Executive summary

EXECUTIVE SUMMARY

CASE PLANNER: Dale McCormick
REVIEWED AND Denise Alexander

APPROVED BY:
PUBLIC HEARINGS: MCPB: August 2^nd, 2005

BCC: August 17^th, 2005

AGENDA ITEM: #6A. Lots 1-8, Block 24 and Lots

12-15, Block 25, East Missoula Addition rezoning from C-C2 (General Commercial) to C-R2 (Residential)
APPLICANT & Jack Ballas, et al.

FEE OWNER: 315 Minnesota Avenue

Missoula, MT 59802

LOCATION OF The area to be rezoned is legally described as: Lots 1-8, Block 24

REQUEST: and Lots 12-15, Block 25 East Missoula Addition, located in Section 24, Township 13N, Range 19W, P.M.M. (See Map H).
LEGAL A legal ad was published in the Missoulian on 7/17/05 and 7/24/05.

NOTIFICATION: The area was posted at two locations and adjacent property owners within 300 feet of the property were notified by first class mail on 7/15/05
ZONING: The property is zoned C-C2 (General Commercial).
GROWTH POLICY: 2002 Missoula County Growth Policy including the Missoula Urban Comprehensive Plan 1998 Update. This plan designates the property as Community Commercial.

Surrounding Land Uses	Surrounding Zoning
North: Hwy. 200, Commercial	C-C2 (Commercial)
South: Residential	Unzoned
East: Residential	Unzoned
West: Hwy. 200, Commercial	C-C2 (Commercial)

STAFF RECOMMENDATION

THAT the rezoning request be approved.

MISSOULA CONSOLIDATED PLANNING BOARD

November 19, 2002

Agenda Item #6A

1. RECOMMENDED MOTION

THAT a resolution of intent be adopted to rezone Lot 1-8, Block 24 and Lots 12-16, Block 25, East Missoula Addition from C-C2 to C-R2 based on the findings of fact and conclusions of law in the staff report.

2. CONDITIONS

None.

3. INTRODUCTION

The Office of Planning and Grants (OPG) has received a request from Jack Ballas, et al. to rezone the property located at Lots 1-8, Block 24 and Lots 12-16, Block 25, for the purpose of retaining the residential character at this location. The applicant is proposing to change the zoning of the property from C-C2 (General Commercial) to C-R2 (Residential).
County Agencies and surrounding property owners within 300 feet of the area of rezoning were notified of the request for rezoning. Agency responses received by OPG are included at the end of this report. No public comments have been received as of issuance of the staff report.

4. FINDINGS OF FACT

The staff recommendation was made after consideration of the following findings of fact:
1. Whether the zoning is compatible with the Growth Policy

Findings of Fact:

1. 
   The applicant is proposing to change the zoning of the property from C-C2 (General Commercial) to C-R2 (Residential). Mr. Ballas, the applicant and owner of Lots 12-14, Block 25 is joined by other applicants including: Edith Kolppa, Lot 15, Block 25; Beverly Erb, Lot 1, Block 24; Donald and Joan Schusted, Lot 2, Block 24; Michaela Getschman, Lots 3 & 4, Block 24; and John Loran, Lots 5-8, Block 24, East Missoula Addition.
   
2. 
   The Missoula Urban Area Comprehensive Plan 1998 Update (MUACP) designates the area of rezoning as ”Community Commercial.”
   
3. 
   The land use designation is considered encompassing “those retail goods and services, financial institutions, business and professional offices and personal services which are routinely used by residents. These areas need to be located for convenient access.” (Page 71, MUACP) This land use description makes no reference to residential uses and therefore provides little guidance in the concept of mixing uses within certain parts of a community.
   
4. 
   The land use designation to the south, and east of the proposed rezone is Urban Residential, 6 dwelling units per acre and is mostly unzoned. The property to the north and west of Hwy. 200 has a land use designation of Highway/Heavy Commercial and is also zoned C-C2.
   
5. 
   The property proposed to be rezoned is located along Minnesota Avenue with lots on both sides of Peacock Street. Uses in the vicinity vary greatly, but the residential uses on the property were in existence at the time zoning was put in place in 1978.
   
