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Public says more work needed on housing program

by Daniel McKay
Whitefish Pilot | March 26, 2019 2:48 PM

Whitefish’s Legacy Homes plan is getting there, but not quite finished, according to many of those making comments at the first public hearing on regulations that would implement the program.

The Whitefish Planning Board on March 19 held two public hearings concerning the program, which uses inclusionary zoning practices aimed at providing more affordable housing. The hearings totaled about three hours before the board voted to postpone a decision until next month’s meeting.

Nearly all of the comments made during public comment period for the zoning program were in favor of the program’s idea, but didn’t agree with specifics.

Mayre Flowers, representing CommUnity Consulting, called for more attention to prioritizing the character of existing Whitefish neighborhoods when building new housing, among other things.

“I think there’s a glaring absence in the purpose in the fact that there are no clear goals in this affordable housing program that call out the need to ensure that new developments respect the character, scale and quality of the surrounding neighborhoods and result in stronger livable and sustainable neighborhoods,” she said, noting that wording comes from the city’s Planned Unit Development standards.

Mark Buker said the program is important, but seemed hastily presented. Buker also disagreed with the need for incentives tailored for future developers.

“This seems to me like a little bit of a ‘hurry-hurry’ thing, and it shows in the wording of this,” he said. “It looks very much like it’s a wish list granted to the developer rather than what really needs to be done for the community. I don’t think there should be incentives. I don’t think we need to add incentives that infringe on the public.”

The Legacy Homes Program seeks to create permanently affordable housing in the city through inclusionary zoning, which is a housing tool that links the production of affordable housing to the production of market-rate housing.

The city is proposing under its program to require that 20 percent of all new residential development be set aside for affordable housing, while at the same time creating incentives for developers designed to offset the cost of creating such housing.

During public comment, Dev Warren offered critique from the eyes of a developer. Warren said he sees the need for housing, but doesn’t want to be penalized for his choice of profession.

“The target audience for this is the folks that were our parents,” he said. “I’m a developer, so I’m one of these bad people apparently that now is going to pay a penance for trying to improve the community. And believe it or not, we are trying to improve the community in what we are doing.”

Warren noted how his current project on 317 Central Avenue wouldn’t have been feasible with the zoning program.

In the case of that project, Warren claimed the inclusionary zoning program, if it had been enacted, would’ve cost him 10 percent of his gross revenue.

“Are all of you willing to commit every year to taking 10 percent of gross income, the check you get every week for your jobs, your retirement, whatever it may be, and write that check to the city for living here and for doing what you do in this town?” he said. “Because that’s what you’re asking me to do.”

Unlike those calling for tweaks and more time for the program’s details, Whitefish Chamber of Commerce Executive Director Kevin Gartland wanted to get the ball rolling sooner than later and make changes after some time has passed.

“Is this plan perfect? No, it’s not. But if we table it tonight and we work on it for another six months, we continue to do what we’ve been doing for the last year, which is to adapt and try to accept the input from the development community and the community in general and try to craft something for whitefish,” he said. “I believe staff and City Councilors and the steering committee and the public have done a good job of that. So I’d urge you to go ahead and move forward with this, if not tonight, then when you feel comfortable.”

The board voted unanimously to close the public comment period for the two agenda items related to the Legacy Homes program, but chose to postpone their decision until the April 18 meeting.

Members of the board had mixed feelings on pushing a decision back, but agreed that time was needed to evaluate public and written comments.

City Councilor and board member Richard Hildner said he hopes the board will be ready for a decision come the April meeting.

“I believe it is incumbent upon us to act. I think we have the information provided through the public hearing process and through the staff report to take a good, hard look at the information provided for us and be prepared to make a decision at the next meeting of the board,” he said. “I just don’t think we’re going to gain much by extending it for a long period of time.”

Board member Toby Scott agreed with some of the members of the public who argued for sending it back to committee for more review.

“My suggestion at this point would be to send all of the written comments and the verbal ones that were made to the Legacy Homes steering committee to have them take a listen to it and make some commentary on it so that we have some input from them in addition to the public to maybe try and revise this. I think that’s what I got from most of the people that were speaking, that everybody’s in favor but it needs some revisions,” he said.

The Legacy Homes Program would apply to residential conditional use permits, planned unit developments and subdivisions requiring such developments to provide affordable housing units. Residential units allowed by right would be exempt.

The goal is to create housing for those with incomes between 60 and 120 percent of area median income. The area median income for Flathead County for a two-person household is $53,4000, and is also referred to as 100 percent area median income. The industry standard for affordable housing is that it should not be more than 30 percent of the owner or renter’s annual income.

Currently the average price for a house sold in the 59937 ZIP code is $676,663, according to the city.

Based upon the city’s workforce housing needs assessment, the Legacy Homes Program calls for rental units to be affordable to households earning 60 to 80 percent of AMI, and residential ownerships units will be targeted for households earning 80 to 120 percent of AMI.

For example, rent for a two-bedroom unit in the program would cost $751 to $1,388 per month depending on income. For ownership units, the purchase price of a two-bedroom unit would be about $148,500 to $282,000 based upon income.

The Whitefish Housing Authority would certify applicants as qualifying for rental and ownership units.

Once the planning board makes a decision on the matter that recommendation will be forwarded to City Council for a public hearing and a vote.

To view documents related to the Legacy Homes Program, visit http://www.cityofwhitefish.org/boards-and-committees/whitefish-city-county-planning-board.php.