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CONDITIONS OF APPROVAL MILL SITE PUD SUBDIVISION June 1, 2009 1. The Mill Site Special Zoning District shall be adopted prior to Phase 1 final plat approval. Subdivision Regulations Article 3-1(1)(B). Roads and Non-motorized Facilities 2. The following statement shall appear on the face of the plat and in each instrument of conveyance, prior to final plat approval of the appropriate phase: “Acceptance of a deed for a lot within this subdivision constitutes assent of the lot owner to waive the right to protest a future RSID/SID for improvements including but not limited to the installation of paving, drainage facilities, curbs and gutters, pedestrian walkways or bikeways to Wyoming Street, Moose Creek Trail, Silver Parkway, Clearwater Lane, Old Mill Road, Mill Pond Road, Welcome Creek Court, Idaho Street, Big Timber Lane, Hickory Street, California Street and all streets within the Mill Site subdivision, based on benefit. The waiver shall run with the land and shall be binding on the transferees, successors, and assigns of the owners of the land." Subdivision Regulations Article 3-2(3)(E), Planning Board and OPG recommendation. 3. Plans for installing curb/gutter, drainage facilities, sidewalk, and pavement on subdivision roadways to dimensions and in locations proposed on Sheets 4, 5, and 8 of 8, dated 12/6/2006, excepting approved adjustments to the preliminary plat as shown on Sheet 1 of 1 dated 5/15/2009, shall be reviewed and approved by the City Engineer prior to final plat approval of the appropriate phase. Plans for and installation of temporary turnarounds for Old Mill Road, Moose Creek Trail and Silver Parkway shall be reviewed and approved by City Engineering prior to Phase 1 final plat approval. Plans for extending the alley along the west side of Lot 1 of Block 3 north from Montana Avenue, to connect with the offsite alley parallel to and midway between Idaho Street and Montana Avenue, adjacent to Lot 16 of Block 3 shall be reviewed and approved prior to Phase 2 final plat approval. Subdivision Regulations Articles 3-2(3), 3-2(9), 3-2(14), 3-12, 3-4(1) and City Engineering recommendation. 4. Plans for striped bike lanes on Wyoming Street, bicycle routing on roadways or multi-use trails, including the section of Clearwater Lane adjacent to Lots 6 and 7 of Block 13, and bicycle/pedestrian separation at all trail terminations or junctions within public streets or sidewalks shall be reviewed and approved by City Engineering prior to final plat approval of the appropriate phase 5. Plans for traffic signal installation at the Cregg Lane/Orange Street intersection, including timing of installation, shall be reviewed and approved by City Engineering prior to final plat approval. Traffic signal installation shall be subject to an improvements guarantee, to be reviewed and approved by City Engineering prior to Phase 1 final plat approval. Subdivision Regulations Article 3-2(1)(E) and City Engineering recommendation. ---PAGE BREAK--- 6. A signage plan in conformance with the Manual on Uniform Traffic Control Devices, including provisions for temporary signage during construction, and permanent signage, including bicycle/pedestrian routes and pedestrian signage at the end of Welcome Creek Court and Mill Pond Road, and where the pedestrian trail crosses over California Street, shall be reviewed and approved by City Engineering and Parks and Recreation prior to final plat approval of the appropriate phase. Subdivision Regulations 3-2(2)(F), City Engineering and Parks and Recreation recommendation. 7. Traffic plans for the Mill Site subdivision shall be included for each Mill Site building permit on corner lots, subject to review and approval by City Engineering prior to building permit submittal. No-build zones shall be designated in visibility triangles as determined by the traffic plan, subject to review and approval by City Engineering. Subdivision Regulations Article 3- 2(1)(K)(5) and City Engineering recommendation. 8. Proof of vacation of rights-of-way and alleys in Blocks 9 and 18 of Sunnyside Addition, and Block 16 of Eddy Addition, and the 30’ wide access and utility easement per Book 22 Micro, Page 1377 shall be reviewed and approved by City Engineering prior to Phase 1 final plat approval. OPG recommendation. 9. Plans for adequate maneuvering room for emergency vehicles at the eastern end of Welcome Creek Court and Mill Pond Road shall be reviewed and approved by the City Fire Department and City Engineering prior to Phase 2 final plat approval. Plans for adequate garbage truck maneuvering room at Public Service Corridor entrances shall be reviewed and approved by Allied Waste Systems prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-2(12) and City Engineering recommendation. 10. Proof of legal access under the Montana Rail Link (MRL) trestle and across city-owned land adjacent to the trestle shall be verified by MRL and the City of Missoula prior to Phase 1 final plat approval. Subdivision Regulations Article 3-2(2)(D) and City Engineering recommendation. 