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Whitefish Community Housing Committee

Regular Meeting

Whitefish, MT · September 23, 2024

AgendaMinutes

Minutes

WHITEFISH COMMUNITY HOUSING COMMITTEE MEETING Monday, September 24, 2024 CITIY HALL-WHITEFISH CONFERENCE ROOM PRESENT: Board Members-Ben Davis, Annaka Egan, Rhonda Fitzgerald, Marissa Getts, Carolyn Pitman, Daniel Sidder Absent: Cameron Blake, Roxann Gallagher, Jeff Rapier Staff Members- Wendy Compton-Ring, Dana Smith, Dave Taylor 1. Call to Order by Ben Davis at 2:00pm 2. Communication from the Public. None 3. Approval of Minutes from August 26, 2024 meeting. Motion to approve made by Rhonda and seconded by Marissa. Motion passed unanimously. 4. Review documents to provide for work session with City Council to set priorities. Discussion focused on how best to get direction from the Council regarding priorities and how to continue to receive feedback from them during the course of the Committee’s work. We also need legal opinion and coordination of legal strategy as the Committee works on its prioritized actions. After lengthy discussion the Committee decided on the following prioritized actions to present at the Whitefish City Council Work Session: #1 Update Growth Policy – Advise on housing/land use (Spring 2025) #2 Zoning for Affordability Pre-Growth Policy Update: Lot size, setbacks, building height, parking, density, procedural improvements (rental and ownership opportunities). Prioritizing Legacy Homes Program review of incentives for smaller projects (ownership units). Recommended zoning changes will include preferred timeline for implementation either prior to or with the Growth Policy zoning updates. #3 Zoning for Affordability with Growth Policy Zoning Implementation: Lot area, setbacks, building height, parking, increased density (rental and ownership opportunities). #4 Incentives for Community Housing #5 Community Housing Development Plan/Pipeline of Land Partnership Opportunities/Next Tier Projects (rental and ownership units) List of Other Zoning for Affordability Ideas: *Consolidate residential zoning districts with more consistent standards – Growth Policy Suburban Residential/1-acre lot minimums *R-O-W Requirements for infill projects – 60 ft. is sometimes too big *Process/Procedure: Deed restriction permits at top, phased final plat, anything done to reduce carrying costs (items allowed under subdivision agreements – (City/Federal Grants) The Staff will reach out to architects and designers regarding zoning for affordability changes, giving them a list of proposed considerations and seeking feedback and their ideas on others items not considered. 5. Legacy Homes Program Updates for Small Projects/Ownership Units: Committee is encouraged to become familiar with the Legacy Homes Program which is in September’s meeting packet. 6. Next Committee meeting is Tuesday, October 22, 2024 from 2:00-4:00pm. 7. Meeting adjourned by Ben Davis at 4:00pm. Respectfully Submitted, Carolyn Pitman, Secretary

Agenda

WHITEFISH COMMUNITY HOUSING COMMITTEE AGENDA Monday, September 23, 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 August 26th meeting 4. Review documents to provide for work session with City Council to set priorities 5. Zoning for Affordability a. Review committee direction for potential zoning changes under SB382 housing strategies and consider prioritization 6. Legacy Homes Program Updates for Small Projects/Ownership Units a. Review current applicability and incentives 7. Community Housing Development Plan/Pipeline of Land Partnership 8. Communications from staff and partner agencies 9. Other items not on the agenda 10. Next committee meeting scheduled for: a. October 28th 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 Monday, August 26, 2024 CITIY HALL-WHITEFISH CONFERENCE ROOM PRESENT: Board Members-Cameron Blake, Annaka Egan, Rhonda Fitzgerald, Marissa Getts (ZOOM), Carolyn Pitman, Daniel Sidder Absent: Ben Davis, Roxann Gallagher, Jeff Rapier Staff Members- Wendy Compton-Ring, Dana Smith, Alan Tiefenbach, Dave Taylor 1. Call to Order by Cameron Blake at 2:00pm 2. Communication from the Public. None 3. Approval of Minutes from July 22, 2024 meeting. Motion to approve made by Rhonda and seconded by Daniel. Motion passed unanimously. 