paper 1-williams
Bioregional Planning and Community Design
BIOP522
“Truly sir, you jest….”
Medieval
Comedy comes to mind when considering planning in Northwest Montana. Like many in Goldoni’s or Shakespeare’s
works, those who participate in the `planning process’ find willing analogous
parts within their plays. Much like the
formative period found in comedias and dramas during the Renaissance, Planning
in rural parts of Montana exist in a very primeval state, with a multitude of
actors.
Montana,
like most parts of the rural West, exists in a world filled with distain for
rules, regulations. A world where
individuals champion their perceived rights. When interpretively appropriate;
planning legislation, building codes, rules, and regulations are consciously,
selectively ignored. When something occurs within one’s realm where there is
disagreement, the participants invest time boning up on their “Constitution,”
and liberally interpreting what rules and regulations exist, to their own
benefit. Western folk have few issues sharing theirs in both public and private
venues.
The
stage setting in Flathead County[1],
within which exist the incorporated cities of Columbia Falls, Kalispell and
Whitefish. In 1979, the three Flathead Commissioners created the Flathead
Regional Development Office ( FRDO, pronounced `Fir Dough’ ) The first director
was Nick Verma, with Dave Greer & Tom Jentz as Planners.
Mssrs
Verma, Greer and Jentz became key players in something which immediately became
a farce. By law, the political entity was required to plan. Through popular
sentiment, an exercise the general population did not want. Since its’
inception, FRDO has always been exposed to the ill winds generated by
ultra-Conservative citizens. Like the aforementioned playwright’s characters,
the rural West is graced with a broad spectrum of characters – from ultra Left
wing terrorists, Ted Kaczynski, ) to ultra-Right wing anti-government
libertarians, such as the `Freemen.’
When
the planning office was started, along with process, all these characters and
more, played roles in what planning has transpired since 1979. To date,
approximately three-eighths (3/8) of the county is zoned. While planning is
required to adopt zoning, much of the larger zones have been generated through
a “Not In My Back Yard” (Nimby) process. Someone threatens an area, in response
the neighbors club together to generate the planning and zoning documents, establishing
use & parcel requirements which exceed the sizes of the current property
owner’s holdings.
In
1992, the County Commissioners expanded FRDO, adding a Building Department to
enforce Building Codes as adopted and interpreted by the State. . This Department
attempted provide services, plan review for compliance with the 1989 ICBO
Building Codes with issuance of Building Permits for residential and commercial
construction. In 1993, the County Commissioners dissolved this Department
following significant public negative response.
From
1979 through 1996, FRDO worked to responsibly plan Flathead County. By the mid
eighties, the three incorporated cities had adopted Master Plans and implemented
zoning overlays. FRDO’s limitations came
through budget. To account for process, the Cities and County established
jurisdictional bounds. Columbia Falls and Whitefish’s jurisdictions split the
differences between their communities, and peripheral rings of five miles
extended on the remaining borders. Kalispell’s boundaries extended three miles.
These boundaries outside municipal limits are referred to as `Donuts.’ Three `joint’ advisory City-County volunteer
Planning Boards attended to Applications, Hearings, Planning and Zoning.
Composed by equal numbers of County and City residents, they were advised by a
professional FRDO planner. Applications were vetted for compliance by FRDO
planners, a report was generated consisting of Summarization, Findings of Fact
and Recommendations. The City-County Planning boards held the initial Public
Hearings, acted and forwarded the results of their hearings to the respective
political bodies. The second and only important meeting was with the governing
political bodies, either the three city councils (six council members + mayor elected
in non-partisan elections) or County Commission ( three commissioners elected
in bi-partisan elections.) The operational pronouns here are advisory,
political, non-partisan and bi-partisan.
With
the Neo-conservative political movement, referred to as the `Sage Brush
Revolution,’ in the 1980’s, concepts like planning and zoning came under fire
as manifestations of a liberal, elitist, `big government.’ Flathead County
witnessed growing acrimonious hearings. FRDO suffered significant budget cuts
as farther Right Wing politicians were elected to the three part-time County
Commissioner positions. The planned communities suffered as staff and
administrative cut-backs lead to an attrition of qualified, experienced
planners, hurried processing of applications and reduction of any and all true
planning.
