STAFF PRESENTATION
Ben Brewer, Long Range Planning Supervisor, City of Missoula
City of Missoula Goals and Desirable Outcomes
- Equity
- Connectivity
- Climate
- Housing
- Update codes
- Project Timeline & Engagement
- When to engage Fall 2022-2025
Phase 1
- Community Launch
- Research & Awareness
Phase 2
- Define the problem.
- Identify codes and policies for equity and community needs.
Phase 3
- Scenarios for the Future
- Recognize change.
Phase 4
- Growth Policy Update & Future Land Use Map
- Affirm community vision.
Phase 5
- Development Code Update
- Culmination?
Phase 6
- Adoption of Unified Development Code
- Implementation
- Our Missoula Community Advisory Group (OMCAG)
- Touchstone to local values
- Liaison to Special Interests
- Early Sounding Board
- Outreach and Engagement Partner
OMCAG Group Members providing diverse and perspective backgrounds:
- Chris Chitty, Kat Cowley, Leslie Dallapiazza, Paul Filicetti, Bob Giordano, Adam Hertz, Thomas McClure, Alan McCormick, Heather McMilan, Aimee McQuilken, Justin Metcalf, Brittany Palmer, Tung Pham, Megan Robson, Ryan Salisbury, Bryan von Lossberg
Phase 2: Defining the problem.
- Equity in Land Use
- Understanding where Missoula has been in the past and where it is today is important when determining where it wants to be in the future.
- Equity analysis
- Background and Historical Context, Housing Affordability, Segregation, and Exclusion, Displacement and Gentrification, Advancing Equity in Land Use. Past and Present acknowledgement and timeline of indigenous history.
- Community Form Analysis
- Visual reference to examine, explain, inform on character of Growth Policy and Code
- Code Audit
- Analyzes code organization, usability, development review, and alignment of city policies.
- Housing Affordability
- Land Use Zoning regulations for housing affordability impact in 2 ways:
- Building smaller homes multiple homes on 1 lot for profit and accessible for more people
- Supply versus demand. If housing is high and supply low prices will rise.
- Expansion of Single-Dwelling Zoning in 100-year timeframe
- 64% of land is zoned for housing that less than 30% of Missoula’s households can afford. (Single Dwelling & Duplex, Exclusive Single Dwelling)
- 36% of land is zoned for housing that 15-60% of Missoula’s households can afford. (Multi-Dwelling and Commercial Mixed-Use)
- Segregation by Race, Exclusion and Ethnicity
- Comparative to underlying zoning districts analysis patterns emerge like exclusive single dwelling zones tend to have higher income levels, less diversity, and higher access to opportunities. Conversely, our higher density areas of the city tend to have lower income levels, more diversity, and lower access to opportunities.
- Neighborhood Gentrification Typology
- Identified areas in the city with vulnerable populations and early gentrification can cause displacement.
- Six principles for advancing equity in Land Use:
- Broad distributions throughout the city
- Higher density levels for smaller, more affordable homes
- Not limiting higher density housing to neighborhoods vulnerable to gentrification
- Effective Incentives
- Focus on form less on density.
- Increase access to services, opportunities, and amenities.
- Phase 2: Past Engagement Activities
- City-led discussions with stakeholders
- Common Good Missoula-led Table Talks
- Neighborhood meetings & public events
- Upcoming Current Engagement
- Revisit our Missoula Growth Policy Update, Thursday, September 14, 6:00-7:30 p.m. at the Missoula Children’s Theater 200 N. Adams Street
- Community Form refers to the framework for various streets, blocks, lots, buildings, and green spaces that are organized to create change over time as well as distinct physical patterns of development. The way neighborhoods and places around the city look, feel, and function depends on how these physical elements are designed and arranged.
- Development Patterns
- Early Urbanization Pre 1900
- Less than 1% of Rural Missoula Valley developed.
- Compact & Walkable 1900-1959
- 30% of Missoula Valley Neighborhood & Corridors developed.
- Expanding Out 1960-1989
- 30% of Missoula Valley was developed.
- Managing Growth 1990-Present
- 39% of Missoula Valley Multinodal developed.
- 8 Main Existing place types: Downtown, Main Street, Commercial Corridors, Urban Residential, Suburban Residential, Rural Residential, Industrial & Employment, and Special Purpose.
- Mixed Use/Commercial place types include downtown, main street, commercial corridors.
- Residential Place types include urban, suburban, and rural residential.
- The Current placetypes are Land Use and Density moving toward future Land Use, Intensity, Form and Mobility.
