Planning Commission

WHITEFISH COMMUNITY DEVELOPMENT BOARD APRIL 18th, 2024 6:00 PM A. CALL TO ORDER Vice Chair Whitney Beckham called the regular meeting of the WCDB to order. Board members present were Phil Boland, Jon Heberling, John Middleton, Toby Scott, Whitney Beckham, and City Council Member Ben Davis. Steve Qunell and Scott Wurster were absent. Staff present were Planning Director David Taylor, Public Works Director Craig Workman, Housing Planner Nelson Loring, Housing Planner Luke Sponable, and Legal Assistant Bree James. There were approximately 6 people attending in addition to the Board members and staff. B. AGENDA CHANGES None C. APPROVAL OF MARCH 21st, 2024, MINUTES Scott made a motion, seconded by Boland to approve the minutes. The motion passed unanimously. D. COMMUNICATIONS FROM THE PUBLIC (Items not on the agenda) None E. UNFINISHED BUSINESS None F. PUBLIC HEARINGS: 1. WZV 24-01 A request by Stevyn Menegazzi for a variance to the side yard setback requirements for a proposed deck extension to connect the existing front and rear deck. The property is currently developed with a townhouse and is zoned WR-2 (Two-Family Residential District). The property is located at 626 Masters Ct and can be legally described as Lot 1A, Lake Views at Masters Green, S26, T31 N, R22 W, Flathead County. Planner I Loring reviewed his staff report, findings, and conditions of approval. As of the writing of the staff report no public comments were received. Staff recommended adoption of the findings of fact within staff report WZV 24-01 for approval of the preliminary plat for the proposed deck extension. COMMUNICATION FROM BOARD None COMMUNICATION FROM APPLICANT/AGENCIES Stevyn and Aaron Menegazzi, 626 Masters Court, explained you can’t see any of the deck extension unless you are on the rail or golf course side. Whitefish Community Development Board 1 April 18th, 2024 COMMUNICATIONS FROM THE PUBLIC Dawn Oehlerich, 606 Masters Court, neighbors of the applicant and secretary for their HOA, has no objection to the improvement of the deck. BOARD DISCUSSION None MOTION AND VOTE (WZV 24-01) Scott made a motion, seconded by Middleton to recommend approval to the Council and to adopt findings of fact for WZV 24-01. The motion passed unanimously. PUBLIC HEARING: 2. WCUP 23-07 A request by JLA Whitefish LLC for a conditional use permit for a 21-unit multi- family development. The property is currently developed with a single-family residence and is zoned WR-4. The property is located at 7 & 23 Iowa Ave and can be legally described as WFSH TSTE CO 5 AC TR ADD 1, S25, T31 N, R22 W, BLOCK 9, Lot 7B, COS 21980-B & WFSH TSTE CO 5 AC TR ADD 1, S25, T31 N, R22 W, BLOCK 9, Lot 7 N100' OF S200', COS 21980A, Flathead County. Housing Planner Luke Sponable reviewed his staff report, findings, and conditions of approval. After the writing of the staff report 2 additional comments were received. Staff recommended adoption of the findings of fact within staff report WCUP 23-07 for approval of the conditional use permit for a twenty-one (21) unit multifamily development. COMMUNICATION FROM THE BOARD Beckham asked about any additional sewage needs to that area, which Workman confirmed there are no issues on the west side. Heberling wanted to confirm the square feet of the units. Davis was wondering why the applicant chose cash-in-lieu and if the City should require the provision of units over cash-in-lieu since the City has stated a preference. COMMUNICATION FROM APPLICANT/AGENCIES Matt Lawrance with Montana Creative, 158 Railway Street, and Andrew Ferris, 450 Corporate Drive, Kalispell answered Davis’s question about the cash in lieu saying that the applicant looked at both options but preferred cash-in-lieu for flexibility. Heberling confirmed the square footage of the units, and asked if the units would be sold individually or if a company would manage them, which Lawrance explained their intention was to manage it themselves. Sponable reminded the board that most of the affordable housing funds have been allocated for the next few years therefore the cash-in-lieu payment could be very useful to supporting other affordable housing types and projects. PUBLIC COMMENT Whitefish Community Development Board 2 April 18th, 2024 None MOTION / VOTE (WCUP 23-07) Scott made a motion, seconded by Boland to recommend approval to the Council and adopt findings of fact for WCUP 23-07. Scott reminded the public that 5 years ago when the 54 units went up on Skyles that backed up to Iowa Avenue he recommended changing the zoning which never happened. Davis made a motion to add a friendly amendment to show that the housing mitigation plan will require 2 units be deed restricted plus the fractional cash-in-lieu for compliance with the Legacy Homes program. Middleton asked for confirmed that all applicants are given the option of cash-in-lieu, which Taylor responded yes, they are. Heberling asked if they builder is committed to their plan of cash-in-lieu of, which Sponable replied they are because the Housing Mitigation Plan would become a condition of approval although a modification is possible. Beckham confirmed Davis’s friendly amendment and that the applicant can choose at this point. Sponable added that he did agree with Davis’s note on the preference for units to be provided through the Legacy Homes Program, but section 4.3 of the Legacy Homes Admin Procedures states that the city will consider all options presented by the applicant and we should not be turning applicants away from the program by forcing a method of compliance. Beckham seconded the friendly motion. Davis explained the community needs affordable units and that was the intent of the program when it was written. Heberling is on the fence with this motion because the size of these units is very small and therefore more likely to be offered at lower rates than larger market rate units. Beckham cautioned being careful adding this friendly condition, so it doesn’t dissuade the developer. Scott likes the idea of adding affordable units, but reminded staff that most of the funding is going to other projects. He commented that if this developer prefers to give them money in lieu that may be the better option. Beckham confirmed with Sponable that the housing fund is nearly zero while demand remains high. Beckham called for a vote on the friendly amendment. The friendly motion failed on a 5 to 1 vote with Beckham, Heberling, Boland, Middleton, and Scott against the motion and Davis voting for the motion. Beckham called for a vote to approve the motion and adopt findings of fact for WCUP 23-07. Scott made a motion, seconded by Boland to recommend approval to the Council and adopt findings of fact for WCUP 23-07. The motion passed unanimously. Whitefish Community Development Board 3 April 18th, 2024 G. GOOD AND WELFARE Matters from Board None Matters Staff Taylor reminded everyone about the upcoming visioning sessions. He also mentioned the new Short Term Rental Specialist was hired and has started working on them. Scott asked Board Members to attend any visioning sessions they could to help answer questions. Poll of Board Members available for the next meeting. All Board Members present indicated they would be at the May 16th, 2024, meeting at 6:00 p.m. except for Heberling. Beckham adjourned the meeting at 6:52 p.m. Whitefish Community Development Board 4 April 18th, 2024