Document Missoula_doc_51db304645

MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY December 16, 2008 Stockyard Road Investments, LLC P.O. Box 2060 Sun Valley, ID 83353 RE: Ranch To Whom It May Concern: At its regularly scheduled meeting of May 19, 2008, the Missoula City Council voted to approve the Ranch Subdivision and rezoning, with the subdivision being subject to the 38 conditions in the attached document entitled “Conditions of Approval.” The reasons for the decision to approve the subdivision and rezoning, 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 motions: 1. THAT the request to zone property legally described as Tract 10, COS # 3176 less the 90 foot wide buffer area south of Cattle Drive and East of Bell Tower Road to (Residential) be approved, based on the findings of fact on the public record and included in this letter. 2. THAT the request to vary from Section 3-4(2)(C) requiring storm water runoff to be retained on site or released from the site in a manner which will not substantially increase the peak runoff normally present before subdivision be conditionally approved to allow storm water run-off to be disposed of off-site if appropriate easements are secured, the drainage structures are constructed, and Public Works approves the drainage plan, based on the findings of fact. 3. THAT the request to vary from Section 3-2(3)(C) requiring a 120-foot wide right-of-way for George Elmer Drive, a major arterial, be approved, based on the findings of fact. 4. THAT the request to vary from Section 3-6 requiring a 20-foot wide easement for the irrigation ditch be approved, based on the findings of fact. 5. THAT the request to vary from Section 3-2(15)(A)(1) requiring 5’ wide boulevard sidewalk on both sides of all public streets in subdivisions within the Urban Growth Area be approved, to allow the south side of Cattle Drive east of Bell Tower Road, the south side of Road the east side of Bell Tower Road adjacent to the property to be transferred to the McKinnons pursuant to the signed MOU dated April 21, 2008, and the north side of Pious Road to be ---PAGE BREAK--- 2 constructed without boulevard sidewalk, as shown on Exhibit 1.1 dated May 2008 and based on the findings of fact. 6. THAT the request to vary from Section 3-3(2)(2) requiring a maximum block length of 480 feet be approved for the blocks that include Lot 1 and Lots 2-15 based on the findings of fact. 7. THAT the Ranch Subdivision be approved according to the timing in the proposed phasing plan as amended, as shown on Exhibit 2.1 dated May 2008, based on the findings of fact in the staff report, on the public record and as provided in Addendum 1.2 to the staff report dated May 19, 2008, subject to the recommended conditions of approval as amended. The deadline to submit for Phase 1 final plat approval is May 2010. You must submit the final plat by this date 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 II, OPG cc: Paul Druyvestein, DJ&A, P.C. Mark Landkammer, DJ&A, P.C. Mary McCrea, OPG Denise Alexander, OPG Roger Millar, OPG Lettie Hunnakko, OPG Casey Wilson, OPG Kevin Slovarp, City Engineer Mark Todorovich, City Engineering Bob Hayes, City Engineering Doug Harby, City Engineering Bob Rajala, City Fire Marshal Jackie Corday, Parks & Recreation Missoula Consolidated Planning Board ---PAGE BREAK--- 3 CONDITIONS OF APPROVAL RANCH SUBDIVISION May 19, 2008 Zoning Compliance 1. The zoning shall be adopted prior to final plat approval of Phase One, subject to review and approval by OPG. Subdvision Design and Layout 2. The preliminary plat and phasing plan per Exhibit 2.1 dated May 2008 shall be revised per the site layout as shown in Exhibit 1.1 dated May 2008 and in conformance with all conditions of subdivision approval, subject to review and approval by Public Works and OPG prior to Phase One final plat approval. 3. The multi-dwelling structures on Lot 1 shall not have the rear of structures facing George Elmer Drive, Pious Road or Cattle Drive, subject to review and approval of OPG prior to building permit approval. 4. The triangle-shaped piece of land north of Lot 22 in the location shown on Exhibit 1.1 dated May 2008 shall be incorporated into the lot and shown as such on the final plat and the revised phasing plan, subject to review and approval of OPG prior to Phase Two final plat approval. Roads and Access 5. The subdivider shall present evidence of issuance of an approach permit for public access by the Montana Department of Transportation for George Elmer Drive to connect to Mullan Road prior to final plat approval of Phase One, subject to review and approval by Public Works. 6. The subdivider shall be required to enter into a Memorandum of Understanding (MOU) with the City, State, and the 44 Ranch developers relating to financial participation for the construction of the roundabout at Cattle Drive/George Elmer Drive, for the Mullan Road/George Elmer Drive traffic signal, and all George Elmer Drive base roadway improvements in accordance with existing City, State and 44 Ranch developer MOU’s prior to final plat approval for Phase One, subject to review and approval by Public Works. 7. Plans for 32’ wide roadways (back-of-curb to back-of-curb) within a 60’ public easement for Cattle Drive, Bell Tower Road, and Road shall be reviewed and approved by Public Works prior to final plat approval of the respective phase(s). Additional right-of-way may be required and is permitted for roundabout construction at the western end of Cattle Drive. 8. Plans for minimum 26’ wide roadways (back-of-curb to back-of-curb) within a 54’ public easement for Pious Road and Granary Road shall be reviewed and approved by Public Works prior to final plat approval of the respective phase(s). Plans for a 28’ roadway (back-of-curb to back-of-curb) within a 54’ public easement for Road shall be reviewed and approved by Public Works prior to Phase Three final plat approval. 10. The existing 60’ wide private road and utility easement located along the southern boundary of the subdivision shall be designated as a public right-of-way and utility easement to connect from the eastern property line to the George Elmer ---PAGE BREAK--- 4 right-of-way, subject to review and approval by Public Works prior to final plat approval of Phase One. 11. All interior on-site roads (excluding George Elmer Drive) shall be constructed with five foot wide boulevard sidewalks and seven foot wide landscaped boulevards on both sides of all roads, except the subdivider shall not be required to install sidewalk but shall install landscaped boulevards on the south side of Cattle Drive east of Bell Tower Road, the south side of Road the east side of Bell Tower Road adjacent to the property to be transferred to the McKinnons pursuant to the signed MOU dated April 21, 2008, and the north side of Pious Road as shown on Exhibit 1.1 dated May 2008 subject to review and approval by Public Works prior to final plat approval of each phase. 12. Plans for construction and installation of roads, traffic calming features and other traffic management devices (e.g. splitter islands), sidewalk, curb/gutter, complete drainage facilities, and striped bike lanes on George Elmer Drive within sufficient right-of-way shall be reviewed and approved by the City Engineer prior to final plat approval of each phase. All road, pedestrian walkway and drainage improvements shall meet the requirements of the City Subdivision Regulations, except as provided in these conditions of approval. 13. A signage plan in conformance with the Manual on Uniform Traffic Control Devices, including provisions for temporary signage during construction, permanent signage, and cost of installation to be included in the security deposit, shall be reviewed and approved by Public Works and Missoula City Fire prior to Phase One final plat approval. 14. A street lighting plan for the subdivision shall be reviewed and approved by Public Works prior to final plat approval of each phase. 15. Grainery Lane shall be renamed Granary Lane, subject to review and approval by Public Works prior to final plat approval of Phase Two. 16. The following statement shall appear on the face of the plat and in each instrument of conveyance: “Acceptance of a deed for a lot within this subdivision constitutes assent of the lot owner to waive the right to protest a future RSID/SID for improvements including but not limited to the installation of paving, drainage facilities, curbs and gutters, pedestrian walkways or bikeways to George Elmer Drive, Cattle Drive, Bell Tower Road, Road Road Granary Road and Pious Road, based on benefit. The waiver shall run with the land and shall be binding on the transferees, successors, and assigns of the owners of the land." Pedestrian and Non-Motorized Access 17. The subdivider shall present evidence of petitioning into the Missoula Urban Transportation District, subject to review and approval by OPG prior to final plat approval of Phase One. 18. The subdivider shall construct a five-foot wide concrete sidewalk within a twenty- foot (20’) wide public pedestrian access easement connecting from the sidewalk on the Road cul-de-sac to the sidewalk along George Elmer Drive as shown on Exhibit 1.1 dated May 2008 prior to final plat approval of Phase Three, subject to review and approval by Public Works. ---PAGE BREAK--- 5 Drainage 19. The subdivider shall secure and record a drainage easement on Tract 8, COS #3176, subject to review and approval by Public Works prior to final plat approval. OPG shall review and approve any change in design to the subdivision layout resulting from new or revised drainage easements, prior to final plat approval. All drainage structures, including swales and basins, shall be in place prior to final plat approval. Drainage plans shall ensure that the 100-year twenty-four hour storm is detained with post development discharge from the detention basin limited to pre- development run-off rates. Grading, drainage, and erosion control plans shall be reviewed and approved by the Public Works Department prior to final plat approval of Phase One. Fire 20. Plans for addressing buildings so that address signs are clearly visible from the street in all lighting conditions shall be reviewed and approved by the Fire Department prior to building permit approval and shall be included in the covenants which may not be changed or deleted without governing body approval prior to final plat approval of Phase One. 21. 