Development Applications

PROJECT DESCRIPTION:

An application is under review for rezoning of property located at 715 & 725 W. Central Ave. The property is located on the block west of Washington Middle School and across the street from Southside Lions Park. The request is to rezone two parcels from RM1-35 Residential (multi-dwelling) to B2-2 Community Business. City Council will either approve or deny the rezoning request. The requested zoning district is a standard zoning districts that applies equally to other areas of the city with the same zoning. City Council cannot subject the rezoning approval to conditions because State Law prohibits conditions to standard zoning districts.

Currently zoned RM1-35, the buildings occupying the subject parcels are operating as legal non-conforming multi-tenant commercial businesses. The rezone request of B2-2 aligns with Our Missoula Growth Policy and community business is supported by the Midtown Master Plan. Title 20 Table 20.10-1 outlines uses allowed in Business Districts.

The B2-2 Community Business zoning district has no minimum parcel area, except a minimum 3,000 square feet parcel area is required for single-purpose residential and mixed-use buildings. The minimum parcel area per dwelling unit is 1,000 square feet and there is no minimum parcel area per unit for vertical mixed-use buildings. The setbacks and building height of the B2-2 zoning district are as follows:

Setbacks:

Front - (North) - Front setbacks are required only when a Business or Commercially zoned parcel abuts a Residentially zoned parcel with frontage on the same street. In such cases, the B- or C-zoned parcel must match the actual front setback of the building that exists on the abutting R-zoned parcel, but no greater than the required setback for the abutting R-zoned parcel. In this case, a 20-foot front setback may be required unless the abutting structures are set back less than 20 feet from the front property line.

Side – 5 ft. Applicable to the east and west property lines since they will abut residential zoning.

Rear - (Alley) – None

Max Height: 50 ft., however for parcels abutting R districts that have a maximum allowed building height of 35 feet or less, this is the maximum building height at the point of the required minimum setback line is 35 feet. Height may be increased above 35 feet by up to one foot (vertical) for each 6 inches of building setback or upper floor step-back.

The subject property is in Rose Park Neighborhood and Council Ward 4.

PROJECT APPLICATION LINKS:

The application packet can be viewed here: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

PROJECT TIMELINE:

City Council: Monday, August 5, at 6:00 – Consent Agenda, 1^st reading of ordinance, set Council Public Hearing, & refer item to Land Use and Planning Committee

Planning Board: Tuesday, August 6, 2024, at 6:00 pm – Public Hearing

Land Use and Planning Committee: Wednesday, August 21, 2024, (Time TBD) – Informational Meeting

City Council: Monday, August 26, 2024, at 6:00 pm – Public Hearing

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Wednesday July 17, 2024, to be included in the staff report provided to Planning Board and City Council. Your comments may be considered by Planning Board and City Council in their decision to approve or deny this request.

All City Council meetings will be held in a hybrid format, in person at the City Council chambers and virtually via Microsoft TEAMs, with more information to be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)

The Planning Board meeting will be held in a hybrid format from the Sophie Moiese Room of the County Courthouse.

PROJECT PLANNER:

The project planner is Jon Sand. They can be reached at (406) 552-6629 or sandj@ci.missoula.mt.us.

PROJECT DESCRIPTION:

The City of Missoula is reviewing a petition from Jamie Erbacher of WGM Group, on behalf of property owner Perry Ashby, requesting annexation of 2512 Olofson, legally described as Lot E of Orchard Homes, Section 19, Township 13 North, Range 19 West, Missoula County, Montana, P.M.M., into the City of Missoula, and zoning upon annexation of C1-3 Neighborhood Commercial with Design Excellence Overlay - Corridor Typology 4.

The lot encompasses 27,312 square feet (0.63 acres) and is currently zoned “Neighborhood Center” in the County, with a land use designation in the ‘Our Missoula’ City Growth Policy of Community Mixed Use. Upon annexation into the City of Missoula, the applicant has requested City zoning of C1-3 Neighborhood Commercial with Design Excellence Overlay - Corridor Typology 4 which is identified as a relatable zoning district under the Growth Policy. The C1-3 zoning district has no setbacks when the property is not abutting a residential zoning district. There is a residential zoning district abutting the northern boundary of the subject property and setbacks may apply subject to Title 20, Section 20.10.030. The maximum allowed height is 65 feet unless abutting residential. The subject property abuts a residential zoning district to the north and is therefore subject to Title 20, Section 20.10.030. The C1-3 zoning district allows for residential and commercial development and would allow 27 dwelling units to be developed on the subject property.

PROJECT APPLICATION LINKS:

The application packet can be viewed here: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

PROJECT TIMELINE:

City Council: Monday, August 5, 2024, at 6:00 p.m. - Adopt Resolution of Intent, Set Public Hearing and Refer to LUP on Consent Agenda.

Land Use and Planning Committee: Wednesday, August 21, 2024 (Time TBD) – Informational item.