- State Land Use Bill
- Land Use Related Changes from State Law
- There are 2 types of State Law Changes. Individual Land Use Bills & SB 382 -Montana Land Use and Planning Act (MLUP)
EFFECTIVE NOW: Subdivision and zoning rules changes
- Effects subdivision review procedures
- Changes TED/Condo procedures
- Reduces parking to 1 space per unit for multi-dwelling in commercial zones.
EFFECTIVE NOW: Montana Land Use and Planning Act
- Three years to comply from May 2023
EFFECTIVE 10/1/23: Subdivision and zoning rules changes
- Effects subdivision review procedures
- Changes minor subdivision review to administrative process only.
- Changes board review processes
- Removes design standards for manufactured housing.
EFFECTIVE 1/1/24: Zoning rules changes
- Must allow for duplex housing in city zoning.
- Revises ADU requirements mostly related to design standards.
- SB382
- Public participation front load
- noticing public during policy & code development
- A new Land Use Plan and FLUM
- Develop impact analyses in policy review.
- New compliant Land Use Plan Zoning Regulations, Maps and Subdivision Regulations.
- to include 5+ prescribed housing strategies
- More administrative review of specific development projects.
- Work to be completed at planning level on broad planning issues.
- Midterm Code Amendments
- Goals & Response to midterm deliverables & accomplishments
- Strategically Update our codes to address urgent community needs while also supporting Our Missoula Project workflow and fit with additional code changes, existing policies, and State mandated land use and best planning practices.
- Phased Approach, Timeline & Scope
- Phase 1: Timeline for subdivision amendments & urgent zoning ordinance regulations
- completed October 2023
- MCPB presentation September 19th, 2023
- City Council hearing October 2023
- Key State Rules for subdivision code changes:
HB 211, SB 131, SB 152, SB 158, SB 170, SB 331
What does this mean for Phase 1 Subdivision and Zoning Code changes?
- More types of subdivision exemptions
- Reduced timelines for review for exemptions
- Removes use of conditions for exemptions
- Fewer types of projects required public hearing
- Expands viability of the expedited review
- Required 20-day review and approval process for specific divisions.
- Specified review times for the expedited review process.
- Amend Family Transfer laws.
- Create an Administrative Minor Subdivision process.
- Clarify the required subsequent public hearing date.
- Allow staff to administratively approve certain divisions, while retaining City Council approval for others.
- Remove, under certain circumstances, requirement for a public hearing on phased development review.
- Simplify and expedite the review and approval process for TEDs.
- Allow Multi-dwelling of 5 or more mixed use units in Commercial Districts.
- All residential zoning districts will be updated to a new baseline that allows by right duplex development as well as single family/detached home.
- Reduce parking requirement to a maximum of 1 space per unit or less for multi-dwelling and
- mixed-use residential units in Commercial Districts.
- No zoning change to current approach with owner occupancy or parking requirements
- Removal of some Use and building design standards for some building types; general
- assessment of extent of change is still occurring.
- ADUs
- State set minimum parameters on max unit size of ADUs, possibly resulting in larger unit size.
- design standards
- allowed in more places.
- No changes on processes for review and approval of historic preservation permits.
- The Design Review Board will not be an approving body; limitations with Design Review Board and Design Review.
- Use definitions and current allocated locations for residential day cares, religious assembly, and micro-brewery are expanded.
- Clarification on locations, creation of new definitions, and use category for data centers, digital asset mining (cryptocurrency); allows more home-based businesses.
- digital asset mining.
- Review zoning districts for alignment.
Phased Approach, Timeline & Scope
- Phase 2 Zoning Code Changes
- completed Spring 2024
- Includes implementation on October 1st, 2023, on Legislative Land Use Bills,2023 Legislative Bills effective Jan. 1, 2024, and Our Missoula Project additional code changes.
- LUP weigh in on recommendations for additional amendments - late 2023.
- Planning Board consideration - early 2024
- City Council consideration - spring 2024
- Zoning regulations Permanent Ordinance: Focus & change.
- Goal to Identify, Engage, and Educate on priorities and opportunities making changes above and beyond state mandates.
- Bills
- SB 323
- SB 528
- Duplex housing must be allowed as permitted use on any lot where a single-family residence is a permitted use.
- Zoning regulations that apply to the development or use of duplex housing may not be more restrictive than zoning regulations that are applicable to single-family residences.
- Authorizes one attached or detached ADU on every lot on which a single-family residence is allowed.
- Prohibits ADU related parking, owner occupancy, design review, or family relationship requirements.
- Prohibits impact fees or infrastructure improvements.
- What does this mean?
- All residential zoning districts will be updated to a new baseline that allows by right
- duplex development as well as single family/detached home.
