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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY Attachment B November 23, 2007 RC Hobbs Enterprises 1110 Chapman Avenue, Suite 206 Orange, CA 92886 RE: Howard Raser Business Park To Whom It May Concern: At its regularly scheduled meeting of November 19, 2007 the Missoula City Council voted to approve Howard Raser Business Park subject to the 16 conditions in the attached document entitled “Conditions of Approval”. The reasons for the decision to approve the subdivision, including the imposition of any condition of approval, may also be found in the attached document entitled “Findings of Fact and Conclusions of Law.” As part of this action, the City Council took action on the following variances: 1. THAT the variance request from Article 3-2(15)(A-B) of the Missoula City Subdivision Regulations requiring 6’ sidewalks with 10’ boulevards along the offsite portion of Howard Raser Drive within the 60’ easement closest to Old Grant Creek Road be conditionally approved to permit a 7’ curbside sidewalk based on the findings of fact set forth in the staff report and subject to the condition of approval. 2. THAT the variance request from Article 3-2(15)(A-B) of the Missoula City Subdivision Regulations requiring 6’ sidewalks with 10’ boulevards along the offsite portion of Howard Raser Drive within the 80’ easement be approved to permit 5’ sidewalks with 7’ boulevards based on the findings of fact set forth in the staff report and subject to the condition of approval. 3. THAT the variance request from Section 3-2(15)(A-B) of the Missoula City Subdivision Regulations requiring 6’ sidewalks with 10’ boulevards for North Howard Raser Road be approved to permit 5’ sidewalks with 10’ boulevards based on the findings of fact set forth in the staff report and subject to the condition of approval. If you wish to appeal this decision you must follow the procedure established by M.C.A. §76-3-625(2) which states as follows: A party . . . who is aggrieved by a decision of the governing body to approve, conditionally approve, or disapprove a proposed preliminary plat or final subdivision plat may, within 30 days after the decision, appeal to the district court in the county in which the property involved is located. The petition must specify the grounds upon which the appeal is made. ---PAGE BREAK--- The statute includes within the definition of an aggrieved party the applicant. If you have any questions or concerns with regard to this matter, please do not hesitate to contact us at 258-4657. The deadline to submit for final plat approval is November 19, 2009. You must submit the final plat by this date or request an extension to the effective period of plat approval. If you have further questions, please contact me at 258-4794 or email me at [EMAIL REDACTED]. Sincerely, Tim Worley Planner II, OPG cc: Dale McCormick, Professional Consultants, Inc. Mary McCrea, OPG Lettie Hunnakko, OPG Casey Wilson, OPG Kevin Slovarp, City Engineer Steve King, Director of Public Works Doug Harby, City Engineering Bob Hayes, City Engineering Bob Rajala, City Fire Marshal Missoula Consolidated Planning Board ---PAGE BREAK--- CONDITIONS OF APPROVAL HOWARD RASER BUSINESS PARK November 19, 2007 Roads and Sidewalks 1. Plans for installing curb/gutter and paving Howard Raser Drive and North Howard Raser Road to a 41’ width from back-of-curb to back-of-curb shall be reviewed and approved by the City Engineer prior to final plat approval. Subdivision Regulations Article 3-2(3), 3-2(9), 3-2(14) and City Engineering recommendation. 2. The applicant shall submit an updated geotechnical report verifying that proposed road sections meet heavy industrial standards. The geotechnical report is to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Articles 3-1(2), 3-2(2)(B) and City Engineering recommendation. 3. The final plat shall include a 1’ no-access strip on both sides of Howard Raser Drive from Old Grant Creek Road to a point 100’ east of the intersection to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(1)(E) and City Engineering recommendation. 4. The roadway named North Howard Raser Road shall be renamed on the final plat to be reviewed and approved by City Engineering and County Public Works prior to final plat approval. City Engineering recommendation. 5. Plans for street lighting along Howard Raser Drive and North Howard Raser Road shall be reviewed and approved by City Engineering prior to final plat approval. City Engineering recommendation. 6. Final plans for grading, drainage and erosion control, including applicable areas along Old Grant Creek Road shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-4(1-2) and City Engineering recommendation. 