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ATTACHMENT F – Amended Conditions of Approval AMENDED CONDITIONS OF APPROVAL WRATISLAW ADDITION Roads/Pedestrian Facilities/Boulevards 1. Plans for installing curb/gutter and paving Wratislaw Way to a 32’ width from back- of-curb to back-of-curb south of the Wratislaw Court intersection shall be reviewed and approved by the City Engineer prior to Phase 1 final plat approval. Plans for installing curb/gutter and paving Wratislaw Court to a 32’ width from back-of-curb to back-of-curb, and Wratislaw Way north of the Wratislaw Court intersection, to the northern property boundary, to a 32’ width from back-of-curb to back-of-curb shall be reviewed and approved by the City Engineer prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-2(3), 3-2(9), 3-2(14), City Engineering and Planning Board recommendation. 2. Final plans for the 21’ wide short court serving Lots 8-11 shall be reviewed and approved by City Engineering prior to Phase 2 final plat approval. Maintenance responsibilities for the common area for overflow parking on Lot 10 shall be included in the covenants prior to Phase 1 final plat approval. Ten feet (10’) of additional non- motorized access easement shall be shown on the Phase 2 final plat north of the short court along the western boundary of Lot 10 to indicate that a 20’ public non- motorized access easement shall be shown on the Phase 2 final plat north of the cul-de-sac between Lots 8 and 9 and Lots 10 and 11 all the way to the north property line. A 5’ wide concrete sidewalk shall be placed within the 20-foot public non-motorized access easement. This easement may be relocated to allow for curbside sidewalk along the short court. Subdivision Regulations Articles 3-6, OPG and Planning Board recommendation. 3. Plans for the shared driveway for Lots 13 and 14, including the 5 foot sidewalk extending to the southern property boundary, shall be reviewed and approved by the City Engineer prior to Phase 2 final plat approval. Maintenance responsibilities for the shared driveway, the 5 foot sidewalk and the common area for overflow parking on Lot 13 shall be included in the covenants, to be reviewed and approved by OPG prior to Phase 1 final plat approval. Subdivision Regulations Article 3-2(16) and Parks and Recreation. 4. Final driveway design for Lots 8-11, including paving and locations to provide adequate backing area onto the short court, shall be reviewed and approved by the City Engineer prior to building permit submittal. All driveways shall be at least twenty (20) feet long, measured from face of garage to back of curb. Subdivision Regulations 3-2(16)(A,C), 3-2(2)(A), 3-2(1)(I)(7)(d) and OPG recommendation. 5. Final driveway design for Lot 15, including paving, shall be reviewed and approved by the City Engineer prior to Phase 2 final plat approval. The covenants shall be amended to include the requirement that all subdivision driveways be paved. Subdivision Regulations 3-2(16)(A), 3-2(2)(A) and City Engineering recommendation. ---PAGE BREAK--- 6. The covenants shall be amended prior to Phase 1 final plat approval, subject to OPG approval, to include information about the 1’ no-access strips along the Wratislaw Court frontage of Lot 11, and the shared driveway frontage of Lots 12 and 15. The no- access strip on the Wratislaw Court frontage of Lot 8 shall be eliminated. Subdivision Regulations Article 3-2(1)(E), OPG and Planning Board recommendation. 7. Plans for installation of 5’ sidewalks with 7’ boulevards on both sides of Wratislaw Way for its entire length (to the northern property boundary) and shall be reviewed and approved by the City Engineer prior to Phase 1 final plat approval. Plans for installation of 5’ sidewalks with 7’ boulevards on both sides of Wratislaw Court shall be reviewed and approved by the City Engineer prior to final plat approval of the appropriate phase. Wratislaw Way and Wratislaw Court pedestrian facilities shall be within public right of way and shall be as reviewed and approved by the City Engineer prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-2(15)(A-C) and City Engineering recommendation. 8. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to the appropriate phase’s final plat approval. Subdivision Regulations Article 3-2(15)(B) and OPG recommendation. 9. A 20’ non-motorized public access easement shall be shown on the Phase 1 final plat on top of the levee, with location to be reviewed and approved by City Parks and Recreation and City Engineering prior to Phase 1 final plat approval. Subdivision Regulations Article 3-2(15)(E) and Parks and Recreation and City Engineering recommendation. 10. A road signage plan in conformance with the Manual on Uniform Traffic Control Devices, including provisions for temporary signage during construction, permanent signage including stop signs where appropriate, and cost of installation to be the responsibility of the subdivider, shall be reviewed and approved by City Engineering prior to final plat approval of each phase. Subdivision Regulations 3-2(2)(F) and City Engineering recommendation. Fire/Emergency Response 11. Plans for address signs and a fire hydrant plan shall be reviewed and approved by the City Fire Department prior to building permit approval. Fire hydrants shall be installed prior to combustible construction as required by the City Fire Department approved hydrant plan. Subdivision Regulations Article 3-2(2)(G), 3-7 and City Fire Department recommendation. Grading, Drainage, Erosion Control and Floodplain 12. The developer or individual lot owners shall include pre-construction elevation certificates at the time of Zoning Compliance Permit submittal documenting the lowest floor and utility elevations with post-construction elevation certificates submitted upon building completion. Fill for building sites shall be compacted to 95% proctor as certified by a geotechnical engineer. Subdivision Regulations Article 3-1(1)(B) and Floodplain Administrator recommendation. 