4. Work Session with City Council to set priorities. The session will be held November 4, 2024 at 5:30pm. During the ensuing discussion the committee decided that it would be helpful if it made frequent updates to the council to keep their attention on our work. Committee members could take turns attending the work sessions. Also discussed was whether it was beneficial to present our housing priorities to Council or to receive our direction from them. No resolution was reached 5. Zoning for Affordability: a. Discuss and identify potential zoning changes to recommend prior to, or for inclusion in, the Growth Policy Update The Montana Land Use Planning Act requires municipalities to incorporate a minimum of five strategies in a majority of the area where residential development is permitted. Alan stated that Housing in the Community Plan Update would not be addressed until spring. He reiterated that Whitefish has the housing stock to house its citizens but it is just not affordable to most. The committee went through the strategies to determine which were already in Whitefish zoning and which ones needed to be pursued. It was noted that Whitefish already meets the five strategy minimum. 1. Permit duplexes where SFR is permitted: Already in our residential zoning districts. Committee considered that a separate line was needed for townhouses and rowhouses. 2. Zone for higher density housing near appropriate population center: Multi-family mixed use is now permitted in all commercial zones 3. Eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit: Whitefish has reduced but not eliminated its parking requirements. Committee felt this should be pursued and tie requirements to specific usage areas. 4. Eliminate impact fees for ADU’s or development that include multi-unit dwellings or reduce fee by at least 25%: Whitefish has no impact fees for ADU’s only. Other fee reduction would need to be funded through other sources by the City Council. Time delay for impact fees for affordable housing was one suggestion. Or, all deed restricted housing could have impact fees eliminated. 5. Permit ADU on lot with an SFR: Whitefish permits ADUs in all residential zoning districts. 6. Permit triplex or fourplex where a SFR is permitted: Not in Whitefish zoning. Committee stated this is a housing strategy to pursue and decide where higher/additional density is appropriate. 7. Allow for single room occupancy developments: Not in Whitefish zoning. It could be part of the Community Plan Update. Committee members discussed the idea of cooperative living and working with employers for this type of housing. 8. Eliminate minimum lot sizes or reduce the existing minimum lot sizes by at least 25%: Committee members felt this was a strategy to pursue and it would be part of the Community Plan Update. Tiny homes were mentioned as possible with smaller lot sizes. 9. Eliminate aesthetic requirements for multi-unit dwellings or mixed use developments or remove at least half of these requirements: No Architectural Review is required for duplexes. Whitefish has a simplified list for 2 and 3 unit residential buildings. Some committee members were reluctant to see the city remove all architectural review from mixed use and multi-unit developments. 10. Provide for zoning that specifically allows or encourages the development of tiny houses: The Committee felt this should be pursued under lot size reduction. Whitefish regulations were amended to add tiny houses to the definition of manufactured housing which is permitted in all residential zones. 11. Eliminate setback requirements or reduce setback requirements by at least 25%. 12. Increase building height limits for dwellings by at least 25%: Whitefish has used this as incentive for affordability. Committee would pursue this while considering the neighborhood where four stories would be appropriate. 13. Allow multi-unit dwellings or mixed use development as a permitted use on all lots where office, retail, or commercial are the primary uses: Multi-family (5 unites or more) and mixed use is now permitted in all commercial zones. 14. Allow multi-units dwellings as a permitted use on all lots where triplexes and fourplexes are permitted uses: Committee would pursue this strategy. b. Governor’s Housing Task Force-Final Report: Dana covered the high points of the report which is available to read in its entirety. Daniel is a member of the Montana Housing Coalition and they favored several of the recommendations made by the Housing Task Force, among them the Montana Housing Tax Program, the tax credit program and Coal Trust flexible funding. 6. Communication from staff and partner agencies: Dana reported that they had received helpful feedback from HUD regarding a failed application. Daniel reported on the Workforce Assistance applications: 37 are in the program and 20-25 are expected to be funded in the upcoming round. 