Development Applications

PROJECT DESCRIPTION:

Development Services received a request from IMEG Corp. on behalf of Lloyd A. Twite Family Partnership, for a phasing plan amendment request for Linda Vista Estates Subdivision, Phases 3, 4, and 5 located at 7855 Lower Miller Creek Rd, Missoula, Montana, 59803. The property is at the southern end of Missoula City limits and is surrounded by County property. Lower Miller Creek Road runs east and west through the subdivision.

This property is 94.568 acres and legally described as Tract 2 of COS 6355 Less Linda Vista Estates Subdivision, Phase 1, located in Section 13, Township 12 North, Range 20 West, P.M.M. Missoula County, Montana.

Phases 3 and 4 are zoned R5.4 Residential, and Phase 5 is zoned RM2.7 Residential (Multi-Dwelling). The applicant is requesting to extend the final plat submittal deadlines for all three phases to January 26, 2029. The subdivision preliminary plat is already approved. This request is to allow the subdivider more time to file the final subdivision plats.

The applicant is requesting to extend the deadlines for final plat submittal for these phases due to economic factors (material costs, supply shortages, etc.) and contractor availability delays. It is anticipated that the planned infrastructure and utility extensions for Phases 3 and 4 will result in these two phases being filed concurrently.

The subdivision includes a central 6.84 public park just south of Lower Miller Creek Road, and a central common area leading from the park to a common area along the southern boundary of Phases 3 and 4. Phases 3 and 4 include single dwelling lots and Phase 5 is a multi-dwelling lot for up to 132 dwelling units.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://ci.missoula.mt.us/DocumentCenter/View/73502/Final-Submittal_combined

PROJECT TIMELINE:

Land Use and Planning Committee: Wednesday, November 6, 2024, (Time TBD)

City Council: Monday, November 18, 2024, at 6:30 PM

All meetings will be held in a hybrid format, with the option to attend in-person or virtually via Microsoft TEAMs.

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:

Public comment will be taken by City Council until the meetings 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. Provide your comment by Wednesday, October 30, 2024, to accompany the staff report provided to City Council. Your comments will be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNER:

The project planners are Kristin Spadafore, who can be reached at (406) 552-6152 or spadaforek@ci.missoula.mt.us.

SUBDIVISION REGULATIONS FOR PHASING PLANS EXTENSIONS/AMENDMENTS:

Deemed Sufficient for Preliminary Plat Review prior to May 8, 2017

4-070.4.B.General

(1) The subdivider must submit the final plat or request a phasing plan extension/amendment to the approval period, prior to the submittal deadline of the City Council approved phasing plan. If an extension or amendment has not been requested prior to the deadline the preliminary plat approval is expired.

(2) Final plats of subdivision approved for phased development must be filed sequentially in accordance with the approval.

4-070.4:

D. All phases must be submitted for review and approved, or denied, within 20 years of the preliminary plat approval of the phased development application.

E. The governing body shall issue a written statement of the decision which shall include supplemental findings of fact for any additional conditions imposed

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

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

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

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

PROJECT DESCRIPTION:

An application is under review for rezoning of the property located at 2139 South 7th Street West. The property is located near the intersection of South 7th Street West and Lynn Lane. It is currently vacant.

The applicant requests a rezone from R5.4 Residential to RM1.5 Residential (multi-dwelling). 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 R5.4 Residential zoning district requires a minimum parcel area of 5,400 square feet, and a minimum parcel area per unit of 5,400 square feet. The required setbacks are 20 feet in the front and rear, 7.5 feet on interior sides, and 10 feet for street sides. The maximum height is 30 or 35 feet, depending on roof pitch. The permitted residential building types are detached house, lot line house, and mixed-use building.

The RM1.5 Residential (multi-dwelling) zoning district requires a minimum parcel area of 3,000 square feet, and a minimum parcel area per unit of 1,500 square feet. The required setbacks are 20 feet in the front and rear, 5 feet on interior sides, and 10 feet for street sides. The maximum height is 45 feet. The permitted residential building types are detached house, lot line house, two-unit townhouse, three-unit townhouse, two-unit house, multi-dwelling house, multi-dwelling building, and mixed-use building.

