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Public Forum: Scott Street Community Land Trust
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Update: The public forum was held by City Council on Monday, September 18th at 6:00 pm. This case is now closed for comment.
PROJECT DESCRIPTION:
City of Missoula Community Planning, Development, and Innovation has received a notice from Ravara Development LLC as part of a public-private partnership with the City of Missoula to create a minimum of 70 units on a community land trust. The subject property is located at Tract 2 of the Scott Street Development and is currently vacant. In order to facilitate the development’s alignment with City goals to create permanently affordable housing units, the following code sections will not be met and therefore will be addressed by public forum.
Two of the five buildings will not have an entrance facing the right-of-way in order to facilitate occupants a direct path to parking (Title 20, Section 20.40.090.E.1), and the site will have a deficit of up to four parking spaces (Title 20, Section 20.60.20.A). The requirement for at least 20% of the parcel to be used as designated activity area will not be met on-site, but instead will be located at Tract 3 south of Charlo Street per the Real Property Purchase and Sale Agreement between the City of Missoula and Scott Street Parcel, LLC, as outlined in Section 7(a)(vi) (Title 20, Section 20.65.020.C.1). Buffer requirements for development abutting parcels occupied by detached houses (Title 20, Section 20.65.060.A.2) will not be met due to the nature of the alley behind the project, as well as community input on overall site design. Finally, Title 20, Section 20.65.040.C.2.e, which requires landscaped islands every 135 feet of parking rows, as well as at the ends adjacent to paved driving surfaces, will also not be met.
City Council is authorized by state law to hold a public hearing, known as a public forum, when a public agency (City of Missoula) proposes to use public land contrary to the local zoning regulations. The City of Missoula is the property owner. 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/DocumentCenter/View/67392/Full-application-packet
PROJECT TIMELINE:
The hearing date is scheduled for September 18th, 2023 at 6:00 PM. 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 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.
Provide your comment by September 5th, 2023 to be included in the staff report provided to City Council. Your comments may be considered by the City of Missoula and Ravara Development LLC when moving forward with their proposal.
PROJECT PLANNER:
The project planner is Tara Porcari and can be reached at (406) 552-6085, or porcarit@ci.missoula.mt.us.
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Administrative Adjustment: 708 Stoddard Street– Parcel Area for One Additional Unit
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UPDATE: The Administrative Adjustment for one additional unit at 708 Stoddard Street was approved. This case is not closed for comment.
PROJECT DESCRIPTION:
The City of Missoula Development Services has received a request from Mike Morgan of Hoffmann-Morgan Associates, representing the owner of the property addressed 708 Stoddard St, BHK Properties LLC, for an Administrative Adjustment to increase the number of dwelling units allowed from 7 to 8 units. Title 20, Section 20.85.110.B.7 authorizes the zoning officer to approve an administrative adjustment to permit the construction of one additional residential dwelling unit on a parcel that would otherwise be prohibited solely because the parcel does not comply with the minimum parcel area standards of the subject zoning district. A request can be made for an adjustment only if the existing parcel area is at least 95% of the required minimum area.
The subject property is zoned RM1-45 (Residential Multi-Dwelling), which requires 1,000 square feet of parcel area per dwelling unit. The property is 7,800 square feet or 97.5% of the required 8,000 square feet needed for 8 dwelling units.
If approved by the Zoning Officer, the parcel will be permitted to have 8 dwelling units instead of 7.
PROJECT APPLICATION LINKS:
The application packet can be viewed here: https://www.ci.missoula.mt.us/1638/Private-Development-Projects
PROJECT TIMELINE:
15-Day Noticing Period: April 3 - April 17, 2023
Administrative Action: April 18, 2023
PROJECT COMMENT DEADLINE:
Public comment will be taken by staff until the 15-day noticing period is closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, or by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802. Provide your comment by Monday, April 17, 2023 to be included in the report prepared by staff.
PROJECT PLANNER:
The project planner is Trey Reinhardt. He can be reached at reinhardtt@ci.missoula.mt.us or (406) 552-6041.
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Public Forum: Scott Street Community Land Trust
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UPDATE: The application was withdrawn prior to the public forum. However, the applicant will be resubmitting in the near future. The project will then be rescheduled, noticing will be sent out again, and updated dates will be provided here.
