Development Applications

PROJECT DESCRIPTION:

The City of Missoula is reviewing a petition from Jamie Erbacher of WGM Group, on behalf of property owner Third Street Partners LLC, requesting annexation of 2812 & 2816 S 3^rd St. W, legally described as Lot 8 of Floral Addition, Section 19, Township 13 North, Range 19 West, Missoula County, Montana, P.M.M., into the City of Missoula, and zoning upon annexation of B1-1 Neighborhood Business.

The lot encompasses 20,125 square feet (0.46 acres) and is currently zoned Citizen-Initiated Zoning District 13 (CZD13) in the County, with a land use designation in the ‘Our Missoula’ City Growth Policy of Neighborhood Mixed Use. Upon annexation into the City of Missoula, the applicant has requested City zoning of B1-1 Neighborhood Business which is identified as a relatable zoning district under the Growth Policy. The B1-1 zoning district has no setbacks when the property is not abutting a residential zoning district. The subject property does abut a residential zoning and setbacks apply subject to Title 20, Section 20.10.030. The maximum allowed height is 40 feet unless abutting residential. The subject property abuts a residential zoning district and is therefore subject to Title 20, Section 20.10.030. The B1-1 zoning district allows for residential and commercial development and would allow 20 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, January 6, 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, January 15, 2024 (Time TBD) – Informational item.

City Council: Monday, January 27, 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 Tuesday, December 31, 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 WGM Group on behalf of Shelter West Construction, Inc., for a phasing plan amendment request for 44 Ranch Subdivision, Phases 16 and 17. The property is generally located north of Mullan Road and south of Horn Road, to the south and west of the existing 44 Ranch development.

Phases 16 and 17 are zoned SD/44 Ranch – 44 Ranch Special Zoning District. The applicant is requesting to extend the final plat submittal deadlines for both phases to December 31, 2025. This will be the same as the existing final plat submittal deadlines for Phases 18 and 19, the final two phases of the subdivision.

The applicant is requesting to extend the deadlines for final plat submittal for these phases due to economic factors (2008 recession), uncertainty due to COVID-19, and the sale of the property and entitlements to the current owner. It is anticipated that the remaining subdivision phases will be submitted for final plat in sequential order.

Phase 16 includes (21) single dwelling lots and a portion of a 3.37-acre common area, and Phase 17 includes (29) single dwelling lots and will complete the Shindig Drive connection to The Valley Subdivision to the south.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://missoulaparks.org/DocumentCenter/View/73865/Extension-Request_2024-10-18_Combined

PROJECT TIMELINE:

Land Use and Planning Committee: Wednesday, January 8, 2025 (Time TBD)

City Council: Monday, January 13, 2025 at 6:00 PM

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

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:

Public comment will be taken by City Council until the meetings 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, December 24, 2024, to accompany 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 planner is Lauren Stevens, who can be reached at 406-552-6054 or stevensl@ci.missoula.mt.us.

SUBDIVISION REGULATIONS FOR PHASING PLANS EXTENSIONS/AMENDMENTS:

Deemed Sufficient for Preliminary Plat Review prior to May 8, 2017

4-070.4.B.General

(1) The subdivider must submit the final plat or request a phasing plan

extension/amendment to the approval period, prior to the submittal

deadline of the City Council approved phasing plan. If an extension or

amendment has not been requested prior to the deadline the

preliminary plat approval is expired.

(2) Final plats of subdivision approved for phased development must be

filed sequentially in accordance with the approval. 4-070.4:

D. All phases must be submitted for review and approved, or denied, within 20 years of the preliminary plat approval of the phased development application.

E. The governing body shall issue a written statement of the decision which shall include supplemental findings of fact for any additional conditions imposed

PROJECT DESCRIPTION:

Development Services has received a request from Paradigm V3 Architects, on behalf of the Peschel family, for design review of the multi-dwelling development in Phase 7 of Rattlesnake Hills Estates Planned Unit Development (PUD). The subject property is located west of Greenough Drive and is accessed from Minckler Loop.

Rattlesnake Hills Estates PUD was initially approved by the Missoula City Council on December 19, 1994, subject to seven conditions of approval. See enclosed PUD approval letter. The conditions of approval require building plans, elevations, complete site plan, and landscape plan for all types of proposed structures to be submitted to and approved by the governing body (City Council). The subdivision has been granted several phasing plan amendments. Enclosed is the Rattlesnake Hills Phasing Amendment approval letter dated June 17th, 2013, extending the deadline for Phase 7 to December 24th, 2024.