The rezoning would increase the density from one dwelling unit per 5,400 square feet of parcel area to one dwelling unit per 1,500 square feet of parcel area. With the current R5.4 zoning, the zoning parcel would allow 1 dwelling unit. Under the proposed RM1.5 zoning, the zoning parcel would allow 6 dwelling units. The side interior setback would decrease from 7.5 feet to 5 feet. The maximum permitted height would increase to 45 feet.

The proposed RM1.5 zoning district would permit Library/Cultural Exhibit, College/University, Fraternity/Sorority, Office, Personal Improvement Service, Residential Support Services, and Wireless Communication Facility - ground-mounted support structure uses. Residential Storage Warehouse, Non-Accessory Parking, and Water Testing Laboratory uses would become conditional.

Information on the R5.4 Residential and RM1.5 Residential (multi-dwelling) zoning designations can be found in Title 20 at the following link: https://library.municode.com/mt/missoula/codes/municipal_code

For general rezoning information, review the FAQ’s on this page.

The subject property is in Franklin to the Fort Neighborhood and Council Ward 6.

PROJECT APPLICATION LINKS:

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

KEY DATES:

City Council: Monday, September 9, 2024, at 6:00 – Consent Agenda, 1^st reading of ordinance, set Council Public Hearing, & refer item to Land Use and Planning Committee. No presentation.

Planning Board: Tuesday, September 3, 2024, at 6:00 pm – Public Hearing

Land Use and Planning Committee: Wednesday, September 18, 2024, (Time TBD) – Informational Meeting

City Council: Monday, September 23, 2024, at 6:00 pm – Public Hearing, Final Consideration & Vote on Rezoning

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 Tuesday, August 26, 2024, 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 the City Council chambers and virtually via Microsoft TEAMs, with more information to be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)

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 PLANNER:

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

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.

UPDATE: The rezoning request was approved on August 26, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

An application is under review for rezoning of property located at 715 & 725 W. Central Ave. The property is located on the block west of Washington Middle School and across the street from Southside Lions Park. The request is to rezone two parcels from RM1-35 Residential (multi-dwelling) to B2-2 Community Business. 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.

Currently zoned RM1-35, the buildings occupying the subject parcels are operating as legal non-conforming multi-tenant commercial businesses. The rezone request of B2-2 aligns with Our Missoula Growth Policy and community business is supported by the Midtown Master Plan. Title 20 Table 20.10-1 outlines uses allowed in Business Districts.

The B2-2 Community Business zoning district has no minimum parcel area, except a minimum 3,000 square feet parcel area is required for single-purpose residential and mixed-use buildings. The minimum parcel area per dwelling unit is 1,000 square feet and there is no minimum parcel area per unit for vertical mixed-use buildings. The setbacks and building height of the B2-2 zoning district are as follows:

Setbacks:

Front - (North) - Front setbacks are required only when a Business or Commercially zoned parcel abuts a Residentially zoned parcel with frontage on the same street. In such cases, the B- or C-zoned parcel must match the actual front setback of the building that exists on the abutting R-zoned parcel, but no greater than the required setback for the abutting R-zoned parcel. In this case, a 20-foot front setback may be required unless the abutting structures are set back less than 20 feet from the front property line.

Side – 5 ft. Applicable to the east and west property lines since they will abut residential zoning.

Rear - (Alley) – None

Max Height: 50 ft., however for parcels abutting R districts that have a maximum allowed building height of 35 feet or less, this is the maximum building height at the point of the required minimum setback line is 35 feet. Height may be increased above 35 feet by up to one foot (vertical) for each 6 inches of building setback or upper floor step-back.

The subject property is in Rose Park Neighborhood and Council Ward 4.