PROJECT DESCRIPTION:
City of Missoula Community Planning, Development, and Innovation has received a notice from Ravara Development LLC as part of a public-private partnership with the City of Missoula to create a minimum of 70 units on a community land trust. The subject property is located at Tract 2 of the Scott Street Development and is currently vacant. In order to facilitate the development’s alignment with City goals to create permanently affordable housing units, the following code sections will not be met and therefore will be addressed by public forum.
Two of the five buildings will not have an entrance facing the right-of-way in order to facilitate occupants a direct path to parking (Title 20, Section 20.40.090.E.1). The requirement for at least 20% of the parcel to be used as designated activity area will not be met on-site, but instead will be located at Tract 3 south of Charlo Street per the Real Property Purchase and Sale Agreement between the City of Missoula and Scott Street Parcel, LLC, as outlined in Section 7(a)(vi) (Title 20, Section 20.65.020.C.1). Additionally, buffer requirements for development abutting parcels occupied by detached houses (Title 20, Section 20.65.060.A.2) will not be met due to the nature of the alley behind the project, as well as community input on overall site design.
City Council is authorized by state law to hold a public hearing, known as a public forum, when a public agency (City of Missoula) proposes to use public land contrary to the local zoning regulations. The City of Missoula is the property owner. 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/1638/Private-Development-Projects
PROJECT TIMELINE:
The hearing date is scheduled for March 6th, 2023 at 6:00 PM. 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 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.
Provide your comment by February 20th, 2023 to be included in the staff report provided to City Council. Your comments may be considered by the City of Missoula and Ravara Development LLC when moving forward with their proposal.
PROJECT PLANNER:
The project planner is Tara Porcari and can be reached at (406) 552-6085, or porcarit@ci.missoula.mt.us.
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Rezoning: Scott Street M1R-2 to M1R-3
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PROJECT DESCRIPTION:
An application is under review to rezone the subject property legally described as Tract 3 of the amended plat of Scott Street Lots, Lot 3 located in the north half of Section 16, Township 13 North, Range 19 West, P.M.M. from M1R-2 Limited Industrial-Residential to M1R-3 Limited Industrial-Residential. This rezone would result in a standard zoning district in Title 20 and may not be conditioned.
This rezone is in anticipation of mixed-use residential and commercial development.
PROJECT APPLICATION LINKS:
The application packet can be viewed here: https://www.ci.missoula.mt.us/1638/Private-Development-Projects
PROJECT TIMELINE:
The Planning Board public hearing is scheduled for January 3, 2023 at 6:00 p.m.
The Land Use and Planning Committee informational meeting is scheduled for January 25, 2023 (time TBD)
The City Council public hearing is scheduled for January 23, 2023 at 6:00 p.m.
All meetings will be held remotely, with more information to 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 meeting. Your comments may be considered by the Planning Board and City Council in their decision to approve or deny this request.
PROJECT PLANNER:
The project planner is Tara Porcari. She can be reached at 406-552-6085, or porcarit@ci.missoula.mt.us
Rezoning Frequently Asked Questions
Scott Street Rezone
Q: What is a zoning district?
A: Zoning districts regulate what uses are permitted in a particular area. They also regulate the form of development including setbacks, maximum heights, and landscaping. Zoning districts vary across town. For example, some areas like the Development Park are suited for industrial uses whereas other areas of town like the South Hills are generally more suited for residential development. To find out what zoning district applies to your property, visit “What’s My Zoning?” and look up your address.
Q: What is a rezoning?
A: A rezoning changes the zoning district for a property or area. When a rezoning request is approved, the zoning map is amended to change the zoning district boundaries. Rezoning applications require a public hearing and must be approved by Planning Board and City Council. Zoning districts are applied based on the Growth Policy land use designation. The land use designation portrays the broader goals of the area and contains related zoning districts. A land owner can only request zoning districts that relate to the land use designation.
Q: What does Planning Board and City Council consider in their decision to approve or deny a rezoning request?
