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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Item: Findings of Fact and Conclusions of Law, Sonata Park Rezoning and Subdivision Date: September 25, 2009 Prepared by: Janet Rhoades, Planner II, Office of Planning and Grants Initiated by: At the request of District Court Judge Robert L. Deschamps, III Action Required: 1. Determine which Council members should vote on Action 2. Adopt Findings of Fact and Conclusions of Law for Sonata Park Rezoning and Subdivision Timeline: City Council’s Referral to Committee: September 28, 2009 PAZ Committee Action: September 30, 2009 Action Item City Council Action: October 5, 2009 (Consent Agenda or Committee Report) Deadline: October 23, 2009 Background: On December 17, 2007, City Council approved the Sonata Park Subdivision, a 37-lot subdivision on 34.08 acres in the Rattlesnake, located just west of Duncan Drive on Teddy Turn, along with adopting a zoning of RLD-2 with a PUD Overlay. (The property had been previously unzoned.) Sonata Park Subdivision is currently before the District Court concerning approval of the rezoning and the subdivision. The Judge has requested that City Council adopt findings of fact that reflect the reasons for the decisions you made regarding the rezoning request, subdivision, conditions of approval, and variances. This is not a reconsideration of the project; it is only an adoption of findings of fact and conclusions of law that reflect the reasons for the decisions City Council made on Sonata Park Subdivision on December 17, 2007. In order to assist City Council in adopting findings of fact and conclusions of law, staff has prepared a draft document with the findings of fact and conclusions of law from “the record” that support the Council decision, for your consideration. Staff spent many hours reading the Minutes and watching the videos for the Planning Board, PAZ, and City Council meetings in order to include findings based on the record of this decision, which includes the subdivider’s application packet, the staff report, testimony, and discussion that occurred during the public process. Attachments: A. Draft Findings of Fact and Conclusions of Law for Sonata Park Subdivision B. Order for Remand issued by District Court Judge Robert L. Deschamps, III, on August 10, 2009 ---PAGE BREAK--- C. Public Meeting Minutes (Portions not relating to Sonata discussion have been removed in order to reduce confusion and download time.) 1. Planning Board: December 4, 2007 2. PAZ: December 5, 2007 3. City Council: December 10, 2007 (public hearing) 4. PAZ: December 12, 2007 5. PAZ: December 14, 2007 6. City Council: December 17, 2007