UPDATE: The 15-day notification period has ended. The Zoning Compliance Permit is approved and 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 2100 South 8^th Street West. The proposal includes the new construction of ten single detached houses and the division of the parcel into 10 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: http://www.ci.missoula.mt.us/DocumentCenter/View/64049/2022-MSS-ZCP-00032

PROJECT TIMELINE:

The Zoning Compliance Permit will be approved following the 15-day notification period.

PROJECT COMMENT DEADLINE:

Please provide your comments by January 14^th 2023. 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.

PROJECT PLANNER:

The project planner is Trey Reinhardt. He can be reached at 406-552-6041 or at reinhardtt@ci.missoula.mt.us.

UPDATE: The public forum took place on January 23, 2023. The case is now closed for comment.

PROJECT DESCRIPTION:

City of Missoula Community Planning, Development, and Innovation has received a notice from SMA Architecture and Design on behalf of the University of Montana of their intent to replace an existing sign with a larger sign at Gilkey Hall at the intersection of Arthur Ave. and Connell Ave. The proposal includes the addition of one 8’-10” tall ground sign on the southwest corner of Gilkey Hall, perpendicular to the sidewalk along Arthur Ave. The subject property is located at 950 Arthur Ave. The proposed project includes the removal of the existing informational sign at the same location on Arthur and Connell Avenues and the addition of a taller sign in the style of the University’s new wayfinding signage initiative. The size and orientation of the new design will better orient visitors to the University of Montana Campus and intends to improve vehicular, bicycle, and pedestrian campus circulation and safety.

The ground sign would be placed 5 feet from the Arthur Ave. sidewalk and 6 feet from Connell Ave. The sign will be 31.25 square feet in area and 8’-10” feet in height. The sign is composed of an illuminated black box with white text and an arrow reading ‘Harold and Priscilla Gilkey Welcome Center’ and topped with an illuminated UM logo approximately 2’-10” x 4’.

The proposed sign is larger than the maximum allowed area and height for a ground sign in the OP-3 Public Lands and Institutional zoning district (Title 20, Chapter 20.75.050). The maximum area allowed is 24 sq. ft. and the maximum height is 6 feet.

City Council is authorized by state law to hold a public hearing, known as a public forum, when a public agency proposes to use public land contrary to the local zoning regulations. The public agency in this case is the University of Montana. 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 January 23^rd, 2023 at 6:00 PM. The item will also go to Land Use and Planning Committee on January 11^th, 2023 as an informational item. 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 January 3^rd, 2023 to be included in the staff report provided to City Council. Your comments may be considered by the University of Montana when moving forward with their proposal.

PROJECT PLANNER:

The project planner is Charlie Ream and can be reached at (406) 552-6351, or reamc@ci.missoula.mt.us.

UPDATE: City Council approved the subdivision. This case is now closed for comment.

PROJECT DESCRIPTION:

An application is under review for a two-lot minor subdivision at 316 and 320 Expressway. One additional lot will be created if the subdivision is approved. The parcel currently contains two offices. The subdivision, if approved, will result in each office being on its own separate parcel. City Council may vote to approve, approve with conditions, or deny the request.

Key Dates:

Land Use and Planning Committee: December 14^th, 2022 (time TBD)

City Council: December 19^th, 2022 6:00 pm

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public meeting 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, December 5th, 2022, to be included in the staff report provided to City Council.

PROJECT PLANNER:

The project planner is Spencer Starke. They can be reached at (406) 552-6671 or Starkes@ci.missoula.mt.us.

Important Links:

City Private Development Page – Full Application Packet https://www.ci.missoula.mt.us/2947/Grant-Creek-Center-Phase-II-Lots-22A-Lot

Public Meeting Agenda – How to Attend Virtual Meetings https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

UPDATE: On November 29, 2022 Board of Adjustment approved the variance requests. This case is now closed for comment.

PROJECT DESCRIPTION:

A public hearing was scheduled for October 26^th, 2022 however a quorum was not met. The Board of Adjustment has called a Special Meeting for November 29^th, 2022 to hear the variance requests of the Montana Food Bank Network. Staff are re-noticing the project for the upcoming hearing. No changes have been made to the application packet. Agency comments submitted during the first agency comment period are included in the staff report.

Development Services has received a request from Luke Jackson with Loci Architecture & Design on behalf of the Montana Food Bank Network, for variances from the building height, front yard setback, parking and drive surface setback from property line, and parking and drive surface setback from building requirements of the Missoula Development Park Overlay for the property legally described as Lot 2 & Lot 5 in Maggie Jax Subdivision, Section 36, Township 14 North, Range 20 West, P.M.M. The applicant is requesting these variances as part of a proposal to construct a Montana Food Bank distribution warehouse to meet current and immediate food distribution needs across the state of Montana. These variance requests are in response to the property existing on a steep slope creating 114,836 square feet of no build-area.

