Whitefish Community Housing Committee

WHITEFISH COMMUNITY HOUSING COMMITTEE AGENDA Monday, July 22, 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. Review Whitefish Housing Authority’s 5 Year Plan 6. Community Housing Development Plan/Pipeline of Land Partnership Opportunities a. Mapping Project: Review updated map b. Next steps 7. Zoning for Affordability: a. Discuss and identify potential zoning changes to recommend prior to, or for inclusion in, the Growth Policy Update 8. Communications from staff and partner agencies 9. Other items not on the agenda 10. Next committee meeting scheduled for: a. August 26th 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  OMB No. 2577-0226 5-Year PHA Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing Expires: 03/31/2024 (for All PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs. A. PHA Information. A.1 PHA Name: __Whitefish Housing Authority______________________________________ PHA Code: ___MT015____________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): _07/24_____________ The Five-Year Period of the Plan (i.e. 2019-2023): __2024 - 2029____________ PHA Plan Submission Type: 5-Year Plan Submission Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below.) PHA Program(s) in the Program(s) not in the No. of Units in Each Program Participating PHAs Code Consortia Consortia PH HCV B. Plan Elements. Required for all PHAs completing this form. B.1 Mission. State the PHA’s mission for serving the needs of low-income, very low-income, and extremely low-income families in the PHA’s jurisdiction for the next five years. Whitefish Housing Authority (WHA) manages, builds, and provides subsidies for safe, decent, and affordable housing for low-and moderate-income households in and around Whitefish. Page 1 of 9 form HUD-50075-5Y (03/31/2024) B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of low-income, very low-income, and extremely low-income families for the next five years. Goal: Improve Service Delivery - Rebuild website for better information dissemination and streamlined user experience, including online applications process and coordination with other area entities if feasible - Explore the feasibility of working with area partners to bring in social workers and/or other service providers for PH residents & HCV clients in need of assistance beyond subsidized housing; partner for service provision when feasible and beneficial to residents and other clients - Complete a full packet review for each WHA program; identify improvements & update packets as necessary - Develop a quality control agreement with an area PHA; when possible, take ‘field trips’ to meet with and learn from other regional PHAs - Develop a set of written organizational values that balance the requirements of excellent property and program management with service delivery that actively improves the lives of low- income clients - Become high performing PHA Goal: Increase Staff + Board Capacity - Identify specific needs for staff training & invest in training, including but not limited to: o Accessibility policies / procedures o Financial reporting / accounting o Grant writing - Apply for and receive AmeriCorps Vista grant for organizational capacity development - Fill the board and maintain a full board - Conduct a bylaws review, including clarifying board positions and committees and transitioning away from using the ED as secretary/treasurer - Build strong board training policies and procedures, fund board training if necessary - Develop clear HR policies & role descriptions geared towards staff retention and performance, including hybrid work arrangement for office staff Goal: Increase Number, Diversify Type, and Improve Quality of WHA Owned & Supported Affordable Homes - Complete Depot Park Townhomes (22 ownership units) - MVM: Work with residents to develop 5-year plan for MVM specifically, including but not limited to: o Transition MVM to vouchers through RAD conversion / Section 18 to provide financing for a full rehabilitation of the building (based on an updated Capital Needs Assessment if necessary); work with contractors to create a construction/renovation plan that maintains residents’ wellbeing o Update communal spaces to increase resident use and, when employee bandwidth and/or partnerships allow, hold regular social programming for residents o Add two sets of industrial grade washers and dryers o Fully implement Safety & Security Grant funding o Research the feasibility of adding units to Mountain View Manor; add units if feasible Page 2 of 9 form HUD-50075-5Y (03/31/2024)  o Research feasibility of making river access ADA accessible; move forward with construction if feasible o Update landscaping with drought-resistant perennials to improve building attractiveness with low-cost maintenance o Add a fenced off-leash dog area o Apply for a grant(s) to fund the construction of a greenhouse with raised beds - Explore and apply for additional HUD funded voucher programs, including but not limited to Veterans Affairs Supportive Housing (VASH), Foster Youth to Independence (FYI), Emergency Housing Voucher (EHV), HCV Homeownership, etc. - When feasible, work with area partners to develop more rental housing targeted to extremely low-income, very low-income, and low-income households (80% AMI and lower) - When appropriate, support local, regional, and state government efforts to change planning & building policy to encourage a diverse and affordable housing stock Goal: Improve County-Wide Systems Coordination & Role Specialization - Regularly meet with Flathead Valley affordable housing partners to identify shared goals; work on county-wide housing plan - Join and regularly participate in Whitefish Chamber of Commerce and MT Housing Coalition and any other local or housing advocacy group deemed appropriate by the board - Coordinate with area partners for website / application process to create shared application system that connections applicants to best housing assistance - Explore and work towards becoming an interjurisdictional housing authority with other area municipalities, local governments, and community partners - Maintain representative seat on Whitefish Community Housing Committee; continue to coordinate with area partners on achieving the goals identified in 2022 Whitefish Community Housing Roadmap - Develop strong MOUs for every partnership WHA engages in - Explore transferring DPTH + WALT homes to NWMTCLT for long-term management through the land trust model; transfer if feasible - Develop stronger community presence, visibility, and respect through strategic storytelling and educational programming - Goal: Improve Financial Planning & Diversify Revenue Streams - Develop strong grant writing capabilities; bring in at least $500,000 of federal grant funds to support additional housing development and/or county-wide housing planning - Balance building MVM’s operating reserves with investing in the upkeep of the building - Explore the feasibility of a shift to asset management structure and adopt if feasible and beneficial - Determine any lost revenue from existing programs and recapture any revenue possible - Develop additional revenue opportunities that fit within WHA’s mission, prioritizing unrestricted funding streams Page 3 of 9 form HUD-50075-5Y (03/31/2024) B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Previous Goal: Maintain Mountain View Manor - Many of the goals related to the maintenance of Mountain View Manor have not