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. 22. Preliminary driveway plans, including turnarounds / emergency vehicle turnouts for fire apparatus in all weather conditions and driveway widths and grades, shall be reviewed and approved by the City Fire Department prior to final plat approval of Phase One. To ensure compliance with the approved preliminary driveway plan, the City Fire Department shall review and approve final driveway plans prior to building permit approval. Common Areas & Landscaping 23. The covenants shall be amended to require the homeowners’ association to maintain landscaping in all common areas, pedestrian easement areas, boulevard areas not adjacent to lots, and road right-of-way east of Road subject to review and approval by Parks and Recreation, Public Works and OPG prior to final plat approval of Phase One. 24. A landscaping plan for the common areas, the boulevard area improvements, and the road right-of-way east of Road including but not limited to, finish grading, landscaping, a weed management plan, commercial grade irrigation, maintenance and any proposed improvements guarantee and low-maintenance landscaping/hardscape of the roundabout shall be reviewed and approved by the Parks and Recreation Department, OPG and Public Works prior to final plat approval of Phase One. The subdivider shall install improvements to the common area, the roundabout, the road right-of-way east of Road and boulevard areas as detailed in the approved plan prior to final plat approval for each phase or be included in the improvements guarantee, subject to review and approval by the Parks and Recreation Department and Public Works. 25. The subdivider shall file a development agreement that states the developer shall provide all maintenance of common areas, the road right of way east of Road and boulevard areas until enough development to support the homeowner’s association has taken place. The development agreement shall be filed prior to final ---PAGE BREAK--- 6 plat approval for each phase, subject to review and approval by OPG and the City Attorney. 26. A 0.50 acre common area shall be dedicated as a separate parcel along Bell Tower Road, centered between Pious Road and Cattle Drive and as shown on Exhibit 1.1 dated May 2008, to be reviewed and approved by the Parks and Recreation Department. Lot 1 acreage shall be decreased by the amount of common area dedicated. The required changes shall be shown on the final plat and the revised phasing plan, to be reviewed and approved by OPG prior to Phase One final plat approval. 27. The following areas shall be dedicated as common area with acreages indicated on the final plat and the revised phasing plan, subject to review and approval of OPG prior to Phase One final plat approval: the rectangle south of Lot 16 at the east end of Cattle Drive, the 10’ wide strip along the east side of Bell Tower Road south of Cattle Drive, the narrow strip along George Elmer Drive adjacent to Lots 31, 32 and 41, and the area adjacent to Lot 23 as shown on Exhibit 1.1 dated May 2008. Parkland 28. Prior to the recording of the final plat of Phase One of the subdivision, the subdivider shall transfer land south of Cattle Drive and east of Bell Tower Road, 90 feet in width as measured from the western boundary of COS #1498, designated as Buffer Area on Exhibit 1.1 dated May 2008, to become part of the adjacent COS #1498 for use as a buffer between the adjacent property and the subdivision in accordance with the signed MOU between Stockyard Investments, LLC and the McKinnon Family dated April 21, 2008. The transfer of land shall not count as parkland dedication. The subdivider shall provide cash-in-lieu to satisfy any parkland dedication requirements remaining after subtracting the 0.50 acre common area in Lot 1 west of Bell Tower Road from the required parkland dedication. Phasing Plan 29. The phasing plan shall be revised to account for the revisions to the plat per Exhibit 2.1 dated May 2008 and resulting from conditions of subdivision approval, subject to review and approval by OPG and Public Works prior to final plat approval for Phase One. Wildlife 30. The covenants related to wildlife shall be amended with the following language subject to review and approval of OPG and Fish, Wildlife and Parks, prior to final plat approval of Phase One and may not be changed or deleted without governing body approval. Section 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 deer, black bear, mountain lion, coyote, fox, skunk, raccoon 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 FWP’s web site at www.fwp.mt.gov. ---PAGE BREAK--- 7 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. Keep produce and fruit picked and off the ground, because rotting vegetable material can attract bears, skunks and other wildlife. 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. 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 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. d. Pets must be confined to the house, in a fenced yard, or in an outdoor kennel area when not under the immediate control of the owner, and not be allowed to roam as they can chase and kill big game and small birds and mammals. 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). Keeping pets confined also helps protect them from predatory wildlife. e. Pet food should be stored indoors, in closed sheds or in animal-resistant containers in order to avoid attracting wildlife such bears, mountain lions, skunks, raccoons, and other wildlife. When feeding pets do not leave food out overnight. Consider feeding pets indoors so that wild animals do not learn to associate food with your home. f. Barbecue grills should be stored indoors. Keep all portions of the barbecues clean. Food spills and smells on and near the grill can attract raccoons, bears or other wildlife. g. 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. ---PAGE BREAK--- 8 h. Compost piles can attract skunks and other wildlife. If used they should be kept indoors or built to be wildlife-resistant. 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.) i. These “living with wildlife” covenants cannot be altered or eliminated without consent of the governing body. Floodplain 31. The plat and covenants shall be amended to include the following statement: “Basements shall be prohibited in all phases until such time as the developer provides a hydrologic analysis on the proposed subdivision to determine if the construction of basements and/or crawl spaces can be constructed without significant risk of flooding leading to a threat to public safety or loss of property. The analysis shall assess the area for seasonally high groundwater elevations and the mounding of groundwater beneath area irrigation ditches and indicate, if any, areas that would not be suitable for basement or crawl space construction. The analysis will be reviewed by the Missoula Floodplain Coordinator prior to final plat approval of the respective phases.” 32. If any lots are within the FEMA designated floodplain at the timing of final plat approval, the subdivider shall submit a Letter of Map Revision (LOMR) removing all lots from the regulatory floodplain, subject to review and approval by the Floodplain Administrator prior to final plat approval of the first phase of development where the FEMA floodplain is shown on the property (currently Phases Two and Three). Weeds 33. The subdivider shall prepare a Revegetation Plan for disturbed areas in the subdivision requiring landowners to revegetate with beneficial species any areas of ground disturbance created by construction on or maintenance of these lots at the first appropriate opportunity after disturbance occurs. The Revegetation Plan shall specifically address noxious weed management in the Common Area and specify that the grass species included in the Revegetation Plan are not turf species, but are intended for reclamation purposes and are not suitable for areas proposed for maintained turf or lawn or roadsides. The Revegetation Plan shall be incorporated into the covenants and may not be changed or deleted without governing body approval and shall be subject to review and approval by the Missoula County Weed District prior to final plat approval of Phase One. 34. The covenants shall be amended to include a Weed Management Plan (Plan) for all undeveloped and planned open space areas of the subdivision, to be reviewed and approved by the County Weed District prior to final plat approval. The Plan shall include provisions making the developer responsible for its implementation until enough development has occurred to support the Homeowners’ Association. The Plan shall include a mechanism allowing the Homeowners’ Association to assume weed management duties from the developer. The Plan and the covenant provisions related to weed management shall be reviewed and approved by the County Weed District, City Parks and Recreation and OPG prior to final plat approval of Phase One. ---PAGE BREAK--- 9 Covenants 35. The covenants shall be amended to include the SID / RSID waiver statements, which may not be changed or deleted without governing body approval, subject to review and approval by OPG prior to final plat approval of Phase One. 36. The covenants shall be amended to include the Health Department recommendation regarding Energy Efficiency that builders consider using energy efficient building techniques such as building orientation to the sun, appropriately sized eaves, wind breaks, super insulation techniques, day lighting, passive solar design, photovoltaic cells, and ground source heat pumps for heating/cooling, which may not be changed or deleted without governing body approval, subject to review and approval by OPG prior to final plat approval of Phase One. 37. The covenants shall be amended to state, “According to the Missoula City-County Health Department, the Environmental Protection Agency has designated the Missoula area as having a high radon gas potential (Zone Therefore, the Missoula City-County Health Department recommends that all new residences incorporate radon-resistant construction features,” which may not be changed or deleted without governing body approval subject to review and approval by OPG prior to final plat approval of Phase One. 38. Section 7.4 of the covenants for Ranch shall be amended prior to Phase One final plat approval, subject to review and approval by OPG, to include the following as sections that shall not be amended, modified, added to or deleted without consent of the governing body: Paving of Driveways, Prohibition of Wood Burning Devices, Irrigation Water, Common Area Maintenance to be done by Homeowners’ Association, Address Signs, No-Build Zones, Wildlife, No Basements as Flood Hazard Mitigation, Weeds & Revegetation Plan, SID/RSID Waivers, Energy Efficiency, and Radon. ZONING FINDINGS OF FACT Findings of Fact: 1. The property is located west of Hellgate Elementary School, east of 44 Ranch Subdivision and north of Mullan Road, and is legally described as Tract 10, COS #3176, containing 19.94 acres. 