6. 
   Adjacent uses to the northwest are primarily automobile-oriented and general commercial-type uses, such as motels, used car sales, and a diner. The uses are between Minnesota Avenue and Highway 200 and are typically oriented toward Highway 200. The rear yards are adjacent to the residential uses on Minnesota Ave. Existing uses to the east and west are also primarily general commercial with a mix of residential.
   
7. 
   The existing C-C2 zoning district allows a one family dwelling as a conditional use in the same building as other allowed commercial uses. The properties proposed to be rezoned do not include commercial uses.
   
8. 
   The property is currently developed with single-family residential uses and the applicant desires to retain that use as well as allow the possibility of Multi-Dwelling Residential uses less than 36’ high as a Condition Use and greater than 36’ high as a Special Exception.
   
9. 
   On the properties proposed to be rezoned, Minnesota Avenue serves as a dividing line between the highway heavy oriented commercial uses to the northwest and residential uses to the southeast.
   
10. 
    The goals and objectives of the Urban Comprehensive Plan emphasize the need to establish transitions between areas.
    

Conclusion of Law:

1. 
   The rezoning request does not comply with the recommended land use designation from the Comprehensive Plan, but does comply with many of the goals and objectives of the plan.
   
2. 
   The proposal to rezone from C-C2 to C-R2 will create a zoning district that serves as a higher density residential transition between the unzoned residential area to the southeast, and the commercially zoned lands to the northwest along Hwy. 200. It will also make the use conforming with the zoning.
   
3. 
   The residential uses are currently legal non-conforming uses under the C-C2 zoning.
   

2. Whether the zoning will lessen congestion in the streets

Findings of Fact:

1. 
   The property is accessed from Minnesota Avenue, a two-lane neighborhood street between Speedway Avenue, a collector street, and Hwy. 200. All of the lots proposed to be rezoned share an alley that runs along the back of the lots parallel with Minnesota Ave.
   
2. 
   Residential uses permitted in the C-R2 zoning district will demand fewer parking spaces than commercial uses permitted in the C-C2 zoning district.
   
3. 
   There will not be a change in the use of the property as a result of the rezoning.
   
4. 
   Off-street parking and loading requirements will aid in lessening congestion in the streets. Plans for any future development will be reviewed for compliance with parking and loading requirements at the time of zoning compliance permit application.
   
5. 
   County Public Works had no comments on the rezoning request.
   
6. 
   Providing residential neighborhoods close to commercial services will decrease the need for trips outside the neighborhood.
   

Conclusion of Law:

1. 
   The rezoning will not have significant impact on traffic in the area and may reduce congestion in the streets.
   

3. Whether the zoning will secure safety from fire and other dangers

4. Whether the zoning promotes the health and general welfare

Findings of Fact:

1. 
   Any new construction would need permits for plumbing and electrical as required by the State.
   
2. 
   The property is located within the Air Stagnation Zone.
   
3. 
   The property is located within an established service area for Missoula hospitals and Sheriff Department.
   
4. 
   The East Missoula Fire Station is located one block to the south on Speedway Avenue.
   
5. 
   Neither the Sheriff’s Department nor Fire Department provided any comments on the request.
   
6. 
   The Health Department did not comment on the proposal.
   

Conclusion of Law:

1. 
   No impacts to health and general welfare have been identified by the applicable agencies.
   

5. Whether the zoning provides adequate light and air; AND

6. Whether the zoning will prevent overcrowding of the land; AND

7. Whether the zoning will avoid undue concentration of population

Findings of Fact:

1. 
   There is no minimum lot-area requirement in the C-C2 zoning district. The C-R2 zoning district has a minimum 5,400 sf lot size and a maximum density of 16 dwelling units per acre (2,722 sf. per dwelling unit). Typical lots in the East Missoula Addition are 40’ by 120’ (4,800 sf).
   
2. 
   The C-C2 zoning district has a maximum 45’ building height, no minimum lot width, a 25’ front yard setback, a 10’ rear yard setback and no side yard setback.
   
