equalize pressure throughout the 72-mile-long public
distribution system and to provide an emergency water supply in case of an interruption of
power or a failure of pumping equipment. They also provide the capacity necessary to meet peak demand fire flow situations. The amount and location of stored water represents a key
component of the water system's ability to deliver water for fire suppression. The City water
distribution system currently has four pressure zones, two of which are served by separate
booster pumping stations. The primary pressure zone utilizes two storage tanks, one on Reservoir Road and the other on Grouse Mountain, with capacities of 1 million gallons and 0.75 million gallons, respectively. The second pressure zone uses a 0.30 million-gallon storage tank
on Grouse Mountain (filled by a pumping station), and the remaining two pressure zones use
booster pumping stations. Design of a new water storage tank for the south end of the City has
been initiated, and the tank is expected to be installed within the next five years.
Under the requirements of the SDWA, the water supply is tested for a wide variety of
contaminants on a regular basis. Extensive testing for coliform bacteria, giardia cysts, lead and
copper, and a wide range of metals, solvents and pesticides has shown that Whitefish's water
is of the highest quality.
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The 2006 Water Utility Plan recommended several capital improvements for treatment, storage,
and distribution, many of which have been completed. Major capital improvements still to be
completed are the construction of a storage tank on the south side of the City described above,
and the expansion of the water treatment plant to accommodate additional growth.
The provision of water for firefighting purposes is as important and as consumptive as that required for domestic and commercial uses, and must be considered when evaluating
transmission, storage and distribution facilities.
It will be the responsibility of the developer of a new subdivision to provide new water systems
that connect to City infrastructure. The distribution system must be able to deliver water in sufficient quantity to all residents at all times. Ideally, a water distribution is of a grid layout with
supply and storage facilities strategically located to equalize pressure during periods of heavy
usage. Dead-end lines should be avoided to eliminate stagnant water and to reduce the number
of customers who would be out of water during periods of line repair.
Solid Waste Management
Solid waste collection and disposal services are provided within the City by North Valley Refuse,
a private hauler, under contract with the City. Refuse collected within the City limits is
transported by North Valley Refuse to the Flathead County landfill located approximately five
miles south of Whitefish. The City contract calls for weekly residential pick-up of refuse while businesses receive multiple
pick-ups each week, if needed. The demand for solid waste collection is typically proportionate
to the size of the community. Therefore, as the City of Whitefish accepts annexations its solid
waste service area increases, as well.
The extension of this service to newly-annexed areas is subject to the provisions and limitations
of 7-2-4736, M.C.A., as follows:
1. A municipality that annexes or incorporates additional area receiving garbage and solid waste disposal service by a motor carrier authorized by the public service commission to conduct such service may not provide competitive or similar garbage and solid waste
disposal service to any person or business located in the area for 5 years following
annexation, except: a. Upon a proper showing to the public service commission that the existing carrier is
unable or refuses to provide adequate service to the annexed or incorporated area; or
b. After the expiration of 5 years, if a majority of the residents of the annexed or
incorporated area sign a petition requesting the municipality to provide the service.
2. If a proper showing is made that the existing carrier is unable or refuses to provide
adequate service to the annexed or incorporated area or, after the expiration of 5 years, if
a majority of residents sign a petition requesting service from the municipality, the
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municipality may provide garbage and solid waste disposal service to the entire annexed
or incorporated area. 3. For the purposes of determining whether an existing motor carrier provides adequate
service, those services provided by the carrier prior to annexation are considered adequate
services.
The refuse contract also provides for recycling efforts in the form of curbside recycling options and one central drop-off location for aluminum cans, cardboard, newspaper, magazines, office
paper and plastic products. The site is maintained and serviced by North Valley Refuse.
Mandatory curbside pick-up of recyclables is being considered by the City and implementation
is anticipated sometime in the next five years.
Fire Protection
The Whitefish Fire Department (WFD) is an “All-Hazard” emergency response agency. In
addition to structural firefighting, the WFD provides hazardous materials response, wildland
firefighting, and many rescue services. It is also part of the Flathead County Emergency Medical
Service, providing Advance Life Support transport ambulance services.
Traditionally, fire protection was measured against the value of property protected and the risk
associated with specific properties. The fire department would have been evaluated using
factors such as response time, manpower, water supply, and type of equipment needed to
protect the property. However, the WFD does more than fight structural fires. The all-hazard
emergency response disciplines are measured against the potential risk within the community
protected.
PROTECTION AREA
The City of Whitefish Fire Department is a professionally staffed fire department combined with
a few volunteers that protects the City of Whitefish and the surrounding Whitefish Fire Service
Area (WFSA) through an interlocal agreement. The WFD is also the primary emergency
response agency for portions of the Flathead County Fire Service Area. In total, the WFD
provides fire protection and an all-hazard emergency response to an area larger than 100
square miles.
STAFFING
The WFD is staffed with a Fire Chief, an Assistant Chief/Fire Marshal and fifteen career
Firefighter/Paramedics who are divided into 3-shifts and provide 24/7/365 coverage with a
minimum of four Firefighter/Paramedics per shift. The WFD is supported by a decreasing
number of volunteers, as well as with automatic and mutual-aid partners including our
neighboring fire departments, the ambulance corps, and the DNRC. With the decline in
volunteer firefighters here and across the whole Flathead Valley, adequate staffing on scene
within a reasonable response time is problematic at times.