City Council: Monday, August 26, 2024, at 6:00 pm – City Council Public Hearing and Final Consideration on Resolution to Annex

All meetings will be held in a hybrid format. To attend the City Council public hearing in person, please go to Council Chambers at 140 W. Pine Street. To attend virtually via Microsoft TEAMS, more information on how to attend will be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Wednesday, August 14, 2024, to be included in the staff report provided to City Council. Your comments may be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNER:

The project planner is Charlie Ream. They can be reached at 406-552-6351 or reamc@ci.missoula.mt.us.

PROJECT DESCRIPTION:

Development Services received a request from Cushing Terrell, on behalf of Pando Holdings, for a phased 248-lot major subdivision, annexation of 41.34 acres, and rezoning of the property located at and nearby 1600 Rimel Rd in Missoula adjacent to Hillview Way. Once complete, the subdivision would contain 21 townhome lots, 226 single-family lots, and 1 multi-family lot with 203 units. The property consists of 106.6 acres within seven parcels, two of which are already within City limits and five parcels to be annexed as a part of this proposal. The legal description can be summarized as seven tracts of land in the southwest quarter of the southwest quarter of Section 5 and the southeast quarter of Section 6, Township 12 North, Range 19 West, P.M.M. Missoula County, Montana.

The property abuts either existing residential development (generally to the west) or residential zoning (generally vacant at this time to the east) on all sides and one religious assembly use to the south. Another upcoming subdivision proposal, Meadow View Homes, is located nearby at the northwest corner across Hillview Way. The property was historically used for pasture grazing and a single-family home on site will be removed as a part of the proposal.

The proposed design is broken into 7 phases and improvements include the extension of a new collector road off Rimel Road, new water and sewer infrastructure, additional parkland, trail connections, and improvements to Hillview Way. The first phase of the proposed subdivision is the multi-family development currently permitted and under construction at the southwest parcel of the project area off Hillview Way.

The two parcels currently located within Missoula city limits are zoned a mix of RM1-35 Residential (multi-dwelling), RM0.5 Residential (multi-dwelling), R8 Residential, and B2-1 Community Business. The Hillview Heights Overlay also encompasses a portion of the western part of the site. The five parcels currently located in the County are zoned Residential (R) under Missoula County Zoning Regulations.

The proposed zoning for the site includes RM0.5 Residential (multi-dwelling), RM1-35 Residential (multi-dwelling), and R5.4 Residential. The proposal also requests the removal of the Hillview Heights overlay. The requested rezone is proposed to remove split-zoning currently in place on the property and to provide appropriate zoning for the future proposed residential development with higher density development located closer to Hillview Way and single-family uses as the site moves east and steepens.

The proposed zoning designations allow for a wide range of housing types including multi-dwelling buildings, townhomes, and single-family residences. The City’s Our Missoula Growth Policy identifies land use designations for the property of Residential High Density (24 – 43 dwelling units per acre) on the west side of the subject property and Residential Medium Density (3 – 11 dwelling units per acre) as you move east across the site. If developed as proposed, the subdivision would result in an overall density of just over 4 dwelling units per acre, which aligns with the general intent set forth in the Growth Policy, especially given that the proposal calls out higher density development to the west along Hillview Way and less dense development moving east, which upholds with Growth Policy recommendations.

The subdivision includes 7.8 acres of dedicated parkland that includes a new 8-foot wide gravel path connecting Moose Can Gully Trail to Rimel Road and an extensive network of less invasive singletrack

trails. In addition to parkland, 21.9 acres of common area would be accessible to residents and the public. The common areas are integrated into the overall layout of residential lots, providing additional trail connections throughout the neighborhood.

The subdivision includes six variance requests from the City Subdivision Regulations relating to allowing one dead-end street, exceeding block lengths in three different areas, accepting a trail alignment along Rimel Rd not fully meeting street/sidewalk standards, and permitting alleys to provide primary vehicular access to five lots.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://www.ci.missoula.mt.us/3308/Wildroot-Subdivision

PROJECT TIMELINE:

· City Council Consent Agenda: August 19, 2024 at 6:00 PM – Resolution of intent to annex, first reading of a zoning ordinance, refer the item to the Land Use and Planning Committee, and set a Public Hearing.

· Planning Board: August 20, 2024 at 6:00 PM – Planning Board (City/County) Public Hearing

· Land Use and Planning Committee: August 28, 2024 at TBD – Informational Item (no decision)

· City Council: September 9, 2024 at 6:00 PM – City Council Public Hearing and Decision

All meetings will be held in a hybrid format, with the option to attend in-person or virtually via Microsoft TEAMs videoconferencing. To attend remotely, TEAMs links will be available on meeting agendas at the time of posting.

The Planning Board public hearing will be held in the Sophie Moiese conference room in the Missoula County Courthouse (200 W Broadway St.) Planning Board meeting agendas and information will be posted here: https://missoulacomt.portal.civicclerk.com/?category_id=33

City Council meetings will be held in City Council Chambers (140 W Pine St.) Meeting agendas and information will be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula Development Services office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Friday, August 9, 2024, to be included in the staff report provided to the Planning Board. Your comments will be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNER: The project planner is Tara Porcari, who can be reached at porcarit@ci.missoula.mt.us.