11. Plans for the eastern entrance to the Mill Site, including the portion of Cregg Lane east of the Montana Rail Link (MRL) trestle, shall meet McCormick Park Master Site Plan standards, including appropriate roadway and non- motorized circulation and connections, to be reviewed and approved by Parks and Recreation and City Engineering prior to Phase 1 final plat approval. City Subdivision Regulations Article 3-2(1)(E) and Parks and Recreation recommendation. 12. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-2(15)(B) and Urban Forester recommendation. 13. A plan for the location of cluster mailboxes shall be submitted for review and approval by the City Engineer and the Postmaster prior to building permit approval. Subdivision Regulations Article 3-1(6) and City Public Works recommendation. ---PAGE BREAK--- 14. The developer shall petition for annexation into the Missoula Urban Transportation District prior to Phase 1 final plat approval. Subdivision Regulations 3-1(1), 3-2(1) and MUTD recommendation. 15. Plans for bus facilities, including pullouts, stops and shelters if required, shall be reviewed and approved by Mountain Line prior to final plat approval of the appropriate phase. OPG recommendation. Irrigation Ditches 16. Plans for road crossings, culverts, and lining the Orchard Homes Canal within the Mill Site Development shall be submitted to and approved by the Orchard Homes Ditch Company prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-6, MCA 85-7-1922 and Orchard Homes Ditch Company recommendation. Parks and Riparian 17. Plans for finish grading, installation of 12” of topsoil, installation of commercial grade irrigation and boulevard trees adjacent to common areas, and application of suitable turf grass seed to all common area greenscape (CAGS) locations shall be subject to review and approval of OPG and Parks and Recreation prior to Phase 1 final plat approval. Improvements not installed prior to final plat approval shall be subject to an improvements guarantee. Subdivision Regulations Article 3-8(1)(F) and Parks and Recreation recommendation. 18. The developer shall incorporate riparian investigation conclusions and restrictions into the protective covenants, with form and content to be reviewed and approved by OPG prior to Phase 1 final plat approval. Subdivision Regulations Article 3-13 and OPG recommendation. 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 final plat approval of the appropriate phase. 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 of each particular phase. Subdivision Regulations Article 3-2(1)(E), City Fire Department and OPG recommendation. 20. General plans for address signs shall be reviewed and approved by the City Fire Department and included in the covenants prior to Phase 1 final plat approval. Subdivision Regulations Article 3-2(2)(G), City Fire Department and OPG recommendation. Site Cleanup 21. Prior to final plat approval of the appropriate phase, the applicant shall provide the Office of Planning and Grants the following: a. Evidence that the Montana Department of Environmental Quality (DEQ) has approved the Missoula Sawmill Voluntary Cleanup Plan (VCP); b. Evidence of a written agreement between the applicant and DEQ pursuant to which the applicant will monitor the groundwater quality at ---PAGE BREAK--- the subject property relative to C9 and C10 aromatic compounds (as defined by DEQ), manganese and iron; b. Evidence that the Missoula City-County Health Department/Water Quality District has received from the developer 1) a summary of a currently available report of the 2008 groundwater monitoring results, and 2) a plan for future years’ monitoring for manganese and iron in groundwater until manganese and iron are below DEQ-7 groundwater standards in all existing monitoring wells for two consecutive (one high water, one low water) sampling events, with reports of the future sampling results to be submitted on a timely basis to the DEQ and Missoula City-County Health Department/Water Quality District. c. A deed restriction prohibiting new potable water wells at the subject property without the express prior written approval of DEQ. Subdivision Regulations Article 3-1(2) and City-County Health Department recommendation. 22. No Zoning Compliance Permit shall be issued for a lot until the developer provides the Office of Planning and Grants a certification that soil cleanup for such lot has been implemented in accordance with the VCP together with evidence that a Qualified Environmental Professional (QEP) has confirmed the accuracy of the developer’s certification for such lot. Subdivision Regulations Article 3-1(2) and City-County Health Department recommendation. 