7. Plans for 7’ wide curbside sidewalks within the 60’ easement area and 5’ wide sidewalks with 7’ boulevards within the 80’ easement area for the offsite portion of Howard Raser Drive west of the subdivision, including precise locations of the sidewalk sections, shall be reviewed and approved by City Engineering prior to final plat approval. Plans for 6’ wide sidewalks with 10’ wide boulevards for the onsite portion of Howard Raser Drive and the offsite portion east of the subdivision shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(15)(A-C) and City Engineering recommendation. 8. Plans for 5’ wide sidewalks with 10’ wide boulevards along North Howard Raser Road shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(15)(A-C) and City Engineering recommendation. 9. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval. Subdivision Regulations Article 3-2(15)(B) and OPG recommendation. Access 10. Proof of legal access across Tracts A and C of Certificate of Survey 5855 for Howard Raser Drive and North Howard Raser Road plus appropriate utility easement(s) shall be reviewed and approved by City Engineering prior to final plat approval. The terms and scope of any access and utility easements shall be defined for this subdivision. Any required access and utility easements for Howard Raser Drive and North Howard Raser Road shall be finalized and recorded with the subdivision plat, to be reviewed ---PAGE BREAK--- and approved by the City Attorney’s Office prior to plat approval. Subdivision Regulations Article 3-2(2), 3-6 and OPG recommendation. 11. All sections of Howard Raser Drive and North Howard Raser Road shall be annexed into the City of Missoula and dedicated to the public on the final plat, to be reviewed and approved by City Engineering prior to final plat approval. City Engineering recommendation. Petroleum Pipeline 12. 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 prior to final plat approval. Subdivision Regulations Article 3-1(2) and Yellowstone Pipeline Company recommendation. 13. The following note shall be shown on the final plat and reference 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. Miscellaneous 14. Plans for address signs and 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 3-2(2)(G), 3-7 and City Fire Department recommendation. 15. A Revegetation Plan for disturbed sites shall be approved by the Missoula County Weed Board prior to final plat approval. Subdivision Regulations Article 3-1(1)(F) and Missoula County Weed District recommendation. Covenants/Development Agreement 16. The applicant shall file covenants or a development agreement for the Howard Raser Business Park to include the following items, prior to final plat approval, and these sections of the covenants or development agreement shall not be amended, deleted, modified or added to without consent of the governing body: a. DRIVEWAYS: Dead-end driveways in excess of one hundred and fifty (150) feet in length shall have approved turnaround for fire apparatus. A turnaround shall be located within one hundred and fifty (150) feet of the building. A minimum unobstructed width of not less than twenty (20) feet and an unobstructed vertical clearance of 13’6” shall be provided for any driveway over one hundred and fifty (150) feet. The opening through a gate should be two feet wider than the road. Final design shall be approved through the City Fire Department. Subdivision Regulations Article 3-2(16)(E). b. RADON: The EPA has designated the Missoula Area as having a high radon gas potential (Zone Therefore, the Missoula City-County Health Department recommends that all new buildings incorporate radon resistant construction features. Health Department and OPG recommendation. c. WEED CONTROL: The lot owners shall maintain the property in compliance with the Montana County Noxious Weed Control Act and the Missoula County Noxious Weed Management Plan. The lot owners shall revegetate any ground disturbance with beneficial species at the first appropriate opportunity ---PAGE BREAK--- after the disturbance occurs. Subdivision Regulations Article 3-1(1)(F) and County Weed District recommendation. d. PETROLEUM LINE: No utility poles will be allowed to cross the Yellowstone Pipeline right-of-way if they interfere with future maintenance. Utility poles, guy wires, or anchors shall not be placed within 8 feet of the pipeline(s). Utility poles running parallel to the pipeline(s) must be located at least 25 feet from the nearest pipeline(s), or 25 feet if located on both sides of the line. Subdivision Regulations Article 3-1(2) and Yellowstone Pipeline Company recommendation. e. LIVING WITH WILDLIFE: Owners and/or renters of lots in this commercial subdivision (hereafter, “residents”) 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, livestock feed, and other potential attractants. Residents must be aware of potential problems associated with the presence of wildlife such as deer, black bear, fox, raccoon, skunk, magpie, and other species. Please contact the Montana Fish, Wildlife & Parks office in Missoula (3201 Spurgin Road, Missoula, MT 59804) for brochures that can help owners “live with wildlife.” Alternatively, see FWP’s web site at www.fwp.mt.gov. The