REVIEW CRITERIA FOR ZONING AMENDMENTS (RE-ZONING):

City Council may either approve or deny the request. Standard zoning districts cannot be conditioned.

Title 20.85.040.G Review Criteria

In reviewing and making decisions on zoning amendments, the zoning officer, Planning Board and City Council must consider at least the following criteria:

1. Whether the proposed zoning amendment is consistent with MCA § 76-2-304:

a. Whether the zoning is made in accordance with a growth policy;

b. Whether the zoning is designed to secure safety from fire and other dangers;

c. Whether the zoning is designed to promote public health, public safety , and the general welfare;

d. Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

e. Whether the zoning considers the reasonable provision of adequate light and air;

f. Whether the zoning considers the effect on motorized and nonmotorized transportation systems;

g. Whether the zoning considers the promotion of compatible urban growth;

h. Whether the zoning considers the character of the district and its peculiar suitability for particular uses; and

i. Whether the zoning conserves the value of buildings and encourages the most appropriate use of land throughout the jurisdictional area.

2. Whether the proposed zoning amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition;

3. Whether the proposed zoning amendment is in the best interests of the city as a whole.

Title 20.85.040.H Protest Provisions

1. A formal protest petition opposing a zoning amendment must be submitted to the zoning officer or on the public record before the City Council's vote, allowing sufficient time for the city clerk to determine the validity of the petition.

2. A protest petition will be considered "valid" if it is signed by the owners of 25% or more of:

a. The area of the parcels that are the subject of the proposed change; or

b. The parcels or units, as defined in MCA § 70-23-102, within 150 feet of the parcel that is the subject of the proposed change. The area per unit to be included in the calculation of the protest shall be determined per MCA § 76-2-305.

3. When a valid protest petition has been submitted, approval of a zoning amendment requires a two-thirds majority vote of those City Council members present and voting.

REVIEW CRITERIA FOR SUBDIVISIONS:

City Council may either approve, approve with conditions, or deny the request.

4-010.14.A. Prerequisites for Approval.

The City Council may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:

· Provides easements for the location and installation of any planned utilities;

· Provides legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel;

· Assures that all required public improvements will be installed before final plat approval, or that such installation after final plat approval will be guaranteed as provided by Article 5 of the subdivision regulations; and

· Will comply with the requirements of Montana Code Annotated 76-3-504 regarding the disclosure and disposition of water rights.

4-010.14.B. Consideration - Standards.

In approving, conditionally approving or denying a subdivision application and preliminary plat, the City Council must consider whether the proposed subdivision complies with:

· The City of Missoula Subdivision Regulations including but not limited to the design standards set forth in Article 3;

· Applicable zoning regulations;

· Any other applicable local, state, and federal regulations; and

· The Montana Subdivision and Planning Act, including but not limited to the following impacts:

o Impact on agriculture;

o Impact on agriculture water user facilities;

o Impact on local services;

o Impact on the natural environment;

o Impact on wildlife;

o Impact on wildlife habitat; and

o Impact on public health and safety.

UPDATE: This Public Forum was heard on July 8, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

City of Missoula Community Planning, Development, and Innovation has received a notice from OZ Architects on behalf of the Missoula City-County Animal Control Center of their intent to expand their facility on Butler Creek Rd, just south of I-90. The proposal includes remodeling and expanding the existing facility and adding fire suppression. The subject property is located at 6700 Butler Creek Rd, Missoula, MT 59808 and is owned by the Missoula County Airport Industrial District. The proposed project includes adding approximately 4,300 square feet of office and kennel spaces.

The proposed scope of work for the project is not permitted in Title 20 zoning code. Animal Services, Shelter/Boarding is not a permitted use in the M1-2 Limited Industrial / Missoula Development Park (MDP) Overlay zoning district, where this building is located (Title 20, Section 20.25.075.F.1.b). Expansion of an existing, legal-non conforming use into a new building addition is prohibited.

There are multiple landscaping requirements the applicant will not be meeting, including: boulevard landscaping, natural grasses standards in the MDP Overlay, fence type, height, and locations, and landscape buffers. Title 20, Section 20.25.075.I requires boulevard landscaping. The applicant will not be planting additional boulevard trees, if approved by the urban forester. Two fences are proposed for dog runs and will be 7 feet tall if approved by Engineering. Fences may not exceed five feet in height (20.25.075.L.2). The Missoula Development Park Overlay requires the front yard to contain a maximum of 20% natural grasses (20.25.075.H.1.a). The front yard will contain 69% natural grasses. Last, a landscape buffer is required along the southern property line which abuts a residential use (20.65.060). The Animal Shleter will not be installing a buffer; however, there is an existing berm along this property line.

City Council is authorized by state law to hold a public hearing, known as a public forum, when a public agency proposes to use public land contrary to the local zoning regulations. The public agency in this case is the Missoula County Airport Industrial District which is a County agency. City Council does not have the power to deny or condition the approval of the project. The proposed use is permitted regardless of the outcome of the hearing. However, public comment is greatly appreciated.

