A. Application Submittal: Complete applications must be received in accordance with a schedule provided by the planning department. The subdivider must submit the following to the planning department:
1. Preliminary plat application on a form provided by the planning department and required supplemental information.
2. The preliminary plat and one reproducible set of supplemental information, as outlined in appendix B attached to the ordinance codified herein.
3. Application fee as established by the city council.
4. The complete application in an acceptable electronic format.
5. Verification the property is within the city limits, or the applicant has submitted a concurrent petition to annex.
6. Additional information requested during the preapplication meeting conference.
B. Phased Expedited Subdivision Plat Submittals: The applicant, as part of the preliminary plat approval, may propose to delineate two (2) or more final plat filing phases and establish the schedules of the preliminary plat review and approval.
1. Each phase must be freestanding and fully capable of functioning with all the required infrastructure and improvements in place in the event the future phases are not completed or completed at a much later time.
2. If the applicant proposes a phased subdivision, a phasing plan must be submitted which outlines:
a. A plat delineating each phase and a general time frame for each phase with overall completion time no longer than twenty (20) years from date of preliminary plat.
b. Public improvements phasing plan showing which improvements will be completed with each phase.
C. Action By The Planning Department: Upon receipt of the complete application, the department must:
1. Distribute copies of the submitted application for review and comment to the appropriate departments, agencies and utility companies, as deemed necessary by the planning department;
2. Set a date for public hearing by the city council and provide notification of the public hearing according to the following:
a. Notice of the time, date and location of the city council hearing must be published in a newspaper of general circulation in the city not less than fifteen (15) days prior to the date of the hearing, exclusive of the date of notice and the date of hearing.
b. The subdivider and the adjoining property owner of record included in the subdivision plat excluding any right of way must be notified of the hearing by first class mail and each property owner of record beyond the adjacent property owners within one hundred fifty feet (150') not less than fifteen (15) working days prior to the date of the hearing, exclusive of the date of notice and the date of hearing. The notice must include the date, time and location of the city council public hearing, a site plan and city staff contact information. The notice must also include instructions for submitting public comments. All written comments and documents regarding the subdivision must be submitted to the planning director, rather than to the city council directly, to be forwarded to the hearing body.
c. A notice must be posted by the planning department in a conspicuous place on the site at least fifteen (15) working days prior to the public hearing and must remain on the subject parcel until all the public hearings are complete. It is the responsibility of the applicant to ensure the sign is maintained in place during the entire public review process.
3. Review the submitted plat and supplemental information to determine compliance with these regulations and prepare a report which will include comments received from other departments, agencies and utility companies, findings of fact concerning the public interest, conditions and recommendations;
4. Submit the application, staff report and associated agency and public comments to the city council members and to the subdivider at least five (5) days prior to the hearing;
5. Present the application and staff report at the hearing.
D. City Council Action: When reviewing an application for preliminary plat, the city council must:
1. Review the application, planning department staff report, comments from other departments and other supplemental information;
2. Hold public hearing and receive public comments;
3. Prepare and adopt written findings of fact based on the following evaluation criteria:
a. Conformance with the following:
(1) The subdivision regulations including, but not limited to, the current city of Whitefish engineering standards;
(2) The Whitefish zoning regulations;
(3) Including any criteria for granting variances from subdivision standards, if requested;
(4) Other applicable policies, ordinances and regulations;
(5) The Whitefish city-county growth policy; and
(6) The Montana subdivision and platting act.
b. Proposed mitigation of impacts.
4. Based on the above findings, make a recommendation to the city council to approve, conditionally approve or deny the preliminary plat according to the timeframes in section 12-3-4D(1):
a. A recommendation for approval may incorporate reasonable conditions of mitigation to reasonably minimize potentially significant adverse impacts identified above.
b. When requiring conditions of mitigation, the city council must consult with the subdivider and must give due weight and consideration to the expressed preference of the subdivider for the mitigation of potential adverse impacts.
c. A recommendation for denial may not be based solely on its impact on educational services;
E. City Council Approval:
1. Approval may incorporate reasonable conditions of mitigation to reasonably minimize potentially significant adverse impacts identified above.
2. If conditions are placed on the preliminary plat, the imposition of the condition(s), evidence justifying imposition of the condition(s) and information regarding the appeal process as provided for in these regulations must also be provided in writing to the subdivider.
3. When requiring conditions of mitigation, the city council must consult with the subdivider and must give due weight and consideration to the expressed preference of the subdivider.
4. A subdivider may be required to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including, but not limited to, public roads, sewer lines, water supply lines and storm drains to a subdivision but the costs must reasonably reflect expected impacts attributable to the subdivision.
5. The city council may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education.
6. After the preliminary plat is approved, the city council may not impose any additional conditions as prerequisite to final plat approval providing said approval is obtained within the original or extended approval period as provided for in these regulations.
7. The subdivider must not proceed with any construction work on the proposed subdivision, including grading and excavation, until such time an approval or conditional approval is granted by the city council, engineering plans are approved, and a preconstruction meeting is held. Construction may be commenced upon approval of the preliminary plat subject to any required conditions of approval. Upon approval of the preliminary plat, the subdivider may proceed with the preparation and submission of the final plat for approval by the city council. Prior to final plat approval, lots may not be sold except as provided for in these regulations. See subsection 12-3-12Lof this chapter.
8. The governing body may withdraw approval or conditional approval of an application and preliminary plat if it determines information provided by the subdivider, and upon which the approval or conditional approval was based, is inaccurate.
F. City Council Decision: Within thirty (30) days following the city council decision, a written decision to the applicant must be prepared. This written decision must include:
1. Information regarding the appeal process for the denial or imposition of conditions;
2. Identification of regulations and statutes used in reaching the decision and how they apply to the decision;
3. The facts and conclusions the governing body relied upon in making its decision and reference the information that forms the basis of the decision;
4. If approved, a list of the conditions that apply to the preliminary plat approval;
5. If denied, reasoning for disapproval, evidence justifying the denial and information regarding the appeal process.
G. Appeals: A party identified in section 76-3-625(3), Montana Code Annotated, who was aggrieved by a decision of the city council to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision or a final subdivision plat may, within thirty (30) days after the decision, appeal to the Flathead County district court. The petition must specify the grounds upon which the appeal is made. (Ord. 21-15, 9-20-2021; amd. Ord. 23-15, 8-21-2023)