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Item 1.M.
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| City Council Regular | |
| Date: | 12/09/2024 |
| Title: | Clearwater Estates Subdivision Minor Final Plat |
| Presented by: | Hunter Kelly, Planner 1 |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | PZX-24-00149 |
RECOMMENDATION
Staff recommends the City Council approve the final plat of Clearwater Estates Subdivision.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On November 8, 2024, Performance Engineering, Inc., on behalf of Brown Development, LLC, applied for final plat approval for Clearwater Estates Subdivision. The proposed subdivision creates five (5) lots for development. The subject property is generally located south of Central Avenue and west of S 48th St W. The property is zoned PUD - Planned Unit Development. The subject property is located within CMU 1, NMU, NX1, NX2, N2, and P1 Zoning. The land is currently vacant. This subdivision qualifies under SB170 passed on May 4, 2023, which amended MCA 76-3-609(6), to allow for administrative review of minor and subsequent minor subdivisions.
MCA76-3-609(6) to allow for administrative review of minor and subsequent minor subdivisions applies if:
1. The area is subject and compliant to zoning
2. Has a will-serve letter for municipal water and sewer
3. Has legal and physical access to each lot
4. Complies entirely with the design standards and all other parts of the subdivision regulations
5. Does not require a variance
Staff has reviewed the application (see attached administrative approval letter) and determined that the proposed plat has met the requirements of MCA 76-3-609(6) and all the conditions of approval imposed through that process, and is forwarding a recommendation of final approval to the City Council. Upon City Council approval, these documents are appropriate as to form for filing with the Clerk and Recorder.
MCA76-3-609(6) to allow for administrative review of minor and subsequent minor subdivisions applies if:
1. The area is subject and compliant to zoning
2. Has a will-serve letter for municipal water and sewer
3. Has legal and physical access to each lot
4. Complies entirely with the design standards and all other parts of the subdivision regulations
5. Does not require a variance
Staff has reviewed the application (see attached administrative approval letter) and determined that the proposed plat has met the requirements of MCA 76-3-609(6) and all the conditions of approval imposed through that process, and is forwarding a recommendation of final approval to the City Council. Upon City Council approval, these documents are appropriate as to form for filing with the Clerk and Recorder.
STAKEHOLDERS
A public hearing is not scheduled for the City Council meeting; however, nearby property owners may attend the City Council meeting. At this time, the Planning Division has received no public comments or questions regarding the proposed subdivision.
ALTERNATIVES
The City Council may approve or deny the final plat of Clearwater Estates Subdivision. If the City Council chooses to deny the final plat, the denial must be because the criteria in Section 76-3-611, MCA are not met.
The criteria are as follows: MCA 76-3-611. Review of final plat.
(1) The governing body or the agent or agency designated by the governing body shall examine each final plat, and the governing body shall approve the plat only if:
Staff finds the final plat is in compliance with the requirements of state statutes, conditions of approval and local regulations. City Council should approve the final plat.
The criteria are as follows: MCA 76-3-611. Review of final plat.
(1) The governing body or the agent or agency designated by the governing body shall examine each final plat, and the governing body shall approve the plat only if:
(a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and (local) regulations adopted pursuant to this chapter; and
(b) the County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. Staff finds the final plat meets the criteria outlined in MCA 76-3-611 above.
(b) the County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. Staff finds the final plat meets the criteria outlined in MCA 76-3-611 above.
Staff finds the final plat is in compliance with the requirements of state statutes, conditions of approval and local regulations. City Council should approve the final plat.
FISCAL EFFECTS
The final plat of this subdivision will have no financial impact on the Planning Division.