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City Council Approves Controversial Trail Development Agreement

September 16, 2024 | Whitefish, Flathead County, Montana


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City Council Approves Controversial Trail Development Agreement
In a recent government meeting, city officials discussed the ongoing challenges surrounding the construction of a bike and pedestrian trail adjacent to the Riverbend Condo Association. The project has faced delays due to complications with permits and concerns from local condo owners.

The city had previously approved an Administrative Conditional Use Permit (ACUP) for Inspiration Drive Properties, which is linked to Miles Investment Corporation, to develop property north of the Riverbend area. A key condition of this permit required the developer to construct a segment of the bike-ped trail, which was to remain publicly accessible but maintained by the property owners. However, the Flathead Conservation District (FCD) has repeatedly tabled the developer's applications for necessary permits, citing misinformation regarding the city's involvement in litigation with Riverbend, which officials clarified does not exist.

In early 2023, the FCD denied the developer's application for the trail, although it did approve aspects related to stormwater management. In a meeting with the Montana Fish, Wildlife & Parks (FWP), city officials learned that the trail segment through Riverbend and NWI's property could be treated as a single project, potentially easing the permit approval process if the city applied for a 124 permit.

The city council directed staff to submit this application, but the situation left the developer in a difficult position, unable to fulfill the ACUP conditions without the necessary permits. To address this, city officials negotiated a new agreement with the developer, which includes a phased payment plan tied to the sale of condominium units. The developer will reimburse the city $204,000 for the trail construction, with payments scheduled after the sale of the first nine units and the last unit.

Council members expressed concerns about the potential for increased construction costs due to delays, emphasizing the importance of securing funds sooner rather than later. They also discussed the possibility of filing the agreement with the county to ensure it is recorded against the property title, providing additional security for the city.

The council ultimately approved the revised agreement, which aims to facilitate the construction of the trail while accommodating the developer's financial constraints. The project, which has been in limbo for years, is now poised to move forward, pending the necessary permits.

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