Category Ward 1   Show all

  • Rezoning: 1114 Poplar Street from R5.4 Residential/Blossom’s Bed and Breakfast Planned Unit Development (PUD) Overlay to R5.4 Residential

    Share Rezoning: 1114 Poplar Street from R5.4 Residential/Blossom’s Bed and Breakfast Planned Unit Development (PUD) Overlay to R5.4 Residential on Facebook Share Rezoning: 1114 Poplar Street from R5.4 Residential/Blossom’s Bed and Breakfast Planned Unit Development (PUD) Overlay to R5.4 Residential on Twitter Share Rezoning: 1114 Poplar Street from R5.4 Residential/Blossom’s Bed and Breakfast Planned Unit Development (PUD) Overlay to R5.4 Residential on Linkedin Email Rezoning: 1114 Poplar Street from R5.4 Residential/Blossom’s Bed and Breakfast Planned Unit Development (PUD) Overlay to R5.4 Residential link
    CLOSED: This discussion has concluded.
    supporting image

    UPDATE: The rezoning request was approved on April 22, 2024. This case is now closed for comment.

    PROJECT DESCRIPTION:

    An application is under review for the rezoning of 1114 Poplar Street. The subject property is located north of Interstate 90 and southeast of Van Buren St. It is currently developed with a two-unit house.

    The site is currently zoned R5.4 Residential/Blossom’s Bed and Breakfast Planned Unit Development Overlay. The applicant is seeking to remove the PUD overlay and rezone to the R5.4 Residential baseline zoning. 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 subject property went through a rezoning in 2004 for the establishment of Blossom’s Bed and Breakfast PUD overlay to supplement the existing R5.4 Residential zoning and allow for a 4-room bed and breakfast. Removal of the PUD overlay would deem the existing bed and breakfast use as a lawfully established conditional use.

    The R5.4 Residential zoning allows for detached houses and lot line houses, and the density allowed is 1 dwelling unit per 5,400 square feet. The setback requirements in R5.4 Residential zoning district are 20 feet from the front (Poplar Street) and rear (alley), 10 feet from the street side (Taylor Street), and 7.5 feet minimum (or 1/3 the building height) from the interior side. The maximum allowed height is 30/35 feet depending on the roof pitch.

    Rezoning FAQ’s are available on the righthand side of the Development Applications page on Engage Missoula.

    The subject property is in the Lower Rattlesnake Neighborhood Council and City Council Ward 1.

    PROJECT APPLICATION LINKS:

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

    KEY DATES:

    Planning Board: Tuesday, April 2nd, 2024, at 6:00 pm – Public Hearing.

    City Council: Monday April 8th, 2024 at 6:00 pm – Consent Agenda. First Reading of the Ordinance, refer item to Land Use and Planning Committee and set Council Public Hearing.

    Land Use and Planning Committee: Wednesday, April 17th, 2024, (Time TBD) – Informational Meeting.

    City Council: Monday, April 22nd, 2024, at 6:00 pm – Public Hearing and Decision 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 Monday March 22nd, 2024 for the comment to be 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. 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. She can be reached at (406) 552-6052 or bramlettea@ci.missoula.mt.us.

  • Variance Request: Fiber-Optic Utility Equipment in Setbacks

    Share Variance Request: Fiber-Optic Utility Equipment in Setbacks on Facebook Share Variance Request: Fiber-Optic Utility Equipment in Setbacks on Twitter Share Variance Request: Fiber-Optic Utility Equipment in Setbacks on Linkedin Email Variance Request: Fiber-Optic Utility Equipment in Setbacks link
    CLOSED: This discussion has concluded.
    supporting image

    Update: The Board of Adjustment approved the variance requests on September 27th. This case is now closed for comment.


    PROJECT DESCRIPTION:

    Development Services has received a request from Todd Naylor with Telephone Data Systems (TDS) Metrocom, LLC for variances to front setback, side setback, and rear setback requirements for properties located at 1527 39th Street, 1885 Mount Avenue, 2220 River Road, and 3718 Rattlesnake Drive. Setback requirements in residential zones are listed in Title 20, Table 20.05-3. The applicant is requesting these variances as part of a proposal to install fiber-optic node cabinets for a broadband network. These variance requests are in response to the utility easements existing within the front, side, and rear setback areas that ground mechanical equipment greater than 48 inches in height is not permitted to encroach into per Title 20, Section 20.110.050, Table 20.110-1.

    PROJECT APPLICATION LINKS:

    The application packet can be viewed here: https://www.ci.missoula.mt.us/1638/Private-Development-Projects

    PROJECT TIMELINE:

    The public hearing will be held by the Board of Adjustment on Wednesday, September 27th, 2023 at 6:00 pm.

    Information on how to attend the meeting virtually via Microsoft Teams or in person can be found online at: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

    PROJECT COMMENT DEADLINE:

    Public comment will be taken 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 Board of Adjustment public meeting on September 27th, 2023, at 6:00pm. Your comments may be considered by the Board of Adjustment in their decision to approve or deny this request.

