Planning Commission

WHITEFISH COMMUNITY DEVELOPMENT BOARD March 21st, 2024 6:00 PM A. CALL TO ORDER Chair Qunell called the regular mee�ng of the WCDB to order. Board members present were Steve Qunell, Phil Boland, Jon Heberling, Toby Scot, Whitney Beckham and Scot Wurster. John Middleton was absent. Staff present was Senior Planner Wendy Compton-Ring, Planning Director David Taylor, Public Works Director Craig Workman, and Legal Assistant Bree James. There were approximately 24 people atending in addi�on to the Board members and staff. B. AGENDA CHANGES None C. APPROVAL OF THE FEBRUARY 15TH, 2024 MINUTES Boland made a mo�on, seconded by Beckham to approve the minutes. The mo�on passed unanimously. D. COMMUNICATIONS FROM THE PUBLIC (Items not on the agenda) None E. UNFINISHED BUSINESS None F. PUBLIC HEARINGS: The Board held one public hearing on the following three items: 1. WGPA 24-01 A request by Whitetail Ridge Holding for a Growth Policy map amendment changing the Rural Residen�al and Planned Industrial land use designa�ons to Urban Residen�al in order to facilitate subdivision development. The property is currently undeveloped land and is zoned R-3 (One- Family Residen�al) and I-2 (Heavy Industrial). The property is located at an unaddressed lot on Flathead Avenue and can be legally described as Tract 2 in Gov’t Lot 3 in S1 T30N R22W, P.M.M., Flathead County. 2. WZC 24-01 A request by Whitetail Ridge Holding for a Zoning map amendment changing the R-3 (One- Family Residen�al) and I-2 (Heavy Industrial) to WR-1 (One-Family Residen�al District) and WR-2 (Two-Family Residen�al District) in order to facilitate subdivision development. The property is currently undeveloped. The property is located at an unaddressed lot on Flathead Avenue and can be legally described as Tract 2 in Gov’t Lot 3 in S1 T30N R22W, P.M.M., Flathead County. 3. WPP 24-02 A request by Siderius Construc�on, LLP for a 77-lot subdivision (59 single family homes and 18 townhome lots). The property is currently undeveloped. The property is located at an Whitefish Community Development Board 1 March 21, 2024  unaddressed lot on Flathead Avenue and can be legally described as Tract 2 in Gov’t Lot 3 in S1 T30N R22W, P.M.M., Flathead County. Senior Planner Compton-Ring reviewed her staff reports, findings and condi�ons of approval for all three requests. As of the wri�ng of the staff reports, one addi�onal public comment was received, and staff provided it to the Board. Staff recommended adop�on of the findings of fact within staff reports WGPA 24-01, WZC 24-01, and WPP 24-02 for approval of the growth policy map amendment, zoning map amendments and preliminary plat for a seventy-seven (77) lot subdivision. COMMUNICATION FROM BOARD Qunell asked and Compton-Ring responded there is currently only one lot with two different County zoning designa�ons. Beckham confirmed with Compton-Ring that this property is set to be annexed into the City on April 1st. Qunell asked Compton-Ring for clarifica�on that W 18th Street will be improved from Baker Avenue to the west edge of their property into a regular city street. Compton-Ring confirmed but explained there is limited right-of-way from Flathead Avenue to Baker Avenue. Director Workman said the grade on W 18th Street won’t meet city standards, but there will be some excava�on to improve this situa�on. Qunell also ques�oned how they would �e Flathead Avenue into that sec�on to improve it and the connec�on to O’Brien Bluffs from Sawtooth Drive. He also asked if the park would be a dedicated city park and who would maintain it, which Compton-Ring explained they are proposing the park to be a homeowners’ associa�on park with public access to a trail that goes through it. Scot confirmed and Compton-Ring agreed Lot 61 will be at the end of a long driveway with a house at the end. Heberling asked if there would be any conflict of interest because he owns a home in O’Brien Bluffs which is next door to this subdivision. He indicated he could review the project with an open mind and the Board did not find issue with him par�cipa�ng. Qunell is concerned about the �ming on approving a zone change on a property that is not annexed into the City yet. Compton-Ring said be it will be in the City Limits when it goes to City Council on April 15th. COMMUNICATIONS FROM APPLICANT/AGENCIES Eric Mulcahy with Sands Surveying, Inc., who represents this property, said the developers agree with the staff reports and all the condi�ons of approval. Mr. Mulcahy explained the developers' goal of this subdivision was compa�bility with adjacent neighborhoods over an affordable housing project that would have required increased density and to keep 1/3 of the lot in parkland/open space. He also noted the 30- feet of right-of-way will require a redesign along the south side of the project likely changing the