7. Next Committee meeting is September 23, 2024 from 2:00-4:00pm. 8. Meeting adjourned by Cameron at 4:00pm. Respectfully Submitted, Carolyn Pitman, Secretary Short Term Mid‐term 2‐ Long‐term Plan Approved by Council: 11/30/2022 Lead Role Support Role 1‐Year 5 Years 5+ Years Core Components 1. Complete Roadmap Administration and Establish Partnership Framework City HW X 2. Increase Community Housing Staff Capacity X City of Whitefish (City): 3 Positions (housing coordinator, long range planner, short term X rental enforcement), Update Steering Committee structure City X Whitefish Housing Authority (WHA): 1 (unit management, programs, grants/funding) WHA City (funding support) X Housing Whitefish (HW): (Executive Director) HW WCVB, WF Community Foundation (funding support) 3. Evolve City's Strategic Housing Plan Steering Committee and Contract with WHA City X 4. Implement Communications and Outreach Plan City WCVB, Shelter WF X X X Strategies 1. Activate Public/Private Development Priority Action 1. Create Community Housing Development Plan City Housing Whitefish. other partners, landowners X X Priority Action 2. Public/Private Institutional Development Partnerships X X X Snow Lot (Depot Park Townhomes) WHA City, HW X X Trailview Developer City, HW X X Alpenglow II HW HW, City X X Priority Action 3. Create pipeline of land partnership opportunities/next tier projects City, HW Varies X X X 2. Secure Funding for Community Housing X Priority Action 1. Create a Community Housing Financing Plan City Community Foundation, local banks, others TBD Priority Action 2. Taxes dedicated to Community Housing X X Annual Mill Levy Allocation City X X X Resort Tax for Housing City HW, Shelter WF, marketing/lobby partners X X Priority Action 3. Federal and State Grants/Loans HW, WHA City X WF Community X X Priority Action 4. Private Donations/Philanthropy Foundation HW, Shelter WF, School District/Ed Foundation Whitefish Chamber, NW X X Priority Action 5. Voluntary Funds MT Realtors Assoc. HW, Shelter WF Local banks, WF X Priority Action 6. Debt Financing with Favorable Terms Community Foundation HW, Developers 3. Implment Policies to Support Community Housing Priority Action 1. Update Growth Policy City Multiple X X Priority Action 2. Short‐term Rental Regulations City Property Managers, Realtors X X Priority Action 3. Annexation Policy City County X X Priority Action 4. Incentives for Community Housing City WHA, HW, Developers, Shelter WF X Priority Action 5. Zoning for Affordability/Flexible Forms City WHA, HW, Developers X Priority Action 6. No Net Loss/Preservation Regulations City WHA, Community Land Trust X Priority Action 7. Deed Restriction "light" City, WHA Developers X Priority Action 8. Legislative Lobby Group Shelter WF WF Chamber X 4. Expand Housing Programs Priority Action 1. Short‐term Rental/Second Home Conversion City, WHA WF Chamber, Property managers X Priority Action 2. Homebuyer Assistance WHA WF Community Foundation, HW X Priority Action 3. Acquisition of Deed restriction on Market Units WHA City X Priority Action 4. Tenant Rent Assistance/Protections/Education WHA Shelter WF X X Priority Action 5. Employer Assisted Housing/Partnerships WF Chamber HW, WHA, WCVB, Employers X Identified to be completed in this timeframe: In Progress: Complete: X Whitefish City Council Work Session Priority Actions Policies: • Update Growth Policy – advise on housing/land use • No net loss/preservation Regulations: • Lot area, setbacks, building height, parking, increased density (rental and ownership opportunity) – implemented prior to or with Growth Policy zoning updates? • Annexation – anything that could still be pursued? • Incentives for Community Housing, including Legacy Homes Project review to incentives smaller projects and more ownership units Finance/Funding: • Impact fee waiver/reimbursement for deed restriction, incentives for small projects • Community Housing Finance Plan Administrative/Planning: • Communications and Outreach • Community Housing Development Plan/Pipeline of land partnership opportunities/next tier projects Updated from August Meeting Montana Land Use Planning Act (aka Senate Bill 382) requires municipalities planning under the MLUPA to incorporate a minimum of five (5) strategies in a majority of the area where residential development is permitted CHC to Pursue: Housing Strategy: In WF Notes: Updated from August Meeting Zoning: Permit duplexes where SFR is permitted Amended in 2023 as part of SB 323 in all residential zoning districts Zone for higher density housing near transit stations, places of SB 245 – multi-family (5-units or more) and employment, higher education and other appropriate populations mixed use is now permitted in all commercial centers, as determined by the local gov’t zones. Also, this is what the Community will be discussing with the update of the WF Community Plan in 2025. Currently the City is working on the update of the water and sewer master plans. Committee further look into and tie to specific uses Eliminate or reduce off-street parking requirements to require no more Parking was reduced as part of SB 245 to 1 than