    PROJECT PLANNER:

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

  • Public Forum: Scott Street Community Land Trust

    Share Public Forum: Scott Street Community Land Trust on Facebook Share Public Forum: Scott Street Community Land Trust on Twitter Share Public Forum: Scott Street Community Land Trust on Linkedin Email Public Forum: Scott Street Community Land Trust link
    CLOSED: This discussion has concluded.
    supporting image

    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.


  • Administrative Adjustment: 708 Stoddard Street– Parcel Area for One Additional Unit

    Share Administrative Adjustment: 708 Stoddard Street– Parcel Area for One Additional Unit on Facebook Share Administrative Adjustment: 708 Stoddard Street– Parcel Area for One Additional Unit on Twitter Share Administrative Adjustment: 708 Stoddard Street– Parcel Area for One Additional Unit on Linkedin Email Administrative Adjustment: 708 Stoddard Street– Parcel Area for One Additional Unit link
    CLOSED: This discussion has concluded.
    supporting image

    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.

  • Family Transfer Subdivision Exemption: 3800 Lincoln Road

    Share Family Transfer Subdivision Exemption: 3800 Lincoln Road on Facebook Share Family Transfer Subdivision Exemption: 3800 Lincoln Road on Twitter Share Family Transfer Subdivision Exemption: 3800 Lincoln Road on Linkedin Email Family Transfer Subdivision Exemption: 3800 Lincoln Road link
    CLOSED: This discussion has concluded.
    supporting image

    UPDATE: This item was held in committee twice. On May 22, 2023 City Council voted to approve the Family Transfer Subdivision Exemption. This case is now closed for comment.


    PROJECT DESCRIPTION:

    An application is under review for a family transfer subdivision exemption for the subject property located at 3800 Lincoln Road, legally described as Parcel A in Certificate of Survey (C.O.S.) 5029, a tract of land located in the NE1/4 of Section 11, Township 13 North, Range 19 West, P.M.M.

    Missoula City Subdivision Regulations, Article 8, Section 8-040.4(E)2.a.i, state that “the use of a family transfer in combination with other exemptions by the same claimant, regardless of when the other exemption was taken” requires a public hearing so the City Council may determine if the applicant is entitled to the exemption. Family transfers are exemptions to the subdivision, which means that parcels can be created without going through the full subdivision process.

    Mr. and Mrs. Christian wish to transfer 0.68 acres of land to their daughter. If approved by City Council, a 0.68-acre parcel will be created for the transfer.


    PROJECT APPLICATION LINKS:

    The application packet can be viewed here: https://www.ci.missoula.mt.us/1638/Private-Development-Projects

    PROJECT TIMELINE:

    The City Council public hearing is scheduled for May 1st, 2023, at 6:00 p.m.

    The Land Use and Planning Committee informational meeting is scheduled for May 3rd, 2023 (time TBD)

    The City Council Final Consideration meeting is scheduled for May 8th, 2023, at 6:00 p.m.

    All meetings will be held in person with an option to attend 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. Provide your comment by April 25th, 2023, 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 Trey Reinhardt. He can be reached at 552-6041, or reinhardtt@ci.missoula.mt.us

  • Public Forum: Scott Street Community Land Trust

    Share Public Forum: Scott Street Community Land Trust on Facebook Share Public Forum: Scott Street Community Land Trust on Twitter Share Public Forum: Scott Street Community Land Trust on Linkedin Email Public Forum: Scott Street Community Land Trust link
    CLOSED: This discussion has concluded.
    supporting image

    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.


  • Rezoning Request from R20 to R40 at NHN Deer Creek Road

    Share Rezoning Request from R20 to R40 at NHN Deer Creek Road on Facebook Share Rezoning Request from R20 to R40 at NHN Deer Creek Road on Twitter Share Rezoning Request from R20 to R40 at NHN Deer Creek Road on Linkedin Email Rezoning Request from R20 to R40 at NHN Deer Creek Road link
    CLOSED: This discussion has concluded.
    supporting image

    UPDATE: On April 3, 2023 City Council voted to approve the rezoning. This case is now closed for comment.

    PROJECT DESCRIPTION:

    An application is under review for rezoning of property located at NHN Deer Creek Road (Tract 2 of Certificate of Survey 5850.) The property is located one parcel east of 984 Deer Creek Road. It is currently being used for a bee pollination business. The site is currently zoned R20 Residential. The applicant is seeking to change the zoning to R40 Residential. 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 designation. City Council cannot subject the rezoning approval to conditions because state law prohibits conditions to standard zoning districts.

    The R20 zoning district permits detached houses and lot-line houses. The required setbacks are 25 feet in front and rear, 15 feet on interior sides, and 12.5 feet on street sides. The maximum height is 30 feet. This zoning district permits a density of 2 dwelling units per acre.

