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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY MEMORANDUM TO: City Council FROM: Tim Worley, Office of Planning and Grants DATE: December 22, 2008 RE: New and Deleted Conditions of Subdivision Approval Below are new and deleted conditions of subdivision approval based on PAZ Committee discussion. Conditions related to RSID/SID waiver statements have been deleted. The condition requiring a 10’ wide paved trail along the southern 20’ of the subdivision, within a 20’ dedicated common area, has been deleted. In its place a requirement for a 20’ conditional public non-motorized access easement has been added that allows for an alternative trail easement to be secured within two years of final plat approval. If an alternative trail easement is not secured, the onsite easement will be activated and trail will be required to be built within that easement. Included are amended road and pedestrian Findings of Fact that reflect the condition changes. 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. 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. 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 ---PAGE BREAK--- 2 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. 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. ---PAGE BREAK--- 3 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. 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. ---PAGE BREAK--- 4 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 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. ---PAGE BREAK--- 5 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. 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. 35. The final plat shall include a 20’ wide Conditional Public Non-Motorized Access Easement (NMAE) along the southern border of the subdivision. This easement shall be activated in the event that no alternative acceptable trail easement is acquired south of the subdivision within two years of final plat approval. The easement may be terminated if an acceptable trail easement is acquired within two years of final plat approval. Language referring to the terms and scope of the Conditional Public NMAE shall be included on the face of the plat and in the covenants, to be reviewed and approved by Parks and Recreation prior to final plat approval. If the easement is activated, plans for an 8’ wide asphalt trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation subject to an improvements guarantee. Subdivision Regulations Articles 3-2(15)(E) and 3-6. ---PAGE BREAK--- 6 CRITERION 2: EFFECTS ON LOCAL SERVICES Roads Findings of Fact: Drouillard Drive and Ordway Lane 1. The property is located on the east side of Deer Creek Road and south of Interstate 90. Charbonneau Drive, Drouillard Drive and Ordway Lane are proposed to access lots in the subdivision and the adjacent approved subdivision to the east (Clark Fork Terrace No. 2. Proposed Street sections show a 32’ width (back-of-curb to back-of-curb) for onsite roadways. City Subdivision Regulations Article 3-2(3) requires a 26’ width for these roadways. 3. A condition of approval requires review and approval of final plans for Charbonneau Drive, Drouillard Drive and Ordway Lane. 4. Drouillard Drive and Ordway Lane are proposed to serve the approved Clark Fork Terrace No. 2 subdivision to the east in addition to this proposed subdivision. Ordway Lane ends in a cul-de-sac as shown on the plat, providing a turnaround in the event Clark Fork Terrace No. 1 is filed before Clark Fork Terrace No. 2. No turnaround is proposed at the end of Drouillard Drive. 5. City Subdivision Regulations Article 3-2(12) requires temporary cul-de-sacs to be provided until such time as through streets are connected. A condition of approval requires a temporary cul-de-sac to be provided at the end of Drouillard Drive in the event Clark Fork Terrace No. 1 is filed before Clark Fork Terrace No. 2. 6. A condition of approval for the Clark Fork Terrace No. 2 subdivision requires improvements within the Ordway Lane Public Access Easement to be affected within four years of approval of that subdivision, or as required with Clark Fork Terrace No. 1, whichever comes first. The intent of this condition was to complete the loop roadway system that included both the Clark Fork Terrace No. 1 and No. 2 subdivisions. 7. The developer of both the Clark Fork Terrace No. 1 and No. 2 subdivisions may choose to complete the loop roadway system with the filing of Clark Fork Terrace No. 1, eliminating the need for the Ordway Lane cul-de-sac. A condition of approval requires elimination of the Ordway Lane cul-de-sac easement on the plat in the event that the loop roadway system is completed prior to final plat approval of Clark Fork Terrace No. 1. 8. The plat does not indicate whether or not roadways are within public rights-of-way as required in City Subdivision Regulations Article 3-2(1)(I). A condition of approval requires public right-of-way dedication of all subdivision roadways, to be reviewed and approved by City Engineering prior to final plat approval. 