1996
saw election of two libertarian commissioners, whose first act was to dissolve
FRDO. To their chagrin, the State of
Montana’s Attorney General issued the Opinion that the County had to have a
Planning Office, to responsibly govern. The County’s response was to curtail
all planning within the respective donuts, forcing the cities to create their
own Planning Departments. FRDO’s staff went from a Director, four full time
Planners, two part time Planners and associative staff to a Director. a planner
and one staff member. Kalispell and Whitefish employ Planning Directors and a
planner plus staff, Columbia Falls has one planner. The cities of Kalispell and
Whitefish had provided a Building Department since 1979. With the addition of
Planning Departments, both incorporated Building Offices into Planning and
Building Departments[2].
Both organizations are managed by Senior Planners.
Growth
in the Flathead Valley grew commensurately in the late nineties. At the turn of
the century, property values in planned cities accelerated. A by-product of
this growth was significantly greater growth in the respective donut areas. In
the early nineties, the ratio of City to County residents was approximately
forty percent City
to sixty percent County. By 2014 that ratio
had changed to thirty three percent Cities, sixty six percent County. Appendix
1 contains a spreadsheet of population trends from 2004 through 2014,
corroborating this statement.
- The significant growth in Flathead County may be attributed to several conditions:
- The country experienced a financial boom between 1992-2000.
- The Canadian natural resources caused a neighboring financial boom in Alberta.
- Domestic racial issues in more populated metropolitan areas and states led to a migration of retirees to less populated Western States.
- A younger population, better heeled, moved into this region, taking advantage of recreational amenities (Glacier National Park, The Bob Marshall Wilderness, Whitefish and Flathead Lakes, The Big Mountain & Blacktail Mountain ski resorts, and the burgeoning communities of Bigfork and Lakeside. )
These
situations created a new phenomena. A by-product of the 1990’s financial boom, elite large scale developments started cropping
up:
- Big Sky, outside of Bozeman, Montana
- Kimberland Meadows, outside of McCall, Idaho
- Iron Horse, between Whitefish and the Big Mountain.
- Harbor Village, outside Bigfork
- Sun River, Oregon
- Kayenta, St. George, Utah
- Deer Valley, Utah
- Park City West, Utah
- Crested Butte, Colorado
- The Stock Ranch, Hamilton, Montana
- Expansion of existing resort communities (Sun Valley, Idaho, Park City,Utah & Vail Colorado)
Projects
on massive scale were products of outside funding never witnessed in the rural
West. Prior to this period, western rural states languished due to conservative
lassez-fare approach to economic growth. The economic boom in more developed
states resulted in rural communities falling prey to developers who had been
jaded by process and regulation in their home states. The developers and
investors found opportunity and ease in communities whose state of planning
existing in a medieval state of development.
“Alas,
Poor Whitefish, I knew her well.”
From
our balcony seat, Kalispell is in the back right, Columbia Falls to the back
left, and Whitefish is center stage. Why? The adjacent city of Columbia Falls[3]
has had the motivation of an industrial nature. A quasissential company town,
Columbia Falls has depended on Plum Creeks’ Plywood/MDF plant ( 70 years ) and
ASARCO Aluminum Plant ( 60 years .)
Kalispell, which is bisected by Highway 93 and festooned with marginal strip
developments from the seventies, eighties and nineties. These commercial
developments have bled Kalispell dry. “Old Money” has migrated from real estate
to investments in a massive regional health center and banking. Once the financial center, and former
governmental center of Northwest Montana, Kalispell has enjoyed a deteriorating
commercial core as development sprawled beyond its boundaries and jurisdiction.