At this time the applicant requests review of the design for six multi-dwelling buildings (a total of 42 dwelling units) as shown in the attached exhibits.

PROJECT APPLICATION LINKS:

The application can be viewed here under “Rattlesnake Hills Estates Panned Unit Development (PUD) Multi-Dwelling Development: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

PROJECT TIMELINE:

Land Use and Planning Committee meeting for a motion and vote will be held Wednesday, January 8th, 2025 time to be determined.

City Council meeting will be Monday, January 13th, 2025 at 6:00 p.m. for the consent agenda or committee reports.

Information on how to attend the meetings virtually or in-person is posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

Please note this item will go to Land Use and Planning Committee on Wednesday January 8th, time to be determined, for public comment and a vote on the motion. This item will then go to City Council meeting Monday, January 13th at 6:00pm and will either be placed on the Consent Agenda, where comments will be taken as a whole, or Committee Reports, where comments will be taken on each scheduled item. There will be no presentation for Consent Agenda or Committee Reports.

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 meeting.

PROJECT PLANNER:

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

PROJECT DESCRIPTION:

The subdivider is preparing to file the final plat and create the lots for Phases 1-3 of Missoula Loft Homes on Mary Jane Boulevard Subdivision, approved by City Council on August 21^st, 2023. The Missoula Loft Homes on Mary Jane Boulevard Subdivision is located east of Flynn Lane and north of O’Leary Street on Tract 2 and 5 of Certificate of Survey No. 6817. Phase 1 includes a large 3.24-acre park north of and adjacent to O’Leary Street, 10 located off Geary Lane, 6 lots located off Flanagin Lane, and 10 lots located off Killarney Way. Phase 2 includes 2 lots located off Flanagin Lane. Phase 3 includes 3 lots located on the northeast corner of Mary Jane Boulevard and O’Leary Street.

State Law requires City Council to hold a public hearing before each phase of a subdivision proceeds with installation of infrastructure and filing a final plat. City Council will review any changes in regulations or circumstances since approval of preliminary plat for the subdivision. Any new information that may create significant impacts previously not considered by City Council will be considered with the Phased Development Review Process. No new information has been identified at this time.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here under “Missoula Loft Homes Subdivision Phases 1-3”: https://www.ci.missoula.mt.us/3230/Private-Development-Projects

PROJECT TIMELINE:

The City Council public hearing and final consideration is scheduled for December 9^th, 2024 at 6:00 p.m.

The Land Use and Planning Committee pre-public hearing informational meeting is scheduled for December 4^th, 2024 (time TBD).

Information on how to attend the meetings 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 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 meeting.

PROJECT PLANNER:

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

PROJECT DESCRIPTION:

Development Services received a petition from Jamie Erbacher of WGM Group, on behalf of property owner Roseburg Resources Co., requesting annexation into the City of Missoula and zoning upon annexation of Tracts 1, 3, 6, and 13 of Certificate of Survey No. 6982 and Tracts 2A, 4A, 5A, and 7A – 12A of Certificate of Survey No. 6695, all located in Sections 8 and 9, Township 13 North, Range 19 West, Missoula County, Montana. The property is addressed as 3300 Raser Drive. It is the location of the former Roseburg Forest Products particleboard plant adjacent and southwest of Interstate 90.

The property encompasses a total of 235 acres and is currently zoned Industrial Heavy Center in the County, with land use designations in the ‘Our Missoula’ City Growth Policy of Industrial Heavy and Industrial Light. Upon annexation into the City of Missoula, the applicant has requested City zoning of M1-2 Limited Industrial.

PROJECT APPLICATION LINKS:

The application packet can be viewed here: https://www.ci.missoula.mt.us/DocumentCenter/View/73610/Annexation-Submittal-3300-Raser-Dr-Roseburg-Resources-Co

PROJECT TIMELINE:

City Council: January 6, 2025 at 6:00 p.m. Adopt Resolution of Intent to Annex, Set Public Hearing, and Referral to LUP on Consent Agenda.

Land Use and Planning Committee: January 8, 2025 (Time TBD) – Pre-public hearing informational item.

City Council: January 27, 2025, at 6:00 pm – Public Hearing and Final Consideration on Resolution to Annex and Zone.

All meetings will be held virtually, with more information to 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 Monday, January 20, 2025, 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.