9. City Engineering recommends a plan for street lighting at road intersections with Deer Creek Road, which is required in a condition of approval. Offsite Access, Connections and Impacts 10. Traffic from this city subdivision will primarily use Deer Creek Road north of the Drouillard Drive intersection, through the Canyon River Subdivision and eventually to the Speedway Avenue/Highway 200 intersection. A limited number of subdivision residents may choose to turn left at the Deer Creek Road/Speedway Avenue intersection. 11. The plat contains an RSID/SID waiver for future improvements to the streets within this subdivision. Subdivision streets are not cited in the waiver, and Deer Creek Road has been included “where it fronts the subdivision only.” ---PAGE BREAK--- 7 12. Special Improvement District assessments are determined based on benefit. The inclusion of the reference “where it fronts the subdivision only” may or may not be consistent with a future RSID/SID for Deer Creek Road in relation to this subdivision. 13. A condition of approval requires the two onsite roadways to be included in the RSID/SID waiver statement, as well as Deer Creek Road, with waiver language to be reviewed and approved by OPG prior to final plat approval. 14. Glen Cameron of the Montana Department of Transportation, in his comments on the adjacent Clark Fork Terrace No. 2 subdivision, noted the Canyon River Subdivision requirement to redesign and reconstruct the Highway 200 intersection so that the two roadways intersect at a 90 degree angle. 15. Kevin Slovarp, City Engineer, noted during Clark Fork Terrace No. 2 review that reconstruction has not commenced although funding to improve the Speedway Avenue/Highway 200 intersection is available. He recommended that the developer of Clark Fork Terrace No. 2 waive the right to protest future improvements to this intersection. This is required in a condition of approval for this subdivision because of comparable impacts to the same intersection. 16. Deer Creek Road adjacent to the subdivision is composed of a chip-sealed millings material that does not meet city road standards. Roads that provide a connection to city subdivisions are required to meet city road standards. 17. The typical cross-section for Deer Creek Road shows a roughly 22’ wide roadway, with 16’ of pavement being located on the subdivision-side of the property line, and 6’ on the opposite side as defined by the underlying Certificate of Survey. 18. The total county right-of-way width for Deer Creek Road is 50’ adjacent to the subdivision. The applicant has added an additional 5’ adjacent to the subdivision for a total of 55’ of right-of-way. City Subdivision Regulations Article 3-2(3) requires a minimum 60’ right-of-way. 19. A condition of approval requires an additional 5’ of right-of-way to provide the total 60’ that is required. 20. Doug Harby of City Engineering commented that Deer Creek Road will be required to be reconstructed in accordance with the submitted cross section. This includes installation of curbs adjacent to the subdivision, plus addition of two inches of asphalt in order to complete a 16’ half-street. An additional 10’ of Deer Creek Road reconstruction will occur on the other side of the road centerline for a total width of 26’. City Subdivision Regulations Article 3-2(3) requires a 32’ width for this collector street. 21. Doug Harby stated that an additional six feet of road width will be added with future development on the southwest side of Deer Creek Road to complete the city- standard 32’ wide roadway (back-of-curb to back-of-curb). 22. A condition of approval requires reconstruction of Deer Creek Road according to the specifications included in the submittal. This reconstruction is required to continue north, under the Interstate bridge, to the point the road has been improved as a part of the Canyon River Subdivision. Short Courts 23. A total of six short courts serve lots within the subdivision. Separate short courts are proposed to serve the following lots: a. Lots 3-6; b. Lots 7-11; c. Lots 12-17; d. Lots 18-23; e. Lots 24-26; f. Lots 33-36. ---PAGE BREAK--- 8 24. The short court cross-section in the submittal shows 21’ widths from back-of-curb to back-of-curb. City Subdivision Regulations Article 3-2(6)(A) prescribes a 20’ minimum width. 25. City Engineering comments that short courts are required to be designated with Public Access Easements per City Subdivision Regulations Article 3-2(1)(I). This is required in a condition of approval. 26. The applicant has shown 10’ x 15’ off-street parking areas adjacent to each short court. City Engineering has commented on previous subdivisions that 9’ x 18 ½‘ easements will be required to contain all the pavement and curbing for each parking stall. A condition of approval allows City Engineering discretion in the review and approval of expanded parking area easements on the plat where necessary. 27. A condition of approval requires plans for the short courts to be reviewed and approved prior to final plat approval. The condition requires the plat to show additional common area parking easements, if necessary, to accommodate pavement and any curbing. Allowances are made in the condition for reduced parking requirements where short court lots are adjacent to streets as provided for in City Subdivision Regulations Article 3-2(6)(e). Eleven short court lots also have frontage on one or more public road. Driveways 28. Lots 1-2, 27-32 and 37-38 will be served by driveways from Ordway Lane. Lots 31 and 32 will be served by a shared driveway as indicated by a 20’ wide shared driveway easement. A condition of approval requires a shared driveway maintenance agreement for these two lots. Other 29. The submittal includes a storm water plan with 25 sumps. 