2. The subject property is primarily vacant with one existing structure located toward the southeast portion of the property and several historically-significant structures previously located toward the southeast (which have now been removed). It has previously been in agricultural use. 3. Adjacent land uses include residential lots to the west, vacant / agricultural land to the north and south, and a conservation easement with an historic farmstead to the east. 4. The property was formerly within the County’s jurisdiction and zoned “C-RR1” (Residential). 5. The subdivider requested to annex the property into the City, and the City Council adopted Resolution No. 7162 on September 25, 2006, indicating their intent to annex the property. The Resolution of Intent did not address zoning upon annexation in anticipation of a zoning request from the applicant concurrent with the subdivision proposal. 6. Adjacent zoning is mostly “C-RR1” (Residential), which allows residential development ---PAGE BREAK--- 10 at (one) 1 dwelling unit per acre. Property to the northeast is zoned “C-C1” (Neighborhood Commercial), and the 44 Ranch Subdivision to the west is zoned “44 Ranch Special Zoning District” with an allowable density of approximately four dwelling units per acre. The “44 Ranch Special Zoning District”, approved in 2005, matches the land use plan recommendation of four dwelling units per acre on the west side of George Elmer Drive. 7. The applicant requested that the property be zoned (Residential), a multiple dwelling residential zoning district which allows development at densities depending on the number of bedrooms: one studio unit per 1,000 square feet of land, one 1-bedroom unit per 1,500 square feet of land, one 2-bedroom unit per 2,000 square feet of land, and one three bedroom unit per 2,500 square feet of land. Based on this, the allowable density in (Residential), therefore, ranges up to 43 dwelling units per acre. 8. The minimum lot size in (Residential) is 3,500 square feet. All of the proposed lots are over the minimum 3,500 square feet. 9. In general, the (Residential) space and bulk requirements are front and rear yard setbacks of 20’ and a side yard setback of 5’ or 1/3 the height for primary residential structures. Maximum building height is 45’. 10. Condominiums are subject to the Multi-Dwelling Residential Site Plan Standards in Chapter 19.74 of the City Zoning Ordinance. 11. The conceptual site plan for Lot 1 proposes 78 condominium units on 4.99 acres, resulting in a density more closely matching the recommended density in the land use plan. 12. Section P of the application contains conceptual building elevations for the eight-plex buildings. It is important to note that the requested (and recommended) zoning does not guarantee building design of this “traditional mountain ranch” style – only a PUD or Special Zoning District would accomplish that. 13. Detached single dwelling units require two off-street parking spaces, one of which must be outside of the front and rear yard setback. Parking requirements for multiple dwellings depend on the number of bedrooms, ranging from one space per efficiency unit to two spaces for three-bedroom units. The roads within the subdivision are proposed to meet all City standards for driving widths and parking. 14. A variety of City staff encouraged the subdivider to consider higher density development, a greater variety in housing types more interspersed throughout the property, and the integration of neighborhood commercial uses within the development, along the western side of the property. 15. The 2005 Wye-Mullan West Comprehensive Area Plan is the applicable amendment to the 2002/2005 Growth Policy which applies to this property. 16. The land use designation for the subject property is Mixed Use (Commercial) and Residential, with a residential density of sixteen (16) dwelling units per acre. 17. The proposal does not include a mixture of commercial and residential uses. The Mixed Use land use designation extends north toward a potential intersection of England Boulevard (planned to run east-west) and George Elmer Drive (planned to run north-south). 18. A Potential Neighborhood Center indicator is also adjacent to the proposed development. This indicator approximately identifies an area in which planning for a mixture of neighborhood commercial uses is appropriate. So while commercial uses ---PAGE BREAK--- 11 are not proposed with this particular project, they should be encouraged for future development to the north or west. 19. This subdivision proposes greenfield development of a portion of the Ranch property owned by the Family Limited Partnership. Greenfield development is the development of previously undeveloped land, restored land, agricultural properties, and parkland. Typically it is discouraged in more urban settings in favor of infill or redevelopment; however, the 2005 Wye-Mullan West Comprehensive Area Plan recommends high-density development of this property at sixteen (16) dwelling units per acre along with a mixed use (commercial) designation. 20. “Mixed Use developments provide a complementary mix of land use and development types to serve as transitions between single use commercial or industrial areas and residential neighborhoods. Mixing residential and commercial uses within the same building or within the same development serves the residential as well as commercial and industrial uses, enabling people to live near their work and thereby greatly reducing vehicle miles traveled. Typically, within a Mixed Use area either commercial, residential development, or a combination of both, may be proposed with the hope that over time a mixture of complementary uses and walkable neighborhoods will occur. Overall, as development occurs, ensure that a mixture of uses is established in the mixed use area. Two residential densities are recommended: sixteen dwelling units per acre and four dwelling units per acre.” (page 7-13, 2005 Wye-Mullan West Comprehensive Plan) 21. The Mixed Use land use designation encourages placing commercial uses closer to main collectors, arterial and adjacent higher intensity commercial or industrial uses (page 7-14, 2005 Wye-Mullan West Comprehensive Plan). 22. The property is inside the Primary Urban Growth Area and the Wastewater Facilities Service Area. 23. The 2005 Missoula County Growth Policy Update states that the Urban Growth Area establishes “the physical area surrounding the community where growth is encouraged and beyond which growth is limited or discouraged.” (page 4-5) 24. The applicant originally proposed to subdivide the property into fifty-one (51) single dwelling lots and one (1)-acre lot for multiple dwelling residential development. The approved design included 28 townhouse lots, 26 detached single-dwelling lots, and a 4.99 acre multidwelling lot. 25. The property is located within the Air Stagnation Zone. 26. The property is served by City sewer and a public water system. 27. All utilities will be provided to this site – including garbage service, natural gas, electric, telephone and cable television. All new utility service lines will be placed underground. 28. The site is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 29. The Missoula Police Department evaluated the proposed subdivision and provided recommendations regarding access control, surveillance, territorial reinforcement, and target hardening. 30. The property is within the 100-year regulatory floodplain, according to 1988 FEMA floodplain maps. The applicant has proposed to remove all portions of the property from the floodplain through a Letter of Map Revision (LOMR). A condition of subdivision approval requires this be done prior to final plat approval. ---PAGE BREAK--- 12 Conclusions of Law: 1. Whether the zoning is compatible with the Comprehensive Plan 1. The Missoula City Council found the zoning request to (Residential) to substantially comply with the land use recommendation in the Comprehensive Plan/Growth Policy regarding residential density. The rezoning to is documented in Ordinance 3376, passed by the Missoula City Council and approved by the Mayor on May 19, 2008. 2. The zoning of this property complies with some basic goals and objectives of the Comprehensive Plan/Growth Policy. 2. Whether the zoning will lessen congestion in the streets 1. The area is on the fringe of urban development, within the Mullan Road Corridor Sewer District, and the Collector Roadway Resolution shows infrastructure (George Elmer Drive) planned to the west of the property. 2. Development at this location is recommended for, and infrastructure is planned for, up to sixteen (16) dwelling units per acre. 3. Planning for appropriate pedestrian and road connections will lessen congestion in the streets. 3. Whether the zoning will secure safety from fire and other dangers 1. Available tools to mitigate and control the threat to public safety appear to be adequate or could be made readily available. 