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Whitefish to unveil its yearlong zoning code rewrite

by Lynnette Hintze / Daily Inter Lake
| May 15, 2017 4:00 AM

Revisions to the Whitefish planned-unit development zoning code — the culmination of a yearlong review and rewrite — will be presented for public input during a Whitefish Planning Board work session this week.

The board meets at 6 p.m. Thursday, May 18, at the interim City Hall, 1005 Baker Ave. and will take public comment on the draft of proposed changes.

The code review began last year after concerns about the impact of density blending over planned-unit development overlays with multiple underlying zones were raised by several adjacent landowners during a new planned-unit development project proposed last year. Those concerns prompted the Whitefish City Council to look at potentially revising the ordinance.

The council placed a one-year moratorium on blending zoning within a planned-unit development (PUD) and appointed an ad-hoc committee to work with the city planning staff to revise the planned-unit development zoning code. Over the course of 30 meetings that committee has developed a draft of changes aimed at providing more protection for low-density residential areas that may be next door to zones allowing higher density. Committee members included planners, a landscape architect, Realtor, developer and the Whitefish Housing Authority.

“A PUD is a powerful developer’s tool that is often used for new subdivisions and other types of typically residential projects,” Whitefish Planning Director Dave Taylor said.

It’s an overlay zone that requires a detailed development plan, and it may allow some variation from the underlying zoning standards in exchange for providing increased public benefit such as affordable housing, public bike paths or additional open space, Taylor explained. The developer gets a little extra incentive, but in return must give some benefit back to the community that wouldn’t normally be required.

Don Spivey, the ad-hoc committee chairman, pointed out that citizens rely on existing zoning when they purchase land near undeveloped properties.

“They are often unaware of how a new PUD might affect them, especially with regard to increased residential density,” Spivey said. “We believe these proposed changes will better address that as they add more protection for low density residential areas that may be next door to zones that allow higher density development.”

Previously the chapter on planning-unit developments in the city zoning code offered only two types — residential and non-residential. The revised code offers four types: residential, commercial, industrial and mixed-use, and specifies in which zoning districts each type may be used. Residential PUDs would be relegated to overlay only residential zoning districts and could not be blended with commercial zones to increase density unless it qualifies as a mixed-use PUD.

Commercial uses, which previously were allowed up to 10 percent in all residential PUDs (15 percent if there is affordable housing), are now limited to PUDs of 5 acres or more.

The draft uses the example of a coffee shop or office that would be 10 percent of a large residential development as a limited commercial use in a residential development.

The committee compromised on the density issue and proposes setting the high-density residential and commercial dwelling-unit bonus to a standard 25 percent bonus, while leaving the lower-density residential bonus the same as it now is in the zoning code.

A draft ordinance and a summary report can be found at the City Planning Office website at www.cityofwhitefish.org/planning-and-building/planning-and-zoning.php. Written comments can be emailed to dtaylor@cityofwhitefish.org or call the Planning Office at 406-863-2410.

The formal public hearings on the zoning text amendment should go before the Planning Board in June and the City Council in July.

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