following covenants are designed to help minimize problems that residents could have with wildlife, as well as helping residents protect themselves, their property and the wildlife that Montanans value. I. Residents must be aware of the potential for vegetation damage by wildlife, particularly from deer feeding on landscaping--green lawns, flowers, ornamental shrubs and trees--in this subdivision. Residents 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. II. Garbage should be stored in secure animal-resistant containers or indoors to avoid attracting animals such as bears and raccoons. III. Do not feed wildlife or offer supplements (such as salt blocks), attractants, or bait for deer or other wildlife. Feeding wildlife results in unnatural concentrations of animals that could lead to overuse of vegetation and disease transmission. Such actions unnecessarily accustom wild animals to humans, which can be dangerous for both. It is against state law (MCA 87-3-130) to purposely or knowingly attract bears with supplemental food attractants (any food, garbage, or other attractant for game animals) or to provide supplemental feed attractants in a manner that results in “an artificial concentration of game animals that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.” Also, homeowners must be aware that deer might occasionally attract mountain lions to the area. ---PAGE BREAK--- IV. If pets are allowed on site, they must be confined to buildings, in a fenced yard, or in an outdoor kennel area, and not be allowed to roam as they can chase and kill big game and small birds and mammals. Under current state law it is illegal for dogs to chase hoofed game animals and the owner may also be held guilty (MCA 87-3-124). Keeping pets confined also helps protect them from predatory wildlife. V. Pet food and/or livestock feed should be stored indoors, in closed sheds or in animal-resistant containers in order to avoid attracting wildlife such as bear, raccoon, and skunk. When feeding pets do not leave food out overnight, and consider feeding pets indoors so that wild animals do not learn to associate food with your buildings. VI. If tall security fencing is utilized and if lot location relative to adjacent lots allows, consider installing a second egress gate in the back of the lot, away from the main entry gate. It is not uncommon for wildlife such as deer to become trapped inside large fenced compounds, and being able to leave a back gate open for awhile when this happens can often facilitate getting the wildlife out of the compound without risking animal or human injury by wildlife leaving through the main gate onto a potentially busy road. Fish, Wildlife and Parks recommendation. ---PAGE BREAK--- FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWARD RASER BUSINESS PARK November 19, 2007 IV. SUBDIVISION FINDINGS OF FACT ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: a) Zoning Compliance 1. The 7.5 acre parcel is currently zoned C-I2 in the county. The applicant has requested to annex the property into the city and the City Council intends to apply the comparable city zoning of I-II to the entire acreage. 2. The property will be zoned the comparable city zone of I-II upon annexation. This heavy-industrial zoning designation requires a minimum lot size of 10,000 square feet with a minimum lot width of 80 feet. 3. Lots range from 0.88 acre to 1.9 acres. All lot widths exceed 100 feet. b) Comprehensive Plan Compliance 4. The 1998 Missoula Urban Comprehensive Plan Update (“Plan”) is the applicable plan for this property. The recommended land use designation is Heavy Industrial. 5. The primary area recommended in the Plan for industrial use is also designated on the land use map. The Plan encourages screening and landscaping of Heavy Industrial areas where they are visible at the entrances to Missoula. Conclusion of Law: 1. The proposal is consistent with the applicable zoning and comprehensive plan designation for the property. PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. The property is a highly disturbed site that has no recent history of being used for agricultural purposes. 2. The soils are classified Moise gravelly loam, 0-2% slopes, and areas classified as a gravel pit. The Natural Resources Conservation District considers Moiese soils to be soils of local importance. 3. There are no irrigation ditches or irrigation ditch easements on the subject property. Conclusions of Law: 1. No loss of agricultural land will result from the proposed subdivision. 2. No impacts to agricultural water users are anticipated. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads Findings of Fact 1. The subdivision is located east of the Howard Raser Drive/Old Grant Creek Road intersection. It is accessed via an offsite portion of Howard Raser Drive proposed to be built as part of the subdivision. 