Whitefish Community Housing Committee

WHITEFISH COMMUNITY HOUSING COMMITTEE AGENDA Wednesday, June 26, 2024, at 2:00 p.m. City Hall – City Council Conference Room 1. Call to order 2. Communications from the public 3. Approval of minutes from the May 29th meeting 4. Discuss City Council’s direction for the Community Housing Annexation Policy 5. Community Housing Development Plan/Pipeline of Land Partnership Opportunities a. Mapping Project: Review updated map b. Next steps 6. Zoning for Affordability: a. Discuss and identify potential zoning changes to recommend prior to, or for inclusion in, the Growth Policy Update 7. Communications from staff 8. Communications from partner agencies 9. Other items not on the agenda 10. Next committee meeting scheduled for: a. June 22nd from 2:00 p.m. to 4:00 p.m. 11. 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 Wednesday, May 29, 2024 CITIY HALL-WHITEFISH CONFERENCE ROOM PRESENT: Board Members-Cameron Blake, Ben Davis, Rhonda Fitzgerald, Roxann Gallagher, Carolyn Pitman, Daniel Sidder, Marissa Getts, Annaka Egan (ZOOM). Absent: Jeff Raper Staff Members- Wendy Compton-Ring, Dana Smith, Dave Taylor Call to Order by Cameron Blake at 4:00pm 1. Communication from the Public. None 2. Approval of Minutes from April 22, 2024 meeting. Roxann motioned to approve the minutes; motion was seconded by Ben Davis. Motion approved unanimously. 3. Growth Policy Presentation by Long Rang Planner Alan Tiefenbach. Alan gave the committee an overview of the Growth Policy, explaining that its objective is to set goals and policies for the city. A more appropriate name would be a city comprehensive plan. A community plan or growth policy is generally not regulatory. He reviewed what has transpired so far: kick-off meeting, visioning meeting, neighborhood visioning meetings, a transportation plan, infrastructure review, and a consultant’s report on economic development. Other reports are scheduled or underway that deal with the environment and natural resources. Housing will not be on the schedule until spring of 2025. Public outreach and education will be the strategies used to engage the public in pursuing a plan for community and/or workforce housing. 4. Zoning for Affordability: Alan reviewed HB 382. The bill which now is a law requires that Whitefish project its population in 20 years and a land use plan for this projection. Alan has done extensive research on the existing land and housing in Whitefish and gave us possible scenarios for estimating population projections and how we can plan for that projection. A conservative population estimate is 11,500 residents in 20 years. Alan noted that when zoning is determined, it must match the Whitefish Growth Policy. The new law also lists mandates for zoning, such as allowing duplexes in single family zoning, multi-family housing in commercial districts, higher density in areas of employment and increased building height limits; Whitefish must meet at least five of those mandates when they determine zoning. The Committee discussed how to proceed with zoning for affordability recommendations and whether it should follow the 2022 Whitefish Community Housing Roadmap or the laws relating to Bill 382. The law is being challenged in court and a new legislative session could change or nullify the existing laws. The Committee determined that it would look at the zoning using the Roadmap as its guide. It was noted that some of the recommendations and mandate from Bill 382 are appropriate to consider. Recommendations will be forwarded to the City Council to make the final zoning decisions. 5. Community Housing Development Plan/Pipeline of Land Partnership Opportunities: Mapping Project-Identification of buildable lots for community housing. Committee members studied maps of Whitefish that detailed the different land uses within the city’s boundaries. Committee  members designated different areas of town that appeared compatible with future housing development, noting that the map had several land use inaccuracies. The areas suggested by the Committee will be organized and studied to determine if they meet other considerations for development, such as infrastructure. 6. Discussion of regular meeting time: The Committee has decided to hold its regular meeting the fourth Monday of the month from 2pm-4pm. An exception will be made in June, when the meeting will be Wednesday, June 29, 2024, from 2pm-4pm. 7. Communications from Staff: Dana announced that the City Council will hold a work session for the Housing Annexation Policy on June 17, 2024, at 5:30pm. 8. Communications from Partner Agencies: Daniel Sidder, Housing Whitefish, discussed the design development and the fund-raising kick-off for Alpinglow II, as well as the progress of the Workforce Assistance Program. Marissa Getts, Whitefish Housing Authority, announced that her organization is working on a Five-Year Plan and will solicit public feedback when that is completed. 9. Other items not on the Agenda: There were no additional items brought up for discussion. 10. Next Whitefish Housing Committee meeting is scheduled for Wednesday, June 26, 2024, 2pm-4pm. 11. Meeting adjourned at 6:00pm 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  Priority Actions Definition Recommended Steps 4. Incentives for Providing by-right variances or ▪ Apply community housing deed restriction or deed restriction light (as Community concessions, fee reductions, regulatory appropriate) to developments receiving incentives. Housing exceptions, etc., in exchange for deed ▪ Considerations: restricted community housing production. o Deed-restricted units by right in multi-family zones (e.g., market rate units may require CUP, deed restricted are by-right). Whitefish has a density bonus incentive o Review parking standards. Scale parking requirements by bedroom size, for deed restricted community housing. expand shared parking opportunities. Accessory dwelling unit (ADU) policy o Defer payment of development, water/sewer hookup, etc. fees until provides incentive in exchange for occupancy. Waive fees if/when replacement funds are available. renting to a full-time resident for 5- o Streamlined ministerial processes for projects providing a minimum level years. of community housing. (California SB 35 is an example; § 65582.1 CA Govt Code lists several practices.) ▪ Consider best practice fee modifications to incentivize desired development (e.g., smaller, lower cost homes). o Charging fees on a per square foot basis (rather than per unit) to ensure smaller units pay lower fees – evaluate all fees accordingly. ▪ Implement other changes based on recently approved community housing and low-market projects (e.g., Trailview, Alpenglow Apartments, etc.). Evaluate adopting variances sought as by-right code changes/community housing incentives. 5. Zoning for Allowing small lots for modest/tiny ▪ Pairs with Growth Policy update. Affordability/ houses, live/work opportunities, ▪ Permit by-right and remove barriers to producing alternative housing types in Flexible Forms dorms/seasonal options, hotel appropriate zones/locations. conversion, multi-family housing by-right ▪ Expands housing options and development/redevelopment opportunities to in all or most zones. Expands the better serve the community. diversity of opportunities to address the ▪ Larger step: evaluate adopting form-based code/floor area ratio (FAR) in variety of community housing needs lieu of traditional density/use-based zoning in core development areas. across the income and life-stage Form-based codes establish base level coverage/bulk/design (physical form) spectrum. Likely requires engineering, requirements and permit flexibility in unit number/type and land uses within building, and development code that base, resulting in more predictable design outcomes and usable spaces. adjustments to achieve. 2022 Whitefish Community Housing Roadmap 26