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FACILITIES & EQUIPMENT
The Whitefish Fire Department operates out of two fire stations. Administrative offices are
situated at Station #21, located at 275 Flathead Avenue in the City. The second station, Station
#22, is located outside City limits at the corner of Whitefish Stage Road and Hodgson Road;
this is the southern end of the WFSA. Most, but not all, of the area within the City is within the
5-road mile mark from a fire station that is considered a reasonable response distance for fire
protection. However, the majority of the 100+ square mile area WFD protects is not.
The WFD fleet represents the diversity of the services the department provides with structural
firefighting engines, water tenders, wildland firefighting engines, ambulances, command
vehicles, and specialty rescue vehicles. Current needs include a ladder truck and replacement
of aging apparatus with newer models.
Station #21 Fleet
Structural Fire Engine 231 2014 Rosenbauer 750-gal /1500-gpm CAFS, 4wd
Structural Fire Engine 233 1995 Spartan 1500-gal /1500-gpm
Medium Rescue Truck 251 1997 Spartan 500-gal /1250-gpm
Water Tender 291 2015 Peterbilt 3000-gal /750-gpm
Wildland Engine, type 6 281 1998 Chevy 225-gal / 80-gpm 4wd
Wildland Engine, type 5 282 2009 Ford 400-gal/150-gpm CAFS 4wd
Ambulance 221 2018 Braun 4wd
Ambulance 222 2013 Braun 4wd
Rescue Boat 272 1990 Achilles on on trailer
6X UTV 277 2010 Polaris 100-gal/90-gpm, on trailer
Utility / plow truck 261 2004 Dodge 4wd
Station #22 Fleet
Structural Fire Engine 232 1997 Spartan 1500-gal / 1500-gpm
Ambulance 223 2009 Ford 4wd
Other Vehicles
Hovercraft 271 2006 Neoteric housed at City Beach
Fire Boat 273 2003 Landing Craft docked at Lodge
Chief’s car 201 2018 Dodge 4wd pickup
Asst. Chief’s car 202 2002 Ford 4wd Explorer
WATER SUPPLY
Fire hydrant locations in the City are considered adequate in most areas, but in other areas the
water delivery system (water mains) needs improvement to allow for adequate fire flows. There
is also a general need to evaluate the size and location of the water supply system as the City
grows through infill and annexations.
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Outside City limits the fire department has access to a few small water systems that do not
always meet the required fire flows. As a result, the WFD hauls water using water tenders.
There is a need to identify adequate tender fill locations, especially as one travels further from
City limits.
FUTURE PLANS
The fire service area was once a rural area, but due to growth and development, property
values outside of City limits now rival those within the City. The City has adopted the
International Wildland-Urban Interface Code which includes fire protection requirements within
wildland-urban interface areas. Requirements include creation of a defensible space around all
structures and use of ignition-resistant construction and material. Better staffing and station
locations are high on the department’s priority list. The WFD is considering construction of
additional satellite fire stations that would be equipped with a properly sized fire engine (type 3
or type 1), a water tender, and an ambulance. Each new station would have bedrooms for
“Resident Firefighters”, volunteers who would augment the career firefighters. With these
satellite stations, the owners of properties within 5-road miles of each new station would
experience better (faster) service and decreased homeowner’s insurance rates. For the
purposes of any improvements to or extension of fire services, the tax burden would be shared
by all taxpayers within the Whitefish Fire Service District.
Law Enforcement
Police protection is one of the essential services that should be adequately and efficiently available to every citizen. The Whitefish Police Department is headquartered in the Whitefish
Emergency Services Building at 275 Flathead Avenue. It has a staff of sixteen full time sworn
officers, including a school resource officer, and three civilian personnel (administrative, parking
enforcement). Additionally, four Chaplains work with the department on a volunteer basis. The
primary service area is within the City limits; however, in 2017 City Council extended police jurisdiction to 5 miles beyond the City limits. The department has an Interlocal Agreement with
the Flathead County Sheriff’s Department for mutual assistance. Upon request from the County,
the Whitefish Police Department, if available, will respond to calls for assistance beyond its
area of jurisdiction. In return, the Flathead County Sheriff’s Department responds to calls for
back-up and assistance within the City's police jurisdiction.
At any given time, the Whitefish Police Department is influenced by a much larger population
than the 7,279 residents of the City. The Whitefish census county division population was
almost 13,000 in 2010; residents from these areas just beyond the City limits likely to come into
town for school, work, and the necessities of life on a regular basis. As a tourist destination, the
City of Whitefish also has a much-inflated daytime population during the peak summer months.
These factors impact the efficiency and effectiveness of the police force. Other factors that
impact the department are the number, frequency and location of crimes and traffic accidents.
As the City grows both physically and in terms of population, it will be necessary to staff and
equip the police department accordingly. For the purposes of any extension of police services,
the tax burden would be shared by all City taxpayers.
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Parks and Recreation
The City of Whitefish Parks and Recreation Department has developed plans and goals for the
next several years. The following is a brief description of the park facilities and program services
that are either in existence or planned for future development.
Armory Park
Armory Park is 25 acres in size and is located at 305 Armory Road. The facility includes two
softball fields, a soccer/lacrosse field, a 5-acre dog park, a bicycle pump track, a 15,000-square
foot skate park, a 4,000-square foot multi-use building, and public restroom facilities. This facility is the largest multi-use facility in our inventory of parks. Immediate plans call for
placement of an irrigation system in the softball fields. In addition, parking lots will be developed
adjacent to the softball fields and the dog park. An approved Armory Park Master Plan exists
identifying all the proposed park improvements. Baker Park
Baker Park is a 3.25-acre park along the Whitefish River. The park is bordered by Baker St. on
the west side, Central Ave. on the east side and 5th St. on the north side. Baker Park contains
two play equipment areas each designed for age appropriate use, a prefabricated restroom
building, one gazebo, dock access to the Whitefish River, and a large grass area. The Whitefish River Trail runs along the southern portion of the park.
