Planning Commission

WHITEFISH COMMUNITY DEVELOPMENT BOARD June 20th, 2024 6:00pm 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, Toby Scott, Whitney Beckham, and Scott Wurster. Steve Qunell and John Middleton were absent. Staff present was Planning & Building Director David Taylor, Planner 1 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 MAY 16, 2024, MINUTES Boland made a motion, seconded by Scott to approve the minutes. The motion passed unanimously. D. COMMUNICATIONS FROM THE PUBLIC (Items not on the agenda) Guiseppe Caltabiano, 2025 Lion Mountain Loop Road, thanked the Board for serving and spoke to them about how their roles have changed due to multiple Senate Bills with the Board’s focus being on land use. He discussed the challenges City Council faces when the WCDB board recommends denial on a matter after the City Staff has recommended the finding of facts. He encouraged them to study the packets so when the matter goes to City Council, they can rubber stamp their decisions. E. UNFINISHED BUSINESS None F. PUBLIC HEARINGS: 1. WCUP 24-05 (Continued from May 16th meeting) A request by Bill McKinney on behalf of the State of Montana Department of Transportation for a conditional use permit to expand the Whitefish airport with an airplane hangar. The property is Whitefish Community Development Board June 20th, 2024 1  located at 1761 E 2nd Street and can be legally described as S32, T31N, R21W, TR 3EAB IN SE4NE4, P.M.M., Flathead County. Planner Loring reviewed his staff report, findings, and conditions of approval. As of the writing of the staff report, five new public comments were received. Staff recommended adoption of the findings of fact within staff report WCUP 24-05 for approval of the preliminary plat for the airport hangar. COMMUNICATION FROM BOARD Toby Scott asked Planner Loring if he spoke to City Attorney Jacobs regarding this motion and if she supported it. She confirmed yes and she agreed that the hanger needed a CUP and was an allowed accessory use at an airport. Scott brought up concerns from the last meeting about fire restrictions, which Loring explained the Fire Marshal would deal with during the time the building permit is submitted. Phil Boland wondered why there was a discrepancy regarding the height of the hanger being 23 feet, and the lease from the state showing 35 feet. Planner Loring explained that this is an accessory building which is only allowed up to 24 feet. Scott Wurster questioned Planner Loring about his assessment of the growth plan comment asking how the hangar fits in. Loring said this is zoned for Agriculture and is the only place you could put an airport hangar unless you build one as an accessory building to your house. COMMUNICATION FROM APPLICANT/AGENCIES Christine Bleyhl, 617 Colorado Avenue, explained the height of the hangar in detail using the first row of trees, the sign, Dodger Lane, and Armory Road as references. Boland asked if anyone was there from the state to answer questions about the lease, which she explained no one was available from the State at this time. Boland had multiple questions and wanted to know why nothing is stated in the Lease regarding who owns the building and the land. Christine Bleyhl explained it’s a 40-year lease, and William McKinney is paying for the building. Planning Director Taylor commented the Board’s role is to review the land use proposal and conditional use criteria, and not typically the terms of leases between landlords and tenants. Boland questioned William McKinney why there was a 7-month delay in submitting this to the Board from when the lease was signed, which McKinney explained he was hoping price Whitefish Community Development Board June 20th, 2024 2 of the building would come down because steel was so high. Boland was concerned about who would take over the lease if something happened to McKinney. He wanted to know how leaks or spillages would be taken care of and McKinney explained this is not a maintenance facility. Boland wondered since the State is allowed to inspect the building at any time if there is a schedule of when that would happen, and it was confirmed they come intermittently. The next issue brought up was what would happen if there was an injury and no running water. Willam McKinney said he would have Culligan water available, and that he had spoken to the State, and they are not opposed to having water and sewer. Boland brought up insurance and asked if there would be enough to cover everything. He wanted clarification regarding the bicycles and who would get the money from the kiosks when they are rented. McKinney said the money would go to him to replace the costs of the bikes, but if it complicates things too much, he can just eliminate them. Boland also questioned the hangar being open 24 hours a day and if planes could land anytime, which McKinney explained planes could only land there during daylight hours. McKinney wants access to the building 24/7. Christine Bleyhl clarified the State does visit the Whitefish airstrip once a year, but not at a scheduled date. Beckham wants to know why there would be a Pilot Lounge with no restroom, water, and sewer available. She questioned when this decision would be made and who would pay for it. William McKinney was not opposed to adding bathrooms since he found out the water and sewer were closer to the site than originally thought. PUBLIC HEARING Cory Seaman, 461 Armory Road, addressed public comments as well as some information that he thought was a bit obscured. He is affiliated with both flight schools in the valley and offered some insight on use at the Whitefish airport. He knows the chief pilot of the helicopter which has now moved to Glacier National Park. Cory explained spills are very rare when working on aircraft and any maintenance would have to be flown out and done elsewhere. He addressed the current tie downs needing to be replaced. He explained the use will be the same as the 60’s, there won’t be any commercial use, and the permits come from the city so they would control this. Toby Scott wondered if Cory Seamon owned his own plane and would be using this new facility, which he replied he would not. Kate McMahon, 151 Wedgewood Lane, submitted letters regarding the scenic vista and explained the ones that enjoy it are mainly the people that use the dog park. Many people pull into the parking lot to take pictures of