PROJECT APPLICATION LINKS:

The application packet can be viewed here: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

PROJECT TIMELINE:

The hearing date is scheduled for July 8, 2024 at 6:00 PM. Information on how to attend the meeting virtually or in-person is posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearing is closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula offices, Attn: Kristin Spadafore, at 435 Ryman Street, Missoula, MT 59802, or during the public meeting.

Your comments may be considered by the Missoula City-County Animal Control Center when moving forward with their proposal.

PROJECT PLANNER:

The project planner is Kristin Spadafore and can be reached at (406) 552-6512, or spadaforek@ci.missoula.mt.us.

THE PLANNING BOARD PUBLIC HEARING WILL BE CONTINUED ON AUGUST 6, 2024 AT 6:00PM IN THE SOPHIE MOIESE ROOM IN THE MISSOULA COUNTY COURT HOUSE LOCATED AT 200 W BROADWAY ST.

PROJECT DESCRIPTION:

Development Services received a request from 406 Engineering, Inc., on behalf of Denova Northwest, for annexation of 35.28 acres of land, a 182-lot major subdivision, and rezoning located at 110 Sommers Street in East Missoula. The property abuts existing residential development to the west and north, the Clark Fork River to the east, and Interstate 90 to the south. It was historically used for agriculture and includes two residences and a kennel that are no longer occupied.

The property consists of eight existing tracts of record described as Tracts 1, 2, 3, 4, and 5 of Certificate of Survey No. 6629, Tracts 7 and 8 of Certificate of Survey No. 5298, and Tract A of Certificate of Survey No. 6338, all located in Section 19, Township 13 North, Range 18 West and Section 24, Township 13 North, Range 19 West.

The property is currently located outside of Missoula city limits and is zoned Residential (R) in Missoula County. In conjunction with annexing the property into the City of Missoula, the proposal includes a request to zone the subject property to the City’s RT5.4 Residential 5.4 (two-unit/townhouse) and apply a new Aspire Neighborhood Character Overlay zoning district. The RT5.4 zoning district permits detached houses, lot-line houses, two-unit townhouses, and two-unit houses.

The Aspire Neighborhood Character Overlay would expand the allowed uses to include multi-dwelling buildings on 10 lots (Lots 58-67) near the southern boundary of the subdivision. The overlay would also reduce front, rear, and side building setbacks throughout the subdivision and increase the percentage of front yards that may be used for parking or vehicular use. The stated intent of the overlay is to allow the creation of a variety of housing options for varying income levels within a cohesive neighborhood in compliance with the Residential Medium Density (3 – 11 dwelling units per acre) land use designation on the property under the City’s 2035 Our Missoula Growth Policy. If developed as proposed, the subdivision would result in approximately 7 dwelling units per acre.

The subdivision includes two public park areas including a 2.4-acre linear park with an 8-foot wide pedestrian path proposed along the top of the Clark Fork River bank and a 1.73-acre park abutting the existing Missoula County Canyon View Park at the subdivision’s west boundary.

The subdivision includes eight variance requests from the City Subdivision Regulations relating to reduced street right-of-way widths, eliminating a sidewalk along one side of a street for 460 feet, extending the maximum block lengths in several locations, and allowing alleys to provide primary vehicular access to three lots.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://www.ci.missoula.mt.us/3310/Aspire-Subdivision

PROJECT TIMELINE:

Developer Sponsored Neighborhood Meeting: June 27, 2024 6:00 – 7:30 PM at Mount Jumbo School

City Council Consent Agenda: July 15, 2024 at 6:00 PM – Resolution of intent to annex, first reading of a zoning ordinance, and refer the item to the City Council Land Use and Planning Committee

Planning Board: July 16, 2024 at 6:00 PM – Planning Board Public Hearing

Planning Board Continued: August 6, 2024 at 6:00 PM – Planning Board Public Hearing

Land Use and Planning Committee: August 7, 2024 at TBD – Informational Item (no decision)

City Council: August 12, 2024 at 6:00 PM – City Council Public Hearing

All meetings will be held in a hybrid format, with the option to attend in-person or virtually via Microsoft TEAMs.

The Planning Board public hearing will be held in the Sophie Moiese conference room in the Missoula County Courthouse (200 W Broadway St.) Planning Board meeting agendas and information will be posted here: https://missoulacomt.portal.civicclerk.com/?category_id=33

City Council meetings will be held in City Council Chambers (140 W Pine St.) Meeting agendas and information will be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula Development Services office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Tuesday July 9, 2024, to be included in the staff report provided to the Planning Board. Your comments will be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNERs:

The project planners are Dave DeGrandpre, who can be reached at (406) 552-6633 or degrandpred@ci.missoula.mt.us and Kristin Spadafore, who can be reached at (406) 552-6152 or spadaforek@ci.missoula.mt.us.

REVIEW CRITERIA FOR ZONING AMENDMENTS (RE-ZONING):

City Council may either approve or deny the request. Standard zoning districts cannot be conditioned.

