Whitefish Community Housing Committee

WHITEFISH COMMUNITY HOUSING COMMITTEE AGENDA Wednesday, May 29, 2024, at 4:00 p.m. City Hall – City Council Conference Room 1. Call to order 2. Communications from the public 3. Approval of minutes from the April 22nd meeting 4. Growth Policy Update presentation by Long-Range Planner Tiefenbach 5. Zoning for Affordability: a. Review housing and zoning requirements in SB 382 b. Discuss zoning change ideas 6. Community Housing Development Plan/Pipeline of Land Partnership Opportunities: a. Mapping Project: Identification of buildable lots for community housing 7. Discuss regular meeting schedule/time 8. Communications from Staff 9. Communications from partner agencies 10. Other items not on the agenda 11. Next committee meeting scheduled for: a. TBD – June 24th from 4:00 p.m. to 6:00 p.m. 12. Adjourn. Committee Documents: Click here to access the Whitefish Community Housing Roadmap Click here to access the 2022 Whitefish Area Community Housing Needs Assessment Click here to access the Workforce Housing Needs Assessment Click here to access the 2017 Whitefish Strategic Housing Plan WHITEFISH COMMUNITY HOUSING COMMITTEE MEETING MONDAY, APRIL 22, 2024 4:00PM CITIY HALL-WHITEFISH CONFERENCE ROOM PRESENT: Board Members-Cameron Blake, Ben Davis, Rhonda Fitzgerald, Roxann Gallagher, Carolyn Pitman, Daniel Sidder (ZOOM). Absent: Jeff Raper, Marissa Getts (has not been formally appointed by City Council. Staff Members-Luke Sponable, Wendy Compton-Ring, Dana Smith. The Committee does not have a quorum. Call to Order by Cameron Blake at 4:00pm 1. Communication from the Public. Ben Davis received a letter from Kelly Stoclzle and he responded to her. The letter was made available to the committee. 2. Approval of Minutes from April 2, 2024 meeting. Minutes were corrected to read “Roxann Gallagher nominated Ben Davis as Vice-President and the motion was seconded by Jeff Raper. Roxann motioned to approve the minutes with corrections; motion was seconded by Ben Davis. Motion approved unanimously. 3. The Committee spent the majority of the meeting discussing future Committee priorities. Using the 2022 Whitefish Community Housing Roadmap as the guide, the Committee discussed the Community Housing Strategies and the City’s role in its Core Components. First discussed was Core Component, Number 4: Implement Communications and Outreach Plan. Rhonda Fitzgerald noted that organizations such as the WCVB, which already has an active and effective public outreach plan, should be utilized by the City to better communicate with the public. Next, Under Strategies, Number 1: Activate Public/Private Development, the Committee focused on Priority Action I, Create Community Housing Development Plan and Priority Action 3, Create pipeline of land partnership opportunities. Strategies suggested were to create a Community Housing Development Plan in conjunction with the Whitefish Growth Policy; look at property the City owns; and, survey private land and approach landowners. Committee members also noted that it needs an update on infrastructure and the identified needs in order to address certain areas of development. Monegan Road was given as an example. A map of potential locations, both City owned and private, would be very helpful. In a discussion of partnership opportunities, the Alpenglow II housing project has a fundraising plan and is seeking private funds. It was felt that we can do more to bring philanthropy into play. Finally, the Committee requested that Alan Tiefenbach, the City’s Long Range Planner, to attend our next meeting as well as Daniel Sidder, Housing Whitefish ED. Finally, the Committee focused on Implementing Policies to Support Community Housing, Priority Action 5, Zoning for Affordability/Flexible Forms. It pairs with the Growth Policy and it expands housing options and development opportunities. The Committee felt that these three areas were as much as the Committee could prioritize for the upcoming future but reiterated that it was necessary to have a discussion with Alan Tiefenbach before proceeding. 4. The Committee debated whether our regular meeting schedule/time should be changed because some members have difficulty with the 4pm-6pm meeting time. It was decided to wait until the May 29, 2024, meeting to discuss the issue when more members would be in attendance. Communications from staff: Dana Smith reviewed the work being done by Codi Evenson regarding short term rentals. Cody is updating the application process and has done a few registrations and inspections of short term rentals. Dana also announced that the City will hold a work session for the Housing Annexation Policy on June 17, 2024. 5. Other items not on the Agenda: There were no additional items brought up for discussion. 