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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY Attachment B Dale McCormick Professional Consultants, Incorporated (PCI) P.O. Box 1750 Missoula, MT 59806 February 11, 2008 RE: Conall Grove Subdivision City Council Action Dear Dale, At its regularly scheduled meeting of January 8, 2008, the Missoula City Council voted unanimously (12-0) to approve the annexation, zoning upon annexation to RLD-4, and Conall Grove Subdivision for a two-year approval period. The approval is subject to the conditions listed in the attached document entitled “Conall Grove Subdivision - Conditions of Subdivision Approval”. The reasons for the decision to approve the subdivision, including the imposition of any condition of approval, may also be found in the public record, including the report containing the 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 3-2(3) requiring a 28’ paved surface width for Red Osier Way be conditionally approved to permit a 24’ paved surface width, 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(15)(A)(1), requiring boulevard sidewalks on both sides of Red Osier Way, be conditionally approved to permit installation of a curbside sidewalk on the north side and a boulevard sidewalk on the south side, 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)(B) requiring a 5’ sidewalk and 10’ boulevard standard for Grove Street, be denied. ---PAGE BREAK--- 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. The statute includes the applicant within the definition of an aggrieved party. The deadline to submit the plat for final plat approval is January 8, 2010. You must submit the final plat by this date or request an extension to the effective period of plat approval. If you have any questions, please feel free to contact me at 258-4935 or email me at [EMAIL REDACTED]. Sincerely, Michele Reinhart Michele Reinhart, Planner II Office of Planning and Grants CC: Mary McCrea, Senior Planner, OPG Lettie Hunnakko, Planner, OPG Casey Wilson, Graphics, OPG Steve King, City Public Works Director Kevin Slovarp, City Engineer Greg Robertson, County Public Works Director Missoula Consolidated Planning Board/OPG Support ---PAGE BREAK--- 1 CONALL GROVE SUBDIVISION CONDITIONS OF SUBDIVISION APPROVAL JANUARY 8, 2008 Roads/Sidewalks/Boulevards 1. Access for Lots 4 and 5 shall be provided on Red Osier Way and a 1’ “No Access Strip” shall be placed on the plat along the eastern property boundaries of Lots 4 and 5 adjacent to Grove Street, subject to review and approval of City Engineering prior to final plat approval. 2. Plans for installing curb/gutter and paving the portion of Grove Street adjacent to this subdivision to 18’ from centerline to back-of-curb shall be reviewed and approved by the City Engineer prior to final plat approval. 3. Plans for installing curb/gutter and paving Red Osier Way to a 24’ width from back-of-curb to back-of-curb shall be reviewed and approved by the City Engineer prior to final plat approval. 4. Plans for installing “No Parking” signs and yellow curbing on Red Osier Way, except for the location of overflow parking spaces, shall be reviewed and approved by City Engineering and City Fire prior to final plat approval. A “No Access” Strip shall be shown on the plat in the location of the overflow parking area adjacent to Lot 6, subject to approval by City Engineering prior to final plat approval. 5. Plans for installing turnarounds for fire apparatus at the end of Red Osier Way shall be reviewed and approved by City Fire and City Engineering prior to final plat approval. The easement for the turnaround shall be shown on the final plat subject to City Engineering and OPG prior to final plat approval. 6. The following statement shall appear on the face of the plat prior to final plat approval: “Acceptance of a deed for a lot within this subdivision constitutes waiver of the right to protest a future SID for improvements to Grove Street and Red Osier Way, including but not limited to paving, curbs and gutters, non-motorized facilities, and drainage facilities, 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.” 7. Final driveway design, including paving and emergency vehicle turnarounds for driveways greater than 150’ in length shall be reviewed and approved by the City Engineer and City Fire prior to building permit submittal. 8. The covenants shall include the requirement that all subdivision driveways shall be paved prior to final plat approval. 9. Plans for and installation of 5’ sidewalks with 10’ boulevards on the west side of Grove Street shall be reviewed and approved by City Engineering prior to final plat approval. 10. Plans for and installation of a 5’ sidewalk and 7’ boulevard on the south side of Red Osier Way and a 5’ curbside sidewalk on the north side of Red Osier Way shall be reviewed and approved by the City Engineer prior to final plat approval. A 2’ public sidewalk maintenance easement shall be granted along both sides of Red Osier Way prior to final plat approval. Sufficient right-of-way width shall be provided on the face of the plat to allow sidewalks and 2’ public sidewalk maintenance easements on both sides of Red Osier Way, subject to review and approval by OPG and City Engineering prior to final plat approval. 11. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval. ---PAGE BREAK--- 2 Fire/Emergency Response 12. A fire hydrant plan shall be reviewed and approved by the City Fire Department prior to final plat approval. Fire hydrants shall be installed prior to combustible construction as required by the City Fire Department approved hydrant plan. 13. An address signage plan shall be reviewed and approved by the City Fire Department and the approved plan shall be included in the Development Covenants prior to final plat approval. Grading, Drainage, Erosion Control and Storm Water 14. Grading and drainage plans shall be reviewed and approved by City Engineering prior to final plat approval. 15. A Storm Water Pollution Prevention Plan shall be submitted to and approved by City Engineering prior to final plat approval. Health and Safety 16. Plans for connection to sewer and water shall be reviewed and approved by City Engineering prior to final plat approval. Mailboxes: 17. A plan for the location of cluster mailboxes shall be submitted for review and approval by the City Engineer and the Postmaster prior to building permit approval. Utilities 18. A utility master plan shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-5 and City Engineering Recommendation. 19. The following language shall appear on the face of the plat prior to final plat approval: “The undersigned hereby grants unto each public utility, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as “Public Utility Easement” to have and to hold forever.” Weeds 20. The subdivider shall submit a revegetation plan, subject to review and approval by the Missoula County Weed District, prior to final plat approval. Covenants 21. Development covenants shall be provided and include an Applicability section along with the following language and sections prior to final plat approval: a. Weeds: “Lot owners and the Homeowner’s Association shall revegetate any ground disturbance with beneficial species at the first appropriate opportunity after the disturbance occurs. Lot owners shall maintain their lots in compliance with the Montana County Weed Control Act and the Missoula County Noxious Weed Management Plan, and in accordance with the Revegetation Plan approved by the Missoula County Weed District attached to these covenants. The grass species included in the Revegetation Plan are not turf species but for reclamation purposes and are not suitable for maintained turf lawn use.” b. Wood Burning Stoves: Missoula City-County Air Pollution Control Program regulations prohibit the installation of wood burning stoves or fireplaces. Pellet stoves require an installation permit from the Health Department. c. Radon: The Environmental Protection Agency has designated the Missoula area as having high radon gas potential (Zone Therefore, the Missoula City-County Health Department recommends that all new residences incorporate radon resistant construction features. ---PAGE BREAK--- 3 d. Energy Efficiency: Builders should 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. Ground source heat pumps are usually more efficient and so create less pollution than other systems for heating and 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. e. Amendments: The following sections may not be amended or deleted without prior written consent of the governing body: weed control, wood burning stoves, radon, energy efficiency, living with wildlife, address signage, and amendments. 22. Development covenants shall be provided that include the following language and section titled “Living With Wildlife” prior to final plat approval: Living with Wildlife Homeowners must accept the responsibility of living with wildlife and must be responsible for protecting their vegetation from damage, confining their pets, and properly storing garbage, pet food, livestock feed and other potential attractants. Homeowners must be aware of potential problems associated with the occasional presence of wildlife such as white-tailed and mule deer, black bear, mountain lion, fox, raccoon, skunk, squirrels and magpie. Please contact the Montana Fish, Wildlife & Parks office in Missoula (3201 Spurgin Road, Missoula, MT 59804) for brochures that can help homeowners “live with wildlife.” Alternatively, see the Education portion of FWP’s web site at www.fwp.mt.gov. The following covenants are designed to help minimize problems that homeowners could have with wildlife, as well as helping homeowners protect themselves, their property and the wildlife that Montanans value. a. Homeowners must be aware of the potential for vegetation damage by wildlife, particularly from deer feeding on green lawns, gardens, flowers, ornamental shrubs and trees in this subdivision. Homeowners should be prepared to take the responsibility to plant non-palatable vegetation or protect their vegetation (fencing, netting, repellents) in order to avoid problems. Also, consider landscaping with native vegetation