Planning Commission

WHITEFISH COMMUNITY DEVELOPMENT BOARD July 18th, 2024 6:00pm A. CALL TO ORDER Chair Steve Qunell called the regular meeting of the WCDB to order. Board members present were Phil Boland, Jon Heberling, Toby Scott, Whitney Beckham, Steve Qunell and Scott Wurster. John Middleton was absent. Staff present was Planning Director David Taylor, Senior Planner Wendy Compton-Ring, Planner 1 Nelson Loring, and Legal Assistant Bree James. There were approximately 12 people attending in addition to the Board members and staff. B. AGENDA CHANGES Beckham recommended changing Public Hearing #4 WCUP 24-07 to the first discussion. Taylor replied people do call to find out when a discussion will take place, and if moved some may miss it. Motion failed for lack of second. C. APPROVAL OF JUNE 20TH, 2024 MINUTES Wurster asked staff to explain how they get a copy of the minutes before the meeting. Taylor explained they are linked to the packet. Wurster confirmed that City Council also receives a copy of the WCDB minutes. Wurster made a motion, seconded by Beckham to approve the minutes. The motion passed unanimously. Wurster brought up the comments from Giuseppe Caltabiano at the previous meeting. He asked Taylor if he agreed with the comments, to which Qunell asked them to wait until agenda Item G. Matters from the Board for further discussion on this. Qunell asked the record to reflect that Heberling was in attendance now. D. COMMUNICATIONS FROM THE PUBLIC (items not on the agenda) None E. UNFINISHED BUSINESS None Whitefish Community Development Board pg. 1 July 18th, 2024  F. PUBLIC HEARINGS: DECISION ITEMS: 1. WZV 24-02 A request by Pete & Vivienne Akey for a variance to the side yard setback to remodel an existing garage in the side yard setback. The property is currently developed with a single-family home zoned WR-2 (Two-Family Residential District). The property is located at 1004 E 9th Street and can be legally described as Lot 4, Brant & Lenon Subdivision in Section 36, Township 31 North, Range 22 West, P.M.M. Senior Planner Compton-Ring reviewed her staff report, findings, and conditions of approval. As of the writing of the staff report no comments have been received. Staff recommended adoption of the findings of fact within staff report WZV 24-02 for approval of the preliminary plat for the garage remodel. COMMUNICATION FOR APPLICANT/AGENCIES Pete Akey 1004 E. 9th Street thanked them for their previous approval and hopes they will approve this again so they can move on with their project. PUBLIC COMMENT There being no further comments Qunell opened this up for a motion from the Board. MOTION / VOTE (WZV 24-02) Scott made a motion, seconded by Wurster to approve the variance for Pete & Vivienne Akey. The motion passed unanimously. 2. WZV 24-03 A request by Jim Lynn, on behalf of 1240 Birch Point LLC, to the Lakeshore Protection Zone setback requirements for a proposed deck post relocation in order to remove the deck from the lakeshore protection zone. The property is currently developed with a single-family home and is zoned WR-2 (Two-Family Residential District). The property is located at 1240 Birch Point and can be legally described as Lot 9-E 30.15' 8, TR 3CCF IN L5, Block 4, Ramsey Addition, S26, T31 N, R22 W, Flathead County. Planner Loring reviewed his staff report, findings, and the conditions of approval. As of the writing of the staff report, no comments had been received. Staff recommended adoption of the findings of fact within staff report WZV 24-02 for approval of the proposed deck post addition. COMMUNICATIONS FROM BOARD Qunell wanted to know if removing some part of the deck in front of the lakeshore protection zone was the minimum to alleviate the hardship for this project. He asked for explanation on their policy to meet the criteria, or if they could not build anything new in the buffer zone. Whitefish Community Development Board pg. 2 July 18th, 2024 Loring explained any structural repair would require the variance. Qunell understands they want to replace posts and add part of the deck that didn’t exist before in the buffer zone. He said they have very strict rules for variance requests and asked if their policy was to recommend giving to get something to meet the minimum to alleviate the hardship. Taylor doesn’t consider it a policy, but if someone removes something from the lakeshore protection zone, they have given a little more leniency to try and make something functional outside the zone. Qunell mentioned the pictures of other reconstructed places along Birch Point Drive and asked if they were following the precedent from what others have done. Loring didn’t find any other variances, and Taylor said that some of those homes have been built right up to the water because there is not a lot of room. Heberling question how many feet of deck was being removed and added. Loring explained that 51 square feet was being removed from the Lakeshore Protection Zone and 21 square feet was being added into the Lakeshore Protection Zone setback. COMMUNICATION FROM THE APPLICANT/AGENCIES Jim Lynn explained when he bought the house several years ago, they were squeezed between the lake and railroad tracks because the