Riverside Park
Riverside Park is a 4-acre companion park to Baker Park. It is adjacent to the Whitefish River and includes a portion of the Whitefish River Trail and a footbridge connecting the trail to O’Brien Avenue to the south. The park includes a storm water retention pond owned by BNSF
that overflows into the Whitefish River. In addition to the trail system, the park includes three
tennis courts, dock access to the river, and supportive paved parking adjacent to Baker Ave.
Improvements for the future include additional paved parking at the end of O’Brien Ave. City Beach
City Beach consists of a 3-acre park located along the shore of Whitefish Lake. The facility
includes a boat launch, a roped off designated swim area with a floating dock, four picnic
gazebos, restroom facilities, snack bar, staff office, a rental equipment facility, and an adjoining
parking lot. This facility also includes an over flow parking lot located on the corner of Edgewood
and Washington Avenues. City Beach also contains a newly constructed Aquatic Invasive
Species Inspection Station. The station was added on to an existing garage, which houses a
hover craft utilized by the Whitefish Fire Department for lake emergencies. City Beach receives
the most intense use of the Whitefish park facilities, hosting such special events as the 4th of
July celebration and multiple athletic events throughout the summer season. Several thousand
people attend the 4th of July event. Improvements for the future include replacing the retaining
wall.
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Depot Park
Depot Park is a 1-acre park located in downtown Whitefish directly across from the Historic
Whitefish Train Depot. The facility contains a statue recognizing the railroad history of the
community. It hosts several special events during the summer season, including but not limited
to: weekly farmer’s market, art shows, racing events, Huckleberry Days, and Ocktoberfest.
Depot Park is a key element to the Whitefish Downtown Business District Master Plan and
serves as a key focal point for the downtown area.
Kay Beller Park
Kay Beller Park is a 1-acre park located along the shore of the Whitefish River in the downtown
area. The facility is adjacent to the Whitefish Community Center and the Mountain View Manor
assisted living facility. The Whitefish River Trail runs through Kay Beller Park. The facility also
has a boat dock that provides access to the Whitefish River.
Grouse Mountain Park This 4-acre park is located on Highway 93 and Fairway Drive and contains two soccer fields
and three tennis courts. The facility also hosts a rest area with seasonally operated restrooms.
The parking area (approximately 20 cars) is undersized for the scope of activities that occur at
this site. Plans for this facility include upgrading and expanding the parking lot.
Memorial Park
Memorial Park is a 10-acre site with facilities including a baseball stadium that is used for
American Legion Baseball and by Whitefish High School for their football games. The stadium
is lighted and includes bleachers, dugouts and a concession stand. Currently the facility is
leased to the American Legion Baseball Association (Glacier Twins Baseball) and includes a
cooperative agreement with the School District for football use. The area surrounding the
stadium includes four pickleball courts, a full basketball court, and a playground. The park is
surrounded by perimeter parking. Plans for the park include an upgraded irrigation system for
open space and a permanent restroom facility.
Mountain Trails Park
Mountain Trails Park is a 5-acre park and the site of the Stumptown Ice Den, an indoor ice skating facility constructed in 2005. Additionally, it is the location of the Saddle Club activity building, leased to the Flathead Valley Ski Heritage Foundation, and the Warming Hut, leased
to the Whitefish Sports Facility Foundation. The park area also includes a playground, an
outdoor sand volleyball court, and paved parking for all facilities in the park. Soroptimist Park
Soroptimist Park is a neighborhood park approximately 1 acre that contains a small soccer field,
a half-court basketball court, and playground equipment. It serves primarily the residents of the
neighborhood.
James R. Bakke Nature Reserve
The James R. Bakke Nature Reserve is 4-acres in size with a ¼ mile trail and interpretive signs,
benches, picnic tables, a shed, a five-stall parking lot, and bike rack. Future improvements
include irrigation and sod on the northern portion of the property.
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Whitefish Park
A component of the High Point on 2nd Street subdivision, this park is a natural wetland along
Cow Creek. It offers a gravel path along the upper slope of Cow Creek that accesses the
subdivision’s open spaces.
Whitefish Golf Club Whitefish Golf Club is 36-hole facility with the original 18 holes located north of Highway 93,
under the ownership of the City of Whitefish and leased to the Whitefish Golf Club. The facility
includes a club house, pro-shop, restaurant, and driving range.
During winter, cross-country skiing is offered on the course with lights for night skiing. As a
footnote to the golf course, the current lessee also maintains the City of Whitefish Cemetery,
which is adjacent to the golf course.
Shared-Use Paths and Trails
Currently the City of Whitefish has approximately 13.6 miles of shared-use paths that run
throughout the City. Two-and-a-half miles of the trail system runs along Wisconsin Ave. The
remainder of the trail system consists of several smaller sections that serve specific areas of
the community. Sections that follow the banks of the river are referred to as the Whitefish River
Trail. Plans include completing the connecting sections that remain undeveloped. The City of
Whitefish Parks & Recreation Department maintains these paths in accordance with the 2016
Connect Whitefish Bicycle & Pedestrian Master Plan.
The Whitefish Trail
Construction of segments of this non-motorized, multi-use trail began in 2010 west of
downtown. In 2017, the Whitefish Trail (WT) consists of 42 miles of natural surface trails that
can be accessed from 13 trailheads. The trail provides year-round public access for hiking,
biking, and equestrian use. The WT can be readily accessed from the City’s shared use paths
and future proposed paths.
