Planning Commission

WHITEFISH COMMUNITY DEVELOPMENT BOARD MAY 16TH, 2024 6:00 pm A. CALL TO ORDER Chair Steve Qunell called the regular meeting of the WCDB to order. Board members present were Whitney Beckham, Phil Boland, Scott Wurster, Toby Scott, and Steve Qunell. Jon Heberling and John Middleton were absent. Staff present were Planning Director David Taylor, Senior Planner Wendy Compton-Ring, Planner I Nelson Loring, and Legal Assistant Bree James. There were approximately 18 people attending in addition to the Board members and staff. B. AGENDA CHANGES None C. APPROVAL OF APRIL 18TH, 2024, MINUTES Wurster made a motion, seconded by Scott to approve the minutes. The motion passed unanimously. D. COMMUNICATIONS FROM THE PUBLIC (Items not on the agenda) Joe Courtney, 535 Colorado Avenue, commented on friendly amendments and friendly motions. He is concerned about building height limits over 35 feet, and planes flying over the city under the 500-foot limit with no enforcement. E. UNFINISHED BUSINESS None F. PUBLIC HEARINGS: 1. WPUD 24-01. A request by Whitefish Facility LLC for a Planned Unit Development to expand the existing assisted living building with 80 independent living units and develop a multi-family building with 44-units. The request includes an amendment to Ordinance 99-9 to increase the number of total units from 150 to 202 and increase the building up to 45-feet and reduce the number bicycle parking spaces from 31 to twelve (12). In exchange for the zoning deviations, the applicant is proposing to extend a 10- foot shared use path along its entire frontage connecting to the trail at the north and east ends. The property is currently undeveloped and is zoned WR-4/WPUD (High Density Multi-Family Residential District with a Planned Unit Development overlay). The property is located at 1501 River Lakes Parkway and can be legally described as 1 Whitefish Community Development Board May 16th, 2024  Lot 2, Riverside Senior Living Center subdivision in S07 T30N R21W, P.M.M., Flathead County. Senior Planner Wendy Compton-Ring reviewed her 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 WPUD 24-01 for approval of the 80 independent living units and a multi-family building with 44-units along with the two zoning deviations and the amendment to Ord #99-9, Section 3 to increase the density to 202 units from 150. COMMUNICATION FROM BOARD Wurster confirmed there was no conflict of interest with his mother being a resident of The Springs at Whitefish. Qunell had some questions regarding where the bike path they want to put in will connect to, and if there were any requirements for a sidewalk or streetscape. Compton-Ring explained they are going above and beyond what is required. He also questioned if there was a way to set aside a spot for public transportation, already Condition #7, and asked about bike parking spots. He commented about his concerned being a huge benefit to the community without affordable housing. Scott wondered if there was any regulation on all the parking being in the front of the building. Compton-Ring explained the parking was on the side of the building due to this being a corner lot. Scott has an issue with only 8 bike parking spots being added. He thinks more are needed. COMMUNICATION FROM APPLICANT/AGENCIES Ray Yancey with LRS Architects, thanked the Community Development Board for their hard work and reviewed the 14 conditions which they will accept. Chris Shelby the Director of the Springs is every exited about this expansion to this facility. Scott question him about the bike spots and not planning on more. He said they planned for 8 because they don’t get that much use. Scott asked if they would look at reducing the 254 parking spots because that covers a lot of land. Chris explained they have 3 shifts (62 employees now, with each shift ranging in the 22-25 employees) working, residence with vehicles, and will use some of the lot in the winter for snow storage. When this expansion is done, they expect to have over 100 employees. Ray Yancey added they will not be overloading the pond with storm water. Doug Peppmeier with TD&H Engineering explained pavers don’t function well in the long run, as Whitefish has clay soils to build on, which is why they need to asphalt the parking. Qunell added that condition number 2 will need to be worked out with the Public Works Department. Wurster brought up parking needs during large family events, which Shelby followed up by explaining the 2 Whitefish Community Development Board May 16th, 2024 parking will also keep the staff parking away from the front of the building and help with holiday traffic. Qunell asked for more information regarding the Active Living building, which Shelby explained is age restricted senior living with less restrictions and amenities than the main building provides. They discussed the cost of these apartments being market rate. PUBLIC COMMENT Joe Courtney, 535 Colorado Avenue, brought up building heights being over the limits, and why the 150 feet was used to notifying property owners. He does like the sidewalk plan and thinks it would be nice to add benches. MOTION (WPUD 24-01) Beckham made a motion, seconded by Wurster to recommend approval to the Council and to adopt findings of fact for WPUD 24-01. BOARD DISCUSSION Scott made a motion to not support the height zoning deviation. It failed for lack of a second motion. Scott made a motion to not support the bicycle parking zoning deviation, seconded by Wurster. Qunell agrees with adding the additional spots and was confirmed to add 31 spaces. MOTION AND VOTE (WPUD 24-01 AMENDED) Scott made a motion, seconded by Wurster to not support the bike parking zoning deviation and require 31 bicycle parking spaces. The motion passed unanimously. BOARD DISCUSSION Beckham thinks this is a wonderful place and parking is important. Qunell voted in favor of this motion, but said a PUD should have significant public benefit, and it is not fair to have a WR-4 building without any guarantee of affordability. Scott agrees with Steve’s comment and would like to see 10% of affordable housing. Wurster added he agrees as well. VOTE (WPUD 24-01): The motion to recommend approval of WPUD 24-01, with one zoning deviation to building height and amendment to increase the number of units to 202, passed unanimously. 