UPDATE: The phasing plan amendment request was approved on November 18th, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

Development Services received a request from IMEG Corp. on behalf of Lloyd A. Twite Family Partnership, for a phasing plan amendment request for Linda Vista Estates Subdivision, Phases 3, 4, and 5 located at 7855 Lower Miller Creek Rd, Missoula, Montana, 59803. The property is at the southern end of Missoula City limits and is surrounded by County property. Lower Miller Creek Road runs east and west through the subdivision.

This property is 94.568 acres and legally described as Tract 2 of COS 6355 Less Linda Vista Estates Subdivision, Phase 1, located in Section 13, Township 12 North, Range 20 West, P.M.M. Missoula County, Montana.

Phases 3 and 4 are zoned R5.4 Residential, and Phase 5 is zoned RM2.7 Residential (Multi-Dwelling). The applicant is requesting to extend the final plat submittal deadlines for all three phases to January 26, 2029. The subdivision preliminary plat is already approved. This request is to allow the subdivider more time to file the final subdivision plats.

The applicant is requesting to extend the deadlines for final plat submittal for these phases due to economic factors (material costs, supply shortages, etc.) and contractor availability delays. It is anticipated that the planned infrastructure and utility extensions for Phases 3 and 4 will result in these two phases being filed concurrently.

The subdivision includes a central 6.84 public park just south of Lower Miller Creek Road, and a central common area leading from the park to a common area along the southern boundary of Phases 3 and 4. Phases 3 and 4 include single dwelling lots and Phase 5 is a multi-dwelling lot for up to 132 dwelling units.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://ci.missoula.mt.us/DocumentCenter/View/73502/Final-Submittal_combined

PROJECT TIMELINE:

Land Use and Planning Committee: Wednesday, November 6, 2024, (Time TBD)

City Council: Monday, November 18, 2024, at 6:30 PM

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

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:

Public comment will be taken by City Council until the meetings 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 Wednesday, October 30, 2024, to accompany 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 Kristin Spadafore, who can be reached at (406) 552-6152 or spadaforek@ci.missoula.mt.us.

SUBDIVISION REGULATIONS FOR PHASING PLANS EXTENSIONS/AMENDMENTS:

Deemed Sufficient for Preliminary Plat Review prior to May 8, 2017

4-070.4.B.General

(1) The subdivider must submit the final plat or request a phasing plan extension/amendment to the approval period, prior to the submittal deadline of the City Council approved phasing plan. If an extension or amendment has not been requested prior to the deadline the preliminary plat approval is expired.

(2) Final plats of subdivision approved for phased development must be filed sequentially in accordance with the approval.

4-070.4:

D. All phases must be submitted for review and approved, or denied, within 20 years of the preliminary plat approval of the phased development application.

E. The governing body shall issue a written statement of the decision which shall include supplemental findings of fact for any additional conditions imposed

UPDATE: This project was approved on September 23, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

Development Services has received a request from IMEG Corp., on behalf of Homes for Missoula, LLC, for a 10-lot major subdivision and rezone of 1.58 acres located at 123 S. Curtis Street and legally described as the south 110 feet of Lot 5 of Curtis Addition, located in the southwest one-quarter of Section 20, Township 13 North, Range 19 West, P.M.M. Missoula County, as described in Book 1088, at Page 547. The subject property is located in City Council Ward 6 and is within the River Road Neighborhood Council. The proposed subdivision is named Carrera Commons Subdivision.

The proposed subdivision is within Missoula City limits and is zoned RT10 Residential (two-unit/townhouse). The proposal includes a request to rezone the subject property to RT5.4 Residential (two-unit/townhouse). The current RT10 and proposed RT5.4 zoning districts both permit detached houses, lot-line houses, two-unit townhouses and two-unit houses (duplexes). The setbacks for both zoning districts are the same with a requirement of 20 feet in the front and rear and 7.5 feet on the sides. The maximum height limit of 30 or 35 feet, depending on roof pitch, is also the same for both 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, which would currently permit a maximum of 6 dwelling units. 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, which would permit a maximum of 12 dwelling units.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here:

https://www.ci.missoula.mt.us/3334/Carrera-Commons-123-S-Curtis-Street

PROJECT TIMELINE:

Planning Board: September 3^rd at 6:00 PM – Planning Board Public Hearing

City Council Consent Agenda: September 9^th at 6:00 PM – First reading of the ordinance & refer to LUP

Land Use and Planning Committee: September 18^th at TBD – Informational Item

City Council: September 23^rd 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 Moise 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, August 26^th, 2024 to be provided with the staff report to the Planning board and September 20^th, 2024, to be 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 is Alex Bramlette who can be reached at (406) 552-6052 or bramlettea@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.