2. Howard Raser Drive is proposed to continue east through the subdivision and end offsite. North Howard Raser Road continues north to a cul-de-sac adjacent to Lots 1 and 2. ---PAGE BREAK--- 3. City Engineering encourages limited access from the offsite portion of Howard Raser Drive, and therefore recommends a 1’ No-Access strip 100’ east of the Old Grant Creek Road intersection. This is required in a condition of approval. 4. All subdivision roadways are proposed to be built to a 41’ width from back-of-curb to back-of-curb. Subdivision Regulations Article 3-2(3) requires a minimum 36’ width for commercial subdivisions. 5. A condition of approval requires City Engineering review of plans for Howard Raser Drive and North Howard Raser Road prior to final plat approval. 6. A geotechnical study was submitted by the applicant to address the construction of subdivision roadways on a highly-disturbed site, including a portion of proposed North Howard Raser Road beyond the current edge of a gravel pit. The geotechnical study discusses the history of the site, and the soils and materials that make up the site. 7. A significant portion of North Howard Raser Road will be reclaimed with compacted structural fill prior to construction on that portion of the site as confirmed by the hillside requirements report. 8. City Engineering comments that an updated geotechnical report must be submitted confirming that proposed road sections meet heavy industrial standards, which is required in a condition of approval. 9. Portions of Howard Raser Drive and North Howard Raser Road are located offsite and will require proof of legal access from the adjoining landowners, which is required in a condition of approval (see Legal and Physical Access section). 10. The road name North Howard Raser Road is supported by County Public Works, but not by City Engineering. A condition of approval requires an approved name for this roadway. 11. City Engineering recommends that all portions of Howard Raser Drive and North Howard Raser Road be dedicated as public right-of-way, which is required in a condition of approval. 12. City Engineering comments that existing storm drainage issues along Old Grant Creek Road must be indicated. This is addressed in a condition of approval for grading, drainage and erosion control both within the subdivision and along Old Grant Creek Road. 13. A lighting plan for subdivision roadways is recommended by City Engineering and required in a condition of approval. Conclusion of Law: 1. If the recommended conditions of approval are imposed the proposed subdivision will meet required road standards. Pedestrian Access Findings of Fact: 1. The developer is proposing a combination of 6’ wide curbside and 5’ wide sidewalks with 7’ wide boulevards for the offsite portion of Howard Raser Drive. Subdivision regulations require commercial and industrial subdivisions to have 6’ wide sidewalks with 10’ boulevards, therefore variances are requested to allow for the proposed sidewalk and boulevard widths. 2. City Engineering supports curbside sidewalk on the offsite portion of Howard Raser Drive within the 60’ easement area closest to Old Grant Creek Road, but will require a 7’ sidewalk width. City Engineering also supports 5’ sidewalks with 7’ boulevards ---PAGE BREAK--- within the 80’ easement area east of this section but west of the subdivision. Offsite sidewalks requirements are listed in a condition of approval. 3. The developer proposes 6’ wide sidewalks with 10’ wide boulevards on Howard Raser Drive within the subdivision, plus along a short section of roadway east of the subdivision and offsite. This section of sidewalk is addressed in a condition of approval. 4. The developer is proposing 5’ wide sidewalks with 10’ wide boulevards for North Howard Raser Road, requiring a variance. City Engineering supports the variance as long as 10’ boulevards are maintained. This is required in a condition of approval. 5. Street trees will be required in boulevard areas along proposed roadways. A condition of approval requires review and approval of plans for these plantings by Parks and Recreation. Conclusion of Law 1. If the variances requested are approved and conditionally approved as recommended by staff, and the conditions of approval adopted, the proposed subdivision will meet the required standards for non-motorized pedestrian facilities. Water System Findings of Fact: 1. The proposed subdivision will be served by Mountain Water. Conclusion of Law: 1. Water will be provided to the subdivision. Sewer System Findings of Fact: 1. The developer proposes to connect all lots to City sewer. 2. Annexation and dedication of all portions of Howard Raser Drive and North Howard Raser Road to the City of Missoula will be required to facilitate extension of sewer facilities to the subdivision. This is required in a condition of approval. Conclusions of Law: 1. Sanitary sewer will be provided to this subdivision. 