The City of Whitefish also has the following undeveloped facilities:
Canoe Park
Canoe Park is a 0.6-acre parcel located on Riverside Ave. and will serve as an access point to
the Whitefish River. Improvements will include a ramp and dock along with supportive parking.
Creekwood Park
Creekwood Park is a 4-acre undeveloped site within the Creekwood subdivision.
Crestwood Park
Crestwood Park is a 2.5-acre facility that has two horseshoe pits and open space that is
maintained by the Crestwood HOA. This facility primarily serves the residents of the northeast
quadrant of the community.
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Riverside at Whitefish River
Riverside at Whitefish River is a linear park that is adjacent to the Whitefish River and The
Lakes subdivision.
Riverwood Park
Riverwood Park is a 4.6-acre linear park along the bank of the Whitefish River and is a
companion park to the Whitefish River Trail.
River Edge Park
River Edge Park is a linear park along the bank of the Whitefish River and will support the
Whitefish River Trail.
River Trails Park
River Trail Park is a 2-acre linear park along the Cow Creek drainage and will serve as a natural
area and be retained as open space.
RECOMMENDED POLICIES FOR EXTENDING SERVICES
General Policies
The following general policies shall be pursued for all properties proposed to be developed within the City of Whitefish (“City”) limits or with annexation into the City:
1. It is the responsibility of the developer or property owner to construct all water lines,
reservoirs, pump stations, culverts, drainage systems, sewer systems, roadways,
sidewalks, curbs, gutters, street lighting, and rights-of-way in accordance to the Extension of Services Plans contained herein as well as the Subdivision Requirements of the City of
Whitefish and the Engineering Standards for Design and Construction. The infrastructure
improvements shall be of adequate size and design to accommodate the needs of the
proposed development. If a development creates impacts requiring off-site improvements,
the City Council will determine whether the developer shall wholly or partially bear the costs of such improvements.
2. The developer or property owner shall be responsible for providing fire protection
appurtenances and required water flows and pressures, to the satisfaction of the City Fire
Chief, based on the use of land and the type of construction employed.
3. Water systems and sewer systems shall be designed in such a manner as to avoid the
provision of booster pumps or lift stations if feasible. All proposed booster pump stations
and lift stations shall receive the approval of the City Engineer.
4. Before a development beyond City limits can connect to a City-owned utility, an Agreement
for Annexation and City Water/Sewer Services form shall be properly filed with the City
Attorney.
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5. Prior to receiving services, the developer or property owner annexing must initiate and
secure a rezone to appropriate City of Whitefish zoning when necessary. If the City initiates
an annexation, it will assume responsibility for needed zoning map amendments.
Policies for Extension of Services to Undeveloped Areas
Each development should be considered an integral part of the comprehensive services plan
of the City. Therefore, the following general policies for extension of services to undeveloped
areas should be observed:
1. Any subdivision or development of property within the identified growth area should be
designed in accordance with the current edition of the City's "Engineering Standards".
2. Any subdivision or development of land beyond the Whitefish City limits, but within the urban growth boundary, should be reviewed and commented upon by the City's Site
Development Review Committee. For development outside the planning jurisdiction, the
City shall recommend to the Board of County Commissioners that new development within
the identified growth area be in accordance with the City’s adopted zoning regulations,
Growth Policy, transportation and utility plans, and Engineering Standards.
3. Where construction of a sewerage system is being considered, the future drainage basin
of the system should be identified, and lines sized accordingly. The cost and construction
of all sewerage systems are the responsibility of the developer or property owner. Under
certain circumstances, the City Council will determine whether the City will participate in financing the oversizing of infrastructure.
4. It is the responsibility of the developer or property owner to have designed and constructed
water mains and lines of adequate size to provide the required flows for the intended land
use and fire protection.
5. It is the responsibility of the developer or property owner to provide all required
infrastructure improvements, as well as rights-of-way and easements.
6. Construction of any dwelling which is not equipped with adequate facilities for the sanitary
disposal of sewage is a violation of the Flathead County Regulations for Onsite Sewage
Treatment Systems. If an approved publicly owned sewage collection and treatment
system is readily available within 200 feet of the property line, the County will not issue a
septic permit and the property owner must connect to the public system. A connection is not readily available if the cost of the connection, as determined by the County, is greater
than three times the cost to install an onsite wastewater treatment system.
7. In addition to the base impact fee to connect to the public sewage or water system, requests
for connection outside the City limits for constructed dwellings not previously connected to a septic system or private well will be subject to a surcharge. After-the-fact inspections may
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also result in additional costs to the property owner associated with ensuring compliance
with state and local plumbing codes and City engineering standards.
Policies for Services in Existing Developed Areas
As a general policy, properties within the service area with existing utilities and facilities shall be required to upgrade those improvements to City standards and specifications as a
prerequisite to receiving City services or additional City utility services. In such situations, the
following policies shall apply:
1. Prior to making the municipal service(s) available to an existing developed area within the service area, the City may require a report describing the following:
• The approximate year or period in which the existing area was developed.
• The location, size and condition of existing water lines or systems.
• The location and condition of, the existing sewer system, including the size, material and grades of all pipe.
• The size, location and legal purpose of all existing rights-of-way and easements.
• The surface type, condition and width of all roadways.
• The existing storm drainage into and out of the area.
The report shall also include the estimated costs associated with correcting the deficiencies
and bringing the utility or improvement to City standards. The City may require such a
report to be prepared by a professional engineer, with the cost of the report borne by the
developer or property owner.
2. If the property is to be annexed, the City's annexation ordinance or resolution shall
specifically state the method and time frame for bringing the existing conditions into
compliance with City standards and shall identify the parties responsible for the improvements.
