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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY August 14, 2006 Jan and Mary Hauser 1816 Harve Avenue Missoula, MT 59801 RE: Hauser Addition Dear Jan and Mary: At its regularly scheduled meeting of August 7, 2006, the Missoula City Council voted to approve Hauser Addition subject to the 12 conditions in the attached document entitled “Conditions of Approval”. The reasons for the decision to approve the subdivision, including the imposition of any condition of approval, may also be found in the attached document entitled “Findings of Fact and Conclusions of Law.” As part of this action, the City Council took action on the following variances: 1. THAT the request to vary from Article 3-6 to permit easement widths less than 20’ be approved based on the findings of fact and subject to the conditions in the staff report. 2. THAT the request to vary from Article 3-2(14)(A) requiring curb and gutter on Davis Street be denied based on the findings of fact and subject to the conditions in the staff report. 3. THAT the request to vary from Article 3-2(15)(A) requiring a concrete boulevard sidewalk along Davis Street be denied based on the findings of fact and subject to the conditions in the staff report. 4. THAT the request to vary from Article 3-2(3) requiring a 28’ paved width for the roadway through Hauser Addition within a 60’ public right-of-way be approved based on the findings of fact and subject to conditions. 5. THAT the request to vary from Article 3-2(15)(A) requiring concrete boulevard sidewalks along both sides of the roadway through Hauser Addition be approved based on the findings of fact and subject to conditions. 6. THAT the Hauser Addition be approved based on the findings of fact in the staff report and subject to the recommended conditions of approval. If you wish to appeal this decision you must follow the procedure established by M.C.A. §76-3-625(2) which states as follows: A party . . . who is aggrieved by a decision of the governing body to approve, conditionally approve, or disapprove a proposed preliminary plat or final subdivision plat may, within 30 days after the decision, appeal to the district court in the county in which the property involved is located. The petition must specify the grounds upon which the appeal is made. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- The statute includes within the definition of an aggrieved party the applicant. If you have any questions or concerns with regard to this matter, please do not hesitate to contact us at 258-4657. The deadline to submit for final plat approval is August 7, 2008 (Phase I) and August 7, 2013 (Phase II). You must submit the final plat by these dates or request an extension to the effective period of plat approval. If you have further questions, please contact me at 258-4794 or email me at [EMAIL REDACTED]. Sincerely, Tim Worley Planner, OPG cc: Nick Kaufman, WGM Group Kristin Smith, WGM Group Mary McCrea, OPG Lettie Hunnakko, OPG Casey Wilson, OPG Steve King, City Engineer Monte Sipe, City Engineering Bob Hayes, City Engineering Bob Rajala, City Fire Marshal Jackie Corday, Parks & Recreation David Shaw, Parks and Recreation Missoula Consolidated Planning Board Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- CONDITIONS OF APPROVAL HAUSER ADDITION AUGUST 7, 2006 1. Curb, gutter and sidewalk shall be installed on the east half of Davis Street adjacent to the subdivision in accordance with active city project #2006-032 prior to Phase I final plat approval. Subdivision Regulations Articles 3-2(14), 3-2(15)(A)(1) and City Engineering recommendation. 2. A shared driveway maintenance agreement shall be included in the covenants for the shared private driveway on Lots 3 and 4 subject to review and approval by the City Engineer and OPG prior to Phase II final plat approval. Subdivision Regulations Article 3-2(1)(I)(3) and OPG recommendation. 3. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval. Subdivision Regulations Article 3-2(15)(B) and OPG recommendation. 4. The developer shall dedicate a 12’ public pedestrian access easement within the area of the required curbside sidewalk from Davis Street to the eastern property boundary of Lot 1 and 6 on the Phase I final plat with the location to be reviewed and approved by the City Engineer prior to final plat approval. The 12’ public pedestrian access easement shall be extended from the eastern property boundary of Lot 1 and 6 to the east property line of Lots 3 and 4 and then north across Lot 3 to the trail easement recorded in Book 727 Page 1573 or the proposed non-motorized bikeway trail easement to be reviewed and approved by OPG prior to Phase II final plat approval. 5. The developer or lot owners shall install a 4’ gravel trail within the required 12’ public pedestrian easement from the end of the required curbside sidewalk to the trail easement recorded in Book 727 Page 1573 or the proposed non-motorized bikeway trail easement to be reviewed and approved by OPG prior to Phase II final plat approval. Subdivision Regulations Article 3-2(15), City Engineering and City Parks and Recreation recommendation. 6. The covenants shall be amended to require adjacent lot owner maintenance of the area within the 12’ public pedestrian easement. Maintenance responsibilities shall include but not be limited to gravel surface maintenance, mowing and weed control. Subdivision Regulations Article 3-8 and OPG recommendation. 