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Attachment #1 Planning Board Recommendations Clark Fork Terrace No. 1 Subdivision & Rezoning Planning Board Recommendation: On Tuesday, December 2, 2008, with 6 members present, the Missoula Consolidated Planning Board voted 5-1 to recommend approval of the subdivision and rezoning to RLD-2. Planning Board voted unanimously in support of the variance permitting 10’ wide non-motorized access easements adjacent to several proposed common areas. No recommended amendments were made to any conditions of subdivision approval. PLANNING BOARD’S RECOMMENDED MOTION FOR REZONING 1. THAT the property legally described as Tract 2 of Certificate of Survey No. 5850, located in the N ½ of Section 20, T. 13N, R. 18W be rezoned from C-RR1 to RLD-2 based on the findings of fact in the staff report. PLANNING BOARD’S RECOMMENDED MOTIONS FOR SUBDIVISION 1. THAT the variance request to City Subdivision Regulations Article 3-2(15)(D) to permit 10’ wide non-motorized access easements be approved based on the findings of fact in the staff report. 2. THAT Clark Fork Terrace No. 1 subdivision be approved based on the findings of fact in the staff report and subject to the recommended conditions of approval. PLANNING BOARD’S RECOMMENDED CONDITIONS OF SUBDIVISION APPROVAL: Roads 1. In the event that Drouillard Drive is not completed as part of a loop drive prior to final plat approval, plans for a temporary emergency vehicle turnaround within an Emergency Vehicle Turnaround Easement shall be reviewed and approved by City Fire prior to final plat approval. If required by the City Fire Department, signage shall be placed that acknowledges the turnaround and any related parking restrictions. Subdivision Regulations Article 3-2(12) and OPG recommendation. 2. Final plans for short court paving and common area parking shall be reviewed and approved by City Engineering prior to final plat approval. Common area parking requirements may take into account lot frontage and available on-street parking on public streets. Common area parking area maintenance duties shall be included in the subdivision covenants, to be reviewed and approved by OPG prior to final plat approval. Subdivision Regulations Articles 3-2(1)(I), 3-2(6)(d-e) and City Engineering recommendation. 3. Short courts shall be shown within public access easements on the final plat, to be reviewed and approved by City Engineering prior to final plat approval. Short court parking dimensions, including expanded parking easements if necessary, shall be reviewed and approved by City Engineering prior to final plat approval, with approved easements being shown on the final plat. Subdivision Regulations Articles 3-2(1)(I) and City Engineering recommendation. 4. All subdivision roadways shall be dedicated as public rights-of-way on the final plat, in a form to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Articles 3-2(1)(I) and City Engineering recommendation. ---PAGE BREAK--- 2 5. Plans for and installation of curb/gutter and paving Charbonneau Drive, Drouillard Drive and Ordway Lane to a 32’ width from back-of-curb to back-of-curb shall be reviewed and approved by the City Engineer prior to final plat approval. The Ordway Lane cul-de-sac easement shall be eliminated on the final plat in the event that it is completed as a loop drive prior to final plat approval. Subdivision Regulations Article 3-2(3), 3-2(14) and City Engineering recommendation. 6. The RSID waiver shall be amended to include Charbonneau Drive, Drouillard Drive, Ordway Lane and Deer Creek Road subject to review and approval of OPG prior to final plat approval. Subdivision Regulations Article 3-2(7) and OPG recommendation. 7. Plans for and installation of improvements to Deer Creek Road to a 26’ surface width adjacent to the subdivision extending to the boundary of Canyon River Phase II with adequate surfacing and storm drainage facilities shall be reviewed and approved by City Engineering prior to final plat approval. The final plat shall show a 5’ Deer Creek Road right-of-way expansion adjacent to the subdivision, to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Articles 3-2(3), 3-2(21), 3-4(1)(B) and City Engineering recommendation. 8. The developer shall waive the right to protest future improvements to the Speedway Avenue/Highway 200 intersection, with language on the plat to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(1)(F) and City Engineering recommendation. 9. If an additional utility lot access is necessary, plans for paved access to the Utility Lot, including any required easements shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-6 and City Engineering recommendation. 10. Plans for and installation of street lights at road intersections with Deer Creek Road adjacent to the subdivision shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(2)(C) and City Engineering recommendation. 11. A road signage plan in conformance with the Manual on Uniform Traffic Control Devices, including provisions for temporary signage during construction, permanent signage including stop signs where appropriate, and cost of installation to be the responsibility of the subdivider, shall be reviewed and approved by City Engineering prior to final plat approval. General plans for visible address signs shall be reviewed and approved by the City Fire Department and included in the covenants prior to final plat approval. Subdivision Regulations 3-2(2)(D-E) and City Fire and recommendation. 