3. If City services are to be extended without concurrent annexation, the property owner shall
sign an Agreement for Annexation and City Sewer/Water Service. The agreement shall be
recorded with the County Clerk and Recorder's Office. The property owner shall also sign, and the City shall record, a waiver of the right to protest participation in and the formation of any special improvement district that may be formed to improve the existing services,
utilities, streets or other improvements.
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Policies for Areas Annexed as Wholly Surrounded Land (M.C.A. 7-2-45)
Properties that are wholly surrounded by the City generally have been receiving City services
such as police and fire protection, access to parks and recreation facilities, and road
maintenance (roads leading to property and those throughout the City that homeowners use frequently) for no cost. Once annexed, access to those services continues. Payment for these
services is shared by all City taxpayers. Extension of sewer and water infrastructure and
connection to City service shall be at the expense of the homeowners, though the cost of
maintaining sewer and water facilities, once constructed, is shared by all City taxpayers. A
homeowner may continue to rely on private wells and septic sewage systems after annexation and is not required to connect to City water and sewer services until such time as the septic
sewage systems or private wells require expansion, upgrading, or replacement.
Policies for Meeting the Cost of Services
1. For the purpose of setting aside adequate funds to replace components of the physical
infrastructure, the following shall be considered as the estimated life of each of the components:
Structures 30 Years
Pipelines 50-100 Years
Stationary Equipment
(motors, pumps, conveyors, etc.)
10 Years
Asphalt Surfaces:
• Local Streets 20 Years
• Collector Streets 15 Years
• Arterial Streets 10 Years
The amount to be set aside each year for the replacement of municipal infrastructure
components shall be the cost of construction, if new, or the total estimated replacement cost divided by the remaining- number of years of the life of the component.
2. It shall be the responsibility of the developer or property owner to extend all roadways and
utilities from the existing City facilities to the site of development in accordance with all City
standards and specifications and provide appropriate easements. It shall further be the responsibility of the developer or property owner to construct all streets and utilities to the
furthest boundary of the property to be developed in order to facilitate future development.
3. The ability of the City to increase existing utility line capacities to meet the demands of
growth is dependent upon the availability of funding. If the City's ability to finance the
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necessary enlargement cannot keep pace with development, or if the improvements
schedule does not mesh with that of the developer, it shall be the responsibility of the
developer to finance and construct City-approved alterations to the existing infrastructure sufficient to accommodate the development. In the event of this occurrence, the developer
may be reimbursed by the City through utility service connection fees for said development.
Said reimbursement shall not exceed the cost, including interest, of the improvements to
the existing City system, nor shall the reimbursement exceed the value of the connection
fees collected from the specific development.
4. If the developer bears the costs of extending services and/or utilities, the developer may,
with the approval of the City, enter into a “Latecomer’s Agreement” with the City. The
Latecomer’s Agreement, with a term not to exceed ten (10) years, allows the developer to
be reimbursed for that portion of the construction cost that benefits the adjoining
properties and/or is in excess of the minimum standard. Cost apportionment for a
Latecomer’s Agreement may be based on lot area, front footage, or any other equitable
means. The Latecomer’s Agreement shall include a list of those properties which will
benefit from the extension, the length of the Agreement, a map outlining and designating
properties, legal descriptions as required by the City, and backup data supporting both
the costs submitted and cost apportionment. The developer is responsible for initiating,
executing, and, after City approval, filing the Latecomer’s Agreement and providing the
City with a copy of the recorded Agreement. A proposed Latecomer’s Agreement must be
submitted within 90 days of acceptance of the project by the Public Works Department.
Acceptance of the project may occur once the design Engineer has certified to the City
that the facilities are complete and installed in substantial compliance with the approved
plans and specifications. Approval of a Latecomer’s Agreement is at the City’s sole
discretion. The City will exercise good faith efforts to collect the latecomer’s fee from
persons wanting to connect to the utility extension or street improvement and remit
payment to the developer.
5. The late-coming customer shall pay the extender a pro-rata share of the extension costs, including design and inspection fees. The pro-rata share may be based on lot area, front
footage, or other means agreeable to both the City and the developer which is equitable to
both parties as well as future customers.
6. If the City requires the customer or developer extending a sewer or water line to install a larger size than that required by City standards for a particular project, the City will
determine whether the City will participate in financing the oversizing of infrastructure.
7. The City reserves the right to further extend sewer or water mains installed by the preceding
developer or property owner without paying compensation. The City also reserves the right to charge future sewer or water utility users beyond those areas identified in the
Developer's Extension Agreement, if applicable, for their pro-rated share of the City's cost
for the oversizing of the line. This in no way shall diminish the preceding developer's right
to collect service line connection fees within the limits of a Developer's Extension
Agreement. In the case of water lines, the pro-rata cost shall be based on the domestic
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capacity plus fire flow capacity existing at the point of extension as opposed to the domestic
plus fire flow capacities required by the development. 8. Financing the construction of new streets in a proposed development, or the upgrading of
streets in an existing developed area, shall be accomplished in one, or a combination of,
the following methods:
a. The developer shall provide all necessary right-of-way, or additional right-of-way if less than adequate right-of-way exists.
b. The developer shall bear the cost of constructing all improvements within the right-
of-way in accord with this Plan, the City's Standards for Design and Construction,
and the City of Whitefish Subdivision Regulations.
c. Through the formation of a Special Improvement District (S.I.D.).
d. Federal or State grant funds.
e. State Fuel Tax monies.