6. Next Whitefish Housing Committee meeting is scheduled for May 29, 2024 at 4:00pm. 7. Meeting adjourned at 5:40pm Respectfully Submitted, Carolyn Pitman, Secretary  - 2023 68th Legislature 2023 SB0382 the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the zoning regulations. (c) Approved construction techniques or other mitigation measures described in subsection (6)(b) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901. (7) The zoning regulations and map must mitigate the hazards created by development in areas located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and map must identify those areas where future development is limited or prohibited. (8) The zoning regulations must allow for the continued use of land or buildings legal at the time that any zoning regulation, map, or amendment thereto is adopted, but the local government may provide grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or buildings after the adoption of a zoning regulation, map, or amendment. Section 19. Encouragement of development of housing. (1) The zoning regulations authorized in [section 18] must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area: (a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted; (b) zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government; (c) eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit; (d) eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduce the fees by at least 25%; (e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence; (f) allow for single-room occupancy developments; (g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted; - 22 - Authorized Print Version – SB 382 ENROLLED BILL  - 2023 68th Legislature 2023 SB0382 (h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%; (i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements; (j) provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023; (k) eliminate setback requirements or reduce existing setback requirements by at least 25%; (l) increase building height limits for dwelling units by at least 25%; (m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses; or (n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses. (2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2, before [the effective date of this act] does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government. (3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local government. Section 20. Limitations on zoning authority. (1) A local government acting pursuant to [sections 18 through 24] may not: (a) treat manufactured housing units differently from any other residential units; (b) include in a zoning regulation any requirement to: (i) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or (ii) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices, including a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices; (c) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to - 23 - Authorized Print Version – SB 382 ENROLLED BILL  - 2023 68th Legislature 2023 SB0382 accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; (d) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground; (e) subject to subsection (2) and outside of incorporated municipalities, prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones; (f) except as provided in subsection (3), treat the following differently from any other residential use of property: (i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623, if the home or facility provides care on a 24-hour-a-day basis; (ii) a community residential facility serving eight or fewer persons, if the facility provides care on a 24-hour-a-day basis; or (iii) a family day-care home or a group day-care home registered by the department of public health and human services under Title 52, chapter 2, part 7; (g) except as provided in subsection (3), apply any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general to a community residential facility serving 8 or fewer persons or to a day-care home serving 12 or fewer children; or (h) prohibit any existing agricultural activities or force the termination of any existing agricultural activities outside the boundaries of an incorporated city, including agricultural activities that were established outside the corporate limits of a municipality and thereafter annexed into the municipality. (2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432. (3) Except for a day-care home registered by the department of public health and human services, - 24 - Authorized Print Version – SB 382 ENROLLED BILL  - 2023 68th Legislature 2023 SB0382 a local government may impose zoning standards and conditions on any type of home or facility identified in subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the requirements of subsections (1)(f) and (1)(g). Section 21. Adoption and amendment of zoning regulations. (1) (a) The governing body shall adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the planning commission. (b) An amendment to an adopted zoning regulation or map may be initiated: (i) by majority vote of the governing body; (ii) on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general election; or (iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval. (2) Prior to making a recommendation to the governing body to adopt or amend a zoning regulation or map, the planning commission shall: (a) provide public notice and participation in accordance with [section 6]; (b) accept, consider, and respond to public comment on the proposed zoning regulation, map, or amendment. All public comment must be part of the administrative record transmitted to the governing body. (c) make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the land use plan, including whether the zoning regulation or map: (i) accommodates the projected needed housing types identified in [section 10]; (ii) contains five or more specific strategies from [section 19] to encourage the development of housing within the jurisdiction; (iii) reflects allowable uses and densities in areas that may be adequately served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the local government in [section 11]; (iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional - 25 - Authorized Print Version – SB 382 ENROLLED BILL