12-3-6: PRELIMINARY PLAT REVIEW PROCESS; MAJOR SUBDIVISIONS:
   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.   Environmental Evaluation: The following environmental evaluation must be submitted with the preliminary plat application, unless waived by the planning director or exempted under MCA 76-3-616.
      1.   Water Quality Protection Analysis: Water quality protection areas, as defined in section 11-3-29 of this code, located within or immediately adjacent to the proposed subdivision must be identified in a separate report. Impacts to the water quality protection areas and mitigating measures must also be included. See sections 12-4-7 and 12-4-10 of this title for additional information.
      2.   Environmental Assessment: Appendix F, "Environmental Assessment", attached to the ordinance codified herein.
   C.   Phased Major 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 of no longer than twenty (20) years;
         b.   Public improvements phasing plan showing which improvements will be completed with each phase.
   D.   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 community development board and City Council and provide notification of the public hearing according to the following:
         a.   Notice of the time, date and location of the initial community development board and city council hearings 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 initial hearing by registered or certified mail and each property owner of record beyond the adjacent property owners within three hundred feet (300') of the land must be notified by first class mail not less than fifteen (15) working days prior to the date of the community development board hearing, exclusive of the date of notice and the date of hearing. The notice must include the date, time and location of both the community development board and city council public hearings, 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 community development board or 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 community development board members and to the subdivider at least five (5) days prior to the initial community development board hearing;
      5.   Present the application and staff report at the hearing.
   E.   Action By The Community Development Board: When reviewing an application for preliminary plat, the community development board must:
      1.   Review the application, planning department staff report, comments from other departments and other supplemental information;
      2.   Hold public hearing(s) and receive public comments;
      3.   Prepare and adopt written findings of fact. Such findings of fact must be 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)   Other applicable policies, ordinances and regulations;
            (4)   The Whitefish city-county growth policy; and
            (5)   The Montana subdivision and platting act.
         b.   Effects on agriculture and agricultural water user facilities;
         c.   Effects on local services;
         d.   Effects on the natural environment;
         e.   Effects on wildlife and wildlife habitat;
         f.   Effects on public health and safety; and
         g.   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. The community development board, at its discretion, may choose to not make a recommendation:
         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 community development board 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.
      5.   Within ten (10) working days after the public hearing, the community development board must submit the following in writing to the subdivider and the city council:
         a.   Recommended findings of fact based on the evaluation criteria in these regulations that discuss and consider the subdivision's compliance with and potential impacts;
         b.   A recommendation for approval, conditional approval (including any recommended conditions and/or mitigation measures), or denial of the subdivision application and preliminary plat;
         c.   A recommendation for approval or denial of any requested variances; and
         d.   A finding as to whether any public comments or documents presented for consideration at the community development board's public hearing constitute significant information or analysis of information the public has not had a reasonable opportunity to examine and comment.
   F.   Action By The City Council: Upon receipt of the community development board recommendation, the city council must:
      1.   Review the application, community development board recommendation, staff report, public comments, and other related information;
      2.   Hold public hearing(s), as may be required or deemed appropriate, and receive public comments;
      3.   Adopt the written findings of fact as presented by the community development board, amend these findings or make and adopt new written findings of fact. Such findings must be based on the following:
         a.   Conformance with the following:
            (1)   The subdivision regulations including, but not limited to, the current city of Whitefish engineering standards;
            (2)   The city of Whitefish zoning regulations;
            (3)   Other applicable policies, ordinances and regulations;
            (4)   The Whitefish city-county growth policy;
            (5)   The Montana subdivision and platting act.
         b.   Effects on agriculture and agricultural water user facilities;
         c.   Effects on local services;
         d.   Effects on the natural environment;
         e.   Effects on wildlife and wildlife habitat;
         f.   Effects on public health and safety; and
         g.   Proposed mitigation of impacts.
      4.   Based on the above findings, the city council must then approve, conditionally approve, or deny the preliminary plat according to the time frames in subsection 12-3-4D2 of this chapter unless the subdivider consents to an extension of the review period. A subdivision cannot be denied based solely on its impacts on educational services.
   G.   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 reason for 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 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 pre-construction 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 12-3-12L of 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.
   H.   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.
   I.   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. 09-23, 11-16-2009; amd. Ord. 12-04, 2-6-2012; Ord. 14-22, 1-5-2015; Ord. 21-15, 9-20-2021; Ord. 23-15, 8-21-2023; Ord. 24-02, 2-20-2024)