9. Connection and user fees for properties located outside the City limits for sewer and water
services shall be charged in accordance with rates, charges and tariffs adopted by
ordinance or resolution by the City Council.
10. As new City streets are constructed, and as existing streets are improved, storm drainage
infrastructure shall be installed or improved to City standards. It is the responsibility of the
developer to convey storm water from their property to an appropriate point of disposal.
The quantity and rate of runoff from a developed parcel cannot exceed that which would occur had the property remained undeveloped.
11. For the purposes of fire, police, and all general government services, the tax burden for
these services shall be shared by all taxpayers in the Whitefish Fire Service District (for fire
services only) or the City.
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EXHIBIT A – ANNEXATION FORMS
After Recording Return to:
Michelle Howke, City Clerk
City of Whitefish
PO Box 158
Whitefish, MT 59937-0158
PETITION
BEFORE THE CITY COUNCIL
OF THE
CITY OF WHITEFISH
PETITION FOR ANNEXATION TO CITY
Dated this day of
The undersigned Property Owner hereby petitions the City Council of the City of Whitefish, pursuant to
Section 7-2-4601 (3)(a), MCA, requesting annexation of the following real property into the City of Whitefish and
to remove the following real property from the Whitefish Fire Service Area.
This petition is pursuant to the Contract Agreement for Annexation and City Water and/or Sanitary Sewer
Service dated the day of
Petitioner agrees that this annexation petition is irrevocable, and that the City may act on this petition, and
actually accomplish the annexation of such real property, at any time in the future, without limitation. Petitioner
has had an opportunity to review the City of Whitefish Plan for Extension of Services applicable to such real
property, and Petitioner is satisfied with such Plan.
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
ZONED AS:
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[Printed Name] {Printed Namel
STATE OF
County
of
On this day of , 20 before me, the undersigned, a Notary Public in and for the state
aforesaid, personally appeared and , known to me to be the
person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year last above written.
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After Recording Return to:
Michelle Howke, City Clerk
City of Whitefish
PO Box 158
Whitefish, MT 59937-0158
CONTRACT AGREEMENT FOR ANNEXATION AND
CITY WATER AND/OR SANITARY SEWER SERVICE
THIS AGREEMENT is entered into as of ____ day of ____________, 20___, by and between the City
of Whitefish, a municipal corporation ("CITY") as grantor of City water and/or sanitary sewer services, and
__________________________________ ("OWNER"), as grantee recipient(s) of City water and/or sanitary
sewer services, whose mailing address is __________________________________________________ with
respect to the following facts:
A. CITY owns and operates a municipal water and sanitary sewer system.
B. OWNER is the sole owner of the real property that is legally described below, or as fully
disclosed and shown on Exhibit "A" attached and made a part of this Agreement ("OWNER'S REAL
PROPERTY"):
LEGAL DESCRIPTION
C. OWNER'S REAL PROPERTY is located outside of the current corporate limits of the CITY.
D. OWNER desires to obtain municipal water/sewer service from the CITY to serve OWNER'S
REAL PROPERTY.
E. The parties desire to enter into an Agreement pursuant to MCA §§7-13-4312 and 7-13-4314, for
the CITY to furnish municipal water and/or sanitary sewer service at rates adopted in accordance with Montana
State Law in return for OWNER'S agreement that OWNER'S REAL PROPERTY may be annexed to the
corporate limits of the CITY at any time.
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In consideration of the performance of the terms and conditions of this Agreement on the part of each
party, and pursuant to MCA §§7-13-4312 and 7-13-4314, it is hereby agreed as follows:
(1) Furnishing of Sewer Services: The CITY hereby agrees to furnish municipal water and/or
sanitary sewer service to OWNER'S REAL PROPERTY. Unless otherwise agreed in writing between the
parties, OWNER shall be solely responsible for all costs involved in extending municipal water and/or sanitary
sewer service to OWNER'S REAL PROPERTY and connecting OWNER'S REAL PROPERTY to the municipal
water and/or sewer system. Nothing in this Agreement shall obligate CITY to pay the costs of right-of-way
acquisition, engineering, construction and other related costs involved in extending or connecting municipal
water and/or sewer service to OWNER'S REAL PROPERTY.
(2) Municipal Water and/or Sanitary Sewer Connections: Upon approval by the CITY Public
Works Department of the design and construction of all the municipal water and/or sanitary sewer lines and other
facilities necessary to serve OWNER'S REAL PROPERTY, and acceptance of all of such water and/or sewer
facilities by the CITY, OWNER will be given permission to connect no more than _______________ connection
to the CITY'S municipal water and/or sanitary sewer system. Any additional water and/or sewer connections
shall require a new application for service and approval obtained from the CITY Public Works Department.
Upon approval by the CITY Public Works Department, OWNER will be given
permission to extend _____________________ water and sanitary sewer stubs from the municipal sanitary
main to the property line of the property described herein. Any additional water and/or sanitary sewer stubs
shall require a new application for CITY water and/or sanitary sewer service. Prior to connecting any
residential or commercial building or any other structure to the water and/or sanitary sewer service stub-out(s),
a request must be submitted to CITY for municipal water and/or sanitary sewer service describing the use of the
building proposed to be connected. Any connections must comply with the Rules and Regulations for the City
of Whitefish Water, Wastewater and Garbage Utility. The request is to be reviewed and approved by CITY
prior to any connection of a residential or commercial building, or other structure. No residential or
commercial building or any other structure shall be allowed to connect to the municipal water and/or sanitary
sewer service extension unless approval has first been obtained from the CITY Public Works Department.