2. WCUP 24-05. A request by Bill McKinney on behalf of the State of Montana Department of Transportation for a Conditional Use Permit to expand the Whitefish 3 Whitefish Community Development Board May 16th, 2024  Airport with an airplane hangar. The property is located at 1761 E 2nd Street and can be legally described as Tract 3EAB in S32, T31N, R21W, P.M.M., Flathead County. Planner I Loring reviewed his staff report, findings, and conditions of approval. As of the writing of his report one comment was received and two additional comments were made after. Staff recommended adoption of the findings of facts within staff report WCUP 24-01 for approval of the Conditional Use Permit (CUP) to expand the airport with an airplane hangar. COMMUNICATION FROM BOARD Scott asked for confirmation where the WAG Dog Park and Armory show on page 3, and which land was State Owned versus City Owned. He asked about overnight parking being allowed in this proposed hangar area, which Loring confirmed. Wurster questioned land ownership which Nelson explained the applicant would be able to answer. Boland asked if the Fire Marshal had reviewed this which Nelson explained would be reviewed later, but no additional issues were foreseen during the site review. Boland has concerns about fire suppression and the drainage of toxic waste with this new hangar. Loring said that would be reviewed during the building permit. Qunell wanted to know if there were any services at this site already and has concerns about not having a restroom on site. He asked about the 60 parking spaces on city property where one cannot park overnight which Loring explained was correct, but the access road to the gate is paved and one could park there overnight. They discussed electric bike rentals at the hangar and who would, or would not, be able to rent them. Scott wondered where the finding of the good and benefit of the community was in Loring’s report, which he explained was not required for a CUP. COMMUNICATION FROM APPLICANT/AGENCIES Christine Bleyhl, 617 Colorado Avenue, explained it is The State of Montana Department of Transportation, Aeronautics Division who will own the building after the applicant builds it, and he will be leasing it from the State. There are two applicants, the State (who is not here) and Bill McKinney. Billy McKinney, 1201 Karrow Avenue, explained the lease is based on square foot of space and will have an additional 3% annual increase. There will be additional spaces for rent in the hanger. Boland asked who will be paying for the building and who will own it. Billy explained he is paying for the building, the State will own it, as well as the land, and he will have a 40-year lease agreement with them. 4 Whitefish Community Development Board May 16th, 2024 Scott questioned who will be able to use this hangar, and Billy explained anyone who wants to use it will be able to, but they will park outside the hangar and rent the bicycles in the building. Beckham asked how long the rental would be for and Billy explained it would be month to month. She also questioned what type of crime there was already and what would be done for security, which he said he wasn’t aware of any. Wurster asked the applicants if they had reviewed the letter from the Quatmans, which he then supplied for them to read. PUBLIC COMMENT Qunell asked them to review the information and he would give them time to come back up and respond after public comment. Phyllis Quatman, 150 Johns Way, who lives by this airport is concerned about who has jurisdiction over this land and the approved uses. Additionally, after it is built who pays to take care of the building, who insures it, and do our taxes pay for the land. There is concern this will set a precedent when Glacier International Airport is only 15 minutes away. She is asking the Board to table this request until questions have been answered. James Dodkin, 1750 E. Lakeshore Drive, owns property by the airport is concerned about the negative impact of views and sound. He is asking the height of the building be lowered, and is concerned this will be a commercial building housing some very large planes which could be used by instructors doing touch and goes, etc. Greg Valazza, 150 Dodger Lane, a homeowner near this property would look out his kitchen window at this building. He is concerned about additional planes buzzing his house, and what this airport will turn into in the future. John Wilson, 1725 E. 2nd Street, is concerned this looks like a commercial building. He fears this will add additional hangars, paving, and expand lighting to hurt the dark skies. Joe Courtney, 535 Colorado Avenue, has concerns about the height of this building, noise, fueling planes, gas spills, low flying planes, and businesses flying people in here. He asked what happens in case a plane does not stop. Sheldon Douglas, 1750 2nd Street East, has concerns