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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY February 5, 2008 Maloney Properties, LLC P.O. Box 342967 Indianapolis, IN 46234 RE: Teton Addition at Maloney Ranch To Whom It May Concern: At its regularly scheduled meeting of December 10, 2007, the Missoula City Council voted to approve the Teton Addition at Maloney Ranch Subdivision subject to the 28 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 motions: 1. THAT the variance request from Article 3-3(1)(E) requiring all lots to have a minimum 60 foot lot width at the building setback line be approved, based on the findings of fact in the staff report. 2. THAT the variance request from Article 3-3(2) limiting the maximum block length to 480 feet be approved, based on the findings of fact in the staff report and subject to the condition of approval. 3. THAT the variance request from Article 3-2(15) requiring 6’ sidewalks and 10’ boulevards for Christian Drive be denied. 4. THAT the variance request from Article 3-2(15) requiring 6’ sidewalks and 10’ boulevards for Lower Miller Creek Road be denied. 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 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. Attachment B - City Council Approval Letter dated February 5, 2008 ---PAGE BREAK--- The deadline to submit for Phase 1 final plat approval is December 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: Kristin Smith, WGM Group Mary McCrea, OPG Denise Alexander, OPG Roger Millar, OPG Todd Klietz, OPG Lettie Hunnakko, OPG Casey Wilson, OPG Kevin Slovarp, City Engineer Mark Todorovich, City Engineering Bob Hayes, City Engineering Doug Harby, City Engineering Bob Rajala, City Fire Marshal Jackie Corday, Parks & Recreation David Shaw, Parks and Recreation Missoula Consolidated Planning Board Attachment B - City Council Approval Letter dated February 5, 2008 ---PAGE BREAK--- CONDITIONS OF APPROVAL TETON ADDITION AT MALONEY RANCH SUBDIVISION DECEMBER 10, 2007 1. The proposed rezoning shall be adopted prior to final plat approval. Roads and Non-motorized Facilities 2. Plans for installing curb/gutter, complete drainage facilities, sidewalk, and pavement on subdivision roadways to dimensions and in locations proposed on the Preliminary Plat Submittal, Supplementary Data Sheets 2-8 dated June 2007, with the exception that 6’ sidewalks and 10’ boulevards shall be installed on Christian Drive and Lower Miller Creek Road as required by City Council, shall be subject to review and approval by the City Engineer prior to final plat approval of each phase. 3. The Phase 1 and Phase 3 final plats shall include a 1’ no-access strip on both sides of Lower Miller Creek Road in appropriate locations to be reviewed and approved by City Engineering prior to final plat approval of Phase 1 and Phase 3. 4. The applicant shall contribute $1,800 per new single-dwelling unit and $1440 for each new multi-dwelling unit, or the requisite traffic impact fee applied by the City of Missoula, whichever is higher, to the Miller Creek Transportation Mitigation Proposal to mitigate the impacts to the Miller Creek/Lower Miller Creek Road intersections. Payment of this contribution shall be verified prior to final plat approval of each phase. 5. Plans for minimum 16’ wide alleys within 20’ rights-of-way shall be reviewed and approved by City Engineering prior to final plat approval of Phases 2-7 and 10-11. 6. Site visibility triangle information shall be recorded with the Phase 1 final plat per the exhibits dated 5/9/2007 in a form to be reviewed and approved by City Engineering prior to final plat approval. Site triangle information to be included on the plat and in the Development Covenants shall prohibit landscaping, fences, etc. exceeding 30 inches in height, to be reviewed and approved by OPG prior to Phase I final plat approval. 7. A signage plan in conformance with the Manual on Uniform Traffic Control Devices, including provisions for temporary signage during construction, permanent signage, and cost of installation to be included in the security deposit, shall be reviewed and approved by City Engineering and Missoula City Fire prior to Phase 1 final plat approval. 8. Plans for an 8’ wide concrete trail from Wheatland Park to Fairfield Drive along Richland Way, and along Astoria Way to Wheatland Park connecting to Lower Miller Creek Road as depicted in the Trail and Open Space Plan dated 6/26/2007 shall be reviewed and approved by City Parks and Recreation and City Engineering prior to Phase 1 final plat approval. The concrete trail sections shall be connected with a 5’ wide compacted gravel trail in the open space area between Fairfield Drive and Absarokee Drive, to be reviewed and approved by City Parks and Recreation and City Engineering prior to final plat approval of each phase. 9. Plans for gravel trails through subdivision open space areas in the locations depicted in the Trail and Open Space Plan dated 6/26/2007 shall be reviewed and approved Attachment B - City Council Approval Letter dated February 5, 2008 ---PAGE BREAK--- by City Parks and Recreation and City Engineering prior to final plat approval of the appropriate phases. 10. Plans for striped bike lanes on Lower Miller Creek Road and Christian Drive shall be reviewed and approved by City Engineering prior to final plat approval of Phases 1, 8, 12 and 13. 11. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval of each phase. 12. The developer shall present evidence of petitioning for annexation into the Missoula Urban Transportation District prior to Phase 1 final plat approval. Parks, Common Area and Natural Resources 13. Plans for finish grading, installation of 12” of topsoil, installation of commercial grade irrigation and application of suitable turf grass seed shall be subject to review and approval of City Parks and Recreation prior to Phase 1 final plat approval for Pondera Park and Phase 10 final plat approval for Wheatland Park. 14. All open space areas depicted as “ORL” in Phase 8 on Sheet 1 of 8 dated June 2007 shall be dedicated as common area, and a plan for maintenance shall be reviewed and approved by City Parks and Recreation prior to Phase 8 final plat approval. These areas shall include Public Access Easements to be reviewed and approved by City Engineering and City Parks and Recreation prior to final plat approval. 