Title 20.85.040.G Review Criteria

In reviewing and making decisions on zoning amendments, the zoning officer, Planning Board and City Council must consider at least the following criteria:

1. Whether the proposed zoning amendment is consistent with MCA § 76-2-304:
   1. Whether the zoning is made in accordance with a growth policy;
   2. Whether the zoning is designed to secure safety from fire and other dangers;
   3. Whether the zoning is designed to promote public health, public safety , and the general welfare;
   4. Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
   5. Whether the zoning considers the reasonable provision of adequate light and air;
   6. Whether the zoning considers the effect on motorized and nonmotorized transportation systems;
   7. Whether the zoning considers the promotion of compatible urban growth;
   8. Whether the zoning considers the character of the district and its peculiar suitability for particular uses; and
   9. Whether the zoning conserves the value of buildings and encourages the most appropriate use of land throughout the jurisdictional area.
2. Whether the proposed zoning amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition;
3. Whether the proposed zoning amendment is in the best interests of the city as a whole.

Title 20.85.040.H Protest Provisions

1. A formal protest petition opposing a zoning amendment must be submitted to the zoning officer or on the public record before the City Council's vote, allowing sufficient time for the city clerk to determine the validity of the petition.
2. A protest petition will be considered "valid" if it is signed by the owners of 25% or more of:
   1. The area of the parcels that are the subject of the proposed change; or
   2. The parcels or units, as defined in MCA § 70-23-102, within 150 feet of the parcel that is the subject of the proposed change. The area per unit to be included in the calculation of the protest shall be determined per MCA § 76-2-305.
3. When a valid protest petition has been submitted, approval of a zoning amendment requires a two-thirds majority vote of those City Council members present and voting.

REVIEW CRITERIA FOR SUBDIVISIONS:

City Council may either approve, approve with conditions, or deny the request.

4-010.14.A. Prerequisites for Approval.

The City Council may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:

• Provides easements for the location and installation of any planned utilities;
• Provides legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel;
• Assures that all required public improvements will be installed before final plat approval, or that such installation after final plat approval will be guaranteed as provided by Article 5 of the subdivision regulations; and
• Will comply with the requirements of Montana Code Annotated 76-3-504 regarding the disclosure and disposition of water rights.

4-010.14.B. Consideration - Standards.

In approving, conditionally approving or denying a subdivision application and preliminary plat, the City Council must consider whether the proposed subdivision complies with:

• The City of Missoula Subdivision Regulations including but not limited to the design standards set forth in Article 3;
• Applicable zoning regulations;
• Any other applicable local, state, and federal regulations; and
• The Montana Subdivision and Planning Act, including but not limited to the following impacts:
  1. Impact on agriculture;
  2. Impact on agriculture water user facilities;
  3. Impact on local services;
  4. Impact on the natural environment;
  5. Impact on wildlife;
  6. Impact on wildlife habitat; and
  7. Impact on public health and safety.

PROJECT DESCRIPTION:

An application is under review for the rezoning of 1200, 1224, 1228, 1244, 1136, and 1138 Montana Street. The subject properties are located east of Russell Street and north of Wyoming Street. They are currently developed with six detached houses.

The site is currently zoned R20 Residential, and the applicant is seeking to rezone to B2-2 Community Business. City Council will either approve or deny the rezoning request. The requested zoning district is a standard zoning district that applies equally to other areas of the City with the same zoning. City Council cannot subject the rezoning approval to conditions because State Law prohibits conditions to standard zoning districts.

The existing R20 zoning district is considered low-density, allowing one detached house for every 20,000 square feet of parcel area. Based on an estimated area of 53,663 square feet, the current permitted density is two dwelling units. The district also requires the following setbacks: 20-foot front, 15-foot side, 12.5-foot street side, and 20-foot rear.

The requested B2-2 zoning district is mixed-use low intensity business, allowing for 1 dwelling unit per every 1,000 square feet of parcel area. If zoned B2-2 this lot would permit a density of 53 dwelling units. There are no required setbacks in this zoning district, except when development abuts a Residential district. The eastern-most parcel does abut a residential zoning district and will be subject to setback requirements.

The property is part of City Council Ward 3 and the River Front Neighborhood Council.

KEY DATES:

Planning Board: Tuesday, July 30th, 2024, at 6:00 pm – Public Hearing

Land Use and Planning Committee: Wednesday, August 7th, 2024, (Time TBD) – Informational Meeting

City Council: Monday, August 26th, 2024, at 6:00 pm – Public Hearing, Final Consideration & Vote on Rezoning Request

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by June 5^th, 2024 to be included in the staff report provided to Planning Board. Your comments will be considered by Planning Board and City Council in their decision to approve or deny this request.

All meetings will be held in a hybrid format. To attend the Planning Board meeting in person, please go to the Sophie Moiese Room on the first floor of the County Courthouse at 200 W Broadway Street. To attend the City Council public hearing in person, please go to Council Chambers at 140 W Pine Street. To attend the meeting virtually via Microsoft TEAMs, more information on how to attend will be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)

PROJECT PLANNER:

The project planner is Alex Bramlette who can be reached at bramlettea@ci.missoula.mt.us or (406) 552-6052.