3. 
   The C-R2 zoning district has a maximum 72’ building height, a 50’ minimum lot width, a 25’ front yard setback, a 25’ rear yard setback, and a 5’ or 1/3 building height side yard setback.
   
4. 
   Three of the applicants have one dwelling unit on one lot. Lot 1, Block 24; Lot 2, Block 24; and Lot 15, Block 25 are nonconforming lot sizes if this zoning change is approved. The three other applicants have one dwelling unit on two or more lots.
   
5. 
   Missoula County Zoning Resolution Chapter 7.02 (A) states “In any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Resolution, a single family dwelling and customary accessory buildings may be erected on any single lot on record at the County Clerk and Recorder the effective date of adoption or amendment of this Resolution.” The East Missoula Addition was platted in 1909. This area was zoned in 1978.
   
6. 
   Chapter 7.02 (B) of the Missoula County Zoning Resolution states “If all or part of the lots do not meet the requirements for lot widths and areas as established by this Resolution, the lots shall be deemed to be an undivided parcel for the purpose of this Resolution, and no lot or portion of said parcel which does not meet lot width and area requirements established by this Resolution shall be used or sold as a building site.”
   
7. 
   Chapter 3 of the Missoula County Zoning Resolution requires buffering, including setbacks and landscaping between commercial and residential uses.
   

Conclusion of Law:

1. 
   This rezoning will not adversely impact the provision of adequate light and air, or result in the overcrowding of the land or undue concentration of population.
   
2. 
   While all of the lots will be legal non conforming in minimum lot size, ownership of multiple lots by three of the applicants requires use of the entire ownership to come into compliance with the Missoula County Zoning Resolution No. 76-113.
   

8. Whether the zoning facilitates the adequate provision of public services

Findings of Fact:

1. 
   Sewer and water are currently available in the area. Public streets, roads, and alleys serve the area.
   
2. 
   The infrastructure available is appropriate for residential uses.
   
3. 
   The subject property is located within the Urban Growth Area.
   
4. 
   None of the review agencies consulted have identified any concerns about their ability to provide adequate services to the site.
   

Conclusion of Law:

1. 
   The zoning facilitates the adequate provision of public services.
   

9. Whether the zoning gives reasonable consideration to the character of the district

10. Whether the zoning gives consideration to the peculiar suitability of the district for the particular uses

Findings of Fact:

1. 
   Speedway Avenue to the south is a residential street; Hwy. 200, to the north, is a commercial street; Minnesota Avenue provides a transition from Commercial to Residential uses.
   
2. 
   The uses allowed in the C-R2 zoning district are more compatible with the residential uses already present in the immediate neighborhood than the commercial uses allowed in the current C-C2 zoning of the property.
   

Conclusion of Law:

1. 
   The rezoning request is suitable for the subject property and gives reasonable consideration to the character of the district.
   

11. Whether the zoning was adopted with a view toward conserving the value of the buildings

Findings of Fact:

1. 
   This rezoning request will allow less intensive uses than the current zoning and encourage the preservation of residential buildings in the neighborhood.
   
2. 
   There are no proposed changes to the buildings on the property in response to the zoning change.
   
3. 
   All of the lots proposed to be rezoned contain single-family residential structures which are considered legal nonconforming uses in the C-C2 zoning district.
   
4. 
   Section 7.03(3) of the Missoula County Zoning Resolution requires that no nonconforming use shall be enlarged or increased or extended to occupy a greater area of land.
   
5. 
   Section 7.03(3) of the Missoula County Zoning Resolution requires that if any non-conforming use of land ceases for any reason for a period of 180 days, any subsequent use of land shall conform to the zone in which such land is located.
   
6. 
   Rezoning to C-R2 will allow existing residential structures to be conforming uses.
   

Conclusion of Law:

1. 
   Rezoning to C-R2 will conserve the value of existing residential structures.
   
2. 
   The value of the buildings on nearby property will not be adversely affected by the rezoning.
   

12. Whether the zoning will encourage the most appropriate use of land throughout the county

Findings of Fact:

1. 
   Public services are readily available to the site.
   
2. 
   The majority of land uses in the area are commercial and residential.
   
3. 
   The request to rezone to the C-R2 zoning district will bring the uses on the property more into compliance with zoning, provide for uses that will transition between the existing residential and commercial areas, and meets the goals and objectives of the Comprehensive Plan.
   