    The R40 zoning district permits all the same residential building types and uses as the R20 zoning district, with the addition of Animal Agriculture. The required setbacks and maximum height are the same as the R20 zoning district. This zoning district permits a density of 1 dwelling unit per acre.

    The subject property is in the Marshall Canyon Neighborhood and Council Ward 1.


    KEY DATES:

    Planning Board: Tuesday, March 7, 2023, at 6:00 pm – Public Hearing

    City Council: Monday, March 13, 2023, at 6:00 – Consent Agenda, 1st reading of ordinance, set Council Public Hearing, & refer item to Land Use and Planning Committee

    City Council: Monday, March 27, 2023, at 6:00 pm – Public Hearing

    Land Use and Planning Committee: Wednesday, March 29, 2023, (Time TBD) – Informational Meeting

    City Council: Monday, April 3, 2023, at 6:00 pm – 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 Development Services office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Please provide your comment by Monday, February 13, 2023, 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 City Council chambers at 140 W. Pine Street 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 Lauren Stevens. She can be reached at (406) 552-6054 or StevensL@ci.missoula.mt.us.


    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/DocumentCenter/View/64411/UPDATED_COMBINED

    Title 20 Zoning Ordinance: https://library.municode.com/mt/missoula/codes/municipal_code?nodeId=TIT20ZO_CH20.10BUCODI

    Rezoning FAQs:
    https://www.engagemissoula.com/rezoning-500-south-higgins-avenue/widgets/36072/faqs#6576

  • Rezoning: Scott Street M1R-2 to M1R-3

    Share Rezoning: Scott Street M1R-2 to M1R-3 on Facebook Share Rezoning: Scott Street M1R-2 to M1R-3 on Twitter Share Rezoning: Scott Street M1R-2 to M1R-3 on Linkedin Email Rezoning: Scott Street M1R-2 to M1R-3 link
    CLOSED: This discussion has concluded.
    supporting image

    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:

    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.

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

  • Subdivision Exemption: Family Transfer of Tract 1 of Certificate of Survey 6397 (Polk Street)

    Share Subdivision Exemption: Family Transfer of Tract 1 of Certificate of Survey 6397 (Polk Street) on Facebook Share Subdivision Exemption: Family Transfer of Tract 1 of Certificate of Survey 6397 (Polk Street) on Twitter Share Subdivision Exemption: Family Transfer of Tract 1 of Certificate of Survey 6397 (Polk Street) on Linkedin Email Subdivision Exemption: Family Transfer of Tract 1 of Certificate of Survey 6397 (Polk Street) link
    CLOSED: This discussion has concluded.
    supporting image

    UPDATE: On June 28th, 2021 City Council approved the subdivision exemption subject to conditions. This case is now closed for comment.


    PROJECT DESCRIPTION:

    Development Services has received a family transfer subdivision exemption request from Steve Inabnit, who is the property owner and representing himself. Mr. Inabnit wishes to transfer two tracts of land that are 0.13 acres each to his son and daughter respectively. The property is located at the corner of Polk and Poplar Streets and is legally described as Tract 1 in Certificate of Survey (COS) 6397 in Section 23, Township 13 North, Range 19 West, P.M.M.

    Montana State Law (MCA 76-3-207(1)(b)) authorize subdivision exemptions for divisions made outside of platted subdivisions for the purpose of a single gift or sale to each member of the landowner’s immediate family.

    Article 8, Section 8-040.4.E.1(e) of the City of Missoula Subdivision Regulations states that a public hearing and approval by City Council is required for a family transfer that would permit a use of the land that is not in compliance with the Growth Policy. The property is designated as a Parks and Open Space land use in the Growth Policy. Areas with this designation are open in nature and intended for use as a public park, a common area for a group of residents, or for conservation purposes. The family transfer includes proposed residential development on each tract.


    PROJECT APPLICATION LINKS:

    The application packet can be viewed here: https://www.ci.missoula.mt.us/1638/Private-Development-Projects


    PROJECT TIMELINE:

    The City Council public hearing is scheduled for June 21st, 2021 at 6:00 p.m.

    The Land Use and Planning Committee informational meeting is scheduled for June 23rd, 2021 (time TBD)

    The City Council Final Consideration meeting is scheduled for June 28th, 2021 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. Provide your comment by June 16th, 2021, 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 Emily Gluckin. She can be reached at 406-552-3091, or gluckine@ci.missoula.mt.us

  • Townhome Exemption Development: 6 Units at 812 Palmer Street

    Share Townhome Exemption Development: 6 Units at 812 Palmer Street on Facebook Share Townhome Exemption Development: 6 Units at 812 Palmer Street on Twitter Share Townhome Exemption Development: 6 Units at 812 Palmer Street on Linkedin Email Townhome Exemption Development: 6 Units at 812 Palmer Street link
    CLOSED: This discussion has concluded.
    supporting image

    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.