about the location of this building and possible accidents at the end of the runway. He brought up the yellow plane that flipped upside down recently as an example. If this building had been there, it could have been a very different outcome for the pilot. COMMUNICATION FROM APPLICANT/AGENCIES 5 Whitefish Community Development Board May 16th, 2024 Qunell asked the applicants to come back up for any clarifications they would like to add. Christine Bleyhl clarified the building will only be 23 feet tall when the max is 35 feet. Since this is already a functioning airport, there is no bathroom planned because there are restrooms at the ball pitch adjacent to the dog park which people can use. She pointed out the dog park has many more people is not required to have a restroom so why would a hangar. Beckham asked if the other hangars were on private or state land which Bleyhl replied they are on private land. When asked if there were already hangars out there someone could rent Billy McKinney confirmed he is renting one currently. Scott wants to know where the pilots will park when they come in and if the hangars will be used year-round which McKinney replied yes and explained there won’t be parking needed because they will use the electric bikes once they land. They also discussed the plane sizes that could land in the airfield, if there were any plans to pave or expand the airport that’s already there. Qunell questioned who manages the electric bikes, which McKinney explained currently there are just old bikes there with flat tires that no one manages. He is concerned this would make it commercial and changes the use. Wurster asked if anyone was here from the State which McKinney confirmed no. Wurster asked why not, which he replied he was not aware of the need to ask anyone to be there. COMMUNICATIONS FROM THE PUBLIC James Dodkin came back up to ask what happens to the tie downs that people use for their planes out there now. McKinney said the building will not take any of the tie downs away, and he wants to add more. Jack Quatman, 150 Johns Way, has concerns about private and public lands, no lease to review and see where the money goes, who gets to rent the spaces, why the State and Montana State Land Board is not there, the noise getting worse and no restrooms without a hike. Qunell closed the public hearing and put it to the Board for a motion. MOTION AND VOTE (WCUP 24-05) Beckham made a motion to postpone this until the June 20th meeting, which was seconded by Scott. The motion passed unanimously. COMMUNICATION FROM THE BOARD Qunell asked Loring if Angela Jacobs, our City Attorney, has looked at this proposal yet. Which he confirmed she hasn’t. 6 Whitefish Community Development Board May 16th, 2024 Qunell asked for additional information on Agriculture Zoning, but David Taylor explained this is a typical use. Qunell wants to investigate this further with Jacobs, which Taylor explained Jacobs did agree with him that it would be a conditional use permit to expand the airport facility by adding a hanger. Qunell still wants to hear from Jacobs directly. Beckham needs a list of certain things that need to be looked at before the next meeting. She would also like Jacobs input, as well as someone from the State to see the Lease. Qunell asked Loring to write down the concerns, so he has answers for the next meeting. Scott is concerned about when and if it is passed the precedent it sets. Boland is concerned they may need more than one month to gather information, which Qunell explained they could postpone it again at the next meeting if needed. Taylor suggested moving this to the July meeting, which concerns Beckham, but she will keep her motion as it stands. Qunell wants Jacobs to weigh in on a WA District and how it applies to an airport as an accessory dwelling. He wants to understand the relationship between someone who builds a public building, on public land, for someone to have the exclusive right to use on State Lands. 3. WZTA 24-01. A request by the City of Whitefish to amend City Code Section 11-3-29- C-5, Water Quality Protection, Allowed Activities in Buffers, to remove references to foundation requirements and use and to increase the size of allowed detached unoccupied accessory structures to 120 sq ft. Planning Director Taylor reviewed his staff report, findings, and conditions of approval. After the writing of the staff report no additional comments have been received. Staff recommended adoption of the findings of fact within staff report WZTA 24-01 for approval to remove references to foundation requirements and use and to increase the size of allowed detached unoccupied accessory structures to 120 sq. ft. COMMUNICATIONS FROM THE BOARD None PUBLIC COMMENT None MOTION / VOTE (WZTA 24-01) 7 Whitefish Community Development Board May 16th, 2024 Scott made a motion, seconded by Beckham to recommend approval to the Council and to adopt findings of fact for WZTA 24-01. The motion passed unanimously. G. GOOD AND WELFARE Matters from Board none Matters from Staff Taylor reminded everyone about the visioning sessions and asked for more Board members to attend. He is expecting a good turnout next Thursday at the High School. Compton-Ring reminded everyone we will have a work session at the next meeting June 20, 2024. Poll of Board Members available for the next meeting. All Board members present indicated they would be at the June 20, 2024, meeting at 6:00 p.m. except for Qunell. He will see if Frank Sweeney, his alternate, is available. Scott adjourned the meeting at 8:09 p.m. 8 Whitefish Community Development Board May 16th, 2024