A: Rezoning applications may be approved by Planning Board and City Council only when they determine that the applicable review criteria in Title 20, Section 20.85.040.G have been satisfied. The review criteria are as follows:
- Whether the proposed zoning amendment is consistent with MCA § 76-2-304:
- Whether the zoning is made in accordance with a growth policy;
- Whether the zoning is designed to secure safety from fire and other dangers;
- Whether the zoning is designed to promote public health, public safety, and the general welfare;
- Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
- Whether the zoning considers the reasonable provision of adequate light and air;
- Whether the zoning considers the effect on motorized and nonmotorized transportation systems;
- Whether the zoning considers the promotion of compatible urban growth;
- Whether the zoning considers the character of the district and its peculiar suitability for particular uses; and
- Whether the zoning conserves the value of buildings and encourages the most appropriate use of land throughout the jurisdictional area.
- Whether the proposed zoning amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition;
- Whether the proposed zoning amendment is in the best interests of the city as a whole.
Q: What does City Staff consider in making a recommendation for approval or denial of a rezoning request?
A: City Staff make a recommendation based on the findings of fact and conclusions of law in the staff report. Findings of fact are pulled from the rezoning application packet, documentation of access to infrastructure and services, the context of the surrounding neighborhood, as well as local, state, and federal regulations. The conclusions of law use the findings of fact to address whether the proposed rezoning meets the review criteria of Title 20, Section 20.85.040.G. If the conclusions of law state all of the applicable criteria have been satisfied, then City Staff recommend approval of the rezoning.
Q: Can City Council condition approval of a rezoning request?
A: Montana State Law prohibits conditioning the approval of a request to rezone from one standard zoning district in the City to another standard zoning district. City adopted standard zoning districts in the Title 20 Zoning Ordinance must have the same standards for all locations where that zoning occurs. All properties within the same zoning district must be treated equally and abide by the same regulations. Conditioning a rezoning would place more stringent requirements on one property owner than other property owners with land of the same zoning designation. Per State Law, City standard zoning districts must apply equally to all property with the same zoning designation.
Q: What is a protest petition for a rezoning?
A: State Law provides for property owners in close proximity to an area proposed for rezone to protest a rezoning. When a valid protest petition has been submitted, approval of a rezoning requires a two-thirds majority vote of those City Council members present and voting. In order to protest a rezoning, you must be a property owner of a parcel subject to the rezoning or a property owner of a parcel within 150 feet of the parcel to be rezoned. In order for the protest to be valid, the protest petition must be signed by 25% of the property owners specified above. The petition must be submitted to the zoning officer or on the public record before the City Council’s vote. We request the petition be sent to the case planner listed on the Engage Missoula page for a particular project. The case planner will ensure the petition is sent to the Zoning Officer and City Council. The petition must be submitted to allow sufficient time for the City Clerk to determine the validity of the petition. We ask that the petition be sent to the case planner at least one week prior to the City Council public hearing.
Q: What is the difference between M1R-2 and M1R-3 zoning designations?
A: Both M1-R-2 and M1R-3 are both Limited Industrial-Residential zones with the same allowed uses, building types, and site standards. The only difference between the two zoning designations is in the maximum allowable height; M1R-2 allows a maximum building height of 50 feet and the M1R-3 allows up to 65 feet.
- Whether the proposed zoning amendment is consistent with MCA § 76-2-304:
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Townhome Exemption Development: 6 Units at 812 Palmer Street
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UPDATE: On May 28, 2021 the noticing period closed. The zoning compliance permit has been approved. This case is now closed for comment.
PROJECT DESCRIPTION:
A Zoning Compliance Permit application is under review for a townhome exemption development (TED) located at 812 Palmer Street. The proposal includes the new construction of three 2-unit townhouse buildings and the division of the parcel into 6 TED ownership units.
City of Missoula zoning regulations (Title 20) require that all TED projects of more than five dwelling units provide notice to adjacent property owners within 150-feet of the property at least 15 days prior to the approval of a Zoning Compliance Permit.
The development is a permitted use and no public hearing is required for its approval, however comments on the proposal are welcome.
PROJECT APPLICATION LINKS:
The application packet can be viewed here: https://www.ci.missoula.mt.us/DocumentCenter/View/56526/2021-MSS-ZCP-00005-Application
PROJECT TIMELINE:
The Zoning Compliance Permit will be approved following the 15-day notification period.
PROJECT COMMENT DEADLINE:
Please provide your comments by May 28th, 2021.
PROJECT PLANNER:
The project planner is Emily Gluckin. She can be reached at 406-552-6621, or gluckine@ci.missoula.mt.us.
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