Planning board recommends WB-T in rezoning property on Highway 93 South

After much discussion at a meeting last week, the Whitefish Planning Board voted in favor of recommending the WB-T (Business Transitional District) zoning to an approximately 11-acre parcel of land at the corner of Highway 93 South and Montana 40.

Since the land was recently annexed in February 2023, it required city zoning in place of its current county zoning designation.

Part of the property was zoned B-4 (Secondary Business)

and some of it was SAG-5 (Suburban Agriculture), both with a highway overlay. City staff requested the designations be changed to WB-2 (Secondary Business) and WCR (Country Residential District), which is the closest equivalent city zoning.

At the March 16 meeting of the planning board, they chose to postpone a vote on this request so it could be considered for the new WB-T zone that went into effect on March 21.

The updated staff report for the most recent meeting included consideration for the WB-T as well as the WB-2.

Eric Payne, owner and developer of the property, said he had been told in all his communications with the city, from the time he purchased the property several years ago, that its city zoning would be WB-2 (Secondary Business District).

“I didn’t feel at any point that this was going to become an issue until we got to the last couple meetings with the council and with the planning board,” Payne said of the WB-T zone assignment.

He said that if he knew the WB-T district, with its limited number of uses, was going to be introduced, he and his partner, Dean Grommet, would have never annexed the property.

“What WB-T zoning would do is cripple this property,” he said, preparing to read from a list of land uses. “These would not be allowed to be applied for… under WB-T zoning. I’m just reading the ones that make no sense to me. Building supplies, entertainment uses, a farm and garden supply store… a grocery store, household appliances, a laundry or dry cleaner, can’t be there.”

Back in February, while crafting the WB-T district, the council carefully chose six permitted uses and a handful of other uses that require conditional use permits in an attempt to help with the city’s dire housing shortage.

At that time, Whitefish City Planner Dave Taylor described the WB-T as a residential zone that has some light commercial options. Higher-density residential options are a conditional use.

The list of permitted uses was eventually whittled down to ADUs, daycares, home occupations, public utility buildings, manufactured homes and single-family dwellings. Full conditional use permits (CUPs) are required for about 20 additional uses.

“It was the intent of council, when we extended our services, that we wanted to have more control over this area,” Planning Board Chairman Steve Qunell said. “The number of permitted uses in the WB-2 is too much to grant… at this corner, in this one place. It’s part of our corridor plan that there are certain things we don’t want to see in that corridor.”

The staff report says the WB-2 district is intended for retail sales and services that require large display or parking areas. Mixed-use and multi-family development is also appropriate and the WB-2 district depends on proximity to highways or arterial streets.

The WB-T district is for transitional business development including professional offices, medical facilities and residential uses. The goal is to have a mixed-use area at the Gateway to Whitefish that is appealing. The WB-T was designed for properties along Highway 93 just south of Highway 40. The zoning district also discourages high-traffic uses.

There is a portion of Payne’s property, a little over 1 acre, that lies south of Highway 93 and that is partially why the WB-T zone could be considered appropriate.

“If I would have known that this was going to become a technicality that could affect the entire potential of this parcel we would have simply carved that parcel off,” Payne said. “We would gladly still do that.”

City staff’s recommendation was that the Whitefish Planning Board recommend amending the zoning map to WB-2 and WCR. However, staff suggested three amendments in the event the board believed the WB-T district is more appropriate.

The board voted 4-1 in favor of recommending WB-T and WCR zoning to the property with the adopted findings of fact, with Board Member John Middleton in opposition.

Linda and Tom Iverson's property is nearly completely surrounded by the Payne’s property and they testified about an issue concerning an easement for Iverson Lane.

Whitefish Senior Planner Wendy Compton-Ring said this particular situation is something that will be addressed in the future because it doesn’t pertain to the current rezoning.

The Whitefish City Council is scheduled to hear this item on May 1.

THE PLANNING Board also recommended approval of a request for a conditional use permit (CUP) to operate a bar/tavern at 6185 Highway 93 South.

The building is zoned WB-2 (Secondary Business District) and the tavern will occupy an existing commercial building.

The application was to renew a conditional use permit that was previously approved in May of 2020 and had since expired. The only difference between now and then is that the property now has a newly-constructed car wash and coffee shop and a building ready for the bar/tavern.

According to the staff report, the applicant is proposing to transfer a Montana beer and wine license to the property. This type of license differs from a restaurant beer and wine license in that it does not have to be associated with a restaurant.

“What this would allow them to do would be to serve alcohol only and not have to serve it along with food,” said City Planner Nelson Loring.

The board voted unanimously to recommend approval to the Whitefish City Council who will hear the item at their regular meeting on May 1.