Whitefish considers changes for zoning overlays

Whitefish is ready to unveil the rewrite of the city’s zoning code for planned-unit development overlays, and will do so during a public hearing Thursday before the Whitefish Planning Board.

The proposal aims to clarify the maximum average density where a planned-unit development overlays more than one underlying zone.

In February 2016 the City Council placed a moratorium on blending density across differing zoning districts using a planned-unit development. That moratorium expires Aug. 15.

A committee was appointed to look at how the blending of densities between commercial and low-density residential zones could be better addressed.

A planned-unit development is a zoning district overlay that enables a developer to alter lot size or building height standards in exchange for community benefits such as affordable housing, trails or greater environmental protections, Whitefish Planning Director Dave Taylor said in his staff report.

Two years ago a subdivision proposal using the PUD tool was contested by neighbors because the project encompassed multiple zoning districts and proposed to blend higher density across into lower-density portions of the project.

An early draft of the PUD rewrite was presented to the development community in January, which included private planners, a landscape architect, a Realtor, developer and the Whitefish Housing Authority. According to Taylor, there were concerns about the new draft being less flexible, with fewer incentives to use a PUD over a standard subdivision.

The committee tweaked the rewrite and held a joint work session with the Planning Board in May to get further feedback.

In June the committee presented the rewrite to the City Council during a work session for additional feedback and more modifications were made.

A key component of the rewrite is how and why PUDs can be used. Currently Whitefish zoning code offers only two types of planned-unit development overlays: residential and non-residential. The committee recommends four types: residential, commercial, industrial and mixed use.

For residential planned-unit developments, the committee recommends they be relegated to overlay only residential zoning districts and cannot be blended with commercial zones to increase their allowed density, unless the project qualifies as a mixed-use PUD. Commercial uses, which previously were allowed up to 10 percent of a residential PUD, would be limited to PUDs of 10 acres or more and the percentage would be reduced to 5 percent, according to the staff report.

“As an example of a limited commercial use in a residential development, a small coffee shop or some offices might be permitted on land up to 5 percent of a large residential development,” Taylor explained in his report.

There was concern within the committee that current planned-unit development regulations allow too high of densities in residential areas with the affordable housing bonus, though some committee members felt reducing the density bonus removes incentives to use a PUD or provide affordable housing, the staff report noted.

The committee compromised by setting the high density and commercial dwelling unit bonus to a standard 25 percent bonus, while leaving the lower density residential zone bonuses the same as they are now.

Open-space requirements also are revamped in the proposed zoning-code changes. Currently, PUDs are required to provide 30 percent open space, and such space can include rivers, lakes, public parks and grounds around public buildings. A majority of the committee felt the open space provided by a PUD needs to be available to all residents, not just the private residents of a development.

Language was added to set a minimum on the width of a landscaped “green strip” next to buildings, parking lots or roads. Also, the amount of “critical area” where development would otherwise be limited or restricted due to required buffers that can count as open space was reduced to 50 percent. Previously, 100 percent of the critical areas were allowed to included in the 30 percent open-space requirement.

Members of the planned unit development code re-write committee include Don Spivey, chairman; Dave Hunt, vice chairman; Robert Horne, Mayre Flowers, Dave Taylor and Frank Sweeney.

The Planning Board meets at 6 p.m. Thursday at Whitefish City Hall, 418 E. Second St.

Features editor Lynnette Hintze may be reached at 758-4421 or lhintze@dailyinterlake.com.