one parking space per dwelling unit space per unit and the guest parking portion Reduced was also eliminated as part of this - not amendment now requiring 2 spaces per 2- eliminated bedroom unit versus 2.33 spaces per 2- bedroom unit Committee further look into eliminating/waiving impact fees for deed Eliminate impact fees for ADUs or development that include multi-unit SB 528 required ADUs as an accessory use restricted units; may need to find another source of funds to cover these dwellings or reduce the fee by at least 25% to SFR and prohibited charging impact fees costs For ADUs – went into effect Jan. 2024; any other fee only reduction would need to be funded through other sources as budgeted by the City Council Permit ADU on lot with an SFR SB 528 in all residential zoning districts Committee further look into this idea; possibly as townhouses versus a Permit triplex or fourplex where a SFR is permitted Could be part of the update of the WF rental project; determine where this might be appropriate Community Plan and deciding where higher/additional density is appropriate. Committee look into further; update definitions; coordinate with Allow for single-room occupancy developments Could be part of the update of the WF employers; analyze cooperative housing Community Plan and subsequent zoning update deciding where higher/additional density is appropriate. Committee further look into this idea; some version in certain areas; Eliminate minimum lot sizes or reduce the existing minimum lot sizes by Could be part of the update of the WF opportunity for tiny homes on smaller lots at least 25% Community Plan and deciding where higher/additional density is appropriate. 1|Pa g e Updated from August Meeting CHC to Pursue: Housing Strategy: In WF Notes: Updated from August Meeting Zoning: Eliminate aesthetic material, shape, bulk, size, floor area and other No ARC required for duplexes under SB massing requirements for multi-unit dwellings or mixed-use development 323; several years ago made a simplified or remove at least half of those requirements checklist for 2- and 3-unit residential buildings Provide for zoning that specifically allows or encourages the Amended the regulations to add tiny housing development of tiny houses to the definition of manufactured housing which is permitted in all residential zones Committee further look into this idea; some version in certain areas; Eliminate setback requirements or reduce setback requirements by at Could be part of the update of the WF opportunity for tiny homes? least 25% Community Plan and deciding where higher/additional density is appropriate. Committee further look into this idea; look at places where 4-stories Increase building height limits for dwellings by at least 25% 5-foot building height increase is an might be appropriate incentive for affordable housing (14.3% Partially increase); this has been highly successful in as an obtaining affordable housing incentive for affordable housing Allow multi-unit dwellings or mixed-use development as a permitted use SB 245 – multi-family (5-units or more) and on all lots where office, retail or commercial are primary permitted uses mixed use is now permitted in all commercial zones Committee further look into this idea Allow multi-units dwellings as a permitted use on all lots where triplexes Could be part of the update of the WF and fourplexes are permitted uses Community Plan and deciding where higher/additional density is appropriate. OTHER IDEAS: • Townhomes in SFR zoning 2|Pa g e CHAPTER 1A WHITEFISH LEGACY HOMES PROGRAM SECTION: 11-1A-1: Purpose 11-1A-2: General Affordable Housing Requirements 11-1A-3: Development Standards 11-1A-4: Alternative Ways To Qualify For Incentives 11-1A-5: Housing Mitigation Plan 11-1A-6: Incentives 11-1A-7: Administration 11-1A-1: PURPOSE: The purposes of this chapter are to: A. Implement the Whitefish Strategic Housing Plan; B. Promote and provide incentives for the construction of legacy homes that are permanently affordable to the community's workforce; C. Retain opportunities for people that work in the City to also live in the City; D. Provide a full-range of housing choices for a variety of ages, income levels and family sizes; E. Ensure residents and future generations can afford to reside within the City; and F. Encourage new development to achieve a reasonable balance between market rate housing and affordable housing through the use of incentives and other means to help offset potential costs. (Ord. 19-15, 7-15-2019; amd. Ord. 21- 11, 8- 16-2021) 11-1A-2: GENERAL AFFORDABLE HOUSING REQUIREMENTS: A. Applicability: The requirements of this Chapter and incentives found in section 11-1A-7 apply to the following types of developments that voluntarily include permanently