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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Item: Clark Fork Terrace No. 1 Subdivision & Rezoning Tabling Date: May 29, 2009 Prepared by: Tim Worley, Office of Planning and Grants Initiated by: Office of Planning and Grants Action Required: 1. Approve or deny a motion to continue the tabled status of Clark Fork Terrace No. 1 to September 14, 2009. 2. Refer the tabled status of the Clark Fork Terrace No. 1 Subdivision & Rezoning request to the June 3, 2009, PAZ Committee meeting as an action item. Staff Recommendations: Staff recommends approval of the motion to continue the tabled status of Clark Fork Terrace No. 1 until September 14, 2009. Timeline: City Council’s Referral to Committee: June 1, 2009 PAZ Committee Discussion: June 3, 2009 (Action item) City Council Action: June 8, 2009 (Consent Agenda or Committee Reports) Deadline: June 22, 2009 Background: Clark Fork Terrace No. 1 is a proposal by Neighborhoods by Design, LLC, represented by WGM Group, Inc., for 38 residential lots on 27.16 acres east of Deer Creek Road and south of Interstate 90. The property is currently vacant. The applicant requested to annex the property into the City and rezone the property from C-RR1 (Residential) in the County to RLD-2 (Residential) zoning in the City. Lot sizes are proposed to range from 8,677 square feet to 21,770 square feet. Clark Fork Terrace No. 1 was deemed Sufficient for review on October 1st, 2008. The subdivision and rezoning went before the Missoula Consolidated Planning Board on December 2nd, 2008, and was a pre-public hearing informational item at PAZ on December 10th and December 17th , 2008. The City Council public hearing for Clark Fork Terrace No. 1 was held on December 22nd, 2008. At the public hearing, Council members stated a concern that the Clark Fork Terrace No. 1 subdivision was “designed to mesh” with the adjacent Clark Fork Terrace No. 2 subdivision, but that the disposition of Clark Fork Terrace No. 2 was unknown because it was in litigation at the time of the public hearing. Council therefore voted to table the subdivision for a six-month period, which ends on June 22, 2009. Council Rule 24 allows a tabled item to remain on the table for a period of up to six months. The item automatically ceases to exist unless one of the following actions occur: 1) a motion is approved to remove the ---PAGE BREAK--- item from the table; 2) a motion is approved to continue the item’s tabled status for an additional period of time or until a specific condition is met. City Subdivision Regulations Article 4-3(1) requires the governing body to approve, conditionally approve or deny a proposed subdivision within sixty (60) days of the date of the notice of sufficiency, unless the subdivider and the governing body agree to an extension or suspension of the review period not to exceed one year. The subdivider has currently agreed to grant an extension of the review period to September 30, 2009. Staff recommends that Council approve a motion to continue the item’s tabled status until September 14, 2009. If the item is removed from the table by a motion at the City Council hearing of that same date, this allows time for the subdivision to be referred to the PAZ Committee to be held on September 16, followed by a second PAZ discussion as a pre-public informational item on September 23, 2009. The subdivision and rezoning could go before City Council on September 28th, 2009, and therefore a decision could be made on the subdivision prior to the one-year limit as required by Subdivision Regulations Article 4-3(1). Financial Implications: Unknown