2. State and local agencies will review sanitation under the Sanitation Act. Solid Waste Findings of Fact: 1. Allied Waste will provide disposal service to the subdivision. Conclusions of Law: 1. Solid waste disposal is available to the subdivision. Parks and Recreation Findings of Fact: 1. The applicant is not proposing any common park area with this subdivision. Conclusion of Law: 1. Missoula City Subdivision Regulations Section 3-8(1)(E) exempts non-residential subdivisions from the provision of parkland dedication. Therefore, parkland dedication is not required for this subdivision. ---PAGE BREAK--- Schools Findings of Fact 1. The subdivision should not result in additional children to the school district since this is an industrial subdivision. Conclusion of Law: 1. No adverse impacts on schools requiring mitigation have been identified. Fire Department Findings of Fact: 1. City of Missoula Fire Department will serve the subdivision. 2. Fire hydrants are proposed for the subdivision, but their location on the preliminary plat is unclear. City Engineering recommends that fire hydrant placement should be noted on the plans. 3. A condition of approval requires review of a hydrant plan by City Fire, with hydrant installation required prior to combustible construction within the subdivision. The condition also requires review of address signage for emergency vehicle identification purposes. 4. Lot layouts could allow for dead-end driveways exceeding 150’ in length, which must have approved turnarounds for fire apparatus. This language is required to be included in covenants or a development agreement. Conclusion 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 City Police Department provided comment via a CPTED Analysis (Crime Prevention Through Environmental Design). They recommend general design strategies that include natural access control, natural surveillance and territorial reinforcement. Conclusion 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. There is no critical wildlife habitat located on or near this subdivision, although small mammal species plus black bears may be present occasionally. 2. Fish, Wildlife and Parks recommends that covenant language be recorded in order that lot renters or owners may avoid wildlife conflicts. This is required in a condition of approval. 3. Bill Otten of the County Weed District commented that the submitted revegetation plan for this site requires a minor correction. A Weed District-approved revegetation plan is required in a condition of approval. 4. Bill Otten recommends language in a development agreement or covenants that requires compliance with local and state laws regarding weeds on the property. This is required in a condition of approval. ---PAGE BREAK--- Conclusion of Law: 1. No adverse impacts to the natural environment and wildlife habit have been identified as a result of the proposed subdivision if the recommended conditions are adopted. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: 1. The City of Missoula Fire Department serves the property. The Missoula Police Department provides law enforcement services. 2. Missoula City sewer will serve the lots. Mountain Water will provide water service. 3. The City-County Health Department confirms that the Missoula area has a high radon gas potential, and that buildings should have radon-resistant construction features. This information is required for the covenants or a development agreement. 4. The subdivision is a highly-disturbed site with a history of gravel extraction. A portion of one subdivision roadway is proposed within the excavated area of a gravel pit to the east. 5. The applicant has submitted a hillside requirements report with a slope category map attached. The map indicates that most areas with slopes >25% will be re-graded. A significant portion of North Howard Raser Road is currently part of a gravel pit, but will be reclaimed with compacted structural fill prior to construction on that portion of the site as confirmed by the hillside requirements report. 6. The developer has submitted a geotechnical study to address gravel extraction and site conditions, but City Engineering will require additional evidence that roads in the subdivision can be constructed to industrial standards. This is required in a condition of approval. 7. The plat shows the location of an underground petroleum line crossing portions of Lots 1, 2 and 4 in addition to proposed North Howard Raser Road. 8. City Engineering recommends that the future pipeline location be shown on the plat. The present location and proposed location within the North Howard Raser Road right- of-way are shown on the plat. 9. In order to clarify the location of the pipeline on the plat, a condition of approval requires it to be clearly indicated with a note on the final plat. This note also refers to the covenants for applicable pipeline rules. 