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Subdivision and Rezone: 123 S Curtis Street

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

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

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

City Council: September 23rd 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 26th, 2024 to be provided with the staff report to the Planning board and September 20th, 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.


Categories: Subdivision, Rezone, Ward 6, River Road
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