4. Whether the zoning promotes the health and general welfare 1. Law enforcement personnel and procedures are available to address potential problems of noise, property damage, or personal injury. 2. Available tools to mitigate and control the threat to public safety appear to be adequate. 5. Whether the zoning provides adequate light and air; AND 6. Whether the zoning will prevent overcrowding of the land; AND 7. Whether the zoning will avoid undue concentration of population 1. The Missoula City Council found that approval of B zoning will not adversely impact the provision of adequate light and air, or result in the overcrowding of the land or undue concentration of population. 2. The subdivision design to incorporate adequate buffers to the property east of this subdivision will protect and preserve the historical integrity of that site. 8. Whether the zoning facilitates the adequate provision of public services 1. Zoning this property in compliance with the capital facilities and infrastructure planning for this area facilitates the adequate provision of public services because the area is inside the Urban Growth Area and the Sewer Service Area and is served by public infrastructure. 9. Whether the zoning gives reasonable consideration to the character of the district; AND 10. Whether the zoning gives consideration to the peculiar suitability of the district for the particular uses 1. The zoning request to (Residential) was found by the City Council to be suitable for the subject property and gives reasonable consideration to the character of the district. 2. The condition of subdivision approval for a 90’ wide transfer of land adjacent to the historic property to the east will help address issues of compatibility and consideration to adjacent properties. ---PAGE BREAK--- 13 11. Whether the zoning was adopted with a view toward conserving the value of the buildings 1. The value of the property, from a community standpoint, was diminished with the removal of the historic structures on the southeast side which, if restored and developed as an historic site, would have provided a valuable cultural amenity to the neighborhoods in the area and the Missoula community at large. 2. Careful site and building design and providing adequate connections to adjacent properties will conserve the value of this and nearby properties. 3. Providing adequate distance and landscape buffers (including the 90’ wide land transfer) to the 1883 brick home and the 1870 Homestead on the McKinnon property and to the conservation lands in general will help conserve the value of the property to the east, or at least ensure minimal devaluation of this adjacent property. 12. Whether the zoning will encourage the most appropriate use of land throughout the municipality 1. The Missoula City Council determined that the zoning request to (Residential) will encourage the most appropriate use of this land in the community. 2. Conditions have been recommended on the subdivision which will encourage a more appropriate use of this land. RANCH SUBDIVISION FINDINGS OF FACT ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: 1. Refer to the Zoning Findings of Fact in the section above. Conclusions of Law: 1. The subdivision proposal complies with the proposed (Residential) zoning district. 2. The subdivision proposal is not consistent with the land use designation of Mixed Use, nor some of the goals and objectives, in the 2005 Wye-Mullan West Comprehensive Area Plan, since mixed commercial and residential is not proposed in this subdivision. 3. The subdivision proposal does include several different housing types – detached single dwellings and the possibility of multiple dwellings / condominiums. PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. The property has been traditionally used for agricultural purposes. 2. The soils on the property are classified as 34-Desmet loam, 0 – 2% slopes, which is classified by the U.S. Department of Agriculture, NRCS, as prime farmland soils if irrigated. 3. According to the application, there are no irrigation ditches on the property; however, the / Lowney - Hellgate Valley Irrigation Ditch borders the southern and eastern boundary of the subdivision and runs during the growing season, from April to October. 4. The subdivider has proposed irrigation ditch easements to accommodate these ditches along the southern and eastern property boundaries. 5. The subdivider has requested a variance from Section 3-6 of the Subdivision Regulations which requires 20’ wide irrigation ditch easements to allow a 10’ wide ---PAGE BREAK--- 14 ditch easement on the eastern and southern property boundary. City Council approved this variance request. 6. Bill Schultz, Regional Manager at the State of Montana Department of Natural Resource (DNRC), commented that water rights to the irrigation ditches must be administered through a single entity or the water rights must be reserved and severed from the property being subdivided. 7. The covenants include a notification that the land is classified as irrigated and may continue to be assessed for irrigation water delivery even though the water may not be deliverable and Lot owners may not have water rights, in conformance with Section 76-3-504(i) MCA. Conclusions of Law: 1. This subdivision will result in the loss of farmland, based on soil classification. However, this property is not within active agricultural production, and its zoning and proximity to urban services make it appropriate to consider development on this property. 2. The public interest is not being served by the continual loss of prime agricultural land. The area, however, is also on the fringe of urban development, within the Mullan Road Corridor Sewer District, and the Collector Roadway Resolution shows infrastructure (George Elmer Drive) planned to the west of the property. 3. No impacts to agricultural water users or water user facilities are foreseen as a result of this subdivision, as long as appropriate easements are provided and the issues raised by DNRC are addressed. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads, Driveways and Drainage Findings of Fact: 1. The site is proposed to be accessed from Mullan Road to George Elmer Drive. 2. George Elmer Drive was not an approved access to Mullan Road at the time of review. The Montana Department of Transportation commented that they would not approve a public approach until an MOU is completed for future mitigation of impacts to the this intersection. 3. The City Engineer comment that the subdivider “will be required to enter into a Memorandum of Understanding (MOU) with the City, State, and the 44 Ranch developers relating to financial participation for the construction of the roundabout at Cattle Drive/George Elmer Drive, for the Mullan Road/George Elmer Drive traffic signal, and all George Elmer Drive base roadway improvements.” This is a condition of approval that was modified by City Council to be in accordance with existing City, State and 44 Ranch developer MOU’s. 4. The application contains a Memorandum of Understanding between the City of Missoula and the subdividers of 44 Ranch regarding the George Elmer Drive Signalization Project, dated August 2007 (Section This agreement requires signalization at Mullan and George Elmer Drive at such time as traffic counts warrant the signalization, as determined by the City of Missoula and the Montana Department of Transportation. 5. Glen Cameron, Missoula District Traffic Engineer, originally commented that George Elmer Drive is not an approved public access to Mullan Road, and that the existing ---PAGE BREAK--- 15 roadway work for George Elmer Drive is a result of an encroachment permit issued to 44 Ranch for infrastructure work only. 6. A condition of approval requires an approach permit for public access from Mullan Road to George Elmer Drive prior to final plat approval of this proposed subdivision. Glen Cameron of MDT confirmed in November 2008 that the approach permit had been granted. 7. As of the review period for this subdivision, MDT and the City of Missoula were working on an MOU for the required future mitigation of the Mullan / George Elmer intersection. Required mitigation will include traffic signal control and realignment of Mullan Road at George Elmer Drive. 8. The Montana Department of Transportation recommends the subdivider conduct a traffic study to determine when a traffic signal would be warranted. 9. The Montana Department of Transportation is very concerned with traffic volumes on Mullan Road and the adjacent transportation system. Glen Cameron states, “There are not MDT projects planned, nor is there any funding available for any improvements to the adjacent transportation system in the foreseeable future. I encourage the City of Missoula and County to work with all developments in creating and assessing alternative ways, such as mitigation or impact fees, to fund needed transportation improvements in the area.” 10. The property is within the Airport Area Street Grid Resolution Plan adopted January 17, 2001 (Resolution #2001-005). This plan shows approximate locations of major road connections as part of a grid road system in this area. 11. The collector roadway system shown in the map attached to the Resolution displays a planned or potential collector street connection west of Reserve Street, between West Broadway and Mullan Road. 12. George Elmer Drive is proposed as a major arterial with an 80’ wide public right-of- way with a 48’ wide paved road. City Council approved a variance allowing for an arterial right-of-way width under the 120’ standard. A roundabout is planned at the intersection of George Elmer Drive and Cattle Drive, to be constructed during Phase One with costs being shared proportionately between Ranch and 44 Ranch. City Council expressed a desire for a low-maintenance roundabout design. 13. All interior roads are proposed as public roads which will meet the minimum right-of- way width and surface width. Road widths could be reduced in some cases and still meet City Subdivision Regulations. Review of interior roadway plans is required in a condition of approval. 