that is less likely to suffer extensive feeding damage by deer. b. Gardens and fruit trees can attract wildlife such as deer and bears. Keep produce and fruit picked and off the ground, because ripe or rotting vegetable material can attract bears and skunks. To help keep wildlife such as deer out of gardens, fences should be 8 feet or taller. Netting over gardens can help deter birds from eating berries. c. Garbage should be stored in secure animal-resistant containers or indoors to avoid attracting animals such as bears, raccoons, and other wildlife. If stored indoors, it is best not to set garbage cans out until the morning of garbage pickup; bring cans back indoors by the end of the day. d. Do not feed wildlife or offer supplements (such as salt blocks), attractants, or bait for deer or other wildlife. Feeding wildlife results in unnatural concentrations of animals that could lead to overuse of vegetation and disease transmission. Such actions unnecessarily accustom wild animals to humans, which can be 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 ---PAGE BREAK--- 4 in “an artificial concentration of game animals that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.” Also, homeowners must be aware that deer might occasionally attract mountain lions to the area. e. Birdseed can attract bears. If used, bird feeders should: 1) be suspended a minimum of 20 feet above ground level, 2) be at least 4 feet from any support poles or points, and 3) should be designed with a catch plate located below the feeder and fixed such that it collects the seed knocked off the feeder by feeding birds. f. Pets must be confined to the house, in a fenced yard, or in an outdoor kennel area when not under the direct control of the owner, and not be allowed to roam as they can chase and kill big game and small birds and mammals. Keeping pets confined also helps protect them from predatory wildlife. Under current state law it is illegal for dogs to chase hoofed game animals and the owner may also be held guilty (MCA 87-3-124). g. Pet food should be stored indoors, in closed sheds or in animal-resistant containers in order to avoid attracting wildlife such skunks, raccoons, and other wildlife. When feeding pets do not leave food out overnight. Consider feeding pets indoors so that wild animals such as bear, skunk or magpie do not learn to associate food with your home. h. Barbecue grills should be stored indoors. Keep all portions of the barbecues clean. Food spills and smells on and near the grill can attract bears and other wildlife. i. Consider boundary fencing that is no higher than 3-1/2 feet (at the top rail or wire) and no lower than 18 inches (at the bottom rail or wire) in order to facilitate wildlife movement and help avoid animals such as deer becoming entangled in the fence or injuring themselves when trying to jump the fence. We encourage the use of split rail fences or other wildlife-friendly designs. j. Compost piles can attract skunks and bears. Compost piles should be limited to grass, leaves, and garden clippings, and piles should be turned regularly. Adding lime can reduce smells and help decomposition. Do not add food scraps. (Kitchen scraps could be composted indoors in a worm box with minimum odor and the finished compost can later be added to garden soil.) k. Residents of this subdivision must recognize that the subdivision is located about a quarter-mile from the Clark Fork River and/or its associated sloughs and wetlands, where lawful waterfowl hunting and the associated discharge of shotguns could occur from early morning until sunset, and the season can run from September into January. GROVE STREET PUBLIC PEDESTRIAN EASEMENT 23. A 5’ public pedestrian access easement across Lots 3, 4, and 5 shall be shown on the face of the plat adjacent to the west side of Grove Street and shall be reviewed and approved by City Engineering prior to final plat approval. OVERFLOW PARKING ON RED OSIER WAY 24. Plans for and installation of two overflow parking spaces within the boulevard area of the right-of-way for Red Osier Way shall be reviewed and approved by OPG and City Engineering prior to final plat approval. ---PAGE BREAK--- 5 CONALL GROVE SUBDIVISION FINDINGS OF FACT & CONCLUSIONS OF LAW JANUARY 8, 2008 II. SUBDIVISION FINDINGS OF FACT ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: a) Zoning Compliance 1. The 1.99 acre parcel is currently zoned C-RR3. The subdivider has requested to annex the property into the City and the City intends to apply the city zoning of RLD-IV to the entire acreage upon annexation. 2. The maximum residential density in the RLD-IV district is four dwelling units per acre and the minimum lot size is 10,000 square feet per single-family dwelling. 