7. Gas and electric utility easements shall be reviewed and approved by NorthWestern Energy prior to Phase I and Phase II final plat approval. Subdivision Regulations Article 3-6 and NorthWestern Energy recommendation. 8. Article IV, Section 4 (“Amendment”) shall include irrigation water rights, radon, shared driveway maintenance agreement, Lot 3 access, Lot 3 driveway removal and revegetation, short court maintenance and parking, public pedestrian easement maintenance and address signage as sections of the covenants that may not be amended without Governing Body approval. Subdivision Regulations Article 3-1(10) and OPG recommendation. 9. The applicant shall provide proof of payment of cash-in-lieu of parkland subject to the review and approval of City Parks and Recreation prior to final plat approval. Subdivision Regulations 3-8 and County Parks recommendation. 10. Plans for installing curb, gutter, a 5 foot curbside sidewalk and paving the access road to the eastern boundary of Lots 1 and 6 to a 21 foot width within a 28 foot access easement shall be reviewed and approved by the City Engineer prior to Phase I final plat approval. Plans for extension of the approved roadway to the Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- eastern boundary of Lots 2 and 5 shall be reviewed and approved by City Engineering prior to Phase II final plat approval. 11. A 28’ Conditional Public Access Easement shall extend along the common lot boundary of Lots 1 and 6, and Lots 3 and 4 to the eastern boundary of the subdivision to be shown on the Phase I and Phase II final plats, to be reviewed and approved by the City Engineer prior to final plat approval of each phase. The following statement shall appear on the plat and in the covenants and refer to the Conditional Public Access Easement: “This Conditional Public Access Easement is for the purpose of a public roadway as shown on the subdivision plat of the Hauser Addition, conditioned upon said easement being used as public roadway in the event a connection is made or planned to be made east of this property. No structures shall be placed within said easement so as to interfere with the eventual use of the right-of-way as a public roadway.” 12. Lot owners in Hauser Addition shall waive the right to protest an SID for extension of the access road to the eastern property boundary. SID waiver language shall be reviewed and approved by the City Engineer prior to Phase II final plat approval. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- FINDINGS OF FACT AND CONCLUSIONS OF LAW HAUSER ADDITION AUGUST 7, 2006 SUBDIVISION FINDINGS OF FACT ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: a) Zoning Compliance 1. The 0.86-acre property is currently zoned R-VIII (Residential). This zone requires a lot area of not less than 5400 square feet per single-family dwelling or 10,800 square feet per two-family unit. The maximum residential density permitted is eight dwelling units per acre. 2. The proposed subdivision will have a density of 6.98 dwelling units per acre. Lots range in size from 5865 to 6937 square feet. 3. The required front and rear-yard setbacks in the R-VIII district are 20 feet. Side-yard setback requirements in the R-VIII district are 7 ½ feet or 1/3 the building height, whichever is greater. Building height is limited to 30 feet, and minimum lot width is required to be 50 feet. b) Comprehensive Plan Compliance 4. The 1998 Missoula Urban Comprehensive Plan Update and the Reserve Street Area Plan (1995 Update) are the applicable plans for this property. The recommended land use designation is Residential, with a maximum residential density of up to six dwelling units per acre. This property is in the Urban Growth Area (UGA). 5. Development in this area is a combination of established and newer single family homes and multi-dwelling units. 6. The 1998 Missoula Urban Comprehensive Plan update encourages provision of cost- effective urban services such as sewer, police and fire protection. The subdivision will have access to water and sewer utilities. It is located in the jurisdiction of Missoula City Police and Fire. 7. The 1998 Missoula Urban Comprehensive Plan update states that “within the urban growth area, residential, commercial, public, and other forms of development should be encouraged at urban densities Conclusions of Law: 1. The proposal is consistent with the applicable zoning for the property. 2. The proposal substantially complies with the goals and objectives of the 1998 Missoula Urban Area Comprehensive Plan Update and the Reserve Street Area Plan (1995 Update). PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. The parent parcel is in single family residential use, and has no recent agricultural history. 2. The soils are classified Urban Land. The Natural Resources Conservation Service does not consider these soils to be prime agricultural soils. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- 3. The subdivision is in the Missoula Irrigation District. An irrigation ditch carries water in a northwesterly direction through a portion of Lot 3. The ditch is within a 20’ irrigation ditch easement. 4. The Missoula Irrigation District comments that irrigation ditch easements to Lots 1, 4, 5 and 6 are lacking. State law, MCA 76-3-504(1)(k)(ii)(A), states that establishment of easements for each owner is not required if the “average lot size is one acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated and may continue to be assessed for irrigation water delivery even though the water may not be deliverable.” This disclosure is included in the covenants. 