PROJECT APPLICATION LINKS:

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

PROJECT TIMELINE:

City Council: Monday, August 5, at 6:00 – Consent Agenda, 1^st reading of ordinance, set Council Public Hearing, & refer item to Land Use and Planning Committee

Planning Board: Tuesday, August 6, 2024, at 6:00 pm – Public Hearing

Land Use and Planning Committee: Wednesday, August 21, 2024, (Time TBD) – Informational Meeting

City Council: Monday, August 26, 2024, at 6:00 pm – Public Hearing

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 July 17, 2024, to be included in the staff report provided to Planning Board and City Council. Your comments may be considered by Planning Board and City Council in their decision to approve or deny this request.

All City Council meetings will be held in a hybrid format, in person at the City Council chambers and virtually via Microsoft TEAMs, with more information to be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)

The Planning Board meeting will be held in a hybrid format from the Sophie Moiese Room of the County Courthouse.

PROJECT PLANNER:

The project planner is Jon Sand. They can be reached at (406) 552-6629 or sandj@ci.missoula.mt.us.

UPDATE: This project has been postponed.

PROJECT DESCRIPTION:

The City of Missoula is reviewing a petition from Jamie Erbacher of WGM Group, on behalf of property owner Perry Ashby, requesting annexation of 2512 Olofson, legally described as Lot E of Orchard Homes, Section 19, Township 13 North, Range 19 West, Missoula County, Montana, P.M.M., into the City of Missoula, and zoning upon annexation of C1-3 Neighborhood Commercial with Design Excellence Overlay - Corridor Typology 4.

The lot encompasses 27,312 square feet (0.63 acres) and is currently zoned “Neighborhood Center” in the County, with a land use designation in the ‘Our Missoula’ City Growth Policy of Community Mixed Use. Upon annexation into the City of Missoula, the applicant has requested City zoning of C1-3 Neighborhood Commercial with Design Excellence Overlay - Corridor Typology 4 which is identified as a relatable zoning district under the Growth Policy. The C1-3 zoning district has no setbacks when the property is not abutting a residential zoning district. There is a residential zoning district abutting the northern boundary of the subject property and setbacks may apply subject to Title 20, Section 20.10.030. The maximum allowed height is 65 feet unless abutting residential. The subject property abuts a residential zoning district to the north and is therefore subject to Title 20, Section 20.10.030. The C1-3 zoning district allows for residential and commercial development and would allow 27 dwelling units to be developed on the subject property.

PROJECT APPLICATION LINKS:

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

PROJECT TIMELINE:

City Council: Monday, August 5, 2024, at 6:00 p.m. - Adopt Resolution of Intent, Set Public Hearing and Refer to LUP on Consent Agenda.

Land Use and Planning Committee: Wednesday, August 21, 2024 (Time TBD) – Informational item.

City Council: Monday, August 26, 2024, at 6:00 pm – City Council Public Hearing and Final Consideration on Resolution to Annex

All meetings will be held in a hybrid format. To attend the City Council public hearing in person, please go to Council Chambers at 140 W. Pine Street. To attend 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 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, August 14, 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 planner is Charlie Ream. They can be reached at 406-552-6351 or reamc@ci.missoula.mt.us.

PROJECT DESCRIPTION:

Development Services received a request from Cushing Terrell, on behalf of Pando Holdings, for a phased 248-lot major subdivision, annexation of 41.34 acres, and rezoning of the property located at and nearby 1600 Rimel Rd in Missoula adjacent to Hillview Way. Once complete, the subdivision would contain 21 townhome lots, 226 single-family lots, and 1 multi-family lot with 203 units. The property consists of 106.6 acres within seven parcels, two of which are already within City limits and five parcels to be annexed as a part of this proposal. The legal description can be summarized as seven tracts of land in the southwest quarter of the southwest quarter of Section 5 and the southeast quarter of Section 6, Township 12 North, Range 19 West, P.M.M. Missoula County, Montana.