13. Language shall be included in the Covenants prior to Phase 1 final plat approval and a note shall be placed on the final plat of each phase that states the following: “The lowest floor elevation, including basements, mechanical equipment, and ductwork shall be a minimum of 2’ above base flood elevation. Pre-construction elevation certificates shall be required at the time of Zoning Compliance Permit submittal ---PAGE BREAK--- documenting the lowest floor and utility elevations, with post-construction elevation certificates submitted upon building completion. All building sites shall be compacted to 95% proctor as certified by a geotechnical engineer.” Subdivision Regulations Article 3-1(1)(B) and Floodplain Administrator recommendation. 14. A Storm Water Pollution Prevention Plan shall be submitted to and approved by City Engineering prior to final plat approval of each phase. Final plans for grading, drainage and erosion control shall be reviewed and approved by City Engineering prior to final plat approval of each phase. Subdivision Regulations 3- 1(1)(B) and City Engineering recommendation. Dike Maintenance Easement/Area of Riparian Resource 15. A Dike Maintenance Easement shall be shown on the Phase 1 final plat including the entire structure from a distance 15 feet landward of the levee toe to the Clark Fork River high water mark, to be reviewed and approved by County Public Works and the Floodplain Administrator prior to Phase 1 final plat approval. The notation and the legend on the plat shall distinguish the Dike Maintenance Easement from the 50’ Area of Riparian Resource No Improvement Zone. The Riparian Resource Management Plan shall be amended to include information about levee maintenance requirements carried out by the local sponsor of the Army Corps of Engineers, including but not limited to tree removal, structural repair and motorized access, subject to review and approval by OPG prior to Phase 1 final plat approval. Subdivision Regulations Articles 3-1(1)(F), 3-1(2), 3-6, Army Corps of Engineers and County Public Works recommendation. 16. The Dike Maintenance Easement and the 50’ Area of Riparian Resource No Improvement Zone restrictions shall be explained in the covenants and the Riparian Resource Management Plan, with content to be reviewed and approved by OPG prior to Phase 1 final plat approval. Both designations on the plat shall be followed by the following reference: “see covenants for details.” Parks and Recreation and OPG recommendation. 17. Article VIII, Section 14 of the covenants shall be amended to prohibit fencing in the 50’ Area of Riparian Resource No Improvement Zone, excepting wildlife-friendly fencing as permitted in the Living With Wildlife section of the covenants prior to Phase 1 final plat approval. This restriction shall also be included in the Riparian Resource Management Plan. Subdivision Regulations Article 3-1(10) and Parks and Recreation recommendation. Revegetation Plan 18. A Revegetation Plan for disturbed sites shall be submitted to and approved by the Missoula County Weed Board prior to Phase 1 final plat approval. Subdivision Regulations Article 3-1(1)(F). Miscellaneous 19. Cluster mailboxes shall be installed in this subdivision in a location subject to review and approval by USPS and City Engineering prior to Phase 1 final plat approval. Subdivision Regulations 3-2(15)(J) and City Engineering recommendation. 20. The applicant shall provide proof of payment of cash-in-lieu of parkland subject to the review and approval of County City Parks prior to Phase 1 final plat approval. Subdivision Regulations 3-8 and Parks and Recreation recommendation Covenants ---PAGE BREAK--- 21. Article XI (“Amendment”) shall be amended to include weed control, basements, elevation, irrigated land, radon, fences, address signage, paved driveways, no- access strips for Lots 11, 12 and 15, common area for overflow parking, Living with Wildlife and the Riparian Resource Management Plan/Riparian Areas as sections of the covenants that may not be amended without Governing Body approval subject to review and approval of OPG prior to Phase 1 final plat approval. Subdivision Regulations Articles 3-1(2), 3-1(10) and OPG recommendation. 