lots are very narrow. They are trying to remove everything in the Lakeshore Protection Zone, but he can’t do anything about where his house sits in the setback. Previously he was given the approval to add a garage to the same area and he is doing what he can to have a deck without upsetting trees or getting permission from the railroad to be right on the tracks. Beckham wondered what they plan to do with the area when they remove the deck from the Lakeshore Protection Zone. Mr. Lynn is working with landscapers Forestoration to do what they can to add native plants. He added that even with this variance he will still be the furthest house from the water in the neighborhood. Qunell asked about the size of the area with blue hashmarks, which Lynn explained would only be about 20 inches and added the deck was only going to be big enough to get around 6 people on. The stairway is outside the area. Qunell closed the public hearing and put it to the Board for a motion. MOTION AND VOTE (WVZ 24-02) Beckham made a motion, seconded by Boland to approve the variance. The motion passed unanimously. Wurster has been out to this site when it came to the Board of Adjustments in the past and feels the applicant is trying to do the best he can. Qunell takes these matters very seriously because he feels their biggest responsibility is to protect the lake, but in this case, he doesn’t feel like 20 inches is going to make that big of a difference. Whitefish Community Development Board pg. 3 July 18th, 2024  RECOMMENDATION ITEMS: 3. WCUP 24-06 A request by Barbara McCartney for a Conditional Use Permit to construct a guest house. The property is currently developed with a single-family home and is zoned WLR (One-Family Limited Residential District). The property is located at 3 Tides Way and can be legally described as Lot 2, Tides Way Subdivision in Section 35 Township 31N Range 22W, P.M.M., Flathead County Senior Planner Wendy Compton-Ring reviewed her staff report, findings, and conditions of approval. As of the writing of this staff report no public comments have been received. Staff recommended adoption of the findings of fact within the staff report WCUP 24-06 for approval of the conditional use permit for the guest house. COMMUNICATION FROM BOARD Qunell asked Compton-Ring to review the subdivision regulations concerning additional lots and roadway width. Compton-Ring explained the subdivision regulations and engineering standards if you have more than 2 single families or 3 units you need to have a public or private road. A public road needs to be 60 feet and a private road needs to be 50 feet. They only have 30 feet. Qunell doesn’t like the working “likelihood” and asked if there should be a condition added to not subdivide. Compton-Ring said they are only approving the addition of the guest house and the applicant may be able to volunteer a restriction on their property. COMMUNICATION FROM APPLICANT/AGENCIES Sierra McCartney spoke for the applicant who is her mother. She explained since her sister has had a child she has envisioned having a multigenerational housing scenario. This property has been in her family and the sole purpose of the guesthouse is for the grandparents to live there. Qunell said his only concern is if something happens to their family and they don’t own it anymore if someone would subdivide the property. Beckham asked if the 25-foot buffer reduction would make or break this project. Sierra McCartney explained it would greatly change the plan and they would rather put a deed restriction on the land. Qunell closed the public hearing and put it to the Board for a motion. Boland asked to be recused from the vote because he is on the Grouse Mountain HOA and the Architectural Review Committee. Qunell asked if he would gain financially from this decision which Boland confirmed no. Qunell told Boland he had the option to stay which Boland agree to. Staff agreed. MOTION AND VOTE (WCUP 24-06) Scott made a motion, seconded by Wurster to approve the guesthouse. The motion passed unanimously. Whitefish Community Development Board pg. 4 July 18th, 2024 BOARD DISCUSSION Heberling made a motion to add a friendly amendment showing no commercial use of the guesthouse as well as preventing this from becoming a rental. Compton-Ring explained the zoning already doesn’t allow for commercial use. The motion failed for lack of second. 4. WCUP 24-07 A request by Jessie Diehl on behalf of Whitefish Community School to expand the Whitefish Community School into a daycare center. The property is located at 805 Park Ave and can be legally described as TR 1 IN L 3 in S31, T31N, R21W, P.M.M., Flathead County. Planner Loring reviewed his staff report, findings, and the conditions of approval. As of the writing of the staff report 1 public comment was received and an additional 7 after. Staff recommended adoption of the findings of fact within staff report WCUP 24-07 for approval of the expansion for the daycare center. COMMUNICATION FROM THE BOARD Scott questioned where the new structure was from the drop off area, which Loring explained it has not been designed yet which is why it was not included. Scott then asked if the lot line went further East which Loring