15. The five public non-motorized connection easements shown on the Trail and Open Space Connections Plan dated 6/26/2007 shall be dedicated as common area to be reviewed and approved by City Parks and Recreation prior to final plat approval. Lots may be reconfigured to meet the common area requirement. 16. Plans for installation of a 5’ wide concrete pathway with irrigated and planted grass strips on either side within linear 20’ wide common areas connecting Chester Drive with Christian Drive in Phases 8 and 12, Ferndale Drive with Absarokee Drive in Phase 2, Christian Drive with Chester Drive in Phases 13 and 15, Chester Drive with Garrison Drive in Phases 14 and 15, and Chester Drive with Richland Way in Phases 10 and 12 shall be reviewed and approved by City Parks and Recreation prior to final plat approval of each applicable phase. The linear common areas shall be depicted with Public Access Easements, and shall be as shown on Sheet 1 of 8 dated June 2007. 17. Lot D376 as depicted on Sheet 1 of 8 date 6/26/2007 shall be redesigned so that Wheatland Park is 100% surrounded by pedestrian facilities including boulevard trees between Lot D376 and Wheatland Park, to be reviewed and approved by City Parks and Recreation and City Engineering prior to Phase 10 final plat approval. 18. Lots A1 through A17 shall indicate building envelopes for all structures on the final plat within 150 feet of the adjoining public road right-of-way. Lawns, accessory structures, fences, etc. are not permitted outside the building envelopes. Fire 19. Final plans for fire suppression water flow and hydrant placement shall be reviewed and approved by City Engineering and City Fire Department prior to Phase 1 final plat approval. Fire hydrants, subject to the review and approval of the City Engineer and City Fire Department, shall be installed prior to issuance of the first building permit. Attachment B - City Council Approval Letter dated February 5, 2008 ---PAGE BREAK--- 20. General plans for visible address signs shall be reviewed and approved by the City Fire Department and included in the covenants prior to Phase 1 final plat approval. 21. A revised Revegetation Plan for disturbed sites shall be submitted to and approved by the Missoula County Weed Board prior to Phase 1 final plat approval. Covenants 22. The covenants for Teton Addition at Maloney Ranch shall be amended prior to Phase 1 final plat approval to include the following items, and these sections shall not be amended, modified, added to or deleted 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. 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 residences incorporate radon-resistant construction features. a. Weeds Amend the first sentence of Article 2.35 to require revegetation after the first appropriate opportunity after disturbance occurs. b. Amendments Amend Article 3.4 of the covenants as follows: “No covenant or sections thereof relating to radon, weed control, address signage, driveway standards, site visibility triangles or amendments may be changed or deleted without prior written consent of the governing body.” 23. Article 2.19 of the Protective Covenants shall be eliminated to allow use of passive and active solar in construction of homes prior to Phase 1 final plat approval. 24. The portion of Article 2.27 of the covenants prohibiting compost piles shall be deleted prior to Phase 1 final plat approval. 25. Christian Drive shall be completed and built to the eastern boundary of the subdivision prior to Phase 12 final plat approval. 26. The covenants shall be amended to include a Weed Management Plan (Plan) for all undeveloped and planned open space areas of the subdivision, to be reviewed and approved by the County Weed District prior to Phase 1 final plat approval. The Plan shall include provisions making the developer responsible for its implementation, beginning at Phase 1, until enough development has occurred to support the Homeowner's Association. The Plan shall include a mechanism allowing the Homeowner’s Association to assume weed management duties from the developer, continuing after the final phase of the subdivision has been filed. The Plan and the covenant provisions related to weed management shall be reviewed and approved Attachment B - City Council Approval Letter dated February 5, 2008 ---PAGE BREAK--- by the County Weed District, City Parks and Recreation and OPG prior to Phase 1 final plat approval. 27. The final plat shall include a 20’ wide Conditional Public Non-Motorized Access Easement (NMAE) along the western boundary of Phase 1 as indicated on Sheet 1 of 8 dated June 2007 in a location to be reviewed and approved by City Parks and Recreation prior to final plat approval. This easement shall be activated in the event that the developer is not able to acquire an alternative acceptable trail easement between the Bitterroot River and the western boundary of Phase 1 within one year of Phase 1 final plat approval. The easement along the western boundary line of Phase 1 may be terminated if an acceptable trail easement is acquired by the developer within one year of Phase 1 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 Phase 1 final plat approval. If the easement is activated, plans for a trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation subject to an improvements guarantee. 28. Pondera Park shall be expanded into an at least 5 acre public park. Subdivision lots deleted to meet the requirement may be recuperated in other areas of the subdivision, subject to zoning and the review and approval of City Parks and Recreation and OPG prior to Phase 1 final plat approval. Attachment B - City Council Approval Letter dated February 5, 2008