14. A sixty-foot private access easement / right-of-way located along the southern boundary was proposed by the subdivider to be abandoned. 15. City Council required that a portion of the original right-of-way remain intact, to connect to a public roadway/access that would be a southern extension of Bell Tower Lane from Cattle Drive. This would enable future connection from George Elmer to properties east of this subdivision. 16. Future road connections east could include directly out to Lane, or south via Tipperary to Mullan Road. These rights-of-way are not secured for public use at this time, nor are they recommended for vehicular connections, but establishing these rights-of-way with this subdivision sets the framework for interconnectivity should this be desired in the future. ---PAGE BREAK--- 16 17. The subdivider originally proposed a 60’ wide conditional access easement extending east off of Pious Road, without clarifying under what conditions this easement would become public right-of-way. The approved subdivision design extended this road to the eastern subdivision boundary. 18. The City Engineer, as well as OPG, including the Transportation Planning Division, advocate for preserving a portion the right-of-way along the full southern boundary of the subdivision, connecting to an extension of Bell Tower Road south from Cattle Drive. 19. This connection would establish interconnectivity that could one day connect to Lane and/or Mullan Road, thus alleviating the traffic congestion on George Elmer Drive and Mullan Road. This would also allow for future connection directly to Hellgate Elementary School without the need to gain access to the school via Mullan Road and Lane. 20. A condition of approval also requires that the existing right-of-way along the southern boundary of the subdivision remain in place and connect from the eastern property line to George Elmer Drive. 21. The City Engineer also recommended a variety of minor changes to the proposed roads--such as final curb designs, lighting, specific roundabout improvements, traffic management devices such as splitter islands, a signing and striping plan, etc. 22. As originally proposed, the subdivision was expected to generate 924 – 1,320 AADT (Average Annual Daily Trips), based on an estimated 7 – 10 trips per residence per day. 23. The plat contains an RSID/SID waiver statement for improvements to Mullan Road, George Elmer Drive, England Boulevard, and all streets within the subdivision. 24. City Subdivision Regulations Section 3-4(2)(C) states that all surface run-off in addition to that normally present before subdivision shall be retained on site or released from the site in a manner which will not substantially increase the peak run- off normally present before subdivision. 25. The subdivider proposed a storm system consisting of curb & gutter on all streets, and catch basins piping flow to an off-site detention basin. The detention basin would contain an outlet structure that would limit the outlet flow rate to pre- development flow conditions. The storm water would then exit the outlet structure into a natural drainage swale where the storm water currently runs toward Grant Creek. 26. A variance is required to allow disposal of storm water runoff off-site at greater than pre-development levels. The Missoula City Council supported conditional approval of this variance request, requiring that appropriate drainage easements be secured, the drainage structures be constructed and Public Works approve the drainage plan prior to final plat approval. 27. The Health Department Water Quality District commented that storm drainage presents challenges on this site and storm water infiltration may be problematic in the area, stating, “conventional storm drains with a discharge to Grant Creek would not be a desirable option without significant retention areas to mitigate peak storm flows and provide for settling of sediments that carry the majority of contaminants found in storm water.” 28. A detention basin is proposed to be constructed north of the property, on Tract 8, COS #3176, in an area where storm drainage naturally collects. ---PAGE BREAK--- 17 29. A drainage swale will be built from the outlet pipe at the north end of the property to the storm drain that runs along George Elmer Drive and will outlet directly into the detention basin. 30. The detention basin will have a bottom area of 7,570 square feet with 3:1 side slopes. 31. The Health Department recommends adequate easements as well as a City and County cooperative review of the storm water drainage plans to ensure no impacts to the Grant Creek Floodplain Restoration Project. 32. The County Public Works Director Greg Robertson commented that this subdivision won’t affect the Grant Creek Floodplain Restoration Project as long as the 100-year twenty-four hour storm is detained with post development discharge limited to pre- development run-off rates. 33. The City Engineer has requested a plan that demonstrates how storm water runoff will reach Grant Creek without impact to adjacent properties. 34. A condition of approval requires the subdivider to secure and record a drainage easement on Tract 8, COS #3176, subject to review and approval by Public Works prior to final plat approval, and that all drainage structures, including swales and basins, shall be in place prior to final plat approval. 35. Grading, drainage and erosion control plans will be reviewed and approved by Public Works prior to final plat approval. Conclusions of Law: 1. The proposed subdivision meets the required road and drainage with conditional approval of the drainage variance and imposition of the required conditions of approval. 2. Adverse impacts to public health and safety relative to roads and drainage which result from the proposed subdivision are mitigated with the imposition of conditions of approval. Pedestrian Access Findings of Fact: Sidewalks 1. The Missoula City Subdivision Regulations require 5’ wide concrete boulevard sidewalk with 7’ wide landscaped boulevard along both side of all roads except for George Elmer Drive. 2. The east side of George Elmer Drive is required to have 6’ wide concrete boulevard sidewalk with 10’ wide landscaped boulevard. 3. The subdivider proposes to meet these sidewalk and landscaped boulevard standards with the exception of the east side of Bell Tower Road adjacent to property that will be transferred to the adjacent property owner in order to create a buffer. Other areas not planned for sidewalk construction include the south side of Road B, and the north side of Pious Way. This requires a variance to Subdivision Regulation Section 3-2(15)(A), which was approved by the Missoula City Council. 4. Subdivision Regulation Section 3-2(15)(E) states that non-motorized facilities “shall be continuous and provide access …to adjoining developments, ...schools, playgrounds, shopping, transportation, parks, common areas or open space, other lots, or non-motorized transport facilities and community facilities which are existing or reasonably anticipated.” ---PAGE BREAK--- 18 5. A 5’ wide sidewalk at the end of Road A was approved by City Council. This permits a pedestrian connection between this cul-de-sac and George Elmer Drive. 6. The 2005 Wye Mullan West Comprehensive Plan includes transportation guidelines for the Mixed Use land use designation and the area of subdivision in general. It encourages development of a connected street grid pattern with multiple choices for connections to the main collector routes. (page 7-14, 2005 Wye-Mullan West Comprehensive Area Plan). 7. An applicable Development Criterion from the 2005 Wye-Mullan West Comprehensive Area Plan is to “encourage pedestrian and transit-friendly development.” This proposal includes a general street grid pattern with boulevard sidewalk. 8. The Health Department, Air Quality Division, Urban Initiatives, and City Public Works Department comments reflect a strong interest in providing a pedestrian access from the subdivision east to Hellgate Elementary School. 9. A Development Criterion in the 2005 Wye-Mullan West Land Use Plan is to “encourage pedestrian and transit-friendly development.” This proposal includes a street grid with boulevard sidewalk throughout. Several internal streets terminate in cul-de-sacs, some with future right-of-way easements giving consideration to future street extensions. Several agencies have recommended extension of a non- motorized pedestrian system extending to the east to allow for a potential circulation pattern for children walking to Hellgate School. 10. The subdivider has proposed to abandon the 60’ wide public access easement along the southern property boundary which offers any hope of connecting to the east on the southern end of the property. Staff has recommended that a portion of this right-of-way remain intact. 11. At this time, no connection can be made from this property east to Hellgate Elementary School, since the McKinnon / Ranch homestead property does not have any public access rights associated with it. At some point in the future, access across their property (east/west) may be dedicated or acquired. 12. Ben Schmidt, Air Quality Specialist at the Health Department, advocates for “sidewalks, bike lanes, equipment for bikes, and an appealing, walkable street design to increase the number of people who get outside and are physically active, to increase the safety for everyone which makes parents and seniors more supportive of their use, and make the areas more affordable. The facilities should be designed with real, appealing destinations in mind.” 13. A five foot wide bike lane is proposed for striping along the east side of George Elmer Drive. 