replied no it’s the edge of the property. Beckham wondered about the letter received referring to the parking lot being fenced with something obscuring it or if the play yard was all the same area. Loring spoke to her about her concerns and said mainly she wanted to know if she would still be able to use the alley which he directed her to Public Works for, and explained further fencing the parking area would not make sense. Wurster brought up page 5 of the staff report and asked about there being no environment constraints. He said there is no mention of substantial fill that would be needed or the area being a wildlife corridor. Loring doesn’t know how much fill would be needed and didn’t hear back from FWP regarding wildlife being affected. Heberling said you couldn’t draw any conclusions from not hearing back from FWP which Loring explained they are the experts and didn’t have any comments. Heberling wanted to know if a letter was submitted stating FWP had no concern which Loring replied there wasn’t. Wurster is concerned about staff relying on no comment being no concern. Qunell spoke up saying it is very rare that FWP would comment on a wildlife corridor since this is mostly a residential area and it is standard procedure. If they are looking at that level of specificity, they may not be doing their jobs. Qunell commented that on page 4 of the staff report it had been cut off and had Loring explain this. He also asked Loring if there was anything in their code about daycares and requiring a minimum square footage per student. Loring explained it would be dealt with at the state level when licensing occurred. Whitefish Community Development Board pg. 5 July 18th, 2024 Scott asked for explanation of a collector street which Loring explained. They discussed the area and the street being a dead end. Wurster mentioned the Whitefish Christian School lighting and explained he was wondering if this project would also be dark sky compliant. Loring explained any new lighting would have to be compliant. COMMUNICATION FROM APPLICANT/AGENCIES Doug Peppmeier, 450 Corporate Drive, Kalispell, MT agrees with the conditions and findings of fact. The letter regarding a fence which he explained they cannot do because the alley is owned by the City of Whitefish. As for the landscaping the applicant would have to follow the city zoning regulations. Peppmeier explained he was not aware of the drop off area being designed a quiet area, but knows they are required to be marked as a loading/unloading zone which will go with the building permit. The alley will still be open to the public even with the school paving it. They will need around 3-4 feet of fill which is why they need a retaining wall. He mentioned anyone who uses this area knows it is a bit of a nightmare already and the applicant is trying to take traffic off E 8th street. Boland asked Peppmeier about the lighting which Qunell reminded them this has nothing to do with the Whitefish Christian School. Heberling asked how much fill would be needed which Peppmeier explained. Heberling then asked if he could describe it in yards which Peppmeier explained would be done with later in the project. Heberling asked for a rough estimate when Qunell spoke up explaining that it is beyond the scope of what they are looking at now. Environmental review was also brought up as a concern which Qunell explained they only need to figure out if this is a good place for this project now, but he could add a condition regarding fill. Peppmeier explained during the permit process they will have to meet all the City requirements including the City Engineering Standards. Jessica Diehl, 52A Elderberry Loop, the director of the Whitefish Community School, explained their wait lists are averaging around 120 families for the past few years. PUBLIC HEARING Morgan Cawdrey, 4 River Trail Court, explained childcare needs in the area, and spoke highly of the Whitefish Community School. Dean Lihou, 817 Park Avenue, is frustrated with the letter that went out not showing buildings, and his neighbors not knowing about the project. He is concerned with the parking situation and not being able to get a stop sign put up on E 8th and E 10th Streets. He is worried about the number of kids and the additional noise. He is worried about water draining into Cow Creek that feeds into the Whitefish River. Steve Cawdrey, 101A Forest Ridge Drive, is a member of the School’s Board and brought up the waiting list for childcare. They are trying to be sensitive to the neighbors, but all the issues will be addressed at every step of the way. The school is also trying to find subsidies for people who cannot afford childcare. Whitefish Community Development Board pg. 6 July 18th, 2024 Wendy Coulson, 822 Park Avenue, sent in an email, but explained she was a single mom. This site already has a conditional use for a daycare, and she reminded the Board they need to figure out if this is a good idea at this site. Coulson’s biggest concerns are with traffic on Park Avenue, construction, and paving an alley. Paul McCann, 340 Somers Avenue, but owns property on Park Avenue. His biggest concern is with access, and Qunell referred him to Public Works for