the view and she showed some pictures of how it would be obscured if the hangar was built. She explained the Growth Policy should protect Whitefish Community Development Board June 20th, 2024 3 scenic views and community character. She is concerned if the hangar is built it would diminish the enjoyment of using the dog park. Bob Horne, 151 Wedgewood Lane, explained aesthetics is a legitimate use of police power if properly stated in the long-range plan, which zoning has been based for decades. Bob Horne and his wife submitted a letter on May 13th, 2024, where they brought up many concerns that have not been addressed by the Board. Jon Heberling agreed the issues should be addressed. Mathew Dagget, 32 Rocky Point Drive, has had his vehicle broken into when he flew to Helena. An Airport Hangar would help with this vandalism. He thinks E-Bike would benefit the community since the city could collect resort tax and the pilots and passengers would be in town spending money. He would like the tie downs improved, but the hangar would help. The hangar would catch any spills that happen because currently anything spilled just goes in the ground. He suggested a weight restriction to keep the larger planes from coming in here. If the hangar gets approved, he would be willing to pay for a porta potty out of his own pocket. Scott Wurster asked Mathew Dagget if he knew what the pilot community thought about the public benefit this hangar would bring. He thinks it would help our town be more accessible and bring more revenue into the city. Greg Valazza, 150 Dodger Lane, he doesn’t understand the community benefit of this hangar since there are only four lease spots available. He feels this won’t help other pilots from around Montana come here. There are more people that use the dog park to think about. Nancy Tigue, 1319 East Second Street, has a dog and commented many people enjoy the dog park. You can meet and talk to anyone at the park, where there are only a few people that would benefit from the hangar. Matt, 228 Park Avenue, wants the hangar to be built to bring in more people to enjoy the community. He is a pilot who uses the dog park, and he feels that more people will come over to talk to pilots to learn about the aviation community which will help blend the community. Bob Horne, 151 Wedgewood Lane, returned asking to see a visual impact study. He was at the dog park putting up posters regarding this hangar and found out a lot of people didn’t even know about it. Everyone he spoke to is concerned and didn’t think it was a good idea. He asked Planning Director Taylor about the tie downs and if a permit would be needed to replace them, which Taylor confirmed they would not. Whitefish Community Development Board June 20th, 2024 4 Beckham questioned if the leases would be on a yearly basis, or as people came in. Bill McKinney said there will be one for him, two more for annual leases, and the last one for someone who flies in for the evening or weekend. He uses the dog park and explained the view mainly lost are the ones in the parking lot but understands people’s concerns. MOTION / VOTE (WCUP 24-05) Heberling made a motion, seconded by Scott to recommend denial of the approval of WCUP 24-05. BOARD DISCUSSION Heberling brought up the issues of James Dodkin’s May 7th letter and spoke about. The update completed by the Planning staff on May 16th didn’t address or answer any of the issues his letter raised. Scott is not seeing a public benefit and is concerned about water and fire hydrants. He stated the only support this hangar has received is from three pilots. The motion to deny WCUP 24-05 passed unanimously. Beckham stated this will be going to the City Council on July 1st and encouraged everyone to attend. Wurster brought up the Council member who spoke earlier about their decisions and felt the WCDB was being castigated for not having read the packet and holding up the process unnecessarily. He takes exception to this because he does read and prepare for the meetings taking the process seriously. He objects to the characterization. Beckham stated the objection would be noted. 2. WZTA 24-02 A request by the City of Whitefish to amend City Zoning Regulations Section 11-8-1, Appendices, Appendix F, Whitefish Sign Districts, and Appendix G, Sign Standards Table, to update the table to include the Business Service Sign District, and to revise the Sign District boundaries to better follow existing commercial and industrial zone boundaries as an implementation of the Highway 93 South Corridor Plan. Planning Director Taylor reviewed his staff report, findings of fact, and conditions of approval. As of the writing of the staff report no addition comments have been received. Whitefish Community Development Board June 20th, 2024 5 Staff recommended adoption of the findings of fact within staff report WZTA 24-02 for approval to amend the City Zoning Regulations for the Whitefish Sign Districts. PUBLIC HEARING Vice Chair Beckham opened the public hearing, no one wished to speak and the hearing was closed. COMMUNICATIONS FROM BOARD Board Member Scott thanked Planning Director Taylor for a wonderful presentation as well as the entire planning staff for their diligent work researching and coming up with the staff reports. Scott questioned sign ordinances from 25-28 years ago regarding sandwich boards. He wants to know why the Farmer’s Market, and other places have them. Taylor explained they were special permits issued by the city manager, and not part of the sign code. Taylor did say this sign code would impact sandwich board signs where the Old Town Sign District was being reduced in size as that is the only district that allows them. Boland asked how WZTA 24-02 would affect the City’s budget which Taylor explained there would not any cost. MOTION AND VOTE (WZTA 24-02) Scott made a motion, seconded by Wurster to approve the City Zoning Regulations for the Whitefish Sign District. The motion passed unanimously. G. GOOD AND WELFARE Matters from the Board None. Matters from Staff Planning Director Taylor reminded everyone there will not be a work session next month on the growth policy update. Poll of Board Members available for next meeting All Board members present indicated they would be at the July 18th, 2024, meeting at 6:00 p.m. Beckham adjourned the meeting at 7:39 p.m. Whitefish Community Development Board June 20th, 2024 6