30. Stephanie Millar 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 4. She recommends that the property owners involved petition into the Urban Transportation District, which is required in a condition of approval. 31. City Engineering recommends that bus stops be shown along Deer Creek Road adjacent to the subdivision. Mountain Line does not know whether or not Deer Creek Road will ever be part of a bus route. City Engineering is unsure which location (within or adjacent to the subdivision) would be optimum if the subdivision was added to a bus route. 32. City Engineering recommends cluster mailboxes for this subdivision, which have been shown on Drouillard Drive adjacent to Lots 7 and 8, and Charbonneau Drive adjacent to Lots 18 and 19. Cluster mailbox installation (or other central mail facility) is required in a condition of subdivision approval. 33. City Engineering recommends amendment of covenant language regarding fencing, sight distances and maintenance responsibilities for short court common area parking locations. These issues have all been addressed with conditions of approval. Conclusions of Law: 1. Access to and circulation within the subdivision will meet City standards if the recommended conditions of approval are imposed. 2. Deer Creek Road complies with City Subdivision Regulations Article 3-2(3) if the required condition is imposed. 3. Charbonneau Drive, Drouillard Drive and Ordway Lane meet required public road standards if the recommended conditions are adopted. ---PAGE BREAK--- 9 Pedestrian Access Findings of Fact: Sidewalks and Interior Pedestrian Pathways 1. The developer is proposing 5’ sidewalks with 7’ boulevards along both sides of Charbonneau Drive, Drouillard Drive and Ordway Lane in accordance with the requirements of City Subdivision Regulations Article 3-2(15)(B). Required plans for the review of subdivision sidewalks are included in a condition of approval. 2. The plat shows a series of five 5’ wide pedestrian pathways along each side of greenspace corridors. In six locations these provide connections from the 8’ wide asphalt meandering pathway along the east side of Deer Creek Road to Ordway Lane. Review and approval of these pathways is required in a condition of approval. 3. City Subdivision Regulations Article 3-2(15)(D) requires 20’ wide easements for pedestrian pathways not contiguous with public access easements or rights-of-way. Staff supports the variance allowing 10’ wide pedestrian easements for the 5’ wide pedestrian pathways. Deer Creek Road Pathway 4. Walkway plans for this subdivision show an 8’ wide meandering asphalt trail within a 38’ wide park area along the eastern side of Deer Creek Road. A 450’ long section of this dedicated park is 12’ wide or less due to the extension of Interstate 90-related public road right-of-way. City Engineering recommends that the walkway connect with the east boundary of Canyon River instead of the indication that improvements under Interstate 90 are to be completed “by others.” 5. A condition of approval requires construction of the asphalt trail. This trail is required to connect the existing Canyon River trail, which terminates north of Interstate 90. 6. The 1.12 acres shown as “park” are recommended by City Engineering and City Parks and Recreation to be dedicated as common area, which is included in a condition of approval. The total acreage of dedicated common area will be reduced by the requirement to add 5’ of right-of-way for Deer Creek Road, and is estimated to be 0.13 acre. This would reduce the total dedicated acreage in this area to approximately 0.99 acre. 7. A separate condition requires that the Homeowner’s Association assume maintenance responsibility for the common area and the meandering asphalt pathway and grass/plantings within the common area. Kim Williams/Milwaukee Trails 8. The subdivision location near the Old Milwaukee railroad grade presents an opportunity for trail connections that would extend beyond the subdivision, both east and west of the subdivision and connecting with the proposed meandering asphalt pathway along Deer Creek Road. Approximately 9 miles of active trails are used in the Missoula area within the former Old Milwaukee right-of-way, and an additional connection between Catlin and Russell Streets was secured with a subdivision approval in September 2008. 9. A non-motorized trail system linking the restored Clark Fork/Blackfoot River Confluence and publicly-owned park facilities to the City of Missoula is one of the primary recommendations of the Conceptual Redevelopment Plan following removal of the Milltown Dam. This plan was prepared by the Milltown Superfund Site Redevelopment Working Group and adopted by the Missoula Board of County Commissioners in 2005 (“2005 Redevelopment Plan”). 