IMPORTANT LINKS:

Public Meeting Agenda - How to Attend Virtual Meetings: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes (External link)

City Private Development Page – Application: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

Title 20 Zoning Ordinance:

https://library.municode.com/mt/missoula/codes/municipal_code

PROJECT DESCRIPTION:

An application is under review for rezoning and targeted growth policy amendment of property located at 2141 McDonald Avenue. The property is located at the intersection of McDonald Avenue and Brooks Street. It is currently vacant.

The site is currently split zoned as RT2.7 Residential (two-unit/townhouse) and C1-4 Neighborhood Commercial with a Design Excellence Overlay – Corridor Typology 1. The applicant is seeking to change the zoning to C1-3 Neighborhood Commercial with a Design Excellence Overlay – Corridor Typology 1. City Council will either approve or deny the rezoning request. The requested zoning district is a standard zoning districts that applies equally to other areas of the city with the same zoning. City Council cannot subject the rezoning approval to conditions because State Law prohibits conditions to standard zoning districts.

The subject property is split zoned RT2.7 Residential (two-unit/townhouse) and C1-4 Neighborhood Commercial. Title 20 states for existing and proposed uses and structures, the more restrictive provisions of the applicable zoning districts apply to the entire parcel. In this case, RT2.7 zoning applies to entire parcel.

The RT2.7 Residential (two-unit/townhouse) zoning district requires a minimum parcel area of 3,000 square feet, and a minimum parcel area per unit of 2,700 square feet. The required setbacks are 20 feet in the front and rear, 5 feet on interior sides, and 10 feet for street sides. The maximum height is 30 or 35 feet, depending on roof pitch. The permitted residential building types are detached house, lot line house, two-unit townhouse, two-unit house, and mixed-use building.

The C1-3 Neighborhood Commercial zoning district requires a minimum parcel area of 3,000 square feet for single-purpose residential and mixed-use buildings and no minimum parcel area for all other building types. The minimum parcel area per unit is 1,000 square feet for single-purpose residential and mixed-use buildings and no minimum parcel area per unit for Vertical Mixed-use buildings. There are no required front, rear, interior side, or street side setbacks required, except when the parcel is abutting an R district. The maximum height permitted is 65 feet. The C1-3 zoning district permits all residential and commercial building types. The C1 zoning district permits various civic, commercial, and industrial uses.

The rezoning would increase the density from one dwelling unit per 2,700 square feet of parcel area to one dwelling unit per 1,000 square feet of parcel area. With the current RT2.7 zoning, the zoning parcel would allow 5 dwelling units. Under the proposed C1-3 zoning, the zoning parcel would allow 14 dwelling units. The maximum permitted height would increase to 65 feet. The current maximum height is 35 feet.

Zoning is applied based on the land use designation of the Our Missoula 2035 City Growth Policy. Each land use designation has specific zoning districts that relate to the designation. This parcel has a split designation of Regional Commercial and Services and Residential Medium-High. In order to rezone the full parcel to C1-3, a targeted growth policy amendment is required to extend the Regional Commercial and Services land use designation to the east property line.

Information on the RT2.7 Residential 2.7 (two-unit/townhouse) and C1-3 Neighborhood Commercial zoning designations can be found in Title 20 at the following link: https://library.municode.com/mt/missoula/codes/municipal_code

For general rezoning information, review the FAQ’s on this page.

The subject property is in Southgate Triangle Neighborhood and Council Ward 4.

PROJECT APPLICATION LINKS:

The application packet can be viewed here: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

KEY DATES:

City Council: Monday, July 22nd, 2024, at 6:00 – Consent Agenda, 1^st reading of ordinance, set Council Public Hearing, & refer item to Land Use and Planning Committee. No presentation.

Planning Board: Tuesday, July 30th, 2024, at 6:00 pm – Public Hearing

Land Use and Planning Committee: Wednesday, August 7th, 2024, (Time TBD) – Informational Meeting

City Council: Monday, August 26th, 2024, at 6:00 pm – Public Hearing, Final Consideration & Vote on Rezoning and Targeted Growth Policy Requests

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the Planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Tuesday, June 11, 2024, to be included in the staff report provided to Planning Board. Your comments may be considered by Planning Board and City Council in their decision to approve or deny this request.

All meetings will be held in a hybrid format, in person at the City Council chambers and virtually via Microsoft TEAMs, with more information to be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)

PROJECT PLANNER:

The project planner is Zoe Walters. They can be reached at (406) 552-6399 or waltersz@ci.missoula.mt.us.

PROJECT DESCRIPTION:

Development Services has received a request from IMEG Corp., on behalf of Rebecca Donnelly, for a 13-lot major subdivision of 9.58 acres located directly north of High Park at the end of Landon’s Way. The proposed subdivision is located in the NE ¼ of Section 5, Township 12 North, Range 19 West and is named High Park Views Subdivision.

The proposed subdivision is within Missoula City limits and is zoned R5.4 Residential 5.4. The R5.4 Residential 5.4 zoning district permits detached houses and lot-line houses as residential building types.

