Missoula City Council Land Use and Planning Committee Minutes

Meeting #:
Date:
Time:
-
Location:
City Council Chambers
140 W. Pine Street, Missoula , MT
Members present:
  • Michelle Cares,
  • John DiBari,
  • Heather Harp,
  • Jordan Hess,
  • Gwen Jones,
  • Julie Merritt,
  • and Heidi West
Members absent:
  • Stacie Anderson,
  • Julie Armstrong,
  • Mirtha Becerra,
  • Jesse Ramos,
  • and Bryan von Lossberg
Others present:
  • Nick Kaufman, Maureen Mann, David Edgell, Dwight Easton, Clint Burson, Jenny Baker, Ben Brewer, Jim Nugent, Laval Means, Randy Frazier, Wendy Gay


Jenny Baker, Development Services, spoke on this item and provided a PowerPoint presentation attached to the item record. Ms. Baker provided a summary of the growth policy designations for this property and surrounding areas. The applicant is requesting a designation of Neighborhood Mixed Use in the subject area. If approved, higher density and more types of use would be allowed to meet emerging public needs and would more align with a potential project of interest for the area. Ms. Baker covered the review criteria for this request. The proposed zoning is B2-1 which would permit small commercial operations in addition to residential; height would be limited to 40 feet. The request fits within the character of the surrounding area. 

Staff requests approval of the adoption amendment to the growth policy and of the ordinance to rezone three parcels of land. A public hearing will be held on September 3, 2019, at Planning Board and the final hearing is planned for September 16, 2019, at City Council. 

Nick Kaufman, WGM, provided a PowerPoint presentation on the history of the subject property. He spoke on the importance of a solid infrastructure and on the need to add homes to the housing inventory. He highlighted that connectivity could happen if the BUILD grant is approved. The current zoning is in a Title 19 district and is more intensive than the current growth policy. The major demand in Missoula is for affordable home ownership. Mr. Kaufman provided a preliminary site plan which includes an estimated 84 housing structures. He informed that several neighborhood meetings will occur. 

Heidi West asked if the streets built will be public streets. Nick Kaufman said that the connectivity streets will be public; alleys will be private and will serve the homeowners. 

Jordan Hess shared comment received from the Captain Mullan neighborhood requesting mitigation when development happens. Nick Kaufman assured open space and parks are planned which creates a sense of neighborhood. Commercial uses planned are low intensity and would likely be neighborhood services such as daycare, barber/beauty shop, and eatery in nature. Deed restrictions may be able to address the concerns listed in the letter. Heidi West suggested allowing in-home daycare when the association regulations are written; Jenny Baker informed that in-home daycare businesses as a small scale operation are allowed by right in zoning. 

Michelle Cares asked about the intersection of Flynn and Mullan. Nick Kaufman stated that Flynn will remain a stop sign-controlled intersection; Mary Jane Boulevard will be the collector road as has been planned over many years. 

Jordan Hess spoke on concerns for review if conditions cannot occur. Jenny Baker provided a summary of the process for subdivision and TEDs. Nick Kaufman spoke on deed restrictions as a tool and assured good design. John DiBari cautioned the use of deed restriction and encouraged a different mechanism as to not limit future development. 

John DiBari asked if this proposal was denser than Hellgate Meadows Special District. Nick Kaufman spoke on the layout as it fits in the area; the higher density is planned thoughtfully. A request to be grandfathered so the TED regulations would apply that were in effect when discussions began about this project with Development Services staff. Mr. Kaufman informed that phasing is done for financing reasons and to ensure overbuilding does not occur; the market will decide how fast the project happens. Phasing includes logical infrastructure development. 

Jill Allard spoke on the current traffic experience in this area and cautioned about building to a density that could add to issues such as parking, traffic, and emergency access.

Rosemary Thurston shared concerns with allowing building to a height of 40 to 50 feet. She stated that parking shortages in an area that has a high density could impact public safety. 

Lou Scharise spoke on current density in the area that negatively impacts traffic. Infrastructure has not been maintained. He questioned whether criteria had been met that would allow for the approval of the rezoning request. He encouraged the building of single-family homes and light commercial in the subject area.

Michelle Cares made both motions and asked that this item to return to Land Use and Planning after it is discussed at Planning Board on September 3, 2019.

Julie Merritt announced she would be abstaining from voting. 

Nick Kaufman shared that a neighborhood meeting on this item will be held at Crosspoint Church on Mullan Road from 7:00 pm to 8:30 pm. The purpose of the meeting will be to take comment from the interested public. 

  • Moved ByMichelle Cares

    Adopt a resolution of intention to adopt the amendment to the "Our Missoula 2035 City Growth Policy" land use designation map from Residential Medium to Neighborhood Mixed Use for 57.5 acres of land north of Mullan road, east of Flynn Lane, and legally described and shown in Exhibit A and set a public hearing on September 16, 2019.

    For (6)Michelle Cares, John DiBari, Heather Harp, Jordan Hess, Gwen Jones, and Heidi West
    Abstain (1)Julie Merritt
    Approved (6 to 0)
  • Moved ByMichelle Cares

    [First reading and preliminary adoption] Set a public hearing on September 16, 2019 and preliminarily adopt an ordinance to rezone 57.5 acres of land north of Mullan Road, east of Flynn Lane, and west of Hellgate Meadows, as shown in Exhibit A, from Hellgate Special Zoning District to B2-1 Community Business

    For (6)Michelle Cares, John DiBari, Heather Harp, Jordan Hess, Gwen Jones, and Heidi West
    Abstain (1)Julie Merritt
    Approved (6 to 0)

Ben Brewer, Development Services, spoke on this item along with a PowerPoint presentation attached to the record. The discussion today is to share proposals for the Townhome Exemption Development (TED) Ordinance Amendments. Planning Board discussed this item and approved with requested amendments which will be covered at an upcoming Land Use & Planning meeting. 

Ben Brewer shared the TED general ordinance timeline to-date, the process is currently in the public comment period/public hearing phase. The desire is to finalize the ordinance amendment before the interim TED ordinance expires.

Ben Brewer spoke on the strategy of the TED ordinance. TEDs would be defined as a single-family residence or Townhouse residential building type only. TEDs would only be permitted in Title 20 zoning districts. Unconstrained TEDs would be permitted up to a cap (10/20) and the conditional use approval option would be removed; TEDs over the cap would be prohibited. Mr. Brewer noted that the Planning Board recommended increasing that cap to 15/30. Constrained TEDs would be prohibited (constraints/hazards). TEDs jeopardizing connectivity would be prohibited (collector roads and above). A distinction between lower density single-family districts, higher density, and multi-family zoning districts would be maintained. TED standards would align throughout Title 20 to accommodate this strategy. Minimum parcel size for new subdivisions would be removed. 

Nick Kaufman, WGM, stated that he had been working closely with Development Services on a project since May 2018.  He expressed his frustration due to not involving members of the development community in the earlier conversations related to amending the TED ordinance. He requested that projects under discussion be grandfathered to allow for approval under the previous TED ordinance. 

Clint Burson, Missoula Area Chamber of Commerce, stated that his organization cannot support the amendments due to the lack of including members of the development community in the process. The amended TED ordinance could negatively impact housing development during a time when there is a notable shortage in the inventory.

Dwight Easton, Missoula Organization of Realtors, stated that the development community is strongly opposed to many of the proposed ordinance changes. He asked the committee to examine the recommendations made by the Planning Board.

John DiBari informed that the discussion on the TED ordinance, including the Planning Board recommendations, would be on the August 28, 2019, Land Use and Planning agenda.