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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 #1 Subdivision and Rezoning request—remove from the table, suspend the rules and set the public hearing discussion. Date: August 14, 2009 Prepared by: Tim Worley, Office of Planning and Grants Initiated by: City Council/Neighborhoods by Design, LLC, represented by WGM Group, Inc. Action Required: 1. Refer the tabled status, suspension of rules and set the public hearing for the Clark Fork Terrace No. 1 Subdivision & Rezoning request to the August 19, 2009, PAZ Committee meeting as an action item. 2. Set a public hearing for September 21, 2009, for the subdivision and rezoning request of property legally described Tract 2 of Certificate of Survey No. 5850, located in the North ½ of Section 20, T13N, R18W, from C-RR1 in the County (1 dwelling unit per acre) to RLD-2 in the City (2 dwelling units per acre). Planning Board Recommendations: See Attachment Staff Recommendations: See Attachment Timeline: City Council’s Referral to Committee: August 17, 2009 PAZ Committee Discussion: August 19, 2009 Tabled status – Action Item Suspension of the rules to have the public hearing on an abbreviated meeting – Action Item Set the public hearing for September 21, 2009 – Action Item Pre-public hearing informational item City Council Acts: August 24, 2009 (tabled status, suspension of rules, and set the hearing) Public Hearing: September 21, 2009 (Contingent on suspension of City Council Rules) Deadline: September 30, 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 ---PAGE BREAK--- 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 scheduled and noticed for December 22nd, 2008. Before opening the public hearing on December 22, 2008, 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 was scheduled to end on June 22, 2009. In accordance with Council Rule 24, City Council had the choice to remove the item from the table, or continue the item’s tabled status for an additional period of time or until a specific condition is met. City Council voted on June 3, 2009 to continue the item’s tabled status until September 14, 2009. City Subdivision Regulations Article 4-3(1) require 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. Based on the Sufficiency date for this project, September 30, 2009 is the one year deadline and the final day the public hearing for the rezoning and subdivision may be held. If City Council chooses to remove the item from the table, and set the public hearing for September 21, 2009, it then has the choice of voting on the Clark Fork Terrace No. 1 annexation, zoning and subdivision. This is contingent on suspension of the rules to hold the public hearing on September 21, 2009. The City Council vote to remove the item from the table, suspend the rules to hold a public hearing on September 21, 2009 and set the public hearing would occur on August 24, 2009. Financial Implications: Unknown Attachments: 1. Planning Board Recommendations, December 2, 2008 2. Planning Board Minutes, December 2, 2008 3. Road Memo Dated December 22, 2008 4. Staff Report and Staff Report Attachments A. Project History Form B. Comment Letter from City Fire