The property abuts either existing residential development (generally to the west) or residential zoning (generally vacant at this time to the east) on all sides and one religious assembly use to the south. Another upcoming subdivision proposal, Meadow View Homes, is located nearby at the northwest corner across Hillview Way. The property was historically used for pasture grazing and a single-family home on site will be removed as a part of the proposal.

The proposed design is broken into 7 phases and improvements include the extension of a new collector road off Rimel Road, new water and sewer infrastructure, additional parkland, trail connections, and improvements to Hillview Way. The first phase of the proposed subdivision is the multi-family development currently permitted and under construction at the southwest parcel of the project area off Hillview Way.

The two parcels currently located within Missoula city limits are zoned a mix of RM1-35 Residential (multi-dwelling), RM0.5 Residential (multi-dwelling), R8 Residential, and B2-1 Community Business. The Hillview Heights Overlay also encompasses a portion of the western part of the site. The five parcels currently located in the County are zoned Residential (R) under Missoula County Zoning Regulations.

The proposed zoning for the site includes RM0.5 Residential (multi-dwelling), RM1-35 Residential (multi-dwelling), and R5.4 Residential. The proposal also requests the removal of the Hillview Heights overlay. The requested rezone is proposed to remove split-zoning currently in place on the property and to provide appropriate zoning for the future proposed residential development with higher density development located closer to Hillview Way and single-family uses as the site moves east and steepens.

The proposed zoning designations allow for a wide range of housing types including multi-dwelling buildings, townhomes, and single-family residences. The City’s Our Missoula Growth Policy identifies land use designations for the property of Residential High Density (24 – 43 dwelling units per acre) on the west side of the subject property and Residential Medium Density (3 – 11 dwelling units per acre) as you move east across the site. If developed as proposed, the subdivision would result in an overall density of just over 4 dwelling units per acre, which aligns with the general intent set forth in the Growth Policy, especially given that the proposal calls out higher density development to the west along Hillview Way and less dense development moving east, which upholds with Growth Policy recommendations.

The subdivision includes 7.8 acres of dedicated parkland that includes a new 8-foot wide gravel path connecting Moose Can Gully Trail to Rimel Road and an extensive network of less invasive singletrack

trails. In addition to parkland, 21.9 acres of common area would be accessible to residents and the public. The common areas are integrated into the overall layout of residential lots, providing additional trail connections throughout the neighborhood.

The subdivision includes six variance requests from the City Subdivision Regulations relating to allowing one dead-end street, exceeding block lengths in three different areas, accepting a trail alignment along Rimel Rd not fully meeting street/sidewalk standards, and permitting alleys to provide primary vehicular access to five lots.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://www.ci.missoula.mt.us/3308/Wildroot-Subdivision

PROJECT TIMELINE:

· City Council Consent Agenda: August 19, 2024 at 6:00 PM – Resolution of intent to annex, first reading of a zoning ordinance, refer the item to the Land Use and Planning Committee, and set a Public Hearing.

· Planning Board: August 20, 2024 at 6:00 PM – Planning Board (City/County) Public Hearing

· Land Use and Planning Committee: August 28, 2024 at TBD – Informational Item (no decision)

· City Council: September 9, 2024 at 6:00 PM – City Council Public Hearing and Decision

All meetings will be held in a hybrid format, with the option to attend in-person or virtually via Microsoft TEAMs videoconferencing. To attend remotely, TEAMs links will be available on meeting agendas at the time of posting.

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 Development Services office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Friday, August 9, 2024, to be included in the staff report provided to the Planning Board. Your comments will be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNER: The project planner is Tara Porcari, who can be reached at porcarit@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:

a. Whether the zoning is made in accordance with a growth policy;

b. Whether the zoning is designed to secure safety from fire and other dangers;

c. Whether the zoning is designed to promote public health, public safety , and the general welfare;

d. Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

e. Whether the zoning considers the reasonable provision of adequate light and air;

f. Whether the zoning considers the effect on motorized and nonmotorized transportation systems;

g. Whether the zoning considers the promotion of compatible urban growth;

h. Whether the zoning considers the character of the district and its peculiar suitability for particular uses; and

i. 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:

a. The area of the parcels that are the subject of the proposed change; or

b. 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:

o Impact on agriculture;

o Impact on agriculture water user facilities;

o Impact on local services;

o Impact on the natural environment;

o Impact on wildlife;

o Impact on wildlife habitat; and

o Impact on public health and safety.