- Design standards for ADU's will be reduced
- ADUs will be allowed in more place
- State set minimum parameters on maximum unit size of ADUs – could result in a
- larger maximum unit size locally
- No change to current approach to owner occupancy or parking requirements
- Additional Code Changes Informed by:
- Findings and discoveries from earlier stages of the Project
- Prominent themes from early engagement and outreach
- Having housing benefits
- Existing policy basis and result is policy neutral
- Council Interest
- Stand-alone changes that can be successful outside of broader code reform (does not require sequential changes and is not a part of a dove-tailing project to be effective)
The legislative changes are legally mandated by the state, we must comply. Many of the legislative changes represent best practices for creating affordable housing in communities that need it. We’re committed to engaging the public to define how the city will meet these mandates in a way that works best for Missoulians.
Tung Pham is now the liaison between board and advisory group.
Phase 2: Define the problem.
- Equity in Land Use, Community Form Analysis, Code Audit definitions and collaboration
- What is included in this the equity analysis?
- Background and Historical Context, Housing Affordability
- Expansion of Single Dwelling
- Affordability by Zone District
- Segregation by Race/Ethnicity
- Neighborhood Gentrification Typology
- Six principles for code reform
Phase 2: Engagement Activities
- Past Engagement
- City-led discussions with stakeholders
- Common Good Missoula-led
Phase 2:
- Current & Upcoming Engagement
- Sept 14th MCT
- What is community Form?
- Streets, blocks, lots, buildings, green spaces
- Development Patterns
- Early Urbanization
- Compact & Walkable
- Expanding Out
- Managing Growth
What is Placetype?
- Land Use and Intensity
- Community Form elements
- Available mobility options
Existing Placetypes
- Downtown, Main Street, Commercial Corridors
- Existing Placetypes: Residential and Mixed Use
- Why is Community Form Important?
Future Placetypes
Current Growth Policy and Code: Land Use & Density
- A placetype approach: Land use & Intensity & Form & Mobility moving past limited framework.
- Future Street Types
- Overview of 2023 State Land Use Bills
- Land Use changes key sequential tasks
- Context of specific elements
- Legal mandating, engagement, early code reform
- Goal educates, implement mandates, define how city meets, identify additional changes.
Land Use Related Changes from State Law
- Individual Land Use Bills
- SB 382- MT Land Use Planning Act (MLUP)
- Effective Now Subdivision and zoning rules changes
- Effective Now: MT Land Use and Planning Act
- Effective 10/1/23: Subdivision rule
- Equity, Connectivity, Climate, Housing
- MT Land Use Planning Act (SB 382)
The Bill will result in:
- Front-loading public part
- A new Land Use plan
- New Zoning Regulations
- More Subdivision Regulations
- More admin review of specific development projects.
- Approach to Midterm Code Amendments
- Focused on individual bills.
Midterm Deliverable Goal
- The strategic Midterm Deliverables Accomplish
- New State Mandates related to land use practices.
- Midterm Deliverable Phased Approach
- Phase 1: Completed by October 2023
- Includes Legislative Bills effective on or before Oct 1, 2023
Phase 2: Completed by Spring 2024
- Legislative Bills effective Jan 1, 2024, and city mission
Phase 1: Scope
Phase 1: Timeline
- Subdivision Regulations Amendments
- Zoning Regulation Urgency Ordinance
Key State Rules:
- Requiring 20-day review and approval
- Amending Family Transfer laws
- Creating an Admin Minor Subdivision
What does this mean?
Key State Rules
What does this mean?
Phase 2: Scope
Phase 2: Timeline
- LUP weigh in late 2023
- PB consideration early 2024
- City Council 2024
Key State Rules:
What does this mean?
Phase II additional code changes informed by:
- Code amendments policy neutral
- The legislative changes are legally mandated by the state comply.
- Best practices
This concluded the staff presentation.
BOARD QUESTIONS & DISCUSSION
Mr. Loomis asked for a definition on ADUs and how they are allowed in residential district. He asked about rules that apply with ADU size, parking and other requirements.
Mr. Brewer stated the area maximum is 1000 sq ft or 75% of the existing house.
Mr. Loomis noted this had been an issue of town for a while.
Mr. Brewer stated ADU rules will interact with the duplex rule. It will be worked through.
Mr. Morrissey confirmed ADU measurements. He stated ADU 75% state bill prohibits, reduces, and limits the ability to build the ADU with square feet making it significantly smaller. He asked if City of Missoula could challenge the law making it more permissive to existing smaller homes.
Mr. Brewer stated that is a common concern and a great point.
Mr. Morrissey asked for confirmation with ADU regulations in relation to Phase 2. He asked if state rules become effective Jan 2024. He asked if there would be lag time from state mandates to City modification, adoption, and implementation.
Mr. Brewer stated finding the balance between being responsive, compliant, and to the satisfaction of everyone. He stated the city was behind on some of the immediate bills that went into effect when signed. He stated the opportunity to clarify, assist in making available and accessible was now.