Whitefish[4]
has a sense of place. It enjoys a
scenic lake, thirty-six hole golf course, neighboring Big Mountain Ski resort. It
enjoys a vibrant downtown, a population on average lower than the other two
communities, and an expanded art and theater scene. For comparison in Idaho,
think of Whitefish as McCall, with three times the population, Glacier National
Park thirty minutes to the east and Canada, an hour’s drive north. Whitefish is
also a community which is “loved too much.” While Kalispell was the governmental
center, Whitefish continues to enjoy the Burlington Northern Santa Fe Division
point. A massive railroad yard where trains are cut up, to haul freight east, over
Continental Divide – Marias Pass, and for trains heading west to be
reassembled for a less formidable route
west to Spokane, Portland and Seattle. Even today, the Whitefish Depot has the
highest Amtrak passenger count between Seattle and St. Paul/Minneapolis.
In
catching up with our planning `plot,’ libertarian `Capulets’, i.e. the County
Commissioners, have eliminated the
central planning office, hamstrung what is left, by underfunding. Qualified
planners have departed for Fair Portland[5],
the municipalities[6],
and the private sector[7]. This leads to our pre-climax as outside money
and consultant assemble in Whitefish to develop:
- Iron Horse, funded by Texas’s Hunt Brothers.
- The Big Mountain, once a community owned ski resort, was collected by Bill Foley, a New York investment banker.
- The southern shore of Whitefish Lake has been purchased by Mike Goguen, a senior partner in Sequoia Capital, who has since developed a food service business with three restaurant chains.
This
built pressure on Whitefish’s newly constituted planning department and
reformed City Planning Board. Pressure is brought to bear from five directions.
Rampant growth has spawned the creation of:
·
Citizens for a Better Flathead, an organization
promoting responsible growth, adherence to existing planning and zoning
regulations.
·
A loose coalition of Whitefish Developers. Old
Whitefish developers and new, these people and their representatives began
meeting bi-weekly in the mid nineties, and influence planning decisions through
collective appearances in planning board & city council hearings, editorial
letters, threatened & real lawsuits, and traditional smoke filled room
tactics. This group is politically
conservative and most successful in influencing the County Commissioners.
- · The Heart of Whitefish, an organization of young business people whose vested interest is in protecting Downtown Whitefish, limiting strip development and fostering an aggressive downtown Master Plan effort. Their longevity is assured as they benefit financially due to their sponsorship of the local Tuesday evening Farmer’s Market. They invest these funds in financing long term planning of the Downtown District.
- · The Whitefish Chamber of Commerce. This organization became politically active during the mid nineties, often acting as a surrogate influence on municipal planning. In the mid nineties, Jerry Hansen ( Jericho Development ) developer’s consultant was President; Mike Collins, CEO of Big Mountain’s real estate division; Greg Carter, Grouse Mountain Development; and Tim Gratten, Lion Mountain Developer collectively sat on the Chamber’s board of directors. Their mission is to promote growth and development anywhere within the City’s borders.
- · ` New Montanans’ – citizens of wealth, who bring images and predisposed notions of the West with them. These are accompanied by their political and racial opinions. Due to their affluence, like the developers, their influence is effectively felt in the County Commissioner Board Room.
“Mercutio is offended by
Tybalt's insolence, as well as Romeo's "vile submission,"[1] and accepts the duel on
Romeo's behalf. Mercutio is fatally wounded when Romeo attempts to break up the
fight. Grief-stricken and wracked with guilt, Romeo confronts and slays Tybalt.[8]”
Between
1995 and 2002, the City of Whitefish assumed planning jurisdiction of the City
County area, updated a fifteen year old Master Plan, and ten year old Zoning
documents. Four Neighborhood plans were adopted, the Big Mountain Resort plan
was amended three different times, and the Iron Horse development was added to
the City’s boundaries, increasing Whitefish’s size by fifty percent (50%.) At
the toll of two Planning and Zoning Directors, one Public Works Director, and
one City Manager.
Not
to be outdone, local developers, added and abetted by New Montanans, engaged
the Flathead County Commissioners in closed door sessions. Their interest? To
take back any and all City jurisdiction beyond the City’s boundaries, i.e.,
`the Donut.’ Their argument is that the county residents do not have a
political say in how they are governed. The result is a series of lawsuits where
the City prevails, loses the appeal to the County, and eventually the State of
Montana’s Supreme Court sided with the County Commissioners. For a period, the
five to eight miles leading into Whitefish, once planned and zoned, finds
itself in limbo. During this period a modest land rush occur as speculators buy
highway frontage, with the knowledge that the County Commissioners, ever
protectors of an Property Rights, doing what he wants, will allow strip
development in the forested frontages approaching Whitefish.