3. Lot sizes and lot width may vary through subdivision review in the RLD-IV zoning district to allow flexibility in site planning and project design. Proposed lot sizes range from 8,011 square feet to 16,080 square feet. 4. The proposed subdivision will have a density of 3.52 dwelling units per acre. 5. The required front and rear-yard setbacks in the RLD-IV district are 20 feet. Side-yard setback requirements in the RLD-IV district are 7 ½ feet or 1/3 the building height, whichever is greater. Building height is limited to 30 feet. b) Comprehensive Plan Compliance 6. The 1998 Missoula Area Urban Comprehensive Plan Update (“Plan”) is the applicable plan for this property. The recommended land use designation is Residential, with a maximum residential density of up to four dwelling units per acre. This property is in the Urban Growth Area (UGA). 7. The subdivider proposes 7 lots on 1.99 acres (gross) for a residential density of 3.52 dwelling units per acre. 8. The Plan encourages compatibility with surrounding land uses, as well as preservation and enhancement of the diversity, integrity, and unique values of neighborhoods, communities and rural areas. Development in this area is a combination of established single family homes on both large and small lots, duplexes, and a school. Open space areas remain in some locations with small numbers of grazing animals. 9. The subdivision and all lots are proposed to be served by city sewer. 10. The Plan states that “within the urban growth area, residential, commercial, public, and other forms of development should be encouraged at urban densities 11. Residential land use goals stated in the Plan include the following: “Establish development standards to encourage smaller lots and more flexible use of land 80).” Conclusions of Law: 1. The proposal is consistent with the intended zoning for the property. 2. The proposal substantially complies with the goals and objectives of the 1998 Missoula Urban Area Comprehensive Plan Update. ---PAGE BREAK--- 6 PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. The property has been out of agricultural use for some time. 2. The soils on the property are classified as Urban Land, 0 to 2 percent slopes. These are not considered soils of agricultural importance by the Natural Resources Conservation Service. Conclusion of Law: 1. No impacts to agricultural water users or agricultural water user facilities are anticipated if the recommended conditions are adopted. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads, Drainage, and Pedestrian Facilities Findings of Fact: 1. The subdivision is accessed via Grove Street and the new on-site road, Red Osier Way. All lots except Lot 3 will access from Red Osier Way. Lot 3 will access directly off of Grove Street. 2. City Subdivision Regulations Article 3-2(20) require access to be provided on the street with the lowest classification, which is Red Osier Way. 3. Access for Lots 4 and 5 shall be provided on Red Osier Way. A condition of approval requires a 1’ “No Access Strip” to be placed on the plat along the eastern property boundaries of Lots 4 and 5 adjacent to Grove Street, subject to review and approval of City Engineering prior to final plat approval. 4. City Subdivision Regulations Article 3-2(7) require the plat to include an SID/RSID statement for improvements to Grove Street and Red Osier Way. This is required as a condition of approval. 5. Steve Earle of Mountain Line reviewed the subdivision proposal, and stated that the property is currently within the Missoula Urban Transportation District and is served by Route 9. GROVE STREET 6. Adjacent to the subdivision, Grove Street is an existing off-site gravel road without curb and gutter within a 60’ public right-of-way. 7. City Subdivision Regulations require paving of Grove Street 18’ from the centerline to back- of-curb and installation of curb and gutter adjacent to the subdivision. This is required as a condition of approval. 8. The subdivider proposes improving Grove Street to a paved 36 foot surface width with curb and gutter adjacent to the subdivision in cooperation with the adjacent land owner to the east. 9. Grove Street is a local street, 81-200 dwelling units. City Subdivision Regulations Article 3- 2(15)(B) require 5’ concrete sidewalks with 10’ boulevards for local streets, 81-200 dwelling units. 10. The subdivider proposes to vary from the boulevard standard and install a 5’ sidewalk and 7’ boulevard along the west side of Grove Street adjacent to the subdivision. 11. City Engineering recommends conditional approval of the variance to allow a 5’ sidewalk and 7’ boulevard on Grove Street. 12. City Council recommends denial of the variance and recommends installation of a complete street to include a 5’ sidewalk and 10’ boulevard along the west side of Grove Street ---PAGE BREAK--- 7 adjacent to the subdivision. A condition of approval requires a 5’ sidewalk and 10’ boulevard along the west side of Grove Street. 13. City Council recommends a 5’ public pedestrian easement adjacent to Lots 3, 4, and 5 along the west side of Grove Street to accommodate a 5’ sidewalk, 10’ boulevard, and maintenance. This is required as a condition of approval. RED OSIER WAY 14. Red Osier Way 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 28’ with curb and gutter within a 40’ to 60’ right-of-way. 15. The subdivider requests a variance to allow a 24’ paved surface width within a 43’ wide public right-of-way. City Engineering supports the variance request to allow a 24’ paved surface width with curb and gutter but requires a right-of-way width sufficient for the installation of sidewalks on each side of Red Osier Way and sidewalk maintenance easements. This is required as a condition of approval. 