been accomplished over the past 5 years. Pursuing a RAD or Section 18 conversion during this next 5-year period will allow for a masterplan to rehabilitate the aging building. Rehabilitation and preventive maintenance for the building are an extremely high priority for WHA in this upcoming 5-year plan. - Although a full-time maintenance staff position has been created at MVM, there has been significant turnover. Efforts are currently underway to work with area vendors separately to fill the maintenance position responsibilities rather than continue with a full-time maintenance staff. - Computer systems and copiers have been replaced. - Many residents at MVM use Mountain Climber services for transportation, although it is unclear the role that WHA administration played in this. Previous Goal: Increase number of affordable rental units and/or rents for the very low to low-income households. - WHA assisted in the development of Alpenglow Apartments, a LIHTC property of 18 units priced for low-income households. - WHA also worked with Homeward to place 3 project-based vouchers at Alpenglow - WHA donated land to Housing Whitefish for the development of further low-income units - WHA works with City of Whitefish Legacy Homes program participants to place low-income workforce households in 11 units. Previous Goal: Increase homeownership opportunities for low- and moderate-income households. - Currently finishing the development of Depot Park Townhomes – although the pricing has increased to target more moderate-income households, WHA is working on developing additional partnerships and funding sources to bring the prices down. - WHA works to income qualify prospective buyers for Trailview homes; currently working in close relationship with NWMTCLT to transition homes to the land trust model whenever possible. Previous Goal: Improve condition of existing housing stock (besides MVM) - With major shifts in leadership over the past year, the home improvement loan program has been dormant. Current staff will explore program files and communicate with current participants to resume program activities. Page 4 of 9 form HUD-50075-5Y (03/31/2024) B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities, objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. 1. WHA adheres to fair housing practices, providing fair housing referral services to clients and residents as appropriate. 2. WHA will abide by VAWA regulations in our admission, occupancy, and termination of assistance policies. 3. Applicants cannot be denied admission on the basis that the applicant is, or has been a victim of domestic violence, dating violence, sexual assault, or stalking, so long as the applicant otherwise qualifies for the program. 4. WHA uses screening procedures to establish eligibility for program participation. Screening factors are listed in the Public Housing Admissions and Continued Occupancy Policy and the HCV Administrative Plan and are used to prevent crime in housing and to protect the residents of the properties. These screening criteria include, but are not limited to, criminal or drug-related criminal activity, manufacture of methamphetamine, and/or sex offender registration requirement. 5. WHA informs property owners and managers in the Housing Choice Voucher program about their termination responsibilities as they relate to VAWA. C. Other Document and/or Certification Requirements. C.1 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. Whitefish Housing Authority hereby defines substantial deviation and significant amendment or modification as any change in policy, which significantly and substantially alters the Authority’s stated mission and the persons the Authority serves. This would include admissions preferences, conversion programs, etc. Discretionary or administrative amendments consonant with the Authority’s stated overall mission and basic objectives will not be considered substantial deviations or significant modifications. Any policy changes or funding priorities as a result of future actions by HUD will not be considered significant amendments and/or substantial deviations from the plan. C.2 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) have comments to the 5-Year PHA Plan? Y N (b) If yes, comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. C.3 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. Page 5 of 9 form HUD-50075-5Y (03/31/2024) C.4 Required Submission for HUD FO Review. (a) Did the public challenge any elements of the Plan? Y N (b) If yes, include Challenged Elements. D. Affirmatively Furthering Fair Housing (AFFH). Page 6 of 9 form HUD-50075-5Y (03/31/2024)  Affirmatively Furthering Fair Housing. (Non-qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete this section.) D.1 Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal Whitefish Housing Authority is currently not required to submit an AFH. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal Whitefish Housing Authority is currently not required to submit an AFH. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal Whitefish Housing Authority is currently not required to submit an AFH. Page 7 of 9 form HUD-50075-5Y (03/31/2024)  Instructions for Preparation of Form HUD-50075-5Y - 5-Year PHA Plan for All PHAs A. PHA Information. All PHAs must complete this section. (24 CFR § 903.4) A.1 Include the full PHA Name, PHA Code, PHA Fiscal Year Beginning (MM/YYYY), Five-Year Period that the Plan covers, i.e. 2019-2023, PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. B. Plan Elements. B.1 Mission. State the PHA’s mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA’s jurisdiction for the next five years. (24 CFR § 903.6(a)(1)) B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very low- income, and extremely low- income families for the next five years. (24 CFR § 903.6(b)(1)) B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5- Year Plan. (24 CFR § 903.6(b)(2)) B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. (24 CFR § 903.6(a)(3)). C. Other Document and/or Certification Requirements. C.1 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the ‘Sample PHA Plan Amendment’ found in Notice PIH-2012-32, REV 2. C.2 Resident Advisory Board (RAB) comments. (a) Did the public or RAB have comments? (b) If yes, submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR § 903.17(b), 24 CFR § 903.19) C.3 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.4 Required Submission for HUD FO Review. Challenged Elements. (a) Did the public challenge any elements of the Plan? (b) If yes, include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. D. Affirmatively Furthering Fair Housing. (Non-qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete this section.) D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary. Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D.; nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document. This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year PHA Plan. The 5-Year PHA Plan provides the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan. Public reporting burden for this information collection is estimated to average 1.64 hours per year per response or 8.2 hours per response every five years, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Page 8 of 9 form HUD-50075-5Y (03/31/2024) Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. Page 9 of 9 form HUD-50075-5Y (03/31/2024)  - 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