townhouse lots to detached single family lots for a total of 65 lots versus the original 77 lots. The Board had no ques�ons for the applicant. Whitefish Community Development Board 2 March 21, 2024 COMMUNICATIONS FROM THE PUBLIC Chair Qunell opened the public hearing to public comment. John Rotger, 352 Sawtooth Drive, has concerns about the road connec�on into their neighborhood with the current drainage, as well as the wildlife habitat and loss of trees. He asked for a 50-foot buffer along their backyards. Paul VanValkenburg, 344 Sawtooth Drive, is not sure the access fits with the current subdivision and recommended wai�ng to amend the Growth Policy. Gabriel Langton, 303 O’Brien Avenue, had concerns about the access and asked about doing a loop like the one behind Western Building Center instead. Bret Bollweg, 356 Sawtooth Drive, thinks this is a good project, but has concerns about the connec�on to his neighborhood with its many turns and pulling more cars out of the ditch. Joe Courtney, 535 Colorado Avenue, is wondering if they would keep any of the heavy forest area and brought up the transporta�on plan with Baker Avenue eventually running southbound as part of the one- way couplet. Elise Vanvalkenburg, 344 Sawtooth, brought up access to Sawtooth Drive being a major concern with the many curves and people going into the ditch now as well as the wildlife habitat. Kerry Critenden, West 9th Street in the County. He has three concerns with this project: the stormwater, traffic impact, and the impact on the wildlife. He suggested a bike path through the open space for the public to connect through this side of town. He believes there is an eagle’s nest on the property. Jamie Goguen, 4500 Two Bear Trail, loves the wildlife and this project, but is concerned about the density – thinks it should be more – and the access to the bike path. She said this will be a nice way to get to Baker Avenue from the west side of town someday versus using 2nd Street. Jean Weiskoten, 632 Lund Lane, thinks a lower density would be beter for the wildlife and the trees that will be displaced, noted there is high groundwater in this areas, also believes there is an eagle’s nest and thinks her quality of life will be reduced with this project. Brian Szady, 625 Lund Lane, is OK with development on a smaller scale but doesn’t think this project seems like Whitefish. Bill Fogarty, 1235 Karrow Avenue, thinks this project is too dense and has concerns about wildlife. Whitefish Community Development Board 3 March 21, 2024 Richard Hildner, 104 W 5th Street, had some edit sugges�ons in the staff report and asked for some clarity. He wanted to know what the tree reten�on standards will be and what happens with the current lawsuit regarding the various land use bills passed in the last legisla�ve session. He noted this subdivision will be full of second homeowners since they are not providing any affordable housing. He also had sugges�ons about roofing materials and asked Fish, Wildlife and Parks (FWP) review this property. Joe Courtney, 535 Colorado Avenue, asked about the Whitefish River reference. COMMUNICATIONS FROM APPLICANT/AGENCIES Doug Siderius, applicant with Siderius Construc�on, LLP, explained they had put a lot of thought into this project, the streets, fire access, and leaving 10 acres for wildlife. Before he acquired the property, the original property owners approached the City about it being a city park, but the City did not have the funds to buy the property. Eric Mulcahy, Sands Surveying, Inc., explained buffering comments and the design of the lots along that subdivision are deeper providing opportunity to retain healthy trees the lots are 50-feet deeper than the O’Brien Bluffs lots. It has always been the policy and requirement to connect subdivisions. Qunell asked Mr. Mulcahy about the connec�on to Lund Lane will not connect but the road will go to the edge of the property, and they are providing 30 feet of right-of-way on their side for this road. BOARD DISCUSSION Beckham ques�oned the road that appears to be a dead end to the south and Compton-Ring explained this will connect to an extension of W 18th Street that will be constructed along the en�re south property line. The Board was instructed where to look in the packet for the road drawing. Director Workman followed up that these are conceptual plans, and it is hard to try to cram everything into one map. Qunell had Director Workman confirm what they are required to improve. Beckham ques�oned the fire lane which Director Workman said was a request from emergency services. Compton-Ring also noted the subdivision regula�ons do not permit dead end streets or cul de sacs, gated subdivision are not allowed and this connects has always been an�cipated since 2007. Heberling ques�oned Compton-Ring about the trees being taken from the lots with