The subject property is located in the Farviews/Pattee Canyon Neighborhood Council and City Council Ward number 4.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://www.ci.missoula.mt.us/3307/High-Park-Views-Subdivision

PROJECT TIMELINE:

Planning Board: June 4^th at 6 PM – Planning Board Public Hearing

Land Use and Planning Committee: June 12^th at time TBD – Pre-Public Hearing Informational Item

City Council: June 24^th at 6 PM – City Council Public Hearing

All meetings will be held in a hybrid format, with the option to attend in-person or virtually via Microsoft TEAMs.

The Planning Board public hearing will be held in the Sophie Moiese conference room in the Missoula County Courthouse (200 W Broadway St.) Planning Board meeting agendas and information will be posted here: https://missoulacomt.portal.civicclerk.com/?category_id=33

City Council meetings will be held in City Council Chambers (140 W Pine St.) Meeting agendas and information will be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Friday, May 24^th, 2024 to be included in the staff report provided to City Council. Your comments will be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNER:

The project planners are Lauren Stevens, who can be reached at (406) 552-6054 or stevensl@ci.missoula.mt.us(External link), and Dave DeGrandpre, who can be reached at (406) 552-6633 or degrandpred@ci.missoula.mt.us(External link).

REVIEW CRITERIA FOR SUBDIVISIONS:

City Council may either approve, approve with conditions, or deny the request.

4-010.14.A. Prerequisites for Approval.

The City Council may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:

• Provides easements for the location and installation of any planned utilities;
• Provides legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel;
• Assures that all required public improvements will be installed before final plat approval, or that such installation after final plat approval will be guaranteed as provided by Article 5 of the subdivision regulations; and
• Will comply with the requirements of Montana Code Annotated 76-3-504 regarding the disclosure and disposition of water rights.

4-010.14.B. Consideration - Standards.

In approving, conditionally approving or denying a subdivision application and preliminary plat, the City Council must consider whether the proposed subdivision complies with:

• The City of Missoula Subdivision Regulations including but not limited to the design standards set forth in Article 3;
• Applicable zoning regulations;
• Any other applicable local, state, and federal regulations; and
• The Montana Subdivision and Planning Act, including but not limited to the following impacts:
  1. Impact on agriculture;
  2. Impact on agriculture water user facilities;
  3. Impact on local services;
  4. Impact on the natural environment;
  5. Impact on wildlife;
  6. Impact on wildlife habitat; and
  7. Impact on public health and safety.

PROJECT DESCRIPTION:

Community Planning, Development, and Innovation received a notice from MMW and SMA Architects on behalf of the University of Montana of their intent to construct four new parking lots throughout campus and install a welcome sign at Rankin Park. The parking lot proposal includes Tennis Court Lot, Miller Hall Lot, Aber Hall Lot, and Champion Center Lot. Nine (9) trees will be removed and twenty-seven (27) will be planted.

The proposed projects will not meet (20.65.030) street frontage landscaping, (20.65.040) interior parking lot landscaping, and (20.75.050) sign Title 20 zoning regulations. Installation of the parking lots on campus triggers the requirement for street frontage landscaping and interior parking lot landscaping. The UM will not be adding additional street frontage landscaping as part of this project. While some landscaping is being proposed in the new parking areas, there are less landscaped islands than would normally be required by zoning code. At Rankin Park, the ground sign will be placed approximately 20’ from Madison Street Bridge and Maurice Ave. The proposed sign will be approximately 100 square feet in area and will be 10’ tall. The proposed sign is larger than the maximum allowed area and height for a ground sign in the OP1 Open Space zoning district per Title 20, Chapter 20.75.050. The maximum allowed area is 24 square feet and a maximum height of 6’. Rankin Park is zoned OP1 and the UM campus is zoned OP3 Public Lands and Institutional.

City Council is authorized by state law to hold a public hearing, known as a public forum, when a public agency proposes to use public land contrary to the local zoning regulations. The public agency in this case is the University of Montana. City Council does not have the power to deny or condition the approval of the project. The proposed use is permitted regardless of the outcome of the hearing. However, public comment is greatly appreciated.

PROJECT APPLICATION LINKS:

The application packet can be viewed here: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

PROJECT TIMELINE:

The hearing date is scheduled for May 13th, 2024 at 6:00 PM. Information on how to attend the meeting virtually or in-person is posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearing is closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meeting.

Your comments may be considered by MMW Architects and SMA Architects on behalf of the University of Montana when moving forward with their proposal.

PROJECT PLANNER:

The project planner is Jon Sand and can be reached at (406) 552-6629, or sandj@ci.missoula.mt.us.

PROJECT DESCRIPTION:

Development Services has received a request from IMEG Corp., on behalf of Strong Development LLC, for an 18-lot major subdivision and rezone of 2.27 acres located at 2348 River Road, which can be legally described as the east one-half of the west one-half of Lots 29 and 30 of Cobban and Dinsmore’s Orchard Homes, a platted subdivision in Missoula County, Montana, according to the recorded plat thereof. The proposed subdivision is named Strong Riverstone Subdivision.