14. This subdivision is not within the Missoula Urban Transportation District, and Mountain Line has recommended that the subdivider petition this property into the district. The site will be served by Mountain Line Bus Route #10. Conclusions of Law: 1. The proposed subdivision meets the required standards for boulevard sidewalk and landscaped boulevard along the streets in the subdivision with approval of the sidewalk variance applicable to the east side of Bell Tower Road, the north side of Pious Road and the south side of Road B. 2. Adverse impacts to public health and safety relative to pedestrian access which result from the proposed subdivision could be mitigated with the imposition of conditions of ---PAGE BREAK--- 19 approval to minimize impacts to public health and safety and improve pedestrian circulation. Water and Sewer Systems Findings of Fact: 1. The proposed subdivision will be served by City sewer and Mountain Water Company. 2. The subdivider proposes to connect all lots to City sewer located in George Elmer Drive west of the property. 3. Review of water and sewer systems is under the jurisdiction of state and local health authorities under the Montana Sanitation in Subdivision Act. Conclusions of Law: 1. Water and sanitary sewer will be provided to this subdivision. Solid Waste Findings of Fact: 1. BFI will provide disposal service to the subdivision. Conclusions of Law: 1. Solid waste disposal is available to the subdivision. Parks and Recreation Findings of Fact: 1. City Subdivision Regulations Article 3-8(3) requires the subdivider dedicate park land or cash-in-lieu of parkland totaling 11% of the lands proposed to be subdivided into lots less than ½ acre, 7.5% of the lands proposed to be subdivided into lots larger than ½ acre and not larger than one acre, and 5% of the lands proposed to be subdivided into lots larger than one acre and not larger than three acres. 2. According to the original subdivision application, the parkland dedication required for this 19.94-acre subdivision with 8 acres of lotted area (in less than five acre lots) is .88 acres. 3. The applicant originally proposed payment of cash-in-lieu of parkland dedication. The Parks and Recreation Department supports the proposal for the cash-in-lieu of contribution and indicates this contribution will be used to benefit the park approved in 44 Ranch to the west. 4. Common area is shown on the revised and approved exhibit adjacent to the roundabout, in a thin strip east of Bell Tower Road, the rectangle south of Lot 16, along the narrow strip along George Elmer Drive adjacent to Lots 31, 21 and 41, and the area adjacent to Lot 23 as shown in the revised exhibit. This is in accordance with a required condition of approval. 5. Section P of the application contains a landscaping plan for the street tree plantings, the proposed buffer strips, in the corners around the roundabout, and along George Elmer Drive. A condition of approval requires a more detailed landscape and boulevard tree planting plan to be reviewed and approved by City Parks and Recreation. 6. A development agreement is typically required to be filed that states the developer shall provide all maintenance of common area(s), pedestrian easements, and boulevard areas until enough development to support the Homeowners’ Association ---PAGE BREAK--- 20 has taken place. A condition of approval requires the Homeowner’s Association to maintain landscaping in all common areas, pedestrian easement areas, boulevard areas not adjacent to lots, and road right-of-way east of Road 7. A 5+ acre park was approved in the 44 Ranch subdivision on the west side of George Elmer Drive. This park is located approximately ¼ mile west of the Ranch Subdivision. 8. The applicant redesigned the subdivision to include 0.5 acre of common area within the multidwelling lot. The Missoula City Council determined that this 0.5 acre could contribute toward required parkland dedication. A condition of approval requires this common area to be platted as a separate parcel. 9. Until March 2007, the property contained three historic agricultural structures dating back to the 1870’s (a granary, a bunkhouse and a barn). At that point, these structures were removed from the property, despite tremendous efforts to encourage the subdivider to retain these structures and incorporate them into the subdivision. It is not clear if removal of these structures is in direct violation of the subdivision regulations; however, it is certainly contrary to the spirit and intent of the subdivision regulations. 10. Section 3-1(5) states, “The design and development of subdivisions shall substantially preserve or enhance the unique character of an area…to the maximum extent possible…” 11. Save Open Space, which holds the conservation easement on the historic homestead property to the east, and the Historic Preservation Officer provided extensive comment regarding the importance of preserving the structures that were removed to the original location and maintaining them in good condition. The Parks and Recreation Department also advocated for these structures to be preserved. 12. The applicant and adjacent property owner negotiated a means of providing a mutually-beneficial buffer adjacent to the subdivision and Certificate of Survey #1498. A 90’ wide buffer was agreed upon which would be transferred to the property owners to the east in accordance with a signed Memorandum of Understanding. This buffer area was determined by City Council to not count toward parkland dedication. Conclusion of Law: 1. The proposed subdivision will meet the required amount of parkland dedication in the form of common area and cash-in-lieu of parkland. 2. This proposed subdivision mitigates impacts to adjacent historic properties through the use of adequate open space buffers as described in an imposed condition of approval. Schools Findings of Fact: 1. According to the application, this subdivision will result in approximately ninety-nine (99) additional school age children being added to the district. 2. Children from this subdivision will attend Hellgate Elementary and Middle School, and Big Sky High School. Conclusions of Law: 1. No adverse impacts on schools requiring mitigation have been identified. ---PAGE BREAK--- 21 Fire Department Findings of Fact: 1. Once annexed, the subdivision will be within the City of Missoula Fire Department service area, and fire emergencies will be handled by Station located at Latimer Street, approximately 2.5 miles from the subdivision. 2. City Fire Marshal Bob Rajala states, a. that all houses must be addressed visible from the street; b. that hydrants capable of providing the minimum fire flow, location to be determined by the Fire Marshal, shall be in place prior to combustible construction; and, c. that all access roads must provide for 20 feet of unobstructed width for emergency vehicle response. 3. Marshal Rajala also suggested that all new homes in this subdivision be equipped with residential fire sprinklers. 4. The plat contains an RSID/SID waiver statement for a public or community water system for fire protection. Conclusions of Law: 1. Fire service is available to the subdivision. Safety will be improved with the recommended conditions as adopted. Police Department Findings of Fact: 1. The subdivision is located within the jurisdiction of the Missoula Police Department. 2. The Missoula Police Department evaluated the proposed subdivision and provided recommendations regarding access control, surveillance, territorial reinforcement, and target hardening. 3. The City Police Department discouraged completely disconnecting the subdivision from adjacent areas or subdivisions. 4. Rob Scheben, Crime Prevention Officer at the Missoula Police Department, stated: a. “Property lines should be defined by landscaping or post and pillar fencing.” b. “Private areas should be defined with plantings, pavement treatments or fences…especially adjacent to common areas.” c. “Open green spaces and recreational areas should be located so that they can be observed from nearby homes.” d. “Pedestrian scale street lighting should be used in high pedestrian traffic areas.” e. “Lots, streets and houses should be designed to encourage interaction between neighbors” 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 site is generally flat, with a gradual slope rising to the east. 2. Although the property is in the suburban fringe of Missoula and is becoming built- out, there are extensive open lands to the north and west and Grant Creek is nearby. Wildlife such as white-tailed deer, raccoon, skunk, coyote, fox and magpie ---PAGE BREAK--- 22 are found in the area, as well as the potential black bear or mountain lion. Small mammal and bird species could be found nearby. 3. According to Montana Department of Fish, Wildlife and Parks, there is general likelihood of human/wildlife interactions at this location. Therefore, they have recommended covenants to help residents deal with and avoid potential wildlife conflicts. This is a condition of approval. 4. Save Open Space expressed concern about the loss of wildlife habitat and impacts to wildlife in the area. 5. Otherwise none of the state or local wildlife agencies expressed concern about impacts to wildlife resulting from this subdivision. 6. The Project Overview states that the area along the southern irrigation ditch is vegetated with a few cottonwood trees. This area is covered by the proposed 10’ wide irrigation ditch easement. This vegetation does not constitute an area of riparian resource subject to a riparian management plan required in the subdivision regulations. 7. The covenants state that existing vegetation shall not be removed from the irrigation ditch areas, except as required for maintenance. Conclusions of Law: 1. No adverse impacts to the natural environment and wildlife habit have been identified as a result of the proposed subdivision that conditions couldn’t mitigate. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: 1. The Missoula City Fire Department will serve the property. The Missoula City Police Department will provide law enforcement services. 2. Mountain Water will serve the property. Connection to city sewer is proposed. 3. The property is located within the Air Stagnation Zone. All new roads must be paved. 4. The Health Department commented that all new driveways must be paved 20 feet back from the edge of road pavement or the right-of-way boundary, whichever is longer. The covenants state that all driveways will be paved. 