A. Application Submittal: The subdivider must submit the following to the planning department:
1. Preliminary plat application form available at planning department and required supplemental information.
2. The preliminary plat and one reproducible set of supplemental information as provided for 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 process.
7. Sufficient documentary evidence from the public records demonstrating the subdivision is a minor subdivision.
B. 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 utilities companies, as deemed necessary by the planning department.
2. Set a date for public meeting by the city council and provide notification of the public meeting according to the following:
a. The subdivider and each property owner of record within one hundred fifty feet (150') of the land included in the subdivision plat excluding any right of way must be notified of the meeting by regular mail not less than fifteen (15) working days prior to the date of the public meeting, exclusive of the date of notice and the date of the meeting. The notice must include the date, time and location of the public meeting, 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 city council.
b. 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 meeting and must remain on the subject parcel until the public meeting is complete. It is the responsibility of the applicant to ensure the sign is maintained in place during the entire review process.
3. Review the submitted plat and supplemental information to determine compliance with these regulations and prepare a report which must include comments received from other departments, agencies and utility companies, written findings of fact concerning the public interest, conditions of approval and a recommendation.
4. Submit the application, staff report and associated agency and public comments to the city council and to the subdivider at least five (5) days prior to the meeting.
5. Present the application and staff report at the city council meeting.
C. Action By The City Council: The city council must review the application, staff report and other related information and, thereupon, must prepare and adopt written findings of fact. Such findings must be based on the following criteria:
1. Conformance with the following:
a. The subdivision regulations including, but not limited to, the current city of Whitefish engineering standards;
b. The Whitefish zoning regulations;
c. Other applicable policies, ordinances and regulations; and
d. The Whitefish city-county growth policy.
2. The Montana subdivision and platting act;
3. Effects on agriculture and agricultural water user facilities;
4. Effects on local services;
5. Effects on the natural environment;
6. Effects on wildlife and wildlife habitat;
7. Effects on public health and safety;
8. Proposed mitigation of impacts.
9. Based on the above findings, the city council will then approve, conditionally approve or deny the preliminary plat application based on the time frames in subsection 12-3-4D3 of this chapter unless the subdivider consents to an extension of the review period in writing.
D. City Council Approval:
1. Approval may incorporate conditions of mitigation to 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 above 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 or conditional 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 in section 12-3-12
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.
E. 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.
F. 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. 14-22, 1-5-2015; Ord. 21-15, 9-20-2021; Ord. 23-15, 8-21-2023)