Planning board looks at zoning changes for short-term rentals

The Whitefish Planning Board will consider Thursday a zoning text amendment that would prohibit residential short-term rentals in the secondary business district.

Whitefish City Council recently requested the changes to the zoning code following approval of a 60-unit condominium project on U.S. Highway 93 South near the Mountain Mall pond. Questions were raised about the project, known as Eagle Lake, being used for vacation rentals.

To prohibit short-term rentals in the WB-2 secondary business district without affecting the ability to operate short-term rentals in the WB-3 general business district, the permitted uses in the general business district and several related definitions are proposed to be modified, Planning Director Dave Taylor notes in his staff report.

Modifications to the code include the definitions of hospitality and entertainment, hotel and residential short-term rental.

While the WB-2 does not allow residential units outside of a planned unit development, since the permitted uses for the zone lists “hotels, motels, and other hospitality and entertainment uses” short-term rentals could be allowed in existing dwelling units or with a new PUD.

Taylor said that while the change was originally to be included in the text amendments called for in the city’s Strategic Housing Plan, city staff opted to fast track the portion of the change due to a large increase in interest in this type of development.

Changes are proposed for the residential use language of the WB-3 to make it clear they are permitted in that zone, and changing certain definitions to allow them to be restricted in the WB-2.

The definition of “hospitality” is proposed to be amended making it clear that short-term rentals would not be allowed as a type of commercial “lodging” use. The definition of hotel would be changed to say that a hotel must be under single management and advertised as a hotel, and that short-term rental units do not qualify to be a hotel even if they have more than five units.

A full agenda is ahead for the Whitefish Planing Board this week.

The board will hold three other public hearings on Thursday, July 19 beginning at 6 p.m. at City Hall.

The Whitefish Hotel Group is seeking a request to amend the Whitefish zoning map amendment to convert a residential lot for parking. The request is to expand the paring lot for the Firebrand Hotel.

The lot is at 224 Kalispell Avenue and is currently empty. The Whitefish Hotel Group is proposing to change the zoning to WB-3 with special conditions, which is a blended zone that retains all the permitted uses of the existing WR-4 with the additional permitted use of hotel accessory parking.

The change would allow the Firebrand Hotel to add 16 additional off-street parking spaces. Plans show a 20-foot landscaped buffer along Kalispell Avenue and a 5-foot landscaped buffer along the southern boundary.

While Kalispell Avenue is generally a residential neighborhood, adding parking in this particular location has minimal impacts to adjacent residential uses as there is an existing church facility directly across Kalispell Avenue, planning staff notes in their report on the request. Staff is recommending approval with 12 conditions.

Also on the agenda, is a request by the 124 O’Brien Lot LLC for a conditional use permit to develop a mixed-use building with six residential units at 124 O’Brien Ave.

The proposal includes two commercial spaces on the ground floor and the residential units split between the second and third floors.

A conditional use permit is required for the project because the applicant is proposing a multi-family building in excess of four dwelling units.

Planning staff is recommending approval with 13 conditions.

Finally, the board will hear a request by 102.5 LLC to amend a condition of planned unit development to use a conditional use permit to develop a lot rather than a PUD as required in the current PUD on the property.

The property owner has not submitted any development plans for the Riverside Senior Living Center subdivision, but city staff recommended the change following recent updates to the city’s PUD regulations. The property is currently undeveloped at northwest corner of River Lakes Drive and River Lake Parkway.

Uses on the lot allowed would be any of those permitted in the underlying WR-4 district, and clubs, private and commercial recreational facilities, professional office, restaurants excluding a drive-in, retail sales and services, and any other uses for which justification can be derived on the basis that the use will be compatible with the neighborhood.

Planning staff says that the property has a vested right to develop as commercial, but the new PUD regulations only offered uncertainty for the developer. Using a conditional use permit continues to require a public process and a predictable development path for the property owner and the public and identifying the uses up front adds additional predictability.