Planning Commission

WHITEFISH COMMUNITY DEVELOPMENT BOARD October 17TH, 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 Whitney Beckham, Phil Boland, Scott Wurster, Toby Scott, and Jon Heberling. Steve Qunell and John Middleton were absent. Staff members present were Planning Director David Taylor and Planner Lauren Macdonald. There were approximately 4 people attending in addition to the Board Members and Staff. B. AGENDA CHANGES None C. APPROVAL OF August 15TH, 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 24-06 Ford Scott, on behalf of WS Property Investments, LLC, is requesting a variance to the off-street parking requirements 11-6-3-3 to use two leased parking spots off-site instead of a required onsite parking space for a second-floor residential use above commercial in the WB-3 Zone. The property was formerly the Masonic Temple and currently has Lula’s on the first floor and was most recently a private school on the second floor. It is zones WB-3 (General Business District). The property is located at 300 E. 2nd Street and can be legally described as Lots 17 & 18, Block 37, Brix Condominiums, in S36, T31 N. R22 W. Flathead County. Planning Director David Taylor reviewed his staff report, findings, and conditions of approval. As of the writing of his staff report no public comments were received. Staff recommended adoption of the findings of fact within staff report WZV 24-06 for denial of a variance to the off-street parking requirements for the property at 300 E. 2nd Street. Whitefish Community Development Board October 17th, 2024 1 COMMUNICATION FROM THE BOARD Beckham wondered how many parking spots were available in the parking garage. Director Taylor wasn’t sure how many spots were available. Scott had questions about the 30-day parking rental permit program in the parking garage. Boland asked if a temporary parking permit could be put in the window of a vehicle instead going off the license plate since this would only be for 2 spaces. Director Taylor stated that it was unlikely that an exception could be made for that but he could contact the city department in charge of the leases and inquire. COMMUNICATION FROM APPLICANT/AGENCIES Ford Scott on behalf of WS Property Investments, LLC explained they want to convert the 2nd Story to 1 single residential unit instead of multiple units. He explained why they believe the 2nd floor was better for a residential use than commercial. They would be willing to lease 2 vehicles to guests so the license plates would stay the same. Heberling brought up the recent code amendments in relation to new laws from the legislature confirming off-site parking was allowed if you have 5 or more units and wondered if that would be an option for the applicant to change it to five units. Ford Scott explained that wasn’t an option for them. Heberling wondered about the walk to the unit being an issue. Scott wondered if a 4-bedroom unit would work as a long-term rental and brought up the fact that most likely someone locally would not be able to afford to stay there. Ford Scott explained they would be renting for 30-day minimums and not trying to do short-term rentals. They expect the turnover to be a month or a few months at a time. Beckham asked if the sale of this was contingent on being able to lease the 2 parking spots, which Ford Scott confirmed. Wurster asked if this was a condominium for Brix Condominiums, which Ford Scott confirmed. PUBLIC COMMENTS Carly Tuman, 670 5th Avenue, a property manager in Kalispell gave a brief explanation of her history managing properties and would be working with Ford Scott. She would help manage the property and make sure all compliances were being met. Rhett Johnson, 405 Blanchard Lake Road, said he was currently the owner of the property, He explained they have had a hard time renting the space in the past and he thinks this would be a good option for the space. Scott asked him how many bathrooms were currently on the 2nd floor which Rhett Johnson explained there are currently 2 with toilets and sinks, but neither with a shower. Scott further asked if they had considered making this an event venue, which Rhett Johnson explained they Whitefish Community Development Board October 17th, 2024 2 didn’t think it would work because it would have to be rented every weekend at a very high price. Salons and medical offices are the types of renters that have looked at this space. MOTION (WZV 24-06) Wurster made a motion to deny the variance, seconded by Scott. BOARD DISCUSSION. Heberling said other properties have arranged for off street parking and said England and France don’t have parking. He doesn’t think this problem is peculiar to this property. He can’t make a positive finding on all 9 conditions. Wurster brought up Finding 9 and the fact that something like this has never been granted in the past. He is concerned if they did grant this variance that it could cause problems with others asking for the same thing. Scott agrees with Wurster and is also concerned about renting out parking spaces for out of towners as well. He is not in favor of this. Heberling did find a way around Finding 9, but not 2 and 4. Beckham spoke and said she will be voting to deny the variance as well because there are too many of the regulations that they can’t square with this since there are strict compliance in place. She does understand what the owners are going through but can’t agree to this variance for a 1 unit. VOTE (WZV 24-06) The variance was denied unanimously. 2. WZTA 24-03 A request by the City of Whitefish to amend City Zoning Regulations Section 11-5, Sign Regulations, 11-5-4-A, Exempt, Prohibited and Special Standards, 11-5-5-A-3, General Sign Standards, 11-5-6-2-A-6, Old Town Sign District, 11-5-6-4-A-1, Residential Districts, to make housekeeping changes to allow bulletin boards, clarify flag clearances, clarify ground mounted sign clear vision triangle setbacks, revise and clarify “A-frame” sign standards downtown, and allow for public park freestanding monument signs in residential districts. Planning Director David Taylor reviewed his staff report and findings. As of the writing of his report no public comments were received. Staff recommended adoption of the findings of facts within staff report WZTA 24-03 for approval to amend the City Zoning Regulations for signs. COMMUNICATION FROM THE BOARD Whitefish Community Development Board October 17th, 2024 3 Wurster wondered if the bulletin board provision would include grocery stores like Markus Foods, which Taylor explained it would apply to, and it had a provision for businesses to keep them neat and tidy. Beckham asked if black boards and dry erase boards could be included which Taylor explained they have been included in this request. Boland questioned Taylor about feather banners which he explained that they are considered temporary signs and already prohibited. Scott questioned Item 10 and the part about the public not being able to see them. Taylor explained you can have exempt signs if they are not visible from the street, for example the one at the Remington in their doorway. PUBLIC COMMENTS None MOTION (WZTA 24-03) Scott made a motion, seconded by Boland to approve the sign ordinance. Beckham made a friendly amendment to add onto 11-5-6-4-A-1 under freestanding signs to cross out “or” and add “or public uses”. It was seconded by Heberling. BOARD DISCUSSION. Wurster asked about the magnetic letters on A-frame signs and whether the rest of the board supported that. Taylor explained where the code language for that could be found in the report. Beckham was concerned magnets blowing off and potential litter. After discussion, Wurster elected not to pursue an amendment to the code as proposed. VOTE (WZTA 24-03) The motion was passed unanimously including the friendly amendment. G. Good and welfare Whitefish Community Development Board October 17th, 2024 4 MATTERS FROM STAFF Planning Director Taylor introduced Planner I Lauren Macdonald to the board who replaced Nelson Loring. He also mentioned Tammy Zamoyski their new resilience planner who started about two weeks ago and they will meet soon. There will be a work session on Monday with the City Council with Alan Tiefenbach to bring the council up to speed on the progress to date on the Growth Policy. MATTERS FROM BOARD None POLL OF BOARD MEMBERS AVAILABLE FOR NEXT MEETING. All Board Members present indicated they would be at the November 4th, 2024, meeting at 6:00 p.m. Boland made a motion to adjourn the meeting, seconded by Scott at 7:32 p.m. Whitefish Community Development Board October 17th, 2024 5