The proposed subdivision is within Missoula City limits and is zoned RT10 Residential 10 (two-unit/townhouse). The proposal includes a request to rezone the subject property to RT5.4 Residential 5.4 (two-unit/townhouse). The RT5.4 zoning district permits the same residential building types as the RT10 zoning district. The permitted residential building types are detached houses, lot-line houses, two-unit townhouses and two-unit houses. The required setbacks and maximum height limits are the same for both the RT10 and RT5.4 zoning districts. The RT10 zoning district requires a minimum parcel area of 10,000 square feet, and a minimum of 10,000 square feet of parcel area per dwelling unit. The RT5.4 zoning district requires a minimum parcel area of 5,400 square feet and a minimum of 5,400 square feet of parcel area per dwelling unit.

The subject property is located in City Council Ward 6 and the River Road Neighborhood Council area.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://www.ci.missoula.mt.us/3321/Strong-Riverstone-Subdivision-and-Rezone

PROJECT TIMELINE:

City Council Consent Agenda: May 20^th at 6:00 PM – First reading of the ordinance & refer to LUP

Planning Board: May 21^st at 6:00 PM – Planning Board Public Hearing

Land Use and Planning Committee: June 5^th at TBD – Informational Item

City Council: June 10^th at 6:00 PM – City Council Public Hearing

All meetings will be held in a hybrid format, with the option to attend in-person or virtually via Microsoft TEAMs.

The Planning Board public hearing will be held in the Sophie Moiese conference room in the Missoula County Courthouse (200 W Broadway St.) Planning Board meeting agendas and information will be posted here: https://missoulacomt.portal.civicclerk.com/?category_id=33

City Council meetings will be held in City Council Chambers (140 W Pine St.) Meeting agendas and information will be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Friday, May 10^th, 2024, to be included in the staff report provided to City Council. Your comments may be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNER:

The project planners are Lauren Stevens, who can be reached at (406) 552-6054 or stevensl@ci.missoula.mt.us, and Dave DeGrandpre, who can be reached at (406) 552-6633 or degrandpred@ci.missoula.mt.us.

REVIEW CRITERIA FOR ZONING AMENDMENTS (RE-ZONING):

City Council may either approve or deny the request. Standard zoning districts cannot be conditioned.

Title 20.85.040.G Review Criteria

In reviewing and making decisions on zoning amendments, the zoning officer, Planning Board and City Council must consider at least the following criteria:

1. Whether the proposed zoning amendment is consistent with MCA § 76-2-304:
   1. Whether the zoning is made in accordance with a growth policy;
   2. Whether the zoning is designed to secure safety from fire and other dangers;
   3. Whether the zoning is designed to promote public health, public safety , and the general welfare;
   4. Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
   5. Whether the zoning considers the reasonable provision of adequate light and air;
   6. Whether the zoning considers the effect on motorized and nonmotorized transportation systems;
   7. Whether the zoning considers the promotion of compatible urban growth;
   8. Whether the zoning considers the character of the district and its peculiar suitability for particular uses; and
   9. Whether the zoning conserves the value of buildings and encourages the most appropriate use of land throughout the jurisdictional area.
2. Whether the proposed zoning amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition;
3. Whether the proposed zoning amendment is in the best interests of the city as a whole.

Title 20.85.040.H Protest Provisions

1. A formal protest petition opposing a zoning amendment must be submitted to the zoning officer or on the public record before the City Council's vote, allowing sufficient time for the city clerk to determine the validity of the petition.
2. A protest petition will be considered "valid" if it is signed by the owners of 25% or more of:
   1. The area of the parcels that are the subject of the proposed change; or
   2. The parcels or units, as defined in MCA § 70-23-102, within 150 feet of the parcel that is the subject of the proposed change. The area per unit to be included in the calculation of the protest shall be determined per MCA § 76-2-305.
3. When a valid protest petition has been submitted, approval of a zoning amendment requires a two-thirds majority vote of those City Council members present and voting.

REVIEW CRITERIA FOR SUBDIVISIONS:

City Council may either approve, approve with conditions, or deny the request.

4-010.14.A. Prerequisites for Approval.

The City Council may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:

• Provides easements for the location and installation of any planned utilities;
• Provides legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel;
• Assures that all required public improvements will be installed before final plat approval, or that such installation after final plat approval will be guaranteed as provided by Article 5 of the subdivision regulations; and
• Will comply with the requirements of Montana Code Annotated 76-3-504 regarding the disclosure and disposition of water rights.

4-010.14.B. Consideration - Standards.

In approving, conditionally approving or denying a subdivision application and preliminary plat, the City Council must consider whether the proposed subdivision complies with:

• The City of Missoula Subdivision Regulations including but not limited to the design standards set forth in Article 3;
• Applicable zoning regulations;
• Any other applicable local, state, and federal regulations; and
• The Montana Subdivision and Planning Act, including but not limited to the following impacts:
  1. Impact on agriculture;
  2. Impact on agriculture water user facilities;
  3. Impact on local services;
  4. Impact on the natural environment;
  5. Impact on wildlife;
  6. Impact on wildlife habitat; and
  7. Impact on public health and safety.