23. No Zoning Compliance Permit shall be issued for a lot within the methane- affected lot areas shown in Exhibit 1 until the developer provides the Office of Planning and Grants a certification that methane gas does not pose a hazard to such lot in accordance with the VCP (methane is not considered part of the soil cleanup referenced in the previous condition), together with evidence that a QEP has confirmed the accuracy of the developer’s certification for such lot. Subdivision Regulations Article 3-1(2) and City-County Health Department recommendation. Grading, Drainage and Floodplain 24. Final plans for grading, drainage and erosion control, including plans for 80% total suspended solids removal from water discharged into the Clark Fork River, and demonstration of the compatibility of the storm drainage systems with environmental contamination and related DEQ-mandated cleanup constraints, shall be reviewed and approved by the City-County Health Department and City Engineering prior to issuance of the first building permit. City Subdivision Regulations Articles 3-1(2), 3-4(1) and City-County Health Department recommendation. 25. The developer or individual lot owners shall include pre-construction elevation certificates at the time of Zoning Compliance Permit submittal documenting the lowest floor and utility elevations with post-construction elevation certificates submitted upon building completion. Fill for building sites shall be compacted to 95% proctor as certified by a geotechnical engineer. Subdivision Regulations Article 3-1(1)(B) and Floodplain Administrator recommendation. ---PAGE BREAK--- 26. Language shall be included in the Covenants prior to Phase 1 final plat approval and a note shall be placed on the final plat that states the following: “The lowest floor elevation, including basements, mechanical equipment, and ductwork shall be a minimum of 2’ above base flood elevation. Parking structures and related mechanical equipment associated with air handling, and elevators accessory to the parking structures are permitted below base flood elevation in areas outside a FEMA adopted special flood hazard area (Zone AE). Pre-construction elevation certificates shall be required at the time of Zoning Compliance Permit submittal documenting the lowest floor and utility elevations, with post-construction elevation certificates submitted upon building completion. All building sites shall be compacted to 95% proctor as certified by a geotechnical engineer.” Subdivision Regulations Article 3- Planning Board and Floodplain Administrator recommendation. 27. The developer shall provide a Letter of Map Change (LOMC) issued by FEMA prior to issuance of a residential or commercial building permit for any portion of the platted private lot areas of the subdivision within the FEMA-identified Special Flood Hazard Area (Zone AE). Subdivision Regulations Article 3- Planning Board and Floodplain Administrator recommendation. Covenants 28. The covenants for the Mill Site Subdivision shall be amended to include the following items, and these sections shall not be amended, modified, added to or deleted without consent of the governing body prior to Phase 1 final plat approval: Amend Article V, Section 19 as follows: a. Weed Control The Owner of each Lot shall maintain his Lot in conformity with the Montana County Weed Control Act and the Missoula County Noxious Weed Management Plan. Any ground disturbances shall be revegetated with beneficial species at the first available opportunity after disturbance occurs. County Weed District recommendation. Amend Article V, Section 8: b. Geotechnical or Environmental Considerations (Delete Section) Declarant makes no warranty, express or implied as to geotechnical conditions or soils within The Property. The site was a former operating sawmill and wood chips, waste material, and other debris exists in the area. It is the responsibility of the Owner to determine the geotechnical conditions that exist and mitigate any such conditions that may exist. DEQ recommendation. Amend Article V, Section 21: c. Wildlife The Declarant advises the Owners of the potential problems associated with the occasional presence of wildlife such as deer, raccoon, skunk and squirrels. Owners are advised to protect vegetation from damage, to confine their pets, and to properly store ---PAGE BREAK--- garbage and other items such as pet food that might attract wildlife. Artificial feeding of wildlife is prohibited. Owners should refer to Montana Fish, Wildlife & Parks for information on minimizing problems that homeowners could have with wildlife, or visit FWP’s website, www.fwp.mt.gov. Additionally, a brochure, entitled, “Living With Wildlife” is available from the Missoula Office of Planning & Grants. Fish, Wildlife and Parks recommendation. New Article d. Lot access Where lots have access to a Public Service Corridor, access shall be from the Public Service Corridor unless otherwise approved by the Public Works Department. City Engineering and OPG recommendation. Amend Article IV, Section 33 e. Streets – Waiver of the Right to Protest SID/RSID Acceptance of a deed for a lot within this subdivision constitutes assent of the lot owner to waive the right to protest a future RSID/SID for improvements including but not limited to the installation of paving, drainage facilities, curbs and gutters, pedestrian walkways or bikeways to Wyoming Street, Moose Creek Trail, Silver Parkway, Clearwater Lane, Old Mill Road, Mill Pond Road, Welcome Creek Court, Idaho Street , Big Timber Lane and all streets within the Mill