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A. Application: An applicant must submit a proposed housing mitigation plan with the applicant's first application for development approval where incentives are requested or as part of PUD where a density bonus is requested.
B. Requirements: The housing mitigation plan must describe how the applicant intends to comply with this chapter, and must contain the following information, as applicable:
1. Total number of market rate units and affordable units;
2. Square footage of the total development and each unit;
3. How the requirements of this chapter will be met, including unit types, sizes, number of bedrooms, target income category, and initial sales price or rental prices;
4. The incentives intended to be used for the development;
5. Location of the affordable units within the development by type and size and justification for clustering, if proposed;
6. Proposed construction schedule of market rate units and affordable units, including issuance of building permits;
7. Any proposed alternative methods of compliance;
8. Standardized deed restrictions provided by the City;
9. Homeowners' association structure and fees;
10. Site plan;
11. Unit designs;
12. Amenities; and
13. Any other information deemed necessary by the City.
C. Approval: The housing mitigation plan must be approved by the Zoning Administrator. Compliance with the housing mitigation plan will be a condition of approval for development.
D. Amendment:
1. Any substantive modification of or amendment to the housing mitigation plan requires a letter justifying and outlining the proposed changes as well as any alternative means of complying with the qualifications for incentives and is subject to the Zoning Administrator's approval. A denial of any proposed modifications may be appealed to the City Council. Substantive modification or amendment includes, but is not limited to, a reduction in the size of affordable units, a change in the timing or phasing of construction, and a change in the method of complying with the requirements of this chapter.
2. Minor modifications of or amendment to the housing mitigation plan may be approved by the Zoning Administrator upon written finding that the proposed modification or amendment is inconsequential to the development and to the achievement of the goals set forth in this chapter.
E. Failure To Comply: Failure to comply with the approved housing mitigation plan constitutes a failure to comply with the conditions of approval and may result in the revocation of the development approval. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)
A. An applicant for a conditional use permit for a development that will provide affordable units onsite or will satisfy the requirements of this chapter through an alternative means of compliance is entitled to receive the following incentives:
1. Twenty percent (20%) reduction in parking requirements for all units with at least two (2) bedrooms;
2. Five feet (5') increase in maximum building height, limited to three (3) stories maximum;
3. Ten percent (10%) increase in maximum lot coverage; and
4. Twenty percent (20%) increase in density.
B. An applicant for subdivision approval for a development that will provide affordable units onsite or will satisfy the requirements of this chapter through an alternative means of compliance is entitled to receive the following incentives:
1. Twenty percent (20%) reduction in minimum lot size;
2. Twenty percent (20%) increase in density;
3. Ten percent (10%) reduction in minimum lot width; and
4. Ten percent (10%) increase in maximum lot coverage.
C. An applicant for a planned unit development that will provide affordable units onsite or will satisfy the requirements of this chapter though an alternative means of compliance is entitled to receive either the incentives set forth in subsection A or B of this section, but not both. (Ord. 19-15, 7-15-2019)
A. Administrative Procedures: The City is authorized to develop, maintain and enforce the Whitefish Legacy Homes Program Administrative Procedures to implement this chapter.
B. Contents: The Whitefish Legacy Homes Program Administrative Procedures may include the following provisions:
1. Application submittal requirements to comply with this chapter, including minimum requirements for housing mitigation plans;
2. A housing mitigation plan template;
3. The method used to determine the initial sales price of affordable ownership units;
4. The method used to determine the maximum monthly rent charged for affordable rental units;
5. Minimum design requirements including the minimum residential square footages according to the number of bedrooms;
6. The method for determining fees associated with this chapter, including cash in lieu payments;
7. A methodology for evaluating property dedications as an alternative means of compliance; and
8. Any other matter deemed necessary by the City.
C. Adoption: The Whitefish Legacy Homes Program Administrative Procedures shall be adopted by resolution of the City Council and shall be amended from time to time as deemed necessary. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)