(3) Transfer of Title: Within thirty (30) days of the completion of the construction and CITY
acceptance of the said water and/or sanitary sewer extension, OWNER hereby agrees to transfer, or cause to be
transferred to CITY by appropriate documents any right, title and interest that OWNER may have in the municipal
water and/or sanitary sewer lateral and main extensions to be built by OWNER to provide service to the herein
described property.
OWNER agrees that the municipal water and/or sanitary sewer line extension to the
property shall be constructed in a public right-of-way or on land either owned by OWNER or subject to an
appropriate easement approved by CITY, granting OWNER, CITY, and their successors and assigns the right
to construct, repair, and maintain the sanitary sewer extension lines. If any portion of the lateral extension is
constructed on land owned by OWNER at the time OWNER transfers their interest in the sanitary sewer
extension line to the CITY, they shall also grant the CITY an appropriate easement for construction, repair, and
maintenance of the municipal water and/or sanitary sewer extension lines. The CITY shall not be required to
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accept any previously constructed water or sewer lines unless they are properly located in the right-of-way or a
valid easement.
(4) Maintenance: Upon completion and acceptance of construction and the approval of access to
the municipal water and/or sanitary sewer lines constructed in easements, maintenance, and repair of the mains
servicing OWNER'S REAL PROPERTY shall become and remain the responsibility of CITY. Maintenance
and repair of the lateral service lines serving the OWNER'S REAL PROPERTY shall become and remain the
responsibility of the OWNER.
(5) Rates, Rules and Policies: OWNER agrees to pay to the CITY such charges, rates, and fees,
including but not limited to connection fees and impact fees, as are established by the CITY in accordance with
Montana Law. In addition, OWNER agrees to comply with and be subject to all of the CITY'S rules, regulations
and policies, as amended from time to time, with respect to the operation of the CITY'S municipal water and/or
sanitary sewer system.
(6) Consent to Annexation: OWNER acknowledges and agrees that the CITY is willing to
provide municipal water and/or sanitary sewer services only if OWNER provides all of the promises and
representations contained in this Agreement. Pursuant to MCA §7-13-4314, the CITY requires that any person,
firm, or corporation outside of the incorporated CITY limits is required, as a condition to initiate such service(s),
to consent to and petition for annexation of the tract served by the CITY, and in consideration for the CITY'S
agreement to provide municipal water and/or sanitary sewer service, OWNER agrees to consent to annexation
under the following conditions and in the following manner:
a) OWNER hereby irrevocably consents to the annexation of OWNER'S REAL PROPERTY, and
OWNER irrevocably waives any right of protest to any annexation proceedings initiated by the
CITY. OWNER agrees that the CITY may initiate annexation of OWNER'S REAL
PROPERTY, relying upon this consent and waiver of protest, at any time in the future, without
limitation. OWNER acknowledges that, but for this waiver, OWNER would have a right to
protest the annexation of OWNER'S REAL PROPERTY.
b) OWNER hereby petitions to have OWNER'S REAL PROPERTY annexed to the CITY, pursuant
to MCA §7-2-4601, et seq. OWNER agrees that the CITY may act on this petition at any time
in the future, without limitation. OWNER furthermore expressly waives the provisions of MCA
§7-2-4608, which provides, in effect, that no property used for agricultural, mining, smelting,
refining, transportation, or any industrial or manufacturing purposes or for any purpose incident
thereto shall be annexed pursuant to the provisions of MCA §7-2-4601, et seq.
c) OWNER hereby signs the petition requesting annexation attached to and made a part hereof
under this Agreement for municipal water and/or sanitary sewer services at the time of signing
this Agreement. Such Petition shall be filed with the City Clerk.
d) OWNER acknowledges and agrees that OWNER has had an opportunity to inspect the contents
of the CITY'S Plan for Extension of Services, as adopted by the CITY, and which describes the
manner in which CITY services may be extended to properties annexed by the CITY. OWNER
acknowledges and agrees that OWNER is satisfied with the CITY'S Plan for Extension of
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Services, and that the CITY'S Plan for Extension of Services adequately provides for the
extension of CITY services to OWNER'S REAL PROPERTY. OWNER hereby waives the
right to object or otherwise challenge the CITY'S Plan for Extension of Services.
e) OWNER hereby irrevocably waives for all time the right to file an action in court to challenge,
for any reason, the CITY'S annexation of OWNER'S REAL PROPERTY, whether such
annexation occurs now or in the future.
f) OWNER acknowledges and agrees that all of OWNER'S REAL PROPERTY, as described
above, will clearly and immediately, and not merely potentially, be serviced by the municipal
water and/or sanitary sewer service to be provided by the CITY pursuant to this Agreement.
g) OWNER agrees that if ever OWNER, their heirs, assigns, successors, purchasers, administrators,
personal representatives or subsequent holders of title to OWNER'S REAL PROPERTY, breach,
challenge, disregard, or otherwise violate any of the terms of this Agreement, the CITY may,
after providing twenty (20) days written notice, terminate water and/or sanitary sewer services
to OWNER'S REAL PROPERTY, in addition to any other remedies that the CITY may have.
h) OWNER agrees that if OWNER, in violation of this Agreement, submits a protest to the
annexation of OWNER'S REAL PROPERTY, the CITY may disregard such protest, in addition
to any other remedies that the CITY may have.
i) The promises, covenants, representations, and waivers provided pursuant to this Agreement are
voluntarily and knowingly given, with full knowledge of the OWNER'S legal rights. OWNER
acknowledges and agrees that it is has had an opportunity to consult with legal counsel of its
choice regarding the provisions of this Agreement.
