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Staff outlines MLUPA-driven zoning and subdivision changes; residents warn of short review window and safety/character risks
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Summary
Planning staff presented WZTA26-01 and WSUB26-01 to align Whitefish code with the Montana Land Use Planning Act, including moving some conditional uses to permitted status and changes to subdivision notice and review; residents raised concerns about reduced ADU setbacks, 60-foot building allowances, and limited time to review 108 pages of material.
Planning staff summarized two interrelated draft amendments — WZTA26-01 (zoning amendments) and WSUB26-01 (subdivision amendments) — intended to bring Whitefish code into compliance with the Montana Land Use Planning Act (MLUPA) and to enable certain housing strategies.
Dave Taylor, presenting the staff report, said the work is phase one of a larger rewrite and focuses on code changes MLUPA requires. He said the city "already adopted six" of the housing strategies MLUPA required and that this update primarily moves some uses from conditional to permitted (with exceptions, such as marijuana facilities and guest houses), adds development standards for gas stations, hotels and churches, and updates parking rules to reflect House Bill 492.
Taylor described a measured allowance for 60-foot buildings in commercial and industrial zones for "entirely multifamily residential buildings used for residential purposes," which his office interprets to mean long-term rentals of 30 days or more; he said short-term rentals would not qualify as residential for the taller-building allowance. He also noted fixes to setback inconsistencies for properties that annex from Flathead County and changes to the appeals, variance and conditional-use processes in order to meet state law.
On subdivision changes, staff said prior distinct plat types are being consolidated to preliminary and final plats, the completeness review window is shifting from 5 days to 20 business days, preliminary plats will be valid for five years instead of three, and a temporary noticing regime remains in place through June 30, 2027 (after which notice is required only for projects with new or significant impacts).
Residents objected to the speed and scope of the draft. "This has been in quite a time crunch, six days to digest a 108 pages," said John Heberling of Citizens for Bitter Flathead, and he urged stronger alignment between place-type descriptions in the growth plan and zoning. Richard Dillner warned about fire risk, saying the draft reduces side-yard setbacks for accessory structures from 10 feet to 5 feet and that "anything less than 10 feet is consequential in terms of fire spreading" between structures. Rhonda Fitzgerald urged that several uses be returned to conditional status in WR4 areas that overlap newly designated Heritage Urban Neighborhoods, citing historic resources along Spokane Avenue and the risk of incompatible development before the fall rezoning phase.
Commissioners asked staff to provide clearer text and to be prepared to accept line-by-line comments at the May 5 meeting; staff said the commission packet and meeting video link would be posted to help residents review the materials before the follow-up meeting.
The commission left public comment open and will meet again May 5 at 6 p.m. to consider detailed amendments and make a formal recommendation to city council for its May 18 initial review.