12. The developer shall present evidence of petitioning the subdivision into the Missoula Urban Transportation District prior to final plat approval. Subdivision Regulations Article 3-1(5) and Mountain Line recommendation. Driveways 13. Plans for and installation of the shared driveway on Lot 31, terminating on Lot 32, shall be reviewed and approved by City Fire and City Engineering prior to building permit approval. Subdivision Regulations Article 3-2(16)(E) and OPG recommendation. 14. The covenants shall be amended to include a shared driveway maintenance agreement for the driveway serving Lots 31 and 32, to be reviewed and approved by OPG prior to final plat approval. Maintenance duties shall include, but not be limited to snow removal, general maintenance and repair. The approved language for this agreement shall not be amended or deleted without prior approval of the governing body. Subdivision Regulations Article 3-2(1)(J)(5) and OPG recommendation. ---PAGE BREAK--- 3 15. Driveways in excess of 150’ in length shall be approved by Missoula City Fire prior to building permit approval. A turn around for fire apparatus must be incorporated at the terminus of the driveway. The driveway must provide 20’ of unobstructed horizontal clearance and 13’6” unobstructed vertical clearance the length of the drive. This language shall be included in the development covenants and shall not be deleted or amended without governing body approval. Subdivision Regulations Article 3-2(16)(e) and City Fire recommendation. Non-motorized Facilities 16. Plans for and installation of 5’ sidewalks with 7’ boulevards on both sides of Charbonneau Drive, Drouillard Drive and Ordway Lane shall be reviewed and approved by the City Engineer prior to final plat approval. Plans for and installation of 5’ walkways as depicted on both sides of the five linear common areas per the plat dated 8/15/2008 shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Articles 3-2(15)(A)(1), 3-2(15)(E), 3-2(15)(D) and OPG recommendation. 17. The applicant shall dedicate a 20’ wide pedestrian/bicycle greenway corridor overlain with a 20’ wide Public Non-Motorized Access Easement, along the southern border of the subdivision, to be reviewed and approved by City Parks and Recreation and City Engineering prior to final plat approval. Plans for a 10’ wide asphalt trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation prior to final plat approval. Subdivision Regulations Articles 3-8(4), 3-8(7)(A,C), 3-2(15)(E), 3-6 and City Engineering, City Parks and Recreation, City-County Health Department and OPG recommendation. 18. Plans for and installation of an 8’ wide meandering asphalt walkway along the eastern side of Deer Creek Road from Drouillard Drive to the farthest northern property boundary, in a location to provide a connection to Phase II of Canyon River, shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3- 2(15)(E), 3-2(21), and City Engineering recommendation. 19. A provision for maintenance of the meandering trail adjacent to Deer Creek Road, and the sidewalks adjacent to the common areas connecting Ordway Lane and Deer Creek Road shall be included in the subdivision covenants to be reviewed and approved by City Engineering and OPG prior to final plat approval. The approved maintenance provisions shall not be amended or deleted without prior approval of the governing body. MMC 12.16, Subdivision Regulations Article 3-1(1)(F), City Engineering and OPG recommendation. 20. Plans for and installation of street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval. Subdivision Regulations Article 3-2(15)(B) and OPG recommendation. Miscellaneous 21. Cluster mailboxes or other central mail facility shall be installed in this subdivision in locations subject to review and approval by City Engineering prior to final plat approval. Subdivision Regulations 3-2(15)(K) and City Engineering recommendation. 22. The covenants shall notify potential owners of lots that they are classified as irrigated and may continue to be assessed for irrigation water delivery though the water may not be deliverable, subject to OPG approval, prior to final plat approval. Subdivision Regulations Article 3-6(2)(A) and OPG recommendation. Utilities 23. Plans for road construction across the Yellowstone Pipeline shall comply with Yellowstone Pipeline Company (YPL) Encroachment Guidelines and shall be reviewed and approved ---PAGE BREAK--- 4 by YPL prior to final plat approval. If required by YPL a signed and executed Encroachment Agreement shall be returned to the utility, and appropriate development provisions shall be included on the final plat and in the subdivision covenants. Subdivision Regulations Article 3-1(2) and Yellowstone Pipeline Company recommendation. 24. The following note shall be shown on the final plat, and be contained in the Development Covenants prior to final plat approval, in reference to the 10” high-pressure petroleum line: “Approximate location of 10” high-pressure petroleum line. Prior to any construction near the line, the developer or lot owner(s) shall locate the 10” high-pressure petroleum line and contact the utility company for its exact location. See covenants for any applicable rules and guidelines concerning the petroleum line.” Subdivision Regulations Article 3- 1(2) and OPG recommendation. 