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 Tuesday, November 29th, 2022, at 6:00 pm.

Information on how to attend the meeting virtually via Microsoft Teams and whether a hybrid or in-person option is available 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 November 29th, 2022, 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.

PROJECT DESCRIPTION

An application is under review for rezoning of property located at 2160 Carol Ann Court. The property is located one parcel East of the intersection of South Curtis Street and Carol Ann Court. It is currently developed with a single, detached house. The site is currently zoned RT10 Residential (two-unit/townhouse). The applicant is seeking to change the zoning to RT5.4 Residential (two-unit/townhouse). 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 RT10 zoning district permits detached house, duplex, and two-unit townhouse residential building types. The required setbacks are 20 feet in front and rear, 7.5 feet on interior sides, and 10 feet on street sides. The maximum height is 30 feet. This zoning district permits a density of 4 dwelling units per acre.

The RT5.4 zoning district permits all the same residential building types and uses as the RT10 zoning district, with the addition of Residential Storage Warehouse with Conditional Use approval. The required setbacks and maximum height are the same as the RT10 zoning district. This zoning district permits a density of 8 dwelling units per acre.

The subject property is in the River Road Neighborhood and Council Ward 6.

• View the entire application at the City's Private Development Page
• View the Title 20 Zoning Ordinance
• View Rezoning FAQs

KEY DATES

Planning Board: Tuesday, January 3, 2023, at 6:00 pm – Public Hearing
City Council: Monday, January 9, 2023, at 6:00 – Consent Agenda, 1^st reading of ordinance, set Council Public Hearing, & refer item to Land Use and Planning Committee
City Council: Monday, January 23, 2023, at 6:00 pm – Public Hearing
Land Use and Planning Committee: Wednesday, January 25, 2023, (Time TBD) – Informational Meeting
City Council: Monday, February 6, 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 office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Wednesday, December 21, 2022, 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 virtually via Zoom, with more information to be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes (External link)

PROJECT PLANNER
The project planner is Madson Matthias. They can be reached at (406) 552-6093 or MatthiasM@ci.missoula.mt.us.

UPDATE: The 15-day notification period has ended. The Zoning Compliance Permit is approved and this case is now closed for comment.

Townhome Exemption Development Required Notification - Application No: 2022-MSS-ZCP-00020

The City of Missoula Development Services has received a Zoning Compliance Permit from Marisa Kramer of Paradigm Architecture on behalf of the property owner, Cooper Street Group LLC, for a Townhouse Exemption Development (TED) located at 1725 Cooper Street, legally described as Lots 5 and 6, and a portion of Lot 7 of Block 85 in the School Addition, in Section 16, Township 13 North, Range 19 West. An exhibit of the location is provided below.

The project consists of five (5) TED ownership units, one detached house and two two-unit townhouses. The proposed site plan is included with this letter.

Title 20, Section 20.05.040.D.4 requires that all TED projects of more than five (5) dwelling units be notified by mail to all owners of property within 150 feet of the subject parcel at least fifteen (15) days before a zoning compliance permit is issued.

The purpose of this notification is to make you aware of this permit request in your neighborhood. This development is a permitted use, and no public hearing is required for its approval. Please contact Development Services if you need further information, telephone (406) 552-6625, or by email to cityzoner@ci.missoula.mt.us. You can also comment on this project at https://www.engagemissoula.com/development-applications.

UPDATE: On December 5, 2022 City Council approved the extension to meet conditions of annexation. This case is now closed for comment.

PROJECT DESCRIPTION:

At the request of property owner Diversified Real Estate, LLC, on December 13, 2021 the Missoula City Council annexed into city limits three parcels of land addressed as 3719, 3721, and 3723 Grant Creek Road located east of North Reserve Street at the intersection of Grant Creek Road and Howard Raser Drive.

The property is home to Diversified Plastics, a custom plastics fabrication and engineering company that is expanding its workforce and facilities to meet growing demand. The property is located in the North Reserve - Scott Street Master Plan Area and Urban Renewal District.

The annexation is subject to six conditions of approval. On behalf of the property owner, IMEG Corporation has requested a two-year extension to annexation conditions #1 and #2, which require curb, gutter, and street improvements to Howard Raser Drive and Grant Creek Road prior to occupancy of a new building addition or within one year, whichever comes first. The building addition is not yet complete and the one-year period will expire on December 13, 2022. The extension request states the timeline for project completion has been delayed due to a number of limitations including building permit review, construction materials limitations, and negotiations for tax increment financing assistance through the Missoula Redevelopment Agency.