10. The 2005 Redevelopment Plan envisions a trail system that connects the towns of Bonner and Milltown with the two-rivers confluence area, in addition to the City of Missoula and Turah. Recreation areas in Pattee Canyon and along the Blackfoot River are expected to be part of the system. ---PAGE BREAK--- 10 11. The Milltown Superfund Site Redevelopment Working Group encourages the Clark Fork Terrace No. 1 development to cooperate in providing high-quality trail access, including linkages along or near the former Milwaukee Road rail right-of-way. This is considered a critical link among the area’s existing and proposed trails as expressed in March 20, 2008 comments by Sue Furey, chair of the Milltown Superfund Site Redevelopment Working Group Recreation Committee. 12. Sue Furey commented that completion of a trail linkage through Clark Fork Terrace No. 1 would help facilitate a continuous trail from Missoula to the restored Clark Fork/Blackfoot River confluence, continuing upstream along the Blackfoot River and upstream along the Clark Fork River to Turah. These linkages are illustrated and described in the 2005 Redevelopment Plan. 13. Jackie Corday of City Parks and Recreation comments that the extension of the Milwaukee Trail remains one of the City’s highest priorities for expansion of the City’s non-motorized network. This trail would have the ability to facilitate local non- motorized commuting and has regional significance as a potential cross-continental rail-trail. The potential multi-state connection possibilities have been confirmed by the Rails-to-Trails Conservancy, which is documenting the progress of planned and completed Milwaukee Trail sections. 14. The Old Milwaukee Road presents an opportunity to create a rail-trail crossing the entire state of Montana, and connect to existing rail trails in Montana, Idaho and Washington. Improved sections as documented by the Rails-to-Trails Conservancy include the John Wayne Pioneer Trail in Washington (113 miles), and the Route of the Hiawatha in Idaho and a portion of Montana (15 miles). An additional 20 miles of Milwaukee Trail are planned to be added in the Avery, Idaho vicinity. 15. The 72 mile-long Trail of the Coeur d’ Alenes extends across most of the Idaho Panhandle, from Plummer to Mullan. This paved bicycle/pedestrian trail, which follows old Northern Pacific rail line, has undergone eastward expansion with the goal of eventually connecting to the Route of the Hiawatha in Montana as confirmed by the Friends of the Coeur d’ Alene Trails. This organization supports development and maintenance of the Trail of the Coeur d’ Alenes. 16. Jackie Corday notes that Burlington Northern Santa Fe (BNSF) will not grant a trail easement in this particular location because the former Milwaukee railroad grade has only a 5 foot separation from the active BNSF line. The likelihood of extending an easement south of the BNSF line remains but is uncertain. 17. The submittal indicates that the proposed asphalt trail design along Deer Creek Road facilitates an ultimate connection to the Clark Fork and Blackfoot Rivers. Jackie Corday notes that the existing Canyon River Loop Trail, including the extension along Deer Creek Road proposed with the subdivision, does not meet this goal. An east-west connection from the proposed pathway along Deer Creek Road, continuing eastward along the southern boundary of this subdivision, or an alternative pathway through property south of the subdivision would be necessary to create a trail directed toward the confluence. 18. Jackie Corday comments that the proposed subdivision, along with the approved Clark Fork Terrace No. 2 subdivision to the east, present significant trail connection opportunities for greater Missoula and the entire western Montana region. Nearby existing pedestrian connections include the Canyon River public trail, which can serve as a recreational loop trail from the Kim Williams Trail. Clark Fork Terrace No. 2 Subdivision was approved requiring a 20’ wide non-motorized access easement along the southern boundary of the subdivision that would be activated in the event an alternative easement is not secured on property to the south. A non- motorized access easement along the southern boundary of Clark Fork Terrace No. ---PAGE BREAK--- 11 1 Subdivision would extend the Milwaukee Trail from Deer Creek Road east to the river, and the aforementioned non-motorized access easement required with Clark Fork Terrace No. 2. 19. Canyon River Phase II contains a 50’ wide linear park easement for non-motorized use adjacent to the Clark Fork River. This easement extends to the southern boundary of Phase II. A trail is required to be constructed within this easement if a riverfront trail is ever constructed on the property immediately to the south (Clark Fork Terrace No. 2 subdivision). 20. The existing Canyon River Loop Trail north of this subdivision has a gravel surface until it turns southwest to connect to Deer Creek Road. The latter section of trail has an 8’ wide asphalt surface. The proposed 8’ wide pathway along Deer Creek road would extend the pedestrian connection southward, along the entire western subdivision boundary to its southwest corner. A pedestrian easement could be extended from this point across the southern edge of the subdivision to connect with the easement required with the Clark Fork Terrace No. 2 Subdivision. 