houses and driveways and would like to see the tree preserva�on plan. Thinks everything about 10-inches should be preserved versus everything above 4-inches. Compton-Ring said the subdivision regula�ons require this and they want to ensure the en�re site is not cleared before homes are built. Qunell had Compton-Ring explain they could s�ll add condi�ons to the preliminary plat. Scot had ques�ons about Federal regula�ons and eagle nes�ng. Compton-Ring said she will call FWP and find out because this is the first she had heard about the nest. Whitefish Community Development Board 4 March 21, 2024 Qunell wondered what would trigger an environmental impact study being done. Beckham wanted to know about adding condi�ons to require trees to be preserved. Director Taylor said yes, but you would need to have a reason behind it. Compton-Ring brought up concerns about what to do with disease and dying trees. MOTION AND VOTE (WGPA 24-01) Beckham made a mo�on to deny WGPA 24-01, and Heberling seconded it. Beckham finds this request odd since it is not in the city yet especially with the en�re development package. Understands the request but does not think it is �mely with the Growth Policy and is uncomfortable with the ‘chain reac�on’. Heberling has concerns about the lack of affordable housing and read a prepared statement describing his basis for denial. Qunell asked and Heberling confirmed his denial is on all three mo�ons because of affordable housing. Qunell reminded the Board to look at this from a high level and thinks it should be designated urban residen�al in the Growth Policy. Qunell indicated he will vote against the mo�on to deny the amendment to the policy because he finds it to be compa�ble with the Growth Policy. Beckham thinks finding of fact #2 is contribu�ng too much housing to this area and finding of fact #3 provides a link but does not provide the en�re east-west corridor. Wurster commented that finding of fact #4 regarding the environment in the growth policy and transporta�on system is hard to interpret. He thinks they must find things to amend to protect the environment, protect water quality, and not conflict with the growth policy. Qunell does think they are protec�ng, not enhancing, the water quality from a heavy industrial use. Qunell called for a roll call vote. The mo�oned to deny passed on a 4 to 2 vote with Beckham, Boland, Heberling, and Wurster vo�ng for the mo�on to deny, and Scot and Qunell vo�ng against the mo�on to deny. Compton-Ring confirmed which findings needed to be changed with the Board. The Board amended Findings of Fact 2, 3 and 4 as their basis for denial. Whitefish Community Development Board 5 March 21, 2024 MOTION AND VOTE (WZC 24-01) Beckham made a mo�on to deny WZC 24-01 and Heberling seconded it. Beckham denied the mo�on due to it not being compa�ble with the Growth Policy. Heberling wants to include that it does not offering any affordable housing. The Board amended Finding of Fact #1 as the basis for their decision. Qunell called for a roll vote. The mo�oned to deny passed on a 4 to 2 vote with Beckham, Phil, Heberling, and Wurster vo�ng for the mo�on to deny, and Scot and Qunell vo�ng against the mo�on to deny. MOTION AND VOTE (WPP 24-02) Beckham made a mo�on to deny WPP 24-02, seconded by Heberling. Beckham denied the mo�on because it’s not zoned for this type of subdivision and effects on wildlife. Heberling added that the project affects local services nega�vely by not providing any affordable housing for employees that provide local services. The Board amended Findings 2, 3, 4, 6, and 7 as their basis for denial. Qunell called for a vote. The mo�on to deny passed unanimously. G. GOOD AND WELFARE Maters from Board Qunell asked about ge�ng a link from the agenda sooner. Staff noted Chair Qunell was referencing the Board no�ce which does not provide links, it is just the no�ce, so the Board is aware of projects when they get legally no�ced before the agenda goes out. The agenda has links to the projects and is sent out a week in advance of the mee�ng. Maters from Staff Director Workman noted the City will not achieve every goal with every single subdivision, and the only way the City gets en�re transporta�on corridors such as the connec�on to Karrow is one small sec�on at a �me. If we are ever going to expand W 18th Street to Karrow Avenue, this project goes a long way in achieving it. Whitefish Community Development Board 6 March 21, 2024 Poll of Board Members available for the next mee�ng. The Board discussed moving the mee�ng to Wednesday, April 17th as there was concern about having a quorum for the April 18th mee�ng. Everyone was going to go back and look at their calendars and let staff know their availability. H. ADJOURNMENT Scot made a mo�on to adjourn the mee�ng at 8:37 PM. Whitefish Community Development Board 7 March 21, 2024