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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY MEMORANDUM TO: City Council FROM: Tim Worley, Office of Planning and Grants DATE: September 18, 2009 RE: Modified Condition of Approval #35, Clark Fork Terrace No. 1 Alternative language for Condition of Approval #35 was presented by a representative of the developer at the September 16, 2009 PAZ meeting: 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. If activated, the easement may be terminated by Neighborhoods by Design, its successors or assigns if an acceptable a trail easement is acquired within or adjacent to the Old Milwaukee Railroad right-of-way south of the Burlington Northern Railway tracks 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. Staff has reviewed the proposed amendments to this condition, a modified version of a condition applied to Clark Fork Terrace No. 2 Subdivision immediately to the east. Implications for adopting modified Condition of Approval #35 are as follows: • The Conditional Public Non-Motorized Access Easement (NMAE) is required to be activated within two years of final plat approval. Following activation of the easement by the city the trail easement could be terminated if any trail easement is secured within the defined area south of the subdivision. There are no parameters placed on the alternative easement for time frame, width, particular location, functionality, etc. • The developer, his successors or assigns could potentially terminate an activated trail easement containing a city-constructed trail on the property with no requirement for review or approval from City Council or any city agency. • Trail construction within a trail easement would be the responsibility of some other entity than the developer. ---PAGE BREAK--- 2 Staff continues to support Condition #17, which was also supported by Planning Board: 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. Should the developer acquire a trail easement south of the property at some point in the future, they could petition to have the on-site easement vacated. The city could review the new easement location and plans for construction of the trail as part of the on-site easement vacation request. Staff disagrees that the purpose of this easement and trail is to serve offsite users rather than the subdivision itself. This site is located on the far eastern edge of the City of Missoula. As a result of its location, the provision of non-motorized transportation routes to provide access to schools, shopping, state parks, etc. that exist or are reasonably anticipated for residents of the Clark Fork Terrace #1 Subdivision is important. The nature of an east-west trail in the subdivision, connecting with the larger pedestrian network in the area, is that a reciprocal benefit would be realized by those outside and within the subdivision.