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Clark Fork Terrace No. 1 A proposal by Neighborhoods by Design, LLC, represented by WGM Group 38 residential lots on 27.16 acres ---PAGE BREAK--- Located east of Deer Creek Road, south of Canyon River development ---PAGE BREAK--- Clark Fork Terrace No. 2 Clark Fork Terrace No. 1 Approved November 2007 ---PAGE BREAK--- Clark Fork Terrace No. 1 Clark Fork Terrace No. 2 Approved November 2007 ---PAGE BREAK--- Action Items for Today’s PAZ Removal of Clark Fork Terrace No. 1 from the table Suspension of the rules to hold the Clark Fork Terrace No. 1 hearing on September 21, 2009 Set the public hearing for September 21, 2009 All three votes: Consent Agenda or Committee Reports (vote: August 24th) ---PAGE BREAK--- Pre-Public Hearing Info Item Clark Fork Terrace No. 1 rezoning/subdivision ---PAGE BREAK--- Background Clark Fork Terrace No. 1 Subdivision and Rezoning deemed sufficient for review on October 1, 2008 Planning Board Hearing: December 2, 2008 PAZ: December 10th and 17th, 2008 City Council: December 22, 2008 ---PAGE BREAK--- At City Council… Concern: Clark Fork Terrace No. 1 and No. 2 “designed to mesh” with one another Clark Fork Terrace No. 2 in litigation; outcome of that litigation not known Council decision: Table Clark Fork Terrace No. 1 until June 22, 2008 ---PAGE BREAK--- Tabling Council voted on June 3, 2009 to continue Clark Fork Terrace No. 1’s tabled status until September 14, 2009 One of today’s action items: Remove Clark Fork Terrace No. 1 from the table ---PAGE BREAK--- Public Hearing: September 21, 2009 Third Monday Requires suspension of the rules Two action items: 1) Suspend the rules to hold a public hearing, and 2) Set the public hearing for September 21, 2009 ---PAGE BREAK--- Subdivision Deadline September 30, 2009 Extension granted by developer Subdivision Regulations Article 4-3(1): an extension or suspension of the review period for a subdivision cannot exceed one year Subdivision deemed sufficient October 1, 2008 ---PAGE BREAK--- Clark Fork Terrace No. 1 A request to rezone from C-RR1 in the county to RLD-2 in the city A request to subdivide 27.16 acres into 38 residential lots ---PAGE BREAK--- Zoning Currently C-RR1 in the County City Council passed a Resolution of Intent that would zone the property RLD-1 upon annexation ---PAGE BREAK--- Rezoning to RLD-2 requested Complies with Comp Plan land use designation (residential, 2 dwellings per acre) Adjacent to an annexed parcel Water, sewer services to be extended a relatively short distance to reach site Adjacent to a Collector (Deer Creek Road) ---PAGE BREAK--- Subdivision roadways proposed to be built to city standards (onsite) ---PAGE BREAK--- CONDITION Review of road plans CONDITION #16: Review of sidewalk plans ---PAGE BREAK--- CONDITION Requires elimination of cul-de-sac easement if loop road is completed CONDITION Requires cul-de-sac in the event that loop road is not completed ---PAGE BREAK--- DEER CREEK ROAD: Reconstruction required ---PAGE BREAK--- DEER CREEK ROAD: 26’ of pavement with curb and gutter (Condition ---PAGE BREAK--- DEER CREEK ROAD: Right-of-way required to be expanded by 5 feet adjacent to the subdivision ---PAGE BREAK--- DEER CREEK ROAD: Small portion of western side to be reconstructed when development occurs on that side ---PAGE BREAK--- Six short courts proposed ---PAGE BREAK--- CONDITIONS Review/installation of short courts, requirement for public rights-of-way ---PAGE BREAK--- CONDITION RSID waiver should cite all subdivision streets ---PAGE BREAK--- Condition #6 Concerns voiced at PAZ: focus of Deer Creek Road reference 6. The RSID waiver shall be amended to include Charbonneau Drive, Drouillard Drive, Ordway Lane and Deer Creek Road subject to review and approval of OPG prior to final plat approval. Subdivision Regulations Article 3-2(7) and OPG recommendation. ---PAGE BREAK--- Subdivision Traffic Much of traffic will be directed to Highway 200/Speedway intersection ---PAGE BREAK--- This Subdivision Canyon River required to redesign intersection; Clark Fork Terrace No. 1 is required to waive the right to protest future improvements to this intersection (Condition ---PAGE BREAK--- This Subdivision In the memo for City Council dated December 22, 2008, note that Condition #8 has been stricken based on concerns voiced by the developer at PAZ. ---PAGE BREAK--- Condition #8 8. The developer shall waive the right to protest future improvements to the Speedway Avenue/Highway 200 intersection, with language on the plat to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(1)(F) and City Engineering recommendation. ---PAGE BREAK--- ---PAGE BREAK--- Proposed Common Areas ---PAGE BREAK--- Five-foot walkways proposed ---PAGE BREAK--- Ten-foot wide ped easements require a variance; supported by staff ---PAGE BREAK--- Park is proposed along the east side of Deer Creek Road ---PAGE BREAK--- City Parks and Rec recommends against parkland dedicated to City here ---PAGE BREAK--- Eight-foot wide meandering pathway planned along here ---PAGE BREAK--- CONDITION #18: requires review/installation of walkway ---PAGE BREAK--- CONDITION #19: requires a provision for walkway maintenance to be placed in covenants ---PAGE BREAK--- CONDITION #30: This should be common area; meandering pathway access addressed via public non-motorized access easement ---PAGE BREAK--- Area Trails and Linkages There are a series of existing trails (Kim Williams, Canyon River Loop Trail) There are a number of potential trail linkages in the area Clark Fork Terrace No. 1 could facilitate a linkage or linkages ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- An East-West Trail Across This Subdivision Potential recognized by: – City Parks and Recreation – City-County Health – Milltown Superfund Redevelopment Working Group ---PAGE BREAK--- Support for an East-West Pedestrian Walkway in the Area Non-Motorized Transportation Plan Missoula Urban Area Open Space Plan Master Parks and Recreation Plan ---PAGE BREAK--- Regulatory Support for an East-West Pedestrian Walkway in the Area City Subdivision Regulations Article 3-2(15)(E): Non-motorized transportation facilities shall be continuous and provide access to all lots within the subdivision and access to adjoining developments unless exempted by these regulations, and shall provide circulation linkage or safe access to bus stops, schools, playgrounds, shopping, transportation, parks, common areas or open space, other lots, or non- motorized transport facilities and community facilities, which are existing or reasonably anticipated. ---PAGE BREAK--- Are There Existing Non-motorized Transport Facilities to Connect to? Nine miles of trails within Old Milwaukee right-of-way in Missoula area (Ped Finding Superfund Redevelopment Group: Provide a trail that connects to larger Bonner/Milltown/Turah/river confluence trail network (Ped Findings #9-#12) Regional Trails: Route of the Hiawatha (ID/MT), Trail of the Coeur d’ Alenes (ID) (Ped Findings #14, #15) ---PAGE BREAK--- Are There Existing Non-motorized Transport Facilities to Connect to? Regional Trails: John Wayne Pioneer Trail (WA) (Ped Findings #14, #15) ---PAGE BREAK--- Securing a Trail Along Southern Boundary (Condition #17) 10 feet wide Within a 20 foot-wide dedicated pedestrian/greenway corridor (Common Area) The corridor would be overlain with a public non-motorized access easement ---PAGE BREAK--- Securing a Trail Along Southern Boundary Article 3-8(4) allows the governing body to determine suitable locations for parks, playgrounds and trails Article 3-8(7)(C) allows pedestrian/bikeways to count toward parkland dedication Parks and Rec: This is one of two areas that should count toward parkland dedication ---PAGE BREAK--- Dedicated greenspace on eastern side of Deer Creek road Greenspace corridor with trail recommended in Condition #17 ---PAGE BREAK--- Other Regulatory Support Article 3-2(15)(A)(1): Walkways an alternative to sidewalks in common areas Article 3-2(15)(I): These facilities may be located beyond street right-of-way in order to be consistent with the Non-Motorized Transportation Plan ---PAGE BREAK--- Other Regulatory Support Article 3-8(9): common area to be connected to public streets via a non-motorized access easement Governing body may require developer to construct a trail leading to a common area ---PAGE BREAK--- Condition #12: 20’ Conditional Public Non-Motorized Access Easement ---PAGE BREAK--- Why Didn’t Staff Recommend a Conditional Easement? Difficulties with implementing trail easements required w/ approval of Clark Fork Terrace No. 2 (see Parks and Rec comment letter) Clark Fork Terrace No. 2 easements contested in lawsuit ---PAGE BREAK--- Condition #17 The applicant shall dedicate a 20’ wide pedestrian/bicycle greenway corridor overlain with a 20’ wide Public Non-Motorized Access Easement, along the southern border of the subdivision, to be reviewed and approved by City Parks and Recreation and City Engineering prior to final plat approval. Plans for a 10’ wide asphalt trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation prior to final plat approval. Subdivision Regulations Articles 3-8(4), 3-8(7)(A,C), 3-2(15)(E), 3-6 and City Engineering, City Parks and Recreation, City- County Health Department and OPG recommendation. ---PAGE BREAK--- Request from Developer’s Representative at PAZ Delete text of Condition #17 Use Condition from Clark Fork Terrace No. 2 ---PAGE BREAK--- Text of Condition in Memo 35. The final plat shall include a 20’ wide Conditional Public Non- Motorized Access Easement (NMAE) along the southern border of the subdivision. This easement shall be activated in the event that no alternative acceptable trail easement is acquired south of the subdivision within two years of final plat approval. The easement may be terminated if an acceptable trail easement is acquired within two years of final plat approval. Language referring to the terms and scope of the Conditional Public NMAE shall be included on the face of the plat and in the covenants, to be reviewed and approved by Parks and Recreation prior to final plat approval. If the easement is activated, plans for an 8’ wide asphalt trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation subject to an improvements guarantee. Subdivision Regulations Articles 3- 2(15)(E) and 3-6. ---PAGE BREAK--- Yellowstone Pipeline (YPL): Shown within a 50’ easement ---PAGE BREAK--- YPL: has not agreed to easement ---PAGE BREAK--- Condition #25: appropriate easement for pipeline ---PAGE BREAK--- Condition #24: note about location of and restrictions regarding pipeline are required to be placed on the plat and in the covenants ---PAGE BREAK--- Condition #23: plans for road construction to be reviewed by YPL; encroachment agreement required, and appropriate development provisions required for plat and covenants ---PAGE BREAK--- Bonneville Power Administration power line crosses property within a 250’ easement ---PAGE BREAK--- Condition #27 requires a land use agreement: this is a review mechanism for any work done within BPA rights-of-way ---PAGE BREAK--- Conclusion Staff/Planning Board support Clark Fork Terrace No. 1 subdivision and rezoning