affordable Legacy Homes units or alternatives: 1. Major subdivisions (subsection 12-3-3A of this Code); 2. Minor subdivisions (subsection 12-3-3B of this Code); 3. Residential planned unit developments (subsection 11-2S-2A of this title); 4. Mixed use planned unit developments with more than one residential unit (subsection11-2S-2B of this title); and 5. Two-family or multi family residential developments. B. Number Of Affordable Units: To qualify for the incentives, at least ten percent (10%) of all new dwelling units in a residential or mixed-use development must be permanently deed restricted as affordable units or a qualifying alternative per subsection 11-1A-4 is provided. If application of the ten percent (10%) requirement results in a fractional unit, an in-lieu fee may be paid for the fractional unit or rounded up to the next full unit. C. Deed Restrictions: To ensure long-term affordability, all affordable units will be subject to deed restrictions. D. Affordability: To qualify for incentives, affordable units must be provided for a range of household sizes and incomes relative to the area median income, as updated annually by the United States Department of Housing and Urban Development. 1. Rental Units: The following requirements apply to affordable rental units: a. Rents charged must be affordable to households earning sixty percent (60%) to eighty percent (80%) of the area median income. b. For each income range, the maximum monthly rent charged shall be calculated as set forth in the Whitefish Legacy Homes Program Administrative Procedures. c. The affordable rental units must be dispersed throughout the sixty percent (60%) to eighty percent (80%) range proportionately such that the average of all units is affordable to households earning seventy percent (70%) of area median income. 2. Ownership Units: The following requirements shall apply to affordable ownership units: a. Ownership units must be affordable to households earning 80.01 percent to one hundred twenty percent (120%) of the area median income. b. The initial sales price of affordable ownership units shall be calculated as set forth in the Whitefish Legacy Homes Program Administrative Procedures. c. The affordable ownership units must be dispersed throughout the 80.01 percent to one hundred twenty percent (120%) range proportionately such that the average of all units is affordable to households earning one hundred percent (100%) of area median income. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021) 11-1A-3: DEVELOPMENT STANDARDS: A. Relationship Of Affordable Units To Market Rate Units: 1. Mixed Dwelling Unit Types: In developments with a mixture of housing types, including, without limitation, single- family detached units, townhomes, duplex, and triplex, the affordable units must be comprised of the different housing types in the same proportion as the market rate units. 2. Detached Dwelling Units: In developments containing only single-family detached units, up to one-half 1 ( /2) of the affordable units may be attached single-family units (duplex, triplex, townhouse). 3. Subdivision Only: In developments that involve only the subdivision of land, the affordable unit types must be consistent with the needs identified at the time of approval. Unless an alternative means of compliance is proposed as set forth in section 11-1A-4 of this chapter, the applicant must provide a financial guarantee as set forth in the Whitefish Legacy Homes Program Administrative Procedures that will be released upon issuance of the certificate of occupancy for that affordable unit. 4. Ownership Type: The proportion of affordable ownership units and affordable rental units must be the same as that of the market rate units. 5. Number Of Bedrooms: Affordable units must have the same proportion of studio, one-, two-, and three-bedroom dwelling units as in the market rate units, provided the proportion is responsive to the needs identified at the time of approval. Three-bedroom affordable units satisfy this requirement for market units with four (4) or more bedrooms. B. Quality, Size And Amenities Of Affordable Units: 1. Quality Of Units: The exterior of affordable units must be constructed with similar quality, design and materials to the market rate units and must be architecturally compatible with surrounding development. Storage space, balconies, decks, and private yards similar to market rate units must be provided. 2. Size Of Units: The sizes of affordable units may vary but the minimum square footage and the minimum average square footage must comply with the standards set forth in the Whitefish Legacy Homes Program Administrative Procedures. 