16. City Subdivision Regulations Article 3-2(12) require cul-de-sacs or turnarounds at the end of Red Osier Way. City Engineering and City Fire require an approval emergency vehicle turnaround at the end of Red Osier Way. This is required as a condition of approval. 17. Subdivision regulations require installation of boulevard sidewalks on both sides of Red Osier Way. 18. The subdivider proposes to vary from the boulevard sidewalk requirement and install a 5’ concrete sidewalk and 7’ boulevard on the south side of Red Osier Way and a 5’ curbside sidewalk on the north side of Red Osier Way. 19. City Engineering, OPG Transportation, and the Health Department recommend sidewalks be installed on both sides of Red Osier Way but approve the request to install a 5’ concrete sidewalk and 7’ boulevard on the south side of Red Osier Way and a 5’ curbside sidewalk on the north side of Red Osier Way. This is required as a condition of approval. 20. City Engineering recommends a 2’ sidewalk maintenance easement on both sides of Red Osier Way to avoid private property encroachment. This is required as a condition of approval. 21. City Subdivision Regulations Article 3-2(15)(B) require shade trees to be planted on 30’ centers within boulevard areas. A condition of approval requires City Parks and Recreation to review and approve plans for street tree plantings. Driveways 22. City Subdivision Regulations Article 3-2(16)(A) requires driveways accessing paved roadways to be paved. A condition of subdivision approval requires driveways to be paved and the driveway requirements included in the covenants. 23. City Subdivision Regulations Article 3-2(16)(E) require driveways greater than 150’ in length to have an approved emergency vehicle turnaround at the terminus of the driveway. This is required as a condition of approval. Parking 24. City Council and City Engineering recommend two overflow parking spaces on Red Osier Way to accommodate visitor parking. The subdivider agreed to accommodate two overflow parking spaces. This is required as a condition of approval. 25. City Engineering also recommends a “No Access” strip be shown on the final plat adjacent to the overflow parking area adjacent to Lot 6. This is required as a condition of approval. Grading, Drainage and Erosion Control 26. The submittal includes a storm water plan uses existing vegetation, soil, and sumps. 27. City Engineering recommends a Storm Water Pollution Prevention Plan for the subdivision, which is required in a condition of approval. ---PAGE BREAK--- 8 Conclusions of Law: 1. Grove Street and Red Osier Way meet required public road standards if the recommended conditions are adopted. 2. If the recommended conditions for pedestrian facilities are adopted, the proposed subdivision will meet the required standards for pedestrian facilities. 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 subdivider proposes to connect all lots to City sewer. A condition of approval requires review and approval of plans for connection to water and sewer prior to final plat approval. 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. Parks and Recreation Findings of Fact: 1. The park area requirement for this subdivision is a 0.19 acre parcel. The subdivider is proposing cash-in-lieu of parkland. City Parks concurs with cash-in-lieu for this subdivision. Conclusion of Law: 1. The proposed subdivision meets the required standards for parkland dedication. Schools Findings of Fact 1. The subdivider estimates that 7 or 8 new school-aged children will be added to the Missoula County Public School District with this subdivision. 2. Children from this subdivision will attend Hawthorne 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 subdivision. Conclusions of Law: 1. No adverse impacts on schools requiring mitigation have been identified. Fire Department Findings of Fact: 1. Upon annexation, the subdivision will be located within the jurisdiction of the Missoula Fire Department. The nearest fire station is about two miles from the subdivision at 3011 Latimer Street. 2. City Subdivision Regulations Article 3-2(1)(F) requires access to provide an unobstructed width adequate for emergency and service vehicles. A condition of approval requires plans for the installation of “No Parking Signs” and yellow curbing on Red Osier Way to be reviewed and approved by City Engineering and City Fire prior to final plat approval. 3. City Subdivision Regulations Article 3-7 establishes options for fire protection purposes, including residential sprinkler systems and fire hydrants. The subdivider is proposing fire hydrants connected to Mountain Water. 4. The City Fire Marshal comments that hydrants capable of producing the required fire flow shall be in place prior to commencement of combustible construction, with hydrant location placed by the Fire Marshal. ---PAGE BREAK--- 9 5. The City Fire Marshal comments that Address signs shall be visible from the street. 