“Wherefore
art thou, Planning?”
To
date, Whitefish has done well. The City has filed suit to stop the County from
rezoning frontages approaching the City. The argument is that the Courts
ordered the County to match previously zoned lands, with those county zoning
categories which most match. This is something the Commissioners did not
pursue. Their concept was a ill defined series of zones bearing little, if any
resemblance. While a legal court shall settle the City’s contention, there is
the Court of Public Opinion.
Whitefish
is currently viewed as an resort community inhabited by liberals, over educated
elites, and the extremely rich. Most
often, the community is referred to as “The People’s Republic of Whitefish.”
What
is missed, is that Whitefish is responsibly planned. Thanks to responsible
Planning and Zoning the community’s property values are twice those, per acre,
compared to the other six Class B cities in Montana[9]. This
class was are assigned the according to Montana State University’s Center for
Governmental Studies, based on budget, size of government, size of city and
population. This equates to increased tax revenues for both city and county, a
better funded public school system, and a better funded public works program.
What
hurts Whitefish? Growth in the city has averaged six percent over the past
twenty years. Growth in the County is almost double that. Much of that growth
occurs in the peripheral areas surrounding Kalispell and Whitefish. This leads
to demands on infrastructure and services by neighbors who do no financially
support the services they receive.
Communities
with responsible planning and zoning account for a great many positive
conditions, and few conditions less so.
Most county residents express their concerns about rising taxes and less
government – a common mantra. Their arguments for elimination of the peripheral
donut areas have occurred in only one jurisdiction – Whitefish. Their principal
argument is the want of political representation. During this period, it should
be remembered that the City Planning Board mandated at least two seats on that
body. While the City Council members had to be municipal citizens, those
outside the boundaries were represented by the County Commissioners. Animosity
between City and County bureaucrats led to
a point where the County Commissioners adamantly refused to act on behalf of
the citizens in the three incorporated cities. This was in spite of the fact
that a third of their constituents found residence in Cities. The apothecary’s
poison? That the three Cities, due to higher property values generate the bulk
of tax revenues which fund County government.
The current breakdown of taxes, exempting Special Improvement Districts,
finds 52% of taxes going to the local school district, community college and
county high school. 25% goes to the City, and the remaining 23% ends up in County
coffers. And our tale has yet to end, be told…
The
assignment asks the writer to address personal opinions.
Fair
enough. I am an Architect, holding a professional degree from the University of
Idaho. Unlike most members found on the citizen’s planning boards and councils
& commissions, Architects are versed in Planning as course of study. This
professional education is considered elitist by most. Yet, often the best
observations and work has been accomplished by those with background, interest
and experience. What is less appreciated is what responsible planning
accomplishes for communities. Planning and Zoning :
- · establishes a vision of where a community may be.
- · protects existing, if not increases, property values..
- · provides an clear understanding of what may occur responsibly.
- · is flexible, allowing accommodating change, as the communities change.
- · provides current property owners the assurance that their holdings and investment may not be jeopardized by contrary adjacent uses.
- · protects the environment
- · provides a means of addressing provisions & growth of public services and utilities.
- · promotes higher tax revenues due to increased taxable values of property
Sure,
there are `cons’ to planning. These are nominal. They include, and are not
limited to:
- · increased regulation and process
- · cost in administration and staff .
- · personal limitation of use by championing the interests of the community over those of the individual.
- · may limit financial appeal due to limitations of use.
- · Increases taxes due to increased values of property
I
dislike the following. However…
As
an Architect, I have championed planning and zoning. This has occurred at a
local and county level. I have actively participated in Whitefish’s growth,
over the past twenty five years. I have:
- · Served three terms on the Whitefish City–County Planning Board. (1986-1995)
- · Served a term on the Whitefish City Council (1993-95)
- · Chaired the municipal committee which generated Whitefish’s first architectural guidelines.