10. Larry Ostwald of Yellowstone Pipeline (YPL) comments that the 10-inch products pipeline in question has been planned to be moved by the developer, but that the relocation has not been finalized. Pipeline relocation will have to be in accordance with an Encroachment Agreement. A condition of approval requires a signed and executed Encroachment Agreement if required by YPL. 11. Larry Ostwald encourages utility pole, guy wire and anchor location information in relation to the pipeline location to be recorded in the subdivision covenants. This is required in a condition of approval. Conclusions of Law: 1. Emergency services, water, and sanitation are available to the subdivision. 2. No adverse impacts to public health and safety have been identified as a result of the proposed subdivision if the recommended conditions are adopted. ---PAGE BREAK--- 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. Conclusion of Law: 1. The developer has submitted a plat which complies with the requirements of local subdivision regulations or conditions have been required that will bring the plat 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 September 30th and October 7th, 2007. Certified letters were mailed to adjacent property owners on September 24, 2007. A poster was placed on the property boundary on September 25th, 2007. 3. The Missoula Consolidated Planning Board held a public hearing on the subdivision on October 16, 2007. 4. The Missoula City Council held a public hearing on the subdivision on November 5th, 2007. The 60-day deadline is November 5th, 2007. 5. A decision of the governing body rejecting or approving a proposed subdivision may be appealed to the district court within thirty days of such decision. The application shall specify the grounds upon which the appeal is made. An appeal may be made by the subdivider, a contiguous landowner, an owner of land within the City of Missoula who can establish a likelihood of material injury to property or its material value, or the City Council. In order to file an appeal, the plaintiff must be aggrieved by the decision, demonstrating that a specific personal and legal interest, as opposed to a general interest, has been or is likely to be specifically and injuriously affected by the decision. Conclusion of Law: 1. This subdivision proposal has followed the necessary application procedure and has been reviewed within the procedures provided in Article 4 of the Missoula City Subdivision Regulations. D) PROVISION OF EASEMENTS FOR UTILITIES: Findings of Fact: 1. A utility easement was dedicated for the onsite and offsite locations of proposed Howard Raser Drive and North Howard Raser Road on COS 5855. Public utility easements will be located within the Howard Raser Drive and North Howard Raser Road rights-of-way that will be required to be dedicated with the final plat. ---PAGE BREAK--- 2. The plat shows an 80’ utility easement per COS 4926 crossing Lots 1-4 and Lot 6. This utility easement is proposed to be vacated with this plat. 3. A 60’ utility easement per COS 4926 crosses the northern edge of Lot 1. This has been extended to the eastern boundary of the lot by a proposed utility easement. This continuous easement will contain the relocated petroleum line. 4. The proposed 80’ North Howard Raser Road utility easement/right-of-way does not reflect the 60’ utility easement dedicated with COS 5855. The high-pressure petroleum line and other utilities crossing any portion of Tract C of COS 5855 may not therefore have an appropriate utility easement. A condition of approval therefore requires proof of an easement for utilities across Tract C of 5855. Conclusions of Law: 1. The provision of easements for utilities will be met by this if the recommended condition is imposed. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access will be provided to the subdivision via Howard Raser Drive and North Howard Raser Road. 2. Legal access to Tracts B1 and B2 of COS 5855 were provided with the recording of the document, but it is unclear whether the use and scope of the easements on this COS are sufficient for the proposed subdivision and its uses as indicated by notes stating “Private Access and Utility Easement per this plat.” The dedicated easement for North Howard Raser Road on this COS does not appear to accommodate an 80’ right-of-way easement width or a portion of the cul-de-sac bulb on Tract C of the COS. 3. The submittal includes draft easement information for the offsite portion of Howard Raser Drive and North Howard Raser Road. Carla Krause of City Engineering reviewed the easement information and confirmed that easement language should be sufficient for future sewer extensions in Howard Raser Drive and North Howard Raser Road if the documents are finalized and recorded. 4. A condition of approval requires proof of legal access for the offsite portions of Howard Raser Drive and North Howard Raser Road. The condition allows for flexibility in legal access verification so that the draft easements may be amended or other appropriate legal access documents recorded. Conclusion of Law: 1. The proposal meets physical and legal access requirements if the recommend condition is approved.