Mr. Schroeder commented frontloading public was a good approach to use their voice with application, approval process, and to understand development of policy and code. Helping reducing nimbyism on back end. It should clarify development process with supply to market. Getting correct at beginning crucial. If projects should comply with zoning and coding, they should be built not go through a public hearing making it political process. It could derail and add risk to development. He asked how effective will new growth policy be? He stated policy and zoning don’t match the board is continually having hearings about growth policy and aligning with rezoning and up-zoning.
Mr. Brewer confirmed issue and need for looking into where the misalignment is occurring. The goal from outset was pinpointing, evaluating, and figuring out solution. The newest layer and change to zoning with growth policy is the state land use bill. He stated with policy updates there is a timeframe and reevaluation continual every 5 years to implement regulations with zoning and subdivision.
Mr. Schroeder asked if the board should expect to have an updated growth policy and matching zoning code every few years.
Mr. Brewer confirmed that is the goal. He stated that was the goal from the inception of Our Missoula. The timeline has been accelerated making it a shorter time frame than what bill provides.
Mr. Loomis commented the city and county has made surprisingly more significant progress in last few years than the state of Montana. The difficulty comes in front-end loading and public involvement. He stated timeline slightly unrealistic, but Missoula County is already aligned. The city being not far behind. There does remain the policy of previously zoned land.
Mr. McCoy commented the focus on development is a reoccurring topic that the public is paying close attention to. He stated homeowner questions are on the ease of use with building. He asked if the bills would shed light on new projects and bring affordable revenue from homeowners to the City and County.
Mr. Brewer stated as discussed this should be accomplished. There is an overarch of specific goals and issues with the primary focus and equity in the project. The city had anticipated the step ahead of developing, designing codes/forms. To establish, anchor and create a basis for agreed upon guiding principles.
Mr. McCoy commented he’d participated in the early growth policy. He stressed importance of the advisory group having an agriculture representative. He asked if there is any focus on obtaining an individual.
Mr. Brewer confirmed importance stating there would be further conversation. The city’s intent is to create many opportunities for comment, engagement and participation.
Mr. Loomis asked what the differences between code updates and universal city/county code. How will it be integrated?
Mr. Brewer stated the aim is to produce a unified development code. Our Missoula development code a major sub struct of that is zoning. It will not unify every single code out there, being beyond scope.
Mr. Morrissey mirrored questions from Dave and Josh confirming growth policy updates every 5 years. He asked if the Unified Development Code and the Our Missoula updates were occurring simultaneously. He asked if was accurate to presume the city would go from zoning code to form based code.
Mr. Brewer clarified bill language is specific to zoning and subdivision regulations. He stated the code question had been posed a lot. He stated it is a possible in the future and approach being used elsewhere, but not an identified solution or course currently.
Mr. Morrissey stated it should be analyzed. He stated figuring out form-based code, with the best intentions and results driven goals. He asked about development of current and future street types, and right of ways. Would an be analysis completed.
Mr. Brewer stated the future idea, hope and goal for streets and right of ways is to be unified. He said there were concerns with capacity and completion with this phase. As it is a big component. He stated with this form and build environment, the streets are considerable part of that.
Mr. Schroeder asked what the amendments were to family transfer. Stating in Missoula County it is a tool that contributes to additional rural sprawl. He asked what the rules and parameters would look like.
Mr. Brewer stated that would be gone over in the next meeting. He encouraged board members and the public to use the resource and go to engage Missoula project page to look at updates. Specifically, the page called city subdivision and zoning amendments: complying with 2023 State Legislation.
Mr. Schroeder asked for confirmation on if building codes and ADA accessibility would remain administrative.
Mr. Brewer stated there may be a handful of things in building code that may be brought into the Unified Development code. He said for the most part they are to be thought of as separate bills.
Mr. McCoy asked if there were other options besides form-based code and unified development code.
Mr. Brewer stated the standard kind of zoning the city has is called Euclidean zoning. He stated it originated in New York and has been implemented for the last century. He defined it as being a type of zoning that only allows one kind of land use per zone. He stated Euclidean zoning is easier to understand and convey. He stated new form-based codes reoriented and counterbalanced away from Euclidean. He stated the general basis is the allowance to work through impacts of development, concerns and challenges.
Mr. McCoy asked if agriculture variance or conditions could occur with greenhouses. He asked if setbacks could accommodate temporary structure. Designate ag condition for setbacks to accommodate temp structures.
Mr. Brewer stated this sounds feasible. The rules written, developed, and adopted for needs of community. He reiterated state law is a parameter. He stated when the fixes and updates on the codes occur then there would be opportunity to bring it up.