additional questions. He hopes everything will meet code with landscaping and lighting. Gabe D’Luzansky, 815 Park Avenue, urges the Board to consider the what the traffic at the corner of E 8th Street and Park Avenue is now at 8am, and what adding an additional 15 plus would look like. He has concerns with the environment and where the snow will be plowed in the winter. Eric Jacobsen, 845 Park Avenue, has small children and explained it is already unsafe to walk to Muldown Elementary. He is concerned about additional traffic. Doug Peppmeier, TD&H, spoke about some of the additional concerns brought up. Snow storage will be addressed with Public Works, and they will review traffic. If traffic will be an issue, they can ask for a traffic study to be done. Someone could build a house with 21% more of an impact than this addition proposes. The City has very strict storm water regulations and this will be part of the review process. The number of students is limited to the maximum loading area and could not increase without an expansion. Paul McCann brought up snow removal and his concern with a snowbank blocking his access. Qunell reminded everyone that Public Works will look snow removal. This Board is looking at a Conditional Use Permit, not a building permit which is why it is not required. Starting with a Conditional Use Permit doesn’t cost as much as a full site plan where you give your best estimate of things you want to do. Qunell explained the WCDB makes a recommendation to the City Council and whether this project is a good idea or not for in a neighborhood. He reminded everyone this is not the final say on a project, but they are very open to hearing public comment. Qunell closed the public hearing and put it to the Board for a motion. MOTION AND VOTE (WCUP 24-07) Scott made a motion, seconded by Wurster to approve the proposed daycare expansion. The motion passed unanimously. BOARD DISCUSSION Heberling is in favor of daycare centers but is concerned about 2-3 letters regarding the maximum number of kids which he didn’t find in the staff report. Qunell reminded him how they limit the number of children they can add. Whitefish Community Development Board pg. 7 July 18th, 2024 Qunell asked Planning Director Taylor to confirm Condition #1 requiring they would have to come back to the Board if there is any major deviation, which Taylor confirmed. Beckham will recommend approval of this motion. She uses the area and hopes neighbors will work together to offer suggestions; not just say they don’t support the project. She hopes everyone will also come to City Council with recommendations, and make your feelings heard. Heberling will support this project now that Qunell explained if there is a major deviation the applicant will have to come back to the board for approval. Qunell thanked everyone for attending the meeting and feels the project has been thought out well to get parents in and out and impact traffic. He reminded everyone we have some of the most restrictive city regulations and standards in the state and wonderful staff that reviews projects. Qunell reminded everyone this matter will be going to City Council for the final say and encourages everyone to attend. Qunell explained this is only a recommendation for them to approve, and they will have the final say. G. GOOD AND WELFARE Matters from the Board Wurster brought the discussion up from earlier and asked if Planning Director Taylor agreed with what Guiseppe Caltabiano had said at the previous meeting. Taylor explained some of it was confusing, but he thinks the main point was that when the WCDB deviates from the recommended findings of facts, the Board goes over the findings thoroughly and makes it clear what they recommend. City Council needs to understand what they are deviating from to vote for or against. If they don’t, it leaves staff trying to figure out what the WCDB is thinking and put something together to help City Council understand. Wurst explained the primary function of the Board is to make people feel like they are being heard from his perspective. He sometimes asks questions so the public can hear the answer. Taylor appreciates hearing additional comments from the public that may not have come up yet. Scott commented the findings of fact are based on technical factors and don’t always take into consideration any external factors. He suggested maybe doing a staff findings of fact separately from a Board findings of fact after further discussion between the Board and staff. Regarding the airport issue from the previous WCDB, Boland had some of the FAA regulations explained to him which he feels would have helped the Board make a more informed decision. There was additional discussion between the Board and staff regarding the best way to handle facts in the future. Matters from Staff None. Whitefish Community Development Board pg. 8 July 18th, 2024 Poll of Board Members available for the next meeting. All Board members present indicated they would be at the August 15th, 2024, meeting at 5:00 p.m., as there is a work session scheduled for the Growth Policy Update. Qunell adjourned the meeting at 8:22 p.m. Whitefish Community Development Board pg. 9 July 18th, 2024