5. An irrigation ditch easement has not been provided to the lot south of Hauser Addition as indicated by the Missoula Irrigation District. The applicant comments that no irrigation ditch easement of record exists for the parcel south of the subdivision. Conclusion of Law: 1. No impacts to agricultural water users or agricultural water user facilities are anticipated. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads Findings of Fact: Davis Street 1. Davis Street is classified as a local street within the Urban Growth Area under City Subdivision Regulations Article 3-2(3), requiring a minimum road surface width of 32’ with curb and gutter. It is currently paved to a width of 32’ without curb and gutter improvements. 2. The applicant is not proposing improvements, including curb and gutter, to the east side of Davis street, and requests a variance from the curb and gutter standards. 3. City Engineering is not in support of the variance, and recommends that Davis Street be improved with curb and gutter in accordance with active city project #2006-032. This project is a planned city installation of curb and gutter. Non-motorized facilities will also be installed. 4. A condition of approval requires curb, gutter and sidewalks to be installed along the eastern edge of Davis Street to be reviewed and approved by City Engineering prior to Phase I final plat approval. Short Court 5. The developer proposes a 21’ short court (back-of-curb to back-of-curb) to access all six lots. A condition of approval requires review of plans for curb, gutter and sidewalk for this roadway for both subdivision phases. 6. City Engineering recommends that short court maintenance be the responsibility of the adjacent property owners. The covenants require road maintenance and snow removal, with Lots 1 and 6 sharing responsibility at Phase I. All lots will share maintenance responsibility at Phase II. 7. City Subdivision Regulations Article 3-2(7)(d) prohibits parking on the short court. Parking is prohibited in the covenants. 8. City Subdivision Regulations Article 3-2(7)(d) requires a common area for overflow parking. The developer has provided one parking stall on either side of the short court. City Engineering supports the overflow parking proposal. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- 9. A 20’ x 20’ private driveway easement has been provided for Lots 3 and 4 at the end of the Short Court. A condition of approval requires a shared driveway maintenance agreement be added to the covenants. 10. A 28’ Conditional Public Access Easement was required of the subdivision to facilitate potential through connection to the east. The required Conditional Public Access Easement extends from Davis Street to the eastern boundary of Lots 3 and 4. The Conditional Public Access Easement is required to be shown on the Phase I and II final plats. 11. The Hauser Addition access road and its potential extension to the east as a public roadway requires a variance to the requirement for a 28’ roadway within a 60’ public access easement. This variance was approved. 12. A condition of approval requires a waiver of the right to protest an SID for extension of the Hauser Addition access road to the eastern property boundary. Other 13. The existing home on the property is accessed from a gravel drive via Third Street West. This home will be relocated at Phase II and accessed off the short court. 14. Steve King, City Engineering, recommends existing driveway access from Third Street be eliminated at Phase II. 15. The plat contains an RSID/SID waiver for future improvements to Davis Street. 16. Steve Earle of Mountain Line reviewed the subdivision proposal, and stated that the property is currently served by Route 9. Conclusions of Law: 1. Davis Street meets required public road standards if the recommended conditions are adopted and the requested variances denied. 2. The private short court meets standards in City Subdivision Regulations Article 3- 2(7) if the recommended conditions are adopted. Its use as a potential future public roadway meets the standards in Article 3-2(3) with approval of the paved width/right- of-way variance. Pedestrian Access Findings of Fact: 1. There are no pedestrian facilities along Davis Street adjacent to the subdivision. Sidewalks are located on both sides of South Fourth Street at the intersection of Davis Street adjacent to the subdivision. 2. The developer is not proposing sidewalks along the east half of Davis Street and therefore requests a variance from the concrete boulevard sidewalk standard in City Subdivision Regulations Article 3-2(15)(A)(1). City Engineering does not support the variance request, and recommends sidewalk installation in accordance with active City Project #2006-032. 3. A condition of approval requires curb, gutter and sidewalks to be installed along the eastern edge of Davis Street to be reviewed and approved by City Engineering prior to final plat approval. 4. The plat shows a public pathway trail easement east of Lot 3. The developer proposes to continue this easement north of the irrigation ditch easement on Lot 3. 5. City Engineering recommends a 12’ non-motorized public trail easement that runs from Davis Street through the end of the short court between Lots 3 and 4 to the easterly property line. The easement is recommended to continue north to the existing pedestrian easement adjacent to the irrigation ditch on Lot 3. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- 6. One public comment letter was received from the Franklin to Fort Neighborhood Council supporting the easement concept. The Franklin to Fort Neighborhood Council also recommends a pedestrian connection from the end of the short court to the established neighborhood connection adjacent to the property. 7. City Subdivision Regulations Article 3-2(7)(f) under “Short Court Option” encourages pedestrian access easements for present or future trails. 8. Steve King, City Engineering, and Jackie Corday, Parks and Recreation, commented on the need to memorialize the recommended pedestrian connection. Steve King and Jackie Corday both commented that the recommended easement be fenced or that a gravel trail be installed. Jackie Corday recommended a minimum 4’ trail width. 9. A condition of approval requires a 5 foot curbside sidewalk along one side of the entire length of the subdivision access road. This will be within a required 12 foot public pedestrian easement. The sidewalk would be built along the road according to the timing of the two subdivision phases. 10. A variance was approved to the requirement for sidewalks on both sides of the access road. 11. The required 12 foot public pedestrian easement is required to continue to the eastern property boundary of Lots 3 and 4, and then north across Lot 3 to the trail easement northeast of the subdivision or the proposed non-motorized trail easement. A 4’ gravel trail is required to connect to the 5’ curbside sidewalk, and continue to the northeast corner of the subdivision within the required easement. 12. Maintenance of the area within the 12’ public pedestrian easement will be required. A condition of approval requires adjacent lot owners to maintain the area within the 12’ public pedestrian easement, including but not limited to gravel surface maintenance, mowing and weed control. 13. Missoula City Subdivision Regulations Article 3-12(15)(B) describes boulevard standards, including the requirement for shade trees. Staff recommends a condition requiring plans for street tree plantings to be reviewed and approved by City Parks and Recreation prior to final plat approval. 14. The plat contains a waiver of the right to protest future improvements to Davis Street, including non-motorized facilities. Conclusions of Law: 1. If the recommended conditions are adopted the proposed subdivision will meet the required standards for non-motorized pedestrian facilities. 2. The proposed subdivision meets the required standards for non-motorized pedestrian facilities with the denial of the Davis Street sidewalk variance and the approval of boulevard sidewalk variance for the subdivision access road. Water & Sewer Systems Findings of Fact: 1. The proposed subdivision will be served by Mountain Water, which confirms it will provide water to this development. 2. The developer proposes to connect all lots to City sewer. Conclusions of Law: 1. Review of water and sewer systems is under the jurisdiction of state and local health authorities under the Montana Sanitation in Subdivision Act. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- Parks and Recreation Findings of Fact: 1. The park area requirement for this subdivision is 4,172 square feet or 0.09 acre. 2. The applicant is proposing a combination of cash-in-lieu of parkland and a 548 square-foot non-motorized trail access for this acreage. 3. Jackie Corday, Parks and Recreation, comments that while the proposed walkway connection meets the standard for non-motorized trail facilities in City Subdivision Regulations Article 3-2(15)(E)(1), it does not meet required parks, open space or common area criteria in Article 3-8(7). This was also confirmed by David Shaw, Parks and Trail Design and Development Manager for Parks and Recreation. 4. Jackie Corday comments that parkland dedication must be in the form of fee simple park or common area. 5. City Parks and Recreation recommends cash-in-lieu of parkland for this subdivision. This is required in a condition of subdivision approval. Conclusion of Law: 1. The proposed subdivision will meet the required standards for parkland dedication. Schools Findings of Fact 1. The subdivision will result in an estimated six Elementary and four Secondary school- age children being added to the Missoula County Public School District. 2. Children from this subdivision will attend Franklin Elementary School, C.S. Porter Middle School and Big Sky High School. 3. Rachel Vielleux, Missoula County Superintendent of Schools, had no comments on the proposal. Conclusions of Law: 1. No adverse impacts on schools requiring mitigation have been identified. Fire Department Findings of Fact: 1. The subdivision is located within the jurisdiction of the Missoula Fire Department. The nearest fire station is within two miles of the property. 2. City Subdivision Regulations Article 3-7 establishes options for fire protection, including fire hydrants and a municipal water system with a 1000 gpm minimum. 3. A fire hydrant is within 500’ of the subdivision at the corner of Fourth and Davis. 4. The City Fire Marshal did not see any major issues with this subdivision, but recommends that addresses must be visible from the street. This is required in the covenants, and staff recommends a condition prohibiting change to this section without prior approval of the governing body. Conclusions of Law: 1. Fire service is available to the subdivision if the recommended condition is adopted. Law Enforcement Findings of Fact: 1. Upon annexation, the subdivision will be located within the jurisdiction of the Missoula Police Department. 2. Mark Woodward of the Missoula Police Department reviewed the subdivision and had no comments. