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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 Date: September 11, 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: None Planning Board Recommendations: See Attachment Staff Recommendations: See Attachment #3 (staff) and Attachment #4 (post-PAZ). Timeline: City Council’s Referral to Committee: September 14, 2009 PAZ Committee Discussion: September 16, 2009 (pre-public hearing info item) Public Hearing: September 21, 2009 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 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. This project was tabled due to litigation concerns with adjacent Clark Fork Terrace No. 2, and how this litigation could affect Clark Fork Terrace No. 1. The Planning Board hearing for this subdivision and rezoning was held on December 2, 2008, and it went before PAZ on December 10 and December 17, 2008, but the December 22, 2008 public hearing was not opened prior to City Council’s decision to table it. On August 24, 2009 City Council voted to remove Clark Fork Terrace No. 1 from the table and suspend City Council rules to hold a public hearing on the subdivision and rezoning on September 21, 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 ---PAGE BREAK--- the Sufficiency date for this project (October 1, 2008), September 30, 2009 is the one year deadline for a decision by the governing body. This project will be at PAZ on September 16 as a pre-public hearing informational item to discuss recommendations that were made in the December 2008 PAZ meetings (see Attachment and to allow further discussion of roads, pedestrian facilities and other important elements of the proposal. Financial Implications: Unknown Attachments: 1. Planning Board Recommendations, December 2, 2008 2. Planning Board Minutes, December 2, 2008 3. Staff Report and Staff Report Attachments A. Project History Form B. Comment Letter from City Fire 4. Memo (updated conditions and findings of fact post December 17, 2008 PAZ)