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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Item: Grove Street Addition Plat Adjustment Date: April 23, 2010 Prepared by: Tim Worley, OPG Initiated by: Rick McCool and Eli & Associates PAZ Action Required: Consider a plat adjustment for the filed subdivision plat of Grove Street Addition. Recommended Motions: 1. THAT the proposed adjustment to the Grove Street Addition plat be APPROVED, subject to the amended conditions of approval as shown in Attachment I. Timeline: City Council’s Referral to committee: April 26, 2010 PAZ Committee Action: April 28, 2010 Action Item City Council Action: May 3, 2010 (Consent Agenda or Committee Reports) Deadline: NA Background: The Office of Planning and Grants has received a request from Rick McCool and Eli & Associates to adjust the filed plat of Grove Street Addition, a minor subdivision at the corner of Grove Street and Gleason Street in Orchard Homes (Attachments A and The subdivision was approved by City Council at its regularly scheduled meeting on February 7, 2005 (Attachments C and The subdivision was filed in 2009. The basis of the request is a proposed change in access for Lot 2 in the northeast corner of the subdivision (Attachment Subdivision findings of fact, the filed plat itself, and a shared access drive maintenance agreement in the recorded covenants all reflect access to this drive by Lots 1, 3 and 4. Lot 2 as approved was granted access directly off Grove Street. The filed plat and shared access drive maintenance agreement assume that Lots 1, 3 and 4 have legal and physical access via the shared access drive, and share the responsibility for its maintenance. The applicant submitted a revised easement agreement, Grant of Easement (GOE) and maintenance agreement that reflect Lot 2 requiring legal and physical access off the shared access drive. Lot 2 becomes part of the shared access drive maintenance agreement as well. Lot 4 is removed from the revised agreement, and would no longer have legal and physical access via the shared access drive. Access instead would be from a driveway accessing Gleason Street (Attachment Agency Review: City Engineering commented on needed revisions to the proposed easement agreement and the Grant of Easement (GOE) documents (Attachment The original easement exhibit did not appear to provide full legal and physical access to both Lots 1 and 2 across Lots 3 and 4, which was also a problem with the original GOE. These documents have since been corrected following City Engineering review (Attachments G, H and ---PAGE BREAK--- City Engineering confirms that Lot 2 will also be required to abandon its current Grove Street access prior to approval of a building permit. A condition of approval has been amended that addresses this issue. A new condition of approval requires the corrected easement exhibit, Grant of Easement (GOE), and the shared access drive maintenance agreement portion of the covenants to be recorded at the County Clerk and Recorder’s Office, following City Engineering’s review and approval (Attachment Staff Recommendation: 1. Staff recommends that the plat adjustment for Grove Street Addition be approved, subject to the revised conditions of approval as shown in Attachment I. Financial Implications: None foreseen Attachments: A. Applicant’s Request Letter dated March 8, 2010 B. Filed Subdivision Plat C. Approval Letter dated February 7, 2005 D. Grove Street Addition—Original Findings of Fact E. Proposed Access Plan F. City Engineering Markup of Proposed Document Language G. Corrected Easement Exhibit H. Corrected Grant of Easement Documents I. Shared Drive Maintenance Agreement Document J. Revised Conditions of Approval