22. The covenants shall be amended to include the following section as a replacement for Article VIII, Section 27, subject to OPG approval prior to Phase 1 final plat approval: Living with Wildlife Homeowners must accept the responsibility of living with wildlife and must be responsible for protecting their vegetation from damage, confining their pets, and properly storing garbage, pet food, livestock feed and other potential attractants. Homeowners must be aware of potential problems associated with the occasional presence of wildlife such as white-tailed and mule deer, black bear, mountain lion, fox, raccoon, skunk, squirrels and magpie. Please contact the Montana Fish, Wildlife & Parks office in Missoula (3201 Spurgin Road, Missoula, MT 59804) for brochures that can help homeowners “live with wildlife.” Alternatively, see the Education portion of FWP’s web site at www.fwp.mt.gov. The following covenants are designed to help minimize problems that homeowners could have with wildlife, as well as helping homeowners protect themselves, their property and the wildlife that Montanans value. a. Homeowners must be aware of the potential for vegetation damage by wildlife, particularly from deer feeding on green lawns, gardens, flowers, ornamental shrubs and trees in this subdivision. Homeowners should be prepared to take the responsibility to plant non-palatable vegetation or protect their vegetation (fencing, netting, repellents) in order to avoid problems. Also, consider landscaping with native vegetation that is less likely to suffer extensive feeding damage by deer. b. Gardens and fruit trees can attract wildlife such as deer and bears. Keep produce and fruit picked and off the ground, because ripe or rotting vegetable material can attract bears and skunks. To help keep wildlife such as deer out of gardens, fences should be 8 feet or taller. Netting over gardens can help deter birds from eating berries. c. Garbage should be stored in secure animal-resistant containers or indoors to avoid attracting animals such as bears, raccoons, and other wildlife. If stored indoors, it is best not to set garbage cans out until the morning of garbage pickup; bring cans back indoors by the end of the day. d. Do not feed wildlife or offer supplements (such as salt blocks), attractants, or bait for deer or other wildlife. Feeding wildlife results in unnatural concentrations of animals that could lead to overuse of vegetation and disease transmission. Such actions unnecessarily accustom wild animals to humans, which can be ---PAGE BREAK--- dangerous for both. It is against state law (MCA 87-3-130) to purposely or knowingly attract bears with supplemental food attractants (any food, garbage, or other attractant for game animals) or to provide supplemental feed attractants in a manner that results in “an artificial concentration of game animals that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.” Also, homeowners must be aware that deer might occasionally attract mountain lions to the area. e. Birdseed can attract bears. If used, bird feeders should: 1) be suspended a minimum of 20 feet above ground level, 2) be at least 4 feet from any support poles or points, and 3) should be designed with a catch plate located below the feeder and fixed such that it collects the seed knocked off the feeder by feeding birds. f. Pets must be confined to the house, in a fenced yard, or in an outdoor kennel area when not under the direct control of the owner, and not be allowed to roam as they can chase and kill big game and small birds and mammals. Keeping pets confined also helps protect them from predatory wildlife. Under current state law it is illegal for dogs to chase hoofed game animals and the owner may also be held guilty (MCA 87-3-124). g. Pet food should be stored indoors, in closed sheds or in animal-resistant containers in order to avoid attracting wildlife such skunks, raccoons, and other wildlife. When feeding pets do not leave food out overnight. Consider feeding pets indoors so that wild animals such as bear, skunk or magpie do not learn to associate food with your home. h. Barbecue grills should be stored indoors. Keep all portions of the barbecues clean. Food spills and smells on and near the grill can attract bears and other wildlife. i. Consider boundary fencing that is no higher than 3-1/2 feet (at the top rail or wire) and no lower than 18 inches (at the bottom rail or wire) in order to facilitate wildlife movement and help avoid animals such as deer becoming entangled in the fence or injuring themselves when trying to jump the fence. We encourage the use of split rail fences or other wildlife-friendly designs. j. Compost piles can attract skunks and bears. Compost piles should be limited to grass, leaves, and garden clippings, and piles should be turned regularly. Adding lime can reduce smells and help decomposition. Do not add food scraps. (Kitchen scraps could be composted indoors in a worm box with minimum odor and the finished compost can later be added to garden soil.) k. Residents of this subdivision must recognize that the subdivision is located next to the Clark Fork River and/or its associated sloughs and wetlands, where lawful waterfowl hunting and the associated discharge of shotguns could occur from early morning until sunset, and the season can run from September into January. 23. Plans for an emergency vehicle turnaround for Wratislaw Way within an Emergency Vehicle Turnaround Easement shall be reviewed and approved by City Fire prior to building permit issuance for any lot with driveway access north of the Wratislaw Way/Wratislaw Court intersection. If required by the City Fire Department, signage shall be placed that acknowledges the turnaround and any related parking ---PAGE BREAK--- restrictions. Subdivision Regulations Article 3-2(17), City Fire Department and City Engineering recommendation. 24. The existing 16-foot roadway and utility easement shown along the southern boundary of Lots 18, 17 and 16 serving the existing house on Lot 15 shall be removed and vacated prior to Phase 2 final plat approval.