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Memo Item: Interim Urgency Zoning for the Property Encompassing the Preliminary Plat Approved Subdivision, The Gables Date: June 12, 2009 Prepared by: Tim Worley, Office of Planning and Grants Initiated by: OPG/City Council Action Required: Approve interim zoning for the property encompassing the preliminary plat approved The Gables Subdivision. Recommended Motion: 1. I move the City Council approve the Interim Urgency Ordinance to zone land from unzoned to RLD-4 (Rural Low Density Residential), being portions of Section 19 of Township 13 North, Range 19 West, P.M.M., 12.04 acres, as shown on Attachment A of the draft ordinance. Background : The Gables is a 42 lot subdivision on 12.04 acres approved by City Council on May 22, 2006. Prior to voting on the motion to approve the subdivision, City Council voted to approve the annexation zoning of RLD-4, which required a supermajority because of a legal protest of the zoning. The 7-5 vote fell short of the 8-vote supermajority required to pass the zoning. A subsequent motion to annex the property unzoned passed on an 8-4 vote. An extension to the two-year plat approval deadline for The Gables Subdivision was approved, allowing for a final plat submittal deadline of May 26, 2009. A request for a further extension from the applicant has been modified to become a request to create three phases for the subdivision. The unzoned status of The Gables Subdivision parcel has raised questions about possible permitted uses on the site. Discussions have included the viability of commercial uses and whether mini-storage could be an allowed use. In the event The Gables Subdivision final plat is not filed, it is possible that these or other uses inconsistent with the City Council’s approval of a residential low density subdivision design could be approved. Zoning The Gables Subdivision land RLD-4 would permit the approved subdivision to be filed. In the event the final plat for The Gables Subdivision is not filed, any approved development would have to comply with RLD-4 zoning standards. Proposal Staff recommends adoption of RLD-4 zoning for the property encompassing the preliminary plat approved subdivision, The Gables. ---PAGE BREAK--- Interim Urgency Ordinance The draft interim ordinance acknowledges that the parcel in question could be developed with commercial uses, mini-storage or in other ways that are not consistent with Council’s approval of the residential low density design of The Gables Subdivision. It is the City Council’s duty and responsibility to protect the public safety, health, and welfare on all lands within the City of Missoula. Zoning The Gables Subdivision land RLD-4 would permit the approved subdivision to be filed and in the event the final plat for The Gables Subdivision is not filed would ensure future development would also comply with the density and design regulations for the RLD-4 Residential Low Density zoning district. Legal Notification Legal notice requirements for interim zoning are not addressed in the Missoula City Zoning Ordinance; however, state law requires no less than publication of notice in a newspaper of general circulation at least 7 days before the public hearing. As recommended by the City Attorney and the Plat, Annexation and Zoning Committee staff has published a notice in the newspaper on June 7, 2009, sent notice by first class mail to all properties within 150 feet of parcel in question, and posted the area in two places. Protest Interim zoning ordinances are subject to the same protest provision as permanent zoning. If a protest is signed by owners of 25% or more of the area of the lots included in the proposed zoning, or by 25% of the owners of lots located within 150 feet of the proposed zoning, then a favorable vote of two-thirds of the present and voting members of the City Council would be required to adopt the zoning. As of the printing of this report no protest letters have been received. All citizen comment and protest letters will be distributed to the City Council through the City Clerk’s Office. Protest letters may be submitted up until the City Council’s decision. Staff will continue to monitor and calculate any protests received up to the time the Council is ready to vote on the matter. Attachments: 1. Draft Ordinance 2. City Council referral, May 15, 2009