UPDATE: This Public Forum was heard on July 8, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

City of Missoula Community Planning, Development, and Innovation has received a notice from OZ Architects on behalf of the Missoula City-County Animal Control Center of their intent to expand their facility on Butler Creek Rd, just south of I-90. The proposal includes remodeling and expanding the existing facility and adding fire suppression. The subject property is located at 6700 Butler Creek Rd, Missoula, MT 59808 and is owned by the Missoula County Airport Industrial District. The proposed project includes adding approximately 4,300 square feet of office and kennel spaces.

The proposed scope of work for the project is not permitted in Title 20 zoning code. Animal Services, Shelter/Boarding is not a permitted use in the M1-2 Limited Industrial / Missoula Development Park (MDP) Overlay zoning district, where this building is located (Title 20, Section 20.25.075.F.1.b). Expansion of an existing, legal-non conforming use into a new building addition is prohibited.

There are multiple landscaping requirements the applicant will not be meeting, including: boulevard landscaping, natural grasses standards in the MDP Overlay, fence type, height, and locations, and landscape buffers. Title 20, Section 20.25.075.I requires boulevard landscaping. The applicant will not be planting additional boulevard trees, if approved by the urban forester. Two fences are proposed for dog runs and will be 7 feet tall if approved by Engineering. Fences may not exceed five feet in height (20.25.075.L.2). The Missoula Development Park Overlay requires the front yard to contain a maximum of 20% natural grasses (20.25.075.H.1.a). The front yard will contain 69% natural grasses. Last, a landscape buffer is required along the southern property line which abuts a residential use (20.65.060). The Animal Shleter will not be installing a buffer; however, there is an existing berm along this property line.

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 Missoula County Airport Industrial District which is a County agency. 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/3230/Private-Development-Projects

PROJECT TIMELINE:

The hearing date is scheduled for July 8, 2024 at 6:00 PM. Information on how to attend the meeting 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 offices, Attn: Kristin Spadafore, at 435 Ryman Street, Missoula, MT 59802, or during the public meeting.

Your comments may be considered by the Missoula City-County Animal Control Center when moving forward with their proposal.

PROJECT PLANNER:

The project planner is Kristin Spadafore and can be reached at (406) 552-6512, or spadaforek@ci.missoula.mt.us.

Update: This subdivision, annexation, and rezoning was approved on August 26, 2024.

PROJECT DESCRIPTION:

Development Services received a request from 406 Engineering, Inc., on behalf of Denova Northwest, for annexation of 35.28 acres of land, a 182-lot major subdivision, and rezoning located at 110 Sommers Street in East Missoula. The property abuts existing residential development to the west and north, the Clark Fork River to the east, and Interstate 90 to the south. It was historically used for agriculture and includes two residences and a kennel that are no longer occupied.

The property consists of eight existing tracts of record described as Tracts 1, 2, 3, 4, and 5 of Certificate of Survey No. 6629, Tracts 7 and 8 of Certificate of Survey No. 5298, and Tract A of Certificate of Survey No. 6338, all located in Section 19, Township 13 North, Range 18 West and Section 24, Township 13 North, Range 19 West.

The property is currently located outside of Missoula city limits and is zoned Residential (R) in Missoula County. In conjunction with annexing the property into the City of Missoula, the proposal includes a request to zone the subject property to the City’s RT5.4 Residential 5.4 (two-unit/townhouse) and apply a new Aspire Neighborhood Character Overlay zoning district. The RT5.4 zoning district permits detached houses, lot-line houses, two-unit townhouses, and two-unit houses.