5. The EPA has designated Missoula as having a high radon potential (Zone The covenants contain a provision advising property owners of the Health Department recommendation that all new construction incorporate radon resistant construction features. 6. The Missoula City-County Health Department recommends that builders consider using energy efficient building techniques such as building orientation to the sun, appropriately sized eaves, wind breaks, extra insulation, passive solar lighting, solar heating, and ground source heat pumps for heating/cooling. Increased energy efficiency reduces air pollution, reduces the need for people to use cheaper heating methods that pollute more and helps protect the consumer from energy price changes. The covenants do not contain this recommendation. 7. Missoula City-County Air Pollution Control Program regulations prohibit the installation of wood burning stoves or fireplaces. Pellet stoves that meet emission requirements or natural gas or propane fireplaces may be installed. Pellet stoves require an installation permit from the Health Department. The covenants contain this provision. ---PAGE BREAK--- 23 8. The Missoula County Weed District stated that the Revegetation Plan in the application is incomplete as it needs to list the species and seeding rates of all species used for revegetation. Bill Otten, Weed Prevention Coordinator, states, “Missoula County Weed District will not accept Revegetation Plans in the Montana Public Works Standard Specifications format—they will only accept plans on the Revegetation Plan for Disturbed Sites form.” 9. The Missoula County Weed District recommends that the subdivider prepare a Revegetation Plan for disturbed areas requiring revegetation with beneficial species of any ground disturbance created by construction on or maintenance of these lots. 10. The Weed District also recommends the subdivider include statements in the covenants requiring lot owners to maintain their lots in compliance with the Montana County Weed Control Act and the Missoula County Noxious Weed Management Plan and require landowners to revegetate ground disturbances with beneficial species at the first appropriate opportunity after disturbance occurs. 11. According to Todd Klietz, City Floodplain Administrator, and the current FEMA maps, the Grant Creek 100-year floodplain runs through the northern portion of this property. 12. Todd Klietz states that, depending on the timing of filing of the subdivision and the publication of the new FEMA floodplain maps (currently expected to be published 9/2007), the correct location of the Grant Creek channel should be identified and future owners not required to pay flood insurance.” Otherwise, the subdivider will be required to submit and be granted a Letter of Map Revision (LOMR) showing that none of the proposed lots are within the floodplain. A condition of approval requires a LOMR application be submitted and granted by FEMA prior to final plat approval. 13. The subdivider states, “The location of Grant Creek has been changed since the mapping of the 100-year floodplain. A Letter of Map Revision (LOMR) will be submitted to FEMA in order to remove the section of the subdivision within the floodplain from the regulatory floodplain.” 14. Todd Klietz also recommended that groundwater levels should be further evaluated if sub-grade structures (basements/split levels) are to be constructed, particularly on lots adjacent to irrigation ditches. 15. The plat includes a statement that basements shall be prohibited in all phases until such time as the developer provides a hydrologic analysis on the proposed subdivision to determine if the construction of basements and/or crawl spaces can be constructed without significant risk of flooding leading to a threat to public safety or loss of property. The analysis shall assess the area for seasonally high groundwater elevations and the mounding of groundwater beneath area irrigation ditches and indicate, if any, areas that would not be suitable for basement or crawl space construction. The analysis will be reviewed by the Missoula [County] Floodplain Coordinator. This statement appears to address groundwater concerns raised by the Floodplain Administrator. A condition of approval requires this statement to be included in the covenants which may not be amended or deleted without governing body approval. 16. Greg Robertson, County Public Works Director, stated that the project won’t affect the Grant Creek Floodplain Restoration Project as long and the 100-year, 24-hour storm is detained, with post-development discharge limited to pre-development runoff rates. Further, the channel proposed for off-site discharge conveyance must ---PAGE BREAK--- 24 be encumbered with a drainage easement to protect this corridor as other subdivisions occur in the area. 17. A condition of approval requires drainage plans to ensure that the 100-year twenty-four hour storm is detained with post development discharge from the detention basin limited to pre-development run-off rates. 18. The property is within the Airport Influence Area. The Federal Aviation Administration (FAA) categorizes the Missoula International Airport as a Primary Non-Hub under the FAA’s National Plan of Integrated Airport Systems (NPIAS). Subdivisions in the Airport Influence Area are required to grant an avigation easement to the Missoula County Airport Authority. 19. The plat states that the property is subject to an avigation easement recorded in Book 360 Micro, Page 2047. 20. Building plans and specifications will have to include a scaled map showing the distance from proposed facilities to the airport, elevation at construction site, and heights of proposed construction. 21. The Airport has relied upon scatter diagrams based upon different theories for analysis of crash data. This analysis resulted in creation by the Airport of areas designated as Extended Approach and Departure Areas (EADA). Tracts 10 appears to lie south of the EADA of the Main Runway; however, an area on the southern end of the property appears to lie within the EADA for the proposed second runway. 22. The southwestern portion of the property is constrained by the Extended Approach and Departure Area (EADA), based on a new runway separated from the centerline of the existing main runway by 2,800’ as based on the 2002 California Airport Land Use Planning Handbook as expressed at the December 7, 2004 Missoula Consolidated Planning Board meeting. 23. A planning principle expressed in the Wye-Mullan West Land Use Plan is, “Keep land uses compatible with the Airport Master Plan.” (page 6-1) 24. An Airport Layout Plan recommended future expansion of runway capacity with one alternative being the addition of a second parallel runway serving general aviation. The airport currently encompasses about 1,800 acres and seeks to eventually expand to 3,100 acres. 25. This EADA area is a potential location for a second runway. The Airport Authority is currently working on a Master Plan that will examine the runway in greater detail including location and at what point will it become necessary. 26. The airport’s preferred alternative locates the second runway approximately 2,800 feet south and parallel to the main runway. However, location of the potential second runway and its construction is uncertain until an Airpsace Feasibility Study and an Environmental Assessment (EA) are completed and aviation purpose and need are demonstrated. Consequently, predictions for when construction of the second runway would begin have varied greatly. Airport correspondence suggests construction could begin within 10 to 20 years. The 2004 Draft EA prepared by the Airport Authority acknowledges that forecasted aircraft activity does not support the need for extra capacity within the airport planning period of 20 years. 27. Cris Jensen, Director of the Missoula Airport Authority, stated in response to questions about the proposed Ranch Subdivision, “I believe that there will be a parallel runway in the future, the question is when and exactly where.” ---PAGE BREAK--- 25 28. Cris Jensen also commented, “We would prefer compatible uses [in the EADA] — commercial and industrial would be our first preference.” He also states, “Our preference, of course would be "No Build" but if that is not acceptable then I would prefer low density” and, “We would prefer to not have houses in the approach to the future parallel runway.” Conclusions of Law: 1. Adverse impacts to public health and safety identified as a result of the proposed subdivision could be mitigated with the imposition of conditions of approval. 2. Any subdivision of this property should follow the above recommendations to minimize impacts to public health and safety. 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 5 of M.C.A. 76-3. 2. The subdivision, as approved, required five variances. 3. The plat was approved in three phases over six years from the date of preliminary plat approval, as described in the subdivision Phasing Plan. 4. Phase One is located on the western side of the property, plus the area adjacent to the 90’ buffer on the east side of Bell Tower Road, and will be filed within two years of preliminary plat approval. Phase Two is located on the eastern side of the property on either side of Granary Lane, and will be filed within four years of preliminary plat approval. Phase Three is located on the southern side of the property and will be filed within six years of preliminary plat approval. 5. Phase 1 consists of the 4.99 acre multidwelling lot with the required 0.5 acre common area. This phase includes the roundabout that will be constructed at the intersection of Cattle Drive and George Elmer Drive. Sewer will be connected to the existing main line in George Elmer Drive and extended to Phase 1. The sewer main lines and services within the Phase 1 area will be constructed. 6. Phase 2 consists of 21 lots on either side of Granary Road, which shall be extended east from where Cattle Drive improvements terminate at the end of Phase One. A portion of Granary Road will connect to Pious Way. 7. Phase 3 consists of 15 lots and will include construction of a cul-de-sac road. 8. Section 3-1(9) of the City Subdivision Regulations states, “The subdivision shall not result in the destruction, loss or damage of significant …historic features.” 