6. A condition of approval requires plans for hydrant locations and an address signage plan be reviewed and approved by the City Fire Department prior to final plat approval. Conclusions of Law: 1. Fire service is available to the subdivision if the recommended conditions are adopted. Law Enforcement Findings of Fact: 1. Upon annexation, the subdivision will be located within the jurisdiction of the Missoula Police Department. 2. The Missoula Police Department will serve the subdivision. 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. Montana Fish Wildlife and Parks recommended “Living with Wildlife” covenant language be added to the Development Covenants. This is required as a condition of approval. 2. The Missoula County Weed District recommended language regarding weed management be added to the Development Covenants. This is required as a condition of approval. 3. The Missoula County Weed District recommended a revegetation plan for this subdivision. This is required as a condition of approval. Conclusions of Law: 1. Impacts to the natural environment, wildlife, or wildlife habitat will be minimized if the recommended conditions are imposed. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: General 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 It is the subdivider’s intent to connect to city sewer. 3. The property is located within the Air Stagnation Zone. The City-County Health Department comments that all new driveways must be paved 20’ back from the edge of the pavement or right of way boundary, whichever is greater. A condition of approval requires that all new and existing driveways will be paved and that the covenants include information about the paving requirement. 4. The City-County Health Department comments that that the EPA has designated Missoula County as having a high radon potential and recommends that all new construction incorporate radon resistant construction features. A condition of approval requires this language be included in the Development Covenants. 5. The City-County Health Department recommends language regarding wood stoves and energy efficiency be added to the Development Covenants. This is required as a condition of approval. Conclusions of Law: 1. Emergency services, water, and sanitation are available to the subdivision. ---PAGE BREAK--- 10 2. Adverse effects on public health and safety as a result of this subdivision may be mitigated if the recommended conditions are adopted. 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. Conclusions of Law: 1. The subdivider 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. Notice of public hearing of this major subdivision was published in the Missoulian on December 2nd and 9th, 2007. Certified letters were mailed to adjacent property owners on November 6, 2006. A poster was placed at the intersection of South Third Street West and Short Street, and adjacent to the subdivision on November 6, 2007. 3. The Missoula Consolidated Planning Board held a public hearing on the subdivision on December 18, 2007. 4. The Missoula City Council held a public hearing on the subdivision on January 7, 2007. An extension to the 60 day deadline was granted in writing by the subdivider. 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: ---PAGE BREAK--- 11 1. Public utility easements are located within the Grove Street right-of-way. The proposed subdivision will be served by Northwestern Energy for gas and electric, Qwest for telephones, and Allied Waste Services for solid waste collection and disposal. 2. City Engineering requested a master utility plan. This is required as a condition of approval. 3. Subdivision regulations require utility statements on the face of the plat. This is required as a condition of approval. Conclusions of Law: 1. The provision of easements for utilities will be met by this subdivision if the recommended conditions are imposed. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access will be provided to the subdivision via Grove Street and Red Osier Way. Conclusion of Law: 1. The proposal meets physical and legal access requirements. V. VARIANCE REQUESTS 1. A variance request from Article 3-2 of the City Subdivision Regulations requiring a 28 foot paved surface width for Red Osier Way to permit a 24 foot paved surface width from back-of-curb to back-of curb. RECOMMENDATION: The Office of Planning and Grants recommends conditional approval of the variance request, based on the following findings of fact: FINDINGS: A. The granting of this variance does not result in a threat to the public safety, health, or welfare, and is not injurious to other persons or property. The subdivider proposes to pave Red Osier Way to a 24’ surface width from back-of-curb to back-of-curb, which is required as a condition of approval. The proposed width appears adequate for the function proposed, and was not objected to by City Engineering. A condition of approval requires “No Parking” signs and yellow curbing on Red Osier Way to provide a minimum 20’ clear