ORDINANCE NO. 24-02

An Ordinance of the City Council of the City of Whitefish, Montana, amending Title 12, Subdivision Regulations, of the Whitefish City Code.

WHEREAS, in 2023, the City adopted amendments to Title 12, Subdivision Regulations, of the City Code to address changes to the Montana Subdivision and Platting Act made by the 2023 Montana Legislature through Senate Bills 131, 152, 158, 170, 323 and 331 and House Bills 211 and 874, and to address various housekeeping items; and

WHEREAS, the subdivision regulations were subsequently amended to address various topics; and

WHEREAS, staff initiated an effort to further amend the subdivision regulations to address changes made by the 2023 Montana Legislature through Senate Bill 130, and to address various housekeeping items; and

WHEREAS, a legal notice was published in the Whitefish Pilot on January 3, 2024; and

WHEREAS, on December 29, 2023, staff sent notices to twenty-one (21) reviewing agencies, departments and other service providers regarding the subdivision regulation amendments; and

WHEREAS, at a lawfully noticed meeting held on January 18, 2024, the Whitefish Community Development Board received an oral and written report from Planning staff, invited public comment and recommended approval of the proposed amendments to the subdivision regulations; and

WHEREAS, at lawfully notice meeting held February 5, 2024, the Whitefish City Council received oral and written reports from Planning staff regarding the proposed amendments to the subdivision regulations and invited public comment; and

WHEREAS, it will be in the best interests of the City of Whitefish and its inhabitants to adopt the proposed amendments to the subdivision regulations.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whitefish, Montana, as follows:

Section 1:   All of the recitals set forth above are hereby adopted as Findings of Fact.

Section 2:   Staff Report WSUB 24-01 dated January 11, 2024, together with letter of transmittal from the Whitefish Planning & Building Department dated January 30, 2024, are hereby adopted as Findings of Fact.

Section 3:   The amendments to Title 12, Subdivision Regulations, as shown in Exhibit A are hereby adopted.

Section 4:   In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect.

Section 5:   This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Whitefish, Montana, and signing by the Mayor thereof.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, THIS 20TH DAY OF FEBRUARY 2024.

   John M. Muhlfeld, Mayor

ATTEST:

Michele Howke, City Clerk