Subdivision and Rezone: Meadow View Homes

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.