unobstructed width for emergency vehicles. Approving the variance should not be a threat to public health and safety. B. The conditions upon which the request for variance are based are unique to the property for which the variance is sought and are not applicable generally to other property. The existing vegetation and existing homes propose obstacles to a 28’ paved width. The variance request is to allow a 24’ paved surface width, which allows for the retention of existing trees and allows Lot 4 to meet RLD-IV setback requirements for the existing home. C. Because of the physical surroundings, particular shape, or topographical conditions of the specified property involved, a hardship to the owner will result if the strict letter of these Regulations are enforced. Removal of trees and violation of RLD-IV set-back requirements would create a hardship to the owner if a 28’ paved surface width was required. ---PAGE BREAK--- 12 D. The variance will not in any manner violate the provisions of the Missoula City Zoning Ordinance, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. The variance will not violate the provisions of the applicable documents. E. The variance will not cause an increase in public costs. The 4’ difference in paved surface width should not affect public costs. 2. A variance request from Section 3-2(15)(A)(1) requiring boulevard sidewalks on both sides of Red Osier Way to permit installation of a 5’ sidewalk and 7’ boulevard on the south side of Red Osier Way and a 5’ curbside sidewalk on the north side of Red Osier Way. RECOMMENDATION The Office of Planning and Grants recommends conditional approval of the variance request, based on the following findings of fact: FINDINGS: A. The granting of this variance does not result in a threat to the public safety, health or welfare, and is not injurious to other persons or property. The subdivider proposes to install a 5’ sidewalk and 7’ boulevard on the south side of Red Osier Way and a 5’ curbside sidewalk on the north side of Red Osier Way. Red Osier Way is a local street serving six lots, with minimal traffic. Pedestrian safety is not threatened, as long as sidewalks are installed on both sides of Red Osier Way. B. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. The request is unique because the right-of-way width of Red Osier Way is constrained by existing homes and trees. C. Because of the physical surroundings, particular shape, or topographical conditions of the specified property involved, a hardship to the owner will result if the strict letter of these Regulations is enforced. Existing homes and trees limit the right-of-way width for Red Osier Way, and the ability to accommodate boulevard sidewalks on both sides of the road. A hardship would be created if boulevard sidewalks were required on both sides because of insufficient right-of-way, and because of RLD-IV set back requirements for existing structures. D. The variance will not in any manner violate the provisions of the Missoula County Zoning Resolutions or the Missoula County Comprehensive Plan or master plan areas. The variance will not violate the provisions of the applicable documents. E. The variance will not cause an increase in public costs. This would not lead to an increase in public costs. ---PAGE BREAK--- 13 3. A variance request from Section 3-2(15)(B) requiring a 5’ sidewalk and 10’ boulevard standard for Grove Street, a local street, 81-200 dwelling units, to allow installation of a 5’ sidewalk and 7’ boulevard on Grove Street adjacent to the subdivision. RECOMMENDATION City Council recommends denial of the variance request, based on the following findings of fact: FINDINGS: A. The granting of this variance does not result in a threat to the public safety, health or welfare, and is not injurious to other persons or property. City Council recommends a complete street including a 5’ sidewalk and 10’ boulevard to best protect for public health, safety, and welfare. B. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. The conditions of the request are not unique to the property. C. Because of the physical surroundings, particular shape, or topographical conditions of the specified property involved, a hardship to the owner will result if the strict letter of these Regulations is enforced. Due to the limited 60 public-right-of-way for Grove Street, the City Council added a condition for a 5’ public pedestrian easement along Lots 3, 4, and 5 adjacent to the west side of Grove Street to accommodate a 5’ concrete sidewalk and 10’ boulevard along Grove Street. City Council directed City Engineering to preserve existing trees where possible by narrowing the boulevard in order for the sidewalk to avoid existing trees, subject to review and approval of City Engineering. D. The variance will not in any manner violate the provisions of the Missoula County Zoning Resolutions or the Missoula County Comprehensive Plan or master plan areas. The variance will not violate the provisions of the applicable documents. E. The variance will not cause an increase in public costs. The variance will not increase public costs.