25. The subdivider shall amend the plat to include an appropriate utility easement for the 10” high-pressure petroleum line easement, to be reviewed and approved by YPL prior to final plat approval. Subdivision Regulations Article 3-6 and Yellowstone Pipeline Company recommendation. 26. Proposed road and utility plans for the subdivision shall be reviewed and approved by BPA prior to final plat approval. Subdivision Regulations Article 3-1(2) and BPA recommendation. 27. Lots adjacent to BPA overhead power lines shall submit a Land Use Agreement to BPA, to be reviewed and approved by BPA prior to building permit approval. Subdivision Regulations Article 3-1(2) and BPA recommendation. 28. The following note shall be included on the final plat and in the Development Covenants, to be reviewed and approved by OPG prior to final plat approval: “The Bonneville Power Administration (BPA) imposes certain conditions on the portions of these lots encumbered by its high voltage transmission line right-of-way. BPA does not allow structures to be built within the right-of-way, nor does it allow access to be blocked to any transmission facilities. Any activity that is to occur within the right-of-way needs to be permitted by BPA prior to installation or construction. Information regarding the permitting process for proposed uses of the right-of-way may be addressed to BPA Real Estate Field Services at (406) 751-7821.” Subdivision Regulations Article 3-1(2) and BPA recommendation. Fire/Emergency Response 29. A fire hydrant plan shall be reviewed and approved by the City Fire Department prior to building permit approval. Fire hydrants shall be installed prior to combustible construction as required by the City Fire Department approved hydrant plan. Subdivision Regulations Article 3-7 and City Fire Department recommendation. Parks and Open Space 30. The area dedicated as park adjacent to Deer Creek Road on the preliminary plat shall be shown as common area on the final plat, to be reviewed and approved by City Engineering and City Parks and Recreation prior to final plat approval. The total amount of common area should reflect the required 5’ expansion of the Deer Creek Road right-of- way. The meandering pathway shall be contained within a public non-motorized access easement on the final plat, to be reviewed and approved by OPG prior to final plat approval. Subdivision Regulations Articles 3-8(4), 3-8(7)(A,C), 3-2(15)(E), 3-6 and City Engineering, City Parks and Recreation and OPG recommendation. ---PAGE BREAK--- 5 31. A plan for Homeowner’s Association maintenance of the required common areas adjacent to Deer Creek Road, including at minimum the meandering asphalt path, trees, grass and any landscaping shall be reviewed and approved by City Parks and Recreation and OPG prior to final plat approval. Subdivision Regulations Article 5-2(14)(J)(10), City Engineering, City Parks and Recreation and OPG recommendation. Revegetation Plan 30. A Revegetation Plan for disturbed sites shall be submitted to and approved by the Missoula County Weed Board prior to final plat approval. Subdivision Regulations Article 3-1(1)(F). Covenants 31. Article 7.10 shall be revised to include fence construction specifications according to the Missoula Municipal Code, to be reviewed and approved by City Engineering prior to final plat approval. The approved language shall not be amended or deleted without prior approval of the governing body. Subdivision Regulations Article 3-1(1)(F). 32. Article 7.19 shall be revised to include appropriate site distance specifications according to the Missoula Municipal Code, to be reviewed and approved by City Engineering prior to final plat approval. The approved language shall not be amended or deleted without prior approval of the governing body. Subdivision Regulations Article 3-1(1)(F). 33. Article 7.39 shall be amended to read “The Owner of each lot and the Association are responsible for maintaining their property in compliance with (continue section) Subdivision Regulations Article 3-1(1)(F). 34. Article 10 (“Amendment”) shall be amended to include Common Area Parking, Trail Maintenance, Irrigation, BPA high voltage transmission line right-of-way and High- Pressure Petroleum Line development provisions (if applicable) as sections of the covenants that may not be amended without Governing Body approval. Subdivision Regulations Articles 3-1(2), 3 1(9) and OPG recommendation. Planning Board Discussion: Rezoning: Planning Board supported staff’s recommendations for the rezoning from C-RR1 to RLD-2 after a short discussion on allowed uses, including whether or not duplexes are permitted in the district. Subdivision: Planning Board supported the subdivision following a discussion on whether the short court design provided sufficient public road access. Adequate parking areas on the short courts were also discussed. Walkway maintenance was also an issue, as there was a question about who maintains trails and sidewalks adjacent to subdivisions versus longer trail networks.