21. A trail along the southern boundary of the subdivision or an alternative trail on property to the south could help facilitate direct, unobstructed access to the University of Montana district and downtown Missoula. A connection could provide a convenient and efficient means of accessing these areas as an alternative to the often longer, more roundabout vehicular commutes from the East Missoula/Bandman Flats vicinity. 22. A commuter trail paralleling the old Milwaukee line is the major east/west non- motorized transportation connection as listed in the Non-Motorized Transportation Plan, the Missoula Urban Area Open Space Plan, and the Master Parks and Recreation Plan for the greater Missoula area. Once completed, an east-west connection through the southern part of this subdivision would facilitate riverfront easement access within Clark Fork Terrace No. 2, a potential connection to Canyon River further north, a second connection to Canyon River via the meandering trail adjacent to Deer Creek Road (which will connect with the existing Canyon River trail), and potentially a more direct access to the existing section of Kim Williams Trail further west. These connections would serve both residents of the subdivision and the public in the East Missoula/Bandman Flats area. 23. The City-County Health Department notes that the City of Missoula has attempted to secure easements and build riverfront trails along the north side of the river with limited success, reducing the public values of the riverfront greenway. They note that if easements are not secured in the Bandman Flats area the public values of the riverfront greenway are reduced further. 24. The City-County Health Department comments that the Missoula City Council required easements for high-quality pedestrian walkways and trails along the riverfront and extending the Kim Williams and Milwaukee Trails in Clark Fork Terrace No. 2. They recommend that these assets be included in the design of Clark Fork Terrace No. 1 to enhance public health, protect public safety, and increase the livability for subdivision residents and increase the value of properties within the subdivision. 25. The City-County Health Department, in their subdivision comment letter, documented the health and safety benefits to subdivision residents as well as the public in addition to the enhancement of economic values to properties within the subdivision that are the result of pedestrian walkways and trails. 26. Documented benefits of trail construction adjacent to development include an increase in physical activity of residents, which facilitates: ---PAGE BREAK--- 12 a. More burning of calories and weight loss associated with exercise, including persons who were physically inactive prior to trail construction; b. Decreased incidence of Type II diabetes; c. Reduced traffic congestion provided by alternative commuting options (bike/pedestrian). 27. In addition to public health and safety benefits, the City-County Health Department noted a study conducted by the Conservation Fund and Colorado State Parks, State Trails Program (1995) that documented the effects of greenways on property values and public safety. The study found that “urban trails are regarded as an amenity that helps to attract buyers and sell property.” 28. Subdivision Regulations Article 3-1(7) states that the subdivision design shall provide access to open space, other neighborhoods, parks, common areas, playgrounds, schools, transportation, bus stops, shopping and community facilities. 29. City Subdivision Regulations Article 3-2(15)(E) requires non-motorized transportation facilities to be continuous and provide access to all lots within the subdivision and access to adjoining developments unless exempted by these regulations, and shall provide circulation linkage or safe access to bus stops, 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. 30. City Subdivision Regulations Article 3-8(7)(C) allows parks, open space, and common area dedication to be met by the establishment of a pedestrian/bicycle greenway corridor if such a corridor is determined by the Parks Department and approved by City Council to have a primarily recreational and/or commuter function. 31. City Parks and Recreation recommends a 10’ wide paved trail in a 20’ wide common area overlain with a public non-motorized access easement on the south border of the property through Lots 27, 28, 29, the eastern common area and a portion of required common area adjacent to Deer Creek Road. An alternative is a conditional non-motorized public access easement such as City Council required for Clark Fork Terrace No. 2. This would require the developer to secure an easement on property south of the subdivision within two years, or the easement would be activated and a trail would be required to be built within the easement. Boulevard Trees 32. City Subdivision Regulations Article 3-2(15)(B) requires shade trees to be planted on average 30’ centers within boulevard areas. A condition of approval requires City Parks and Recreation to review and approve plans for street tree plantings. Conclusions of Law: 1. If the recommended conditions are adopted and the variance approved, the proposed subdivision will meet the required standards for non-motorized facilities.