- · While on the City Council enacted work to provide the first community recycling program in Flathead County; insured the Master Plan and Zoning updates in 1995, 1996 be adopted at both a City and County level.
- · Lead the drive to adopt municipal public works standards for roads and parking.
- · Introduced legislation to create bike paths, require sidewalks, street lighting and non vehicular circulation patterns allowing children to access schools, parks and city beach in the safest means possible.
- · Negotiated and saved the Historic Whitefish Train Depot
- · Negotiated and renovated the Historic Belton Train Depot in West Glacier.
- · Insured the public access and participation in Public Works and Planning reviews of Applications prior to actions by the Planning Board and City Council.
- · Worked to insure that rules and regulations be enforced fairly and equally.
- · Chaired the Planning Board committee which lead to the development and adoption of the Highway 93 South Neighborhood Plan.
- · Serve as Chairman and Commissioner of the Whitefish Government Review Committee ( 2014-2016 )
- · Designed and planned, with David Greer, Planner; the New Urbanist development in Bigfork, Harbor Village.
- · Hold License to practice in Montana and Idaho, formerly in Alberta, Canada.
- · Invested time over the past two years working on a Masters In Architectural Science at the University of Idaho.
Much
of my career has been invested in my community and region. Much of what has
been written may seem critical. Architects and Planners celebrate community by
bringing to the stage setting a learned approach to planning, and an
appreciation for the fiscal responsibility. I have yet to find a person running
for office whose platform includes higher taxes. I do believe that communities
deserve a responsible level of government, with inherent services.
Over
the course of the last twenty five years, I have listed my involvements,
possibly accomplishments. As a professional who supports responsible planning,
growth and development, I should also mention that there are costs.
The
first time I was threatened was at a Sign Ordinance hearing where an attorney
representing those opposed, suggested the best place for me, and my opinions
was at the bottom of the Whitefish River wearing concrete overshoes.
An
attempt to bribe was made the week leading up to the final vote on Iron Horse
by their California Architect. To this day, I have yet to design a home in that
subdivision.
My
professional practice suffered as the local developer’s community disagreed
with my activities promoting a new Master Plan, Zoning, and Public Works
Standards. Being on the Planning Board and City Council limited my ability to
support my family.
The
first week I sat on the City Council, I was sued by a developer whose property
had been rezoned in a update. The lawsuit was later tabled and has never been
acted upon.
As Architects
and Planners, we have an obligation to act in a professional manner. By virtue
of the rules and regulations which govern our practices, we conduct ourselves
in an ethical, responsible manner. Unfortunately, a rugged streak of
individualism, coupled with the Western traditions of independence and personal
rights occasionally run afoul of the intent of responsible planning. In my
corner of the rural West, planning is oft times ignored, assaulted and avoided.
“It
is better to ask for forgiveness, than it is to ask for permission[10].”
[1] https://en.wikipedia.org/wiki/Flathead_County,_Montana
[2]
Columbia Falls had a building department in 1994-95. Members of the local
construction industry forced its closure when the Columbia Falls City Manager
took a medical leave of absence. The interim City Manager succumbed to public
pressure
[3] https://en.wikipedia.org/wiki/Columbia_Falls,_Montana
[4] https://en.wikipedia.org/wiki/Whitefish,_Montana
[5]
Ross Plambeck, Kalispell Community Development Commerical Officer and Steve
Kountz, Seniro FRDO Planner
[6]
Tom Jentz becomes the Senior City of Kalispell Planner
[7]
Eric Mulcahy leaves FRDO for Plum Creek, later Sands Surveying when they offer
planning services; Dave Greer, who freelances for the Department of Fish,
Wildlifeand Parks, then Plum Creek, Northwest Montana Healthcare and Harbor
Village where he and ken williams architect and develop the New Urbanist plan
for Bigforks’ Harbor Village.
[8] Wikipedia
contributors. "Romeo and Juliet." Wikipedia, The Free Encyclopedia.
Wikipedia, The Free Encyclopedia, 25 Jan. 2016. Web. 5 Feb. 2016.
[10]
Dan Averill, Developer. Mr. Averill is the Developer who filed lawsuit. His
quote is often repeated and accepted as commonly held wisdom