UPDATE: The rezoning request was approved on September 23, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

An application is under review for rezoning of the property located at 2139 South 7th Street West. The property is located near the intersection of South 7th Street West and Lynn Lane. It is currently vacant.

The applicant requests a rezone from R5.4 Residential to RM1.5 Residential (multi-dwelling). 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 R5.4 Residential zoning district requires a minimum parcel area of 5,400 square feet, and a minimum parcel area per unit of 5,400 square feet. The required setbacks are 20 feet in the front and rear, 7.5 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, and mixed-use building.

The RM1.5 Residential (multi-dwelling) zoning district requires a minimum parcel area of 3,000 square feet, and a minimum parcel area per unit of 1,500 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 45 feet. The permitted residential building types are detached house, lot line house, two-unit townhouse, three-unit townhouse, two-unit house, multi-dwelling house, multi-dwelling building, and mixed-use building.

The rezoning would increase the density from one dwelling unit per 5,400 square feet of parcel area to one dwelling unit per 1,500 square feet of parcel area. With the current R5.4 zoning, the zoning parcel would allow 1 dwelling unit. Under the proposed RM1.5 zoning, the zoning parcel would allow 6 dwelling units. The side interior setback would decrease from 7.5 feet to 5 feet. The maximum permitted height would increase to 45 feet.

The proposed RM1.5 zoning district would permit Library/Cultural Exhibit, College/University, Fraternity/Sorority, Office, Personal Improvement Service, Residential Support Services, and Wireless Communication Facility - ground-mounted support structure uses. Residential Storage Warehouse, Non-Accessory Parking, and Water Testing Laboratory uses would become conditional.

Information on the R5.4 Residential and RM1.5 Residential (multi-dwelling) 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 Franklin to the Fort Neighborhood and Council Ward 6.

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, September 9, 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, September 3, 2024, at 6:00 pm – Public Hearing

Land Use and Planning Committee: Wednesday, September 18, 2024, (Time TBD) – Informational Meeting

City Council: Monday, September 23, 2024, at 6:00 pm – Public Hearing, Final Consideration & Vote on Rezoning

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, August 26, 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)

The Planning Board public hearing will be held in the Sophie Moise 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 PLANNER:

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

UPDATE: The subdivision and rezoning request was approved on October 28th, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

Development Services has received a request from Professional Consultants, Inc., on behalf of Meadowview Partners, LLC, for a 97-lot major subdivision and rezone of 31.47 acres located at 4824 Clearview Way that can be legally described as Tract 1 of Certificate of Survey No. 4969 and Tract A of Certificate of Survey No. 6904 in the Southeast ¼ of Section 6, Township 12 North, Range 19 West, P.M.M. and a parcel of land in the Southwest ¼ of the Northeast ¼ of Section 6, Township 12 North, Range 19 West, P.M.M., recorded in records of Missoula County, Montana, at Page 1453 of Book 463 Micro. The subject property is located in City Council Ward 5 and is partially within the Moose Can Gully and South 39th Street Neighborhood Council areas. The proposed subdivision is named Meadow View Homes Subdivision.

The proposed subdivision is within Missoula City limits and is zoned R40 Residential 40. The proposal includes a request to rezone the subject property to RT5.4 Residential 5.4 (two-unit/townhouse). The permitted residential building types in the R40 zoning district are detached houses and lot-line houses while the RT5.4 zoning district allows detached houses, lot-line houses, two-unit townhouses and two-unit houses (duplexes). The required setbacks in the R40 zoning district are 25 feet in the front and rear and 15 feet on the sides. The required setbacks in the RT5.4 zoning district are 20 feet in the front and rear and 7.5 feet on the sides. The maximum height limits are the same for both the R40 and RT5.4 zoning districts. The R40 zoning district requires a minimum parcel area of 40,000 square feet, and a minimum of 40,000 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.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here:

https://www.ci.missoula.mt.us/3304/Meadow-View-Homes-Subdivision-Rezone

PROJECT TIMELINE:

City Council Consent Agenda: October 7th at 6:00 PM – First reading of the rezoning ordinance & refer to the City Council Land Use and Planning Committee

Planning Board: October 15th at 6:00 PM – Planning Board Public Hearing

Land Use and Planning Committee: October 23rd (time TBD) – Informational Item

City Council: October 28th 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, September 13^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.

UPDATE: The rezoning request was approved on August 26, 2024. This case is now closed for comment.

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.