The Aspire Neighborhood Character Overlay would expand the allowed uses to include multi-dwelling buildings on 10 lots (Lots 58-67) near the southern boundary of the subdivision. The overlay would also reduce front, rear, and side building setbacks throughout the subdivision and increase the percentage of front yards that may be used for parking or vehicular use. The stated intent of the overlay is to allow the creation of a variety of housing options for varying income levels within a cohesive neighborhood in compliance with the Residential Medium Density (3 – 11 dwelling units per acre) land use designation on the property under the City’s 2035 Our Missoula Growth Policy. If developed as proposed, the subdivision would result in approximately 7 dwelling units per acre.

The subdivision includes two public park areas including a 2.4-acre linear park with an 8-foot wide pedestrian path proposed along the top of the Clark Fork River bank and a 1.73-acre park abutting the existing Missoula County Canyon View Park at the subdivision’s west boundary.

The subdivision includes eight variance requests from the City Subdivision Regulations relating to reduced street right-of-way widths, eliminating a sidewalk along one side of a street for 460 feet, extending the maximum block lengths in several locations, and allowing alleys to provide primary vehicular access to three lots.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://www.ci.missoula.mt.us/3310/Aspire-Subdivision

PROJECT TIMELINE:

Developer Sponsored Neighborhood Meeting: June 27, 2024 6:00 – 7:30 PM at Mount Jumbo School

City Council Consent Agenda: July 15, 2024 at 6:00 PM – Resolution of intent to annex, first reading of a zoning ordinance, and refer the item to the City Council Land Use and Planning Committee

Planning Board: July 16, 2024 at 6:00 PM – Planning Board Public Hearing

Planning Board Continued: August 6, 2024 at 6:00 PM – Planning Board Public Hearing

Land Use and Planning Committee: August 7, 2024 at TBD – Informational Item (no decision)

City Council: August 12, 2024 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 Development Services office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Tuesday July 9, 2024, to be included in the staff report provided to the Planning Board. Your comments will be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNERs:

The project planners are Dave DeGrandpre, who can be reached at (406) 552-6633 or degrandpred@ci.missoula.mt.us and Kristin Spadafore, who can be reached at (406) 552-6152 or spadaforek@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.

UPDATE: The rezoning request was approved on August 26, 2024. This case is now closed for comment.

PROJECT DESCRIPTION:

An application is under review for the rezoning of 1200, 1224, 1228, 1244, 1136, and 1138 Montana Street. The subject properties are located east of Russell Street and north of Wyoming Street. They are currently developed with six detached houses.

The site is currently zoned R20 Residential, and the applicant is seeking to rezone to B2-2 Community Business. 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 existing R20 zoning district is considered low-density, allowing one detached house for every 20,000 square feet of parcel area. Based on an estimated area of 53,663 square feet, the current permitted density is two dwelling units. The district also requires the following setbacks: 20-foot front, 15-foot side, 12.5-foot street side, and 20-foot rear.

The requested B2-2 zoning district is mixed-use low intensity business, allowing for 1 dwelling unit per every 1,000 square feet of parcel area. If zoned B2-2 this lot would permit a density of 53 dwelling units. There are no required setbacks in this zoning district, except when development abuts a Residential district. The eastern-most parcel does abut a residential zoning district and will be subject to setback requirements.

The property is part of City Council Ward 3 and the River Front Neighborhood Council.

KEY DATES:

Planning Board: Tuesday, July 30th, 2024, at 6:00 pm – Public Hearing

Land Use and Planning Committee: Wednesday, August 7th, 2024, (Time TBD) – Informational Meeting

City Council: Monday, August 26th, 2024, at 6:00 pm – Public Hearing, 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 June 5^th, 2024 to be included in the staff report provided to Planning Board. Your comments will 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 who can be reached at bramlettea@ci.missoula.mt.us or (406) 552-6052.

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/3230/Private-Development-Projects

Title 20 Zoning Ordinance:

https://library.municode.com/mt/missoula/codes/municipal_code