PROJECT APPLICATION LINKS:

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

PROJECT TIMELINE:

City Council: Monday November 14, 2022 at 6:00 p.m. – Set Public Hearing and Referral to the Land Use and Planning Committee - Consent Agenda.

City Council: Monday November 28, 2022 at 6:00 pm – City Council public hearing.

Land Use and Planning Committee: Wednesday November 30, 2022 (time TBD) – Post-public hearing informational item.

City Council: Monday December 5^th, 2022 at 6:00 pm – City Council final consideration on Resolution to Amend Conditions of Annexation

All meetings will be held virtually, with more information to be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PUBLIC COMMENT DEADLINE:

Public comment will be taken by City Council until the close of the November 30, 2022 Land Use and Planning Committee meeting. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula Community Planning, Development, and Innovation office at 435 Ryman Street Missoula, MT 59802, or orally during the public meetings. Comments may be considered by City Council in its decision to approve or deny this request.

PROJECT PLANNER:

The project planner is Dave DeGrandpre. Dave can be reached at 406-529-0709 or degrandpred@ci.missoula.mt.us.

UPDATE: On November 2, 2022 the Zoning Officer approved the administrative adjustment for parcel area for one additional unit. This case is now closed for comment. The report detailing the approval is posted here: https://www.ci.missoula.mt.us/1638/Private-Development-Projects

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 675 S 5^th St W, Barley Holdings LLC, for an Administrative Adjustment to increase the number of dwelling units allowed from 15 to 16 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 15,600 square feet or 97.5% of the required 16,000 square feet needed for 16 dwelling units.

The subject property is located in the Franklin to the Fort Neighborhood Council.

PROJECT APPLICATION LINKS:

The application packet can be viewed here: https://www.ci.missoula.mt.us/DocumentCenter/View/62800/2000-S-5th-St-W-Administrative-Adjustment-Application-combined

PROJECT TIMELINE:

15-Day Noticing Period: October 18-November 1, 2022

Administrative Action: November 2, 2022

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, October 31, 2022 to be included in the staff report prepared by staff.

PROJECT PLANNER:

The project planner is Tara Porcari. She can be reached at porcarit@ci.missoula.mt.us or (406) 552-6085.

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.

UPDATE: On November 14, 2022 City Council approved the conditional use. This case is now closed for comment.

PROJECT DESCRIPTION:

The City of Missoula Development Services has received a conditional use request for a for a Tavern and Casino use to be located at 3760 Mullan Road in Missoula. The conditional uses will be located on the southeast corner of the parcel within a new proposed commercial building which will also contain Restaurant and Food and Beverage Retail Sales uses.

The subject property is zoned Neighborhood Commercial (C1-3). According to Title 20, Section 20.10.020, both a Tavern and Casino use require conditional use approval to operate in the C1-3 zoning district. Title 20, Section 20.105.040 defines a Tavern use as, “an establishment that is primarily engaged in serving alcoholic liquor for consumption on the premises and in which the serving of prepared food and meals constitutes less than 65% of the establishment's gross income. Taverns and nightclubs may offer live entertainment and dancing,” and defines a Casino use as, “any establishment that offers legalized gambling authorized under MCA Title 23, Chapter 5, Part 1 et seq., and where any one of the following characteristics applies: a. The establishment is referenced as a ‘casino’ or ‘gambling establishment’, or makes any reference to legalized gambling by signage, advertisement or by name; b. Five or more gambling machines are on the premises; or c. A card table is on the premises.”

City Council is responsible for conducting a public hearing to either approve, conditionally approve, or deny this request.

The subject property is located in the Captain John Mullan Neighborhood Council.

PROJECT APPLICATION LINKS:

You can review the full application on the City of Missoula website at www.ci.missoula.mt.us/PrivateProjects.

PROJECT TIMELINE:

City Council: October 24, 2022 at 6:00 pm – City Council consent agenda/Council refers items to Land Use and Planning Committee

City Council: November 7, 2022 at 6:00 pm – Public Hearing

Land Use & Planning Committee: November 9, 2022 time TBD – Informational meeting only

City Council: November 14, 2022 at 6:00 pm – City Council Final Consideration

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 Wednesday, October 19, 2022, to be included in the staff report provided to City Council.

PROJECT PLANNER:

The project planner is Lauren Stevens. She can be reached at (406) 552-6054 or StevensL@ci.missoula.mt.us.