3. Access To Amenities: When affordable units are provided onsite, the owners and renters of the affordable units must have access to amenities equal to that of the owners and renters of the market rate units. Such amenities include, but are not limited to, parks, outdoor play areas, pools, exercise facilities, clubhouses and similar on-site amenities. C. Location And Timing: 1. Location Of Affordable Units: Affordable units must be distributed evenly throughout the development to achieve integration and avoid concentration or segregation of the affordable households. 2. Timing Of Construction: The construction of onsite affordable units must be timed such that the units shall be constructed and pass final inspection concurrently or prior to the market rate units in the development. When construction is phased, affordable units must be constructed and offered for sale in proportion to market rate units. 3. Timing Of Marketing: Onsite affordable units must be marketed concurrently with or prior to the market rate units in the development. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021) 11-1A-4: ALTERNATIVE WAYS TO QUALIFY FOR INCENTIVES: A. The City will consider alternatives to constructing affordable units onsite, especially in, but not limited to, situations where any of the following occur: 1. High levels of property tax; 2. High homeowner's association dues; 3. A predominance of short-term rentals; 4. Onsite development consisting of condominiums; and 5. Location far from schools, transit, or shopping. B. Approval: Proposed alternative means of qualifying for the incentives must be incorporated into a housing mitigation plan and approved by the Zoning Administrator. C. Offsite Housing: 1. The construction of affordable units by the applicant or the applicant's partner offsite may be an alternative means of qualifying for incentives if the applicant can demonstrate that: a. There is adequate existing infrastructure to support the affordable units in the proposed location; b. Public facilities can serve the proposed offsite affordable units or the commitment to provide such service has been confirmed; c. The property where the affordable units are proposed to be located is suitable for residential use and development; and d. The proposed alternative provides a similar public benefit as if the affordable units were constructed within the development. 2. Unit size, quality, design and timing of construction of the offsite affordable units must be set forth in the approved housing mitigation plan. 3. Purchasing existing offsite market rate units and deed restricting them as affordable units is permitted. D. In Lieu Fees: 1. Fees in lieu of affordable units may be an alternative means of compliance if the applicant can demonstrate that: a. The proposed cash payment creates funds that will further the goals of this chapter; and b. The proposed cash payment provides a similar overall public benefit. 2. Fees in lieu of affordable units are assessed based on the percentage of on-site units required to qualify for incentives by this chapter and are calculated by applying the methodology set forth in the Whitefish Legacy Homes Program Administrative Procedures. E. Land In Lieu: Land in lieu may be an alternative means of qualifying for incentives if the applicant is not constructing residences and can demonstrate that: 1. The appraised value of property to be dedicated is equal to or greater than the fee in lieu of affordable units that would have been provided; 2. The property to be dedicated will further the goals of this chapter; and 3. The property to be dedicated provides a similar overall public benefit as if the affordable units were constructed within the development. F. Clustering: Clustering on a development site may be approved if the applicant can demonstrate clustering would enhance the neighborhood, would provide convenient access to trails, public transportation, or employment, or would otherwise exceed the requirements set forth in this chapter. G. Other Alternatives: A combination of the above alternative means of compliance or other alternatives may be approved if the applicant can demonstrate the proposed means of qualifying for incentives would provide a similar overall public benefit as if the affordable units were constructed within the development. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021) 11-1A-5: HOUSING MITIGATION PLAN: A. Application: An applicant must submit a proposed housing mitigation plan with the applicant's first application for development approval where incentives are requested or as part of PUD where a density bonus is requested. B. Requirements: The housing mitigation plan must describe how the applicant intends to comply with this chapter, and must contain the following information, as applicable: 1. Total number of market rate units and affordable units; 2. Square footage of the total development and each unit; 3. How the requirements of this chapter will be met, including unit types, sizes, number of bedrooms, target income category, and initial sales price or rental prices; 4. The incentives intended to be used for the development; 5. Location of the affordable units within the development by type and size and justification for clustering, if proposed; 6. Proposed construction schedule of market rate units and affordable units, including issuance of building permits; 7. Any proposed alternative methods of compliance; 8. Standardized deed restrictions provided by the City; 9. Homeowners' association structure and fees; 10. Site plan; 11. Unit designs; 12. Amenities; and 13. Any other information deemed necessary by the City. C. Approval: The housing mitigation plan must be approved by the Zoning Administrator. Compliance with the housing mitigation plan will be a condition of approval for development. D. Amendment: 1. Any substantive modification of or amendment to the housing mitigation plan requires a letter justifying and outlining the proposed changes as well as any alternative means of complying with the qualifications for incentives and is subject to the Zoning Administrator's approval. A denial of any proposed modifications may be appealed to the City Council. Substantive modification or amendment includes, but is not limited to, a reduction in the size of affordable units, a change in the timing or phasing of construction, and a change in the method of complying with the requirements of this chapter. 2. Minor modifications of or amendment to the housing mitigation plan may be approved by the Zoning Administrator upon written finding that the proposed modification or amendment is inconsequential to the development and to the achievement of the goals set forth in this chapter. E. Failure To Comply: Failure to comply with the approved housing mitigation plan constitutes a failure to comply with the conditions of approval and may result in the revocation of the development approval. (Ord. 19-15, 7-15-2019; amd. Ord. 21- 11, 8-16-2021) 11-1A-6: INCENTIVES: A. An applicant for a conditional use permit for a development that will provide affordable units onsite or will satisfy the requirements of this chapter through an alternative means of compliance is entitled to receive the following incentives: 1. Twenty percent (20%) reduction in parking requirements for all units with at least two (2) bedrooms; 2. Five feet (5') increase in maximum building height, limited to three (3) stories maximum; 3. Ten percent (10%) increase in maximum lot coverage; and 4. Twenty percent (20%) increase in density. B. An applicant for subdivision approval for a development that will provide affordable units onsite or will satisfy the requirements of this chapter through an alternative means of compliance is entitled to receive the following incentives: 1. Twenty percent (20%) reduction in minimum lot size; 2. Twenty percent (20%) increase in density; 3. Ten percent (10%) reduction in minimum lot width; and 4. Ten percent (10%) increase in maximum lot coverage. C. An applicant for a planned unit development that will provide affordable units onsite or will satisfy the requirements of this chapter though an alternative means of compliance is entitled to receive either the incentives set forth in subsection A or B of this section, but not both. (Ord. 19-15, 7-15-2019) 11-1A-7: ADMINISTRATION: A. Administrative Procedures: The City is authorized to develop, maintain and enforce the Whitefish Legacy Homes Program Administrative Procedures to implement this chapter. B. Contents: The Whitefish Legacy Homes Program Administrative Procedures may include the following provisions: 1. Application submittal requirements to comply with this chapter, including minimum requirements for housing mitigation plans; 2. A housing mitigation plan template; 3. The method used to determine the initial sales price of affordable ownership units; 4. The method used to determine the maximum monthly rent charged for affordable rental units; 5. Minimum design requirements including the minimum residential square footages according to the number of bedrooms; 6. The method for determining fees associated with this chapter, including cash in lieu payments; 7. A methodology for evaluating property dedications as an alternative means of compliance; and 8. Any other matter deemed necessary by the City. C. Adoption: The Whitefish Legacy Homes Program Administrative Procedures shall be adopted by resolution of the City Council and shall be amended from time to time as deemed necessary. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16- 2021)

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