Conclusion of Law:

1. 
   The rezoning request will encourage the most appropriate use of this land.
   

5. 
   AGENCY COMMENTS
   

OPG, LONG RANGE PLANNING: Agency Comment Letter dated 6/2705 (Attachment A)

HEALTH DEPARTMENT: No comment received prior to printing of staff report.
PUBLIC WORKS DEPARTMENT: No comment received prior to printing of staff report.
SHERIFF’S DEPARTMENT: No comment received prior to printing of staff report.
EAST MISSOULA FIRE DISTRICT: No comment received prior to printing of staff report.

6. ATTACHMENTS

1. 
   Agency Comment from OPG Long Range Planning Division
   
2. 
   Applicants Submittal Packet
   
3. 
   C-C2 Zoning District Standards
   
4. 
   C-R2 Zoning District Standards
   
5. 
   Project History Form
   

Memorandum

DATE: July 12, 2005

TO: Dale McCormick, OPG.

FROM: Laval Means, Long Range Planning

RE: Comprehensive Plan Analysis for Rezone request.

cc: Nancy Heil, OPG.

_________________________________________________________________________

proposal: Rezone 315 Minnesota from C-C2 (General Commercial) to C-R2 (Residential)

Land use designation: Community Commercial

Comprehensive Plan Designation: Missoula Urban Area Comprehensive Plan: 1998 update, an amendment to the 2002 Missoula County Growth Policy

Existing conditions:

The subject properties are located along Minnesota Avenue including lots on both sides of Peacock Street. Uses in the vicinity vary greatly, but the residential uses on the subject property have been in existence for some time. Adjacent uses to the northwest are primarily automobile-oriented and general commercial-type uses. The uses between Minnesota Avenue and Highway 200 are typically oriented toward Highway 200, thereby establishing the rear yards towards Minnesota. Existing uses to the east and west are also primarily general commercial with a mix of residential. County C-C2 zoning in this vicinity ends along the south property lines of the subject properties, beyond which the area is unzoned and primarily residential.

Comprehensive Plan Compliance Analysis:

Related Policies and Actions from the Comprehensive Plan:
The following policies provide guidance in allocating and developing land for residential use:

• 
  Preserve and enhance the diversity, integrity, and unique values of neighborhoods, communities, and rural areas.
  
• 
  Recognize that there may be social as well as physical limitations to the ability of an area to accommodate growth. (Page 68, Urban Comp. Plan)
  

Policies for Commercial Uses include:

• 
  Allocate land for commercial use which distinguishes between diverse land use needs and impacts and create appropriate performance standards which recognize the varying intensity of the use and ensure compatibility among uses.
  
• 
  Create smooth transitions from commercial to non-commercial uses.
  
• 
  Define limits of commercial strips and revise standards for development.
  

Analysis:
The land use designation for the area is Community Commercial, which is considered encompassing “those retail goods and services, financial institutions, business and professional offices and personal services which are routinely used by residents. These areas need to be located for convenient access.” (Page 71, Urban Comp. Plan) This land use description makes no reference to residential uses and therefore provides little guidance in the concept of mixing uses within certain parts of a community.
Existing zoning on the subject properties is for more intense commercial uses that are more appropriately located in the area between Highway 200 and Minnesota Avenue. The existing zoning of C-C2 (General Commercial) would allow more intense uses then the recommended Community Commercial land use designation. This proposal would result in less intense uses.
Consideration should also be given to the need for transition between uses. Transition can occur through the acknowledgement of residential uses within the community commercial area; through a reduction in intensity of uses; and through consideration of buffering between dissimilar uses. In this situation, there are existing residential uses and a transition from general commercial uses along Highway 200 to a blend of uses along Minnesota to Speedway and then primarily residential south of Speedway. Where residential development occurs adjacent to the existing non-residential uses, buffering should be considered.
While the proposal does not comply with the description of Community Commercial, which makes no reference to residential uses, it does further the goals and objectives of the applicable plan and overall, substantially complies. This is a preliminary review. Revision or addition to comments may still occur, depending on other agency comments.















