Full Text
City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Item: Jim Meyer Subdivision Plat Vacation—Resolution of Intent Date: February 26, 2009 Prepared by: Tim Worley, OPG Initiated by: Trudy Smith, Professional Consultants, Inc. PAZ Action Required: Consider adoption of a Resolution of Intent to vacate the Jim Meyer Subdivision plat and schedule a public hearing to vacate the plat on March 22, 2010. Recommended Motions: 1. THAT adoption of the Resolution of Intent to vacate the Jim Meyer Subdivision and set a public hearing for March 22nd be APPROVED. Timeline: City Council’s Referral to committee: March 1, 2010 PAZ Committee Action: March 3, 2010 Action Item City Council Action: March 8, 2010 (Consent Agenda or Committee Reports) Deadline: N/A Background: Sleipner, LLC, represented by Trudy Smith of Professional Consultants, Inc., is petitioning the Missoula City Council to vacate the Jim Meyer Subdivision plat. Jim Meyer is a subdivision that was filed in 2008. The petition notes the reasons for requesting vacation of the filed plat, including a partnership that dissolved, the general economic downturn, and the financial situation of the petitioner (see Attachment A-3). Missoula City Subdivision Regulations Article 1-8 provides for the proper vacation of plats according to State Law (see Attachment A-1). Any plat vacation requires investigation of utilities present on the property, as all existing utilities must be accounted for. The City Council must also account for public interest factors related to the subdivision, including the vacation of easements and public roads. The City Council must investigate the rights of any person that has intervened since the filing of the plat who would be adversely affected by the plat’s cancellation or annulment. Staff has prepared a Resolution of Intent for the Jim Meyer Subdivision Vacation (Attachments A-1 through A-3). This includes provisions ensuring that the vacation will be finalized. A timely plat vacation in this case protects the City’s financial interests, including a Subdivision Improvements Guarantee and related Letter of Credit, which are set to expire in March 2010. The Resolution of Intent directs the City Clerk to notice a March 22nd public hearing for the resolution that documents the actual plat vacation. Staff Recommendation: 1. Staff recommends that adoption of the Resolution of Intent to vacate the Jim Meyer Subdivision plat be approved and that a public hearing be set for March 22, 2010. Financial Implications: None foreseen Attachment: A. Resolution of Intent plat exhibit vacation petition exhibit B. Resolution Adopting Jim Meyer Subdivision Vacation