(7) Recording; Binding Effect: OWNER agrees that this entire Agreement shall be recorded in
the office of the Clerk and Recorder of Flathead County, and OWNER agrees that this Agreement shall run to,
with, and be binding upon OWNER'S REAL PROPERTY and OWNER'S title to such real property, and shall
be binding upon the OWNER'S heirs, assigns, successors, administrators, personal representatives and any and
all subsequent holders or owners of OWNER'S
REAL PROPERTY.
(8) Future Deeds: Subsequent to this Agreement all deeds to parcels of land within the property
subject to this Agreement granted by OWNER shall contain the following consent to annexation and waiver:
The Owner hereby covenants and agrees that acceptance of this deed does constitute a waiver
of the statutory right of protest against any annexation procedure initiated by the City of
Whitefish with respect to the property described herein. Owner also agrees that acceptance of
a deed constitutes an obligation on the part of Owner to initiate annexation procedures per the
Petition to Annex on file at the City Clerk's Office.
This consent to annexation and waiver shall run with the land and shall forever be binding upon the
Owner, transferees, successors and assigns.
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OWNER agrees that this Agreement shall be binding even if OWNER fails to include the language set forth
above in future deeds. After annexation of OWNER'S REAL PROPERTY, future deeds need not contain the
language set forth above.
(9) Term: This Agreement shall be in perpetuity.
(10) Entire Agreement: This Agreement contains the entire agreement between the parties and any
additional agreement hereafter made shall be ineffective to alter, change, modify or discharge it in whole or in
part, unless such additional agreement is in writing and signed by the parties hereto.
(11) Partial Invalidity: Each term, covenant, condition or provision of this Agreement shall be
viewed as separate and distinct, and in the event that any such term, covenant, condition or provision shall be held by a court of competent jurisdiction to be invalid, the remaining provisions shall continue in full force and effect.
(12) Necessary Acts: Each party to this Agreement agrees to perform any further acts and execute
and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement.
OWNER(S) OWNER(S)
[Printed Name]
[Printed Name]
CITY OF WHITEFISH
ATTEST:
By:
Adam M. Hammatt, City Manager Michelle Howke, City Clerk
STATE OF )
) ss.
County of )
On this ______ day of ___________________, 20___, before me, the undersigned, a Notary Public in
and for the state aforesaid, personally appeared _________________________ and
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_______________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing
instrument, and acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
last above written.
STATE OF MONTANA )
) ss.
County of Flathead )
On this ______ day of ________________, 20___, before me, the undersigned, a Notary Public in and
for the state aforesaid, personally appeared ADAM M. HAMMATT, and MICHELLE HOWKE, to me known
to be the City Manager and City Clerk respectively of the City of Whitefish, that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the
City of Whitefish for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument on behalf of the City of Whitefish.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
last above written.
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File #:
City of Whitefish Date: Planning & Building Department
PO Box 158
418 E 2nd Street Date Complete:
Whitefish, MT 59937
Phone: 406-863-2410 Fax: 406-863-2409
ZONING MAP AMENDMENT - ANNEXATION
INSTRUCTIONS:
□ Submit the completed application with annexation form and appropriate attachments to the
Whitefish City Clerk’s Office.
□ After annexation, the rezone application will be scheduled at the next available meeting of the City
Planning Board, which meets on the third Thursday of each month at 6:00 PM at City Hall at 418
E 2nd Street.
□ After the Planning Board hearing, the application is forwarded with the Board’s recommendation to
the next available City Council meeting for hearing and final action.
A. PROJECT INFORMATION:
Project Address:
Assessor’s Tract No.(s)
Block #
Section __________ Township __________ Range___________
I hereby certify that the information contained or accompanied in this application is true and correct to the best
of my knowledge. The signing of this application signifies approval for the Whitefish staff to be present on the
property for routine monitoring and inspection during the approval and development process.
_________________________________________ __________________________
Owner’s Signature1
_________________________________________
Print Name
Date
_________________________________________ __________________________
Intake Staff:
Lot No(s)
Subdivision Name
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Applicant’s Signature
_________________________________________ Print Name
Date
_________________________________________ __________________________
Representative’s Signature Date
_________________________________________
Print Name
1 May be signed by the applicant or representative, authorization letter from owner must be attached. If there are multiple owners, a letter
authorizing one owner to be the authorized representative for all must be included. 1
Revised 4-12-17
APPLICATION CONTENTS:
Attached ALL ITEMS MUST BE INCLUDED - INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
Zoning Map Amendment – Annexation Application
Map showing the location and boundaries of the property
Copy of Approved Resolution annexing property into City limits
Electronic version of entire application such as .pdf
Certified adjacent owners list for properties within 150-feet of subject site
When all application materials are submitted to the Planning & Building Department, the application
will be scheduled for public hearing before the Planning Board and City Council.
B. OWNER(S) OF RECORD:
Name: ________________________________________________Phone: __________________
Mailing Address: _________________________________________________________________
City, State, Zip: __________________________________________________________________
Email: _________________________________________________________________________
APPLICANT:
Name: ____City of Whitefish___________________________Phone: __406-863-2410__
Mailing Address: ______P.O. Box 158________________________________________________
City, State, Zip: _______Whitefish, MT 59937__________________________________________
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C. State the changing conditions that make the proposed amendment necessary:
-------------------- For City Staff Use Only -------------------- PROPOSED ZONING: CURRENT ZONING DISTRICT:
PROPOSED ZONING DISTRICT: 2
Revised 4-12-17
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EXHIBIT B – WHITEFISH URBAN GROWTH BOUNDARY
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EXHIBIT C - ZONING JURISDICTION AND ZONING DESIGNATIONS
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