SECTION 2.16 - C C2 GENERAL COMMERCIAL
A. Intent
This district provides for the conduct of retail trades and services that are inherently automotive and highway oriented and for commercial uses of low intensity which may require large areas of land.
B. Space and Bulk Requirements
Minimum lot area None

Minimum lot width None

Minimum required yard - front Twenty-five (25) feet

- side None

- rear Ten (10) feet

Maximum building height Forty-five (45) feet

3. 
   General Standards
   

See Supplementary Regulations - Chapter III

D. Permitted Uses
1. Transient lodging.

2. Automotive, mobile home, marine, recreational vehicle, and accessories sale and service.

3. Outdoor recreation, amusement and cultural facility.

4. Building materials, hardware, and farm equipment sale and service.

5. Eating and drinking establishment.

6. Contract construction service.

7. Wholesale trade.

8. Farm and garden supply.

9. Accessory buildings and uses.

10. Natural resource management office.

E. Conditional Uses
1. Recreational vehicle and travel trailer park.

2. One family dwelling in same building as other allowed uses.

3. Automobile service station.

4. Commercial mini warehouse.

F. Special Exceptions

1. Other retail trade and service with gross building floor area of less than one hundred thousand (100,000) square feet.

2. Professional, business, and governmental offices.

3. Public and quasi public buildings and uses.

4. Public utility installation.

SECTION 2.13 - C R2 RESIDENTIAL
A. Intent
This district provides for multi family development capable of being adequately served by public services. Planned unit developments and planned variations are encouraged to promote innovative approaches to housing and environmental design.
B. Space and Bulk Requirements
Maximum residential density Sixteen (16) dwellings per one (1) acre

Minimum lot area Five thousand four hundred (5,400) square feet

Minimum lot width Fifty (50) feet

Minimum required yard - front Twenty-five (25) feet

- side Five (5) feet or not less than one-third (1/3) of the building height, whichever is greater

- rear Twenty-five (25 feet)

Maximum building height Seventy-two (72) feet

3. 
   General Standards
   

See Supplementary Regulations - Chapter III

D. Permitted Uses
1. Single family dwelling.

2. Two family dwelling.

3. Boarding house.

4. Agriculture on lots five (5) acres or larger, including any and all structures or buildings needed to pursue such activities, except intensive agriculture use such as feed lots and poultry farms. Minimum yard setbacks of fifty (50) feet shall be maintained for all agricultural buildings.

5. Mobile homes on lots five (5) acres or larger and minimum yard setbacks of fifty (50) feet.

6. Accessory buildings and uses.

E. Conditional Uses
1. Home occupation.

2. Multiple family dwelling not more than thirty six (36) feet high.

3. Child day care home.

4. Community residential facility serving less than nine (9) persons.

F. Special Exceptions
1. Multi family dwelling of more than thirty six (36) feet high.

2. Professional office.

3. Public and quasi public buildings and uses.

4. Personal service establishment.

5. Parking lots of more than four (4) spaces for off premise parking of commercial and business use.

6. Child day care center.

7. Residential mini warehouse.

8. Public utility installation.

ZONING REQUEST PROJECT HISTORY
Project : 315 Minnesota Rezoning

Applicant: Jack Ballas

	Dates
Scoping/ Pre-application Meetings	5/3/05 Request to change zoning from C-C2 C-R2 for the purpose of retaining the residential character of the neighborhood in this location.
Certification	Submitted 6/14/05	5 Day Deadline N/A	Certified-Y/N 6/14/05
Submittal	Received 6/14/05	Accepted 6/14/05	35/60 Day Deadline N/A
Planning Board	8/2/05
Planning Status/PAZ	8/15/05
BCC/CC	8/17/05
Public Notice	Poster 7/15/05	Legal Ad 7/17/05, 7/24/05	APO letters 7/15/05