9. In March of 2008, the structures on the site were removed from the property, despite tremendous efforts to encourage the subdivider to retain these structures and incorporate them into the subdivision. It is not clear if removal of these structures, ---PAGE BREAK--- 26 dating back as early as the 1860’s, is in direct violation of the subdivision regulations. 10. The Project Summary for the amended subdivision states that there is “one remaining outbuilding which is the granary building that was part of the original homestead of the family. The family is allowing the developer to incorporate this building into the project.” It is not clear from the application what the intended future of the existing structure is and what is meant by “incorporating this building into the project.” 11. The Wye-Mullan Area Comprehensive Plan refers to the need to establish transitions between considerably different uses. The importance of transition from new development to existing development and consideration of existing character were main themes throughout the Wye Mullan Area planning process and plan development. 12. The Neighborhoods Chapter states that “new development should reflect and respect characteristics of existing development.” (Page 3-3, Wye-Mullan Area Comprehensive Plan). Key planning principles that reflect this concept include: “consider continuity of character in development; complement the character of the existing neighborhoods, and respect, preserve, and manage historic resources.” (Page 3-1, Wye Mullan Plan). 13. Additionally, the Neighborhood Chapter also provides guidance with regards to treatment of historic resources. A Plan objective is to “encourage the preservation and adaptive reuse of historic structures or systems,” with the following related strategies for potential implementation: “support compatible uses for historic property that require minimal alteration of structure, site, and environment; and encourage development to avoid destroying, removing, or altering historic materials or distinctive architectural features.” (Page 3 – 14, Wye Mullan Plan). 14. A goal of the Neighborhoods Chapter is to “integrate new development and infrastructure with existing land use patterns to achieve overall compatibility with the neighborhood character and uses.” (Page 3-1, Wye Mullan Plan). In addition, a stated objective is to “recommend urban levels of development where services and amenities exist, while also fitting with the character of the area.” (Page 3-14, Wye-Mullan Plan). 15. The Wye-Mullan Plan encourages consideration of cultural resources as an element of park resources. One of the Plan’s stated objectives is to “incorporate areas with cultural, historic resources into parks and trail systems.” 16. The Community Guidelines (Appendix 3.2) include a section on compatibility with the stated objective: Compatibility with surrounding developments and transition between new and existing uses occurs through a gradual shift in development patterns; through the reflection of certain characteristics of existing development; through buffering by means of additional distance and landscaping between developments; or through the screening of one use from another. These techniques help to reduce nuisance impacts such as dust, noise, light glare, signs, and buildings. (Appendix 3.2 Page 3) 17. In order to implement the stated objective, the following guidelines should be considered: ---PAGE BREAK--- 27 a. Enlarge buffers with additional width or increased landscaping including trees. (page 3.2-3) b. Place larger lots and wider setbacks adjacent to existing lower density development. (page 3.2-4) 18. The portion of the Farm/Ranch located adjacent to the proposed subdivision on the east is listed in the National Register of Historic Places (24MO249) and includes the McKinnon/Edwards homes, and a 40+/- acre piece of the original Farm/Ranch, which was filed with the Government Land Office in 1872 by Michael an Irish immigrant homesteader. 19. The McKinnon/Edwards home and land to the east of the proposed subdivision are preserved in perpetuity from development with a conservation easement held by Save Open Space. 20. The adjacent McKinnon/Edwards brick farm house dates to 1883, when it was completed by Michael and Kate To the rear of the brick house is the original 1870 homestead cabin, which was relocated and preserved in this new location, approximately 10 – 15 feet from this property line (see Existing Conditions Map in Section 21. The original application indicated a plan to place six enclosed garages containing four parking spaces each and four storage spaces located on the east side of Block 2, at approximately 30’ from the property line. 22. Comment from Save Open Space includes, “The proposed 30’ buffer area will need to be expanded in order to adequately provide a buffer between the subdivision and McKinnon’s historically significant property. As an example, the neighboring 44 Ranch subdivision design provides a no build buffer zone, as well as a transition buffer of 150 feet between an existing subdivision and higher density in the new development. “ 23. During review of a subdivision of similar residential use to the west of this site (44 Ranch Subdivision), Council approved larger lots adjacent to an existing one-acre subdivision (44 Ranch Estates). Similar consideration should be given for this proposal. 24. The land use designation for the McKinnon/Edwards property to the east is Parks and Open Space, in recognition of the historic and open space value of this area. 25. In June 2007, the Planning Board recommended a 100’ buffer along the west side of COS #1499 and north side of COS #1499 and COS #1377, and to designate this area as parkland to meet the parkland dedication requirements. 26. In the absence of the historic structures which were removed and would have provided a buffer to the National Historic Register property to the east, a 100’ buffer is recommended along the east edge of Block Two and along the northern border of COS #1377 and 1498. 27. The applicant and representatives of the McKinnon/Edwards property to the east negotiated a settlement that would set aside a 90’ wide buffer adjacent to COS #1498, which would actually be incorporated into this ownership. The Ranch developer retains a 10’ strip adjacent to the Bell Tower Road right-of-way. The terms of the land transfer are contained in a condition of approval. 28. The redesigned version of the subdivision created block exceeding the 480 foot standard, including the multidwelling lot and the block containing Lots 2-15. City Council supported the variance due to the merits of the subdivision redesign. ---PAGE BREAK--- 28 Conclusion of Law: 1. The developer has submitted a plat which does not comply with the requirements of local subdivision regulations; however, the subdivider has been granted approval to variances that bring the plat into compliance and conditions of approval have been adopted which brings the proposed subdivision into conformance with local land use regulations. 2. Removal of historic structures, if not a violation of the subdivision regulations, is contrary to the spirit and intent of the subdivision regulations. 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. Notice of public hearing on this minor subdivision was published in the Missoulian on December 2nd and 9th, 2007. Certified letters were mailed to adjacent property owners and letters were sent first class to interested parties and property owners within 150’ of the area of rezoning on November 9th, 2007. The property was posted in two locations on November 16th, 2007. 3. The Missoula Consolidated Planning Board held a public hearing on the subdivision on December 18th, 2007. 4. The Missoula City Council held a public hearing on the subdivision on January 14th, 2008. Subsequent meetings were held, and the subdivision was finally approved by City Council on May 19, 2008. 5. 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 street rights-of-way as well as in easements between and across many of the proposed lots, and a note on the plat states that all common areas are subject to a public utility easement. 2. All new utilities will be placed underground. 3. Northwestern Energy will provide natural gas and electric service, although Joe Wulf, Division Engineer at Northwestern Energy indicated that Missoula Electric Co-op may also provide electric facilities to a portion of the subdivision. ---PAGE BREAK--- 29 4. Qwest will provide telephone service, and cable TV will be provided by Bresnan Communications. Conclusions of Law: 1. The provision of easements for utilities will be met by this subdivision. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access is proposed to be provided to the subdivision via George Elmer Drive located on the west boundary of the subdivision. 2. Glen Cameron, Missoula District Traffic Engineer, originally commented that George Elmer Drive is not an approved public access to Mullan Road, and that the existing roadway work for George Elmer Drive is a result of an encroachment permit issued to 44 Ranch for infrastructure work only. Glen Cameron confirmed in November 2008 that an approach permit for George Elmer Drive has since been issued. 3. MDT and the City of Missoula are working on an MOU for the required future mitigation of the Mullan / George Elmer intersection, which will include traffic signal control and possible realignment of Mullan Road at George Elmer Drive. 4. A condition of approval requires the subdivider to present evidence of issuance of an approach permit for public access by the Montana Department of Transportation for George Elmer Drive to connect to Mullan Road prior to final plat approval of Phase One. Conclusion of Law: 1. The subdivision proposal meets physical access requirements. 2. The subdivision will meet legal access requirements if the condition of approval requiring an approach permit for Mullan Road and George Elmer Drive is met.