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- Conclusions of Law: 1. Law enforcement service will be available to the subdivision. CRITERIA 3 AND 4: EFFECTS ON THE NATURAL ENVIRONMENT AND WILDLIFE AND WILDLIFE HABITAT Findings of Fact: 1. The subject property has nearly level topography. 2. Vegetation on the property includes grasses and trees. Some tree preservation is planned following development. 3. The covenants include noxious weed language typically recommended by the county weed district. 4. There is no riparian vegetation associated with the ditch on the property. 5. There does not appear to be any wildlife habitat on the subject property. Conclusions of Law: 1. No impacts to the natural environment and wildlife are anticipated. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: 1. The City of Missoula Fire Department will serve the property. The Missoula Police Department will provide law enforcement services. 2. This subdivision is within the Missoula Wastewater Treatment Plant Service Area All subdivision lots will connect to City Sewer. 3. The property is located within the Air Stagnation Zone. A residential driveway application and permit must be obtained for all driveways inside the Air Stagnation Zone, and all new roads require an application and permit from the Missoula City- County Health Department. The proposal is to pave all private drives and parking areas within the subdivision. 4. The Health Department typically comments that the EPA has designated Missoula County as having a high radon potential and recommends that all new construction incorporate radon resistant construction features. This information is contained in the covenants. Conclusions of Law: 1. Emergency services, water, and sanitation are available to the subdivision. 2. No adverse effects on public health and safety are anticipated as a result of this subdivision. COMPLIANCE: This subdivision complies with: 1) SURVEY REQUIREMENTS Findings of Fact 1. The Seal of a Professional Land Surveyor or Engineer is required on all final plats, which states that the subdivision complies with part 4 of M.C.A. 76-3. Conclusion of Law: 1. This proposal meets the survey requirements. 2) SUBDIVISION REGULATIONS Findings of Fact 1. Subdivisions are required to comply with the local subdivision regulations provided for in part 4 of M.C.A. 76-3. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- Conclusions of Law: 1. The developer has submitted a plat which complies with the requirements of local subdivision regulations or conditions have been required that will bring the plan into compliance. 3) REVIEW PROCEDURE Findings of Fact 1. Subdivisions are required to comply with the local subdivision review procedure provided for in Article 4 of the Missoula City Subdivision Regulations. 2. A decision of the governing body rejecting or approving a proposed subdivision may be appealed to the district court within thirty days of such decision. The application shall specify the grounds upon which the appeal is made. An appeal may be made by the subdivider, a contiguous landowner, an owner of land within the City of Missoula who can establish a likelihood of material injury to property or its material value, or the City Council. In order to file an appeal, the plaintiff must be aggrieved by the decision, demonstrating that a specific personal and legal interest, as opposed to a general interest, has been or is likely to be specifically and injuriously affected by the decision. Conclusion of Law: 1. This subdivision proposal has followed the necessary application procedure and has been reviewed within the procedures provided in Article 4 of the Missoula City Subdivision Regulations. D) PROVISION OF EASEMENTS FOR UTILITIES: Findings of Fact: 1. Public utility easements are located within the Davis Street right-of-way, and will be extended to the short court via a public utility easement. 2. A 10’ Public Utility Easement is shown along the common lot boundary between Lots 5 and 6, and a 14’ public utility easement runs along the southern boundary of the subdivision. These easements are based on recommendations from NorthWestern Energy. 3. Northwestern Energy recommends the removal of the 20’ gas pipeline easement on Lots 3 and 4 to be replaced with a 10’ easement that would provide Lot 3 with gas and electrical service. A condition of approval requires review and approval of gas and electric utility easements by NorthWestern Energy prior to Phase I and Phase II final plat approval. 4. A 25’ x 65’ public utility easement is shown on east side of Lot 3. 5. Existing and proposed utility locations are within easements less than 20’ wide, requiring a variance to City Subdivision Regulations Article 3-6. Staff supports the variance request because widths are based on utility company recommendations. 6. The irrigation ditch on the property is within a 20’ irrigation ditch easement. Conclusions of Law: 1. The provision of easements for utilities will be met by this subdivision if the recommended condition is adopted and the easement variance is approved. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access will be provided to the subdivision via the short court street. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006 ---PAGE BREAK--- 2. The plat shows a 20’ x 20’ private driveway easement for the use and benefit of Lots 3 and 4 at the end of the short court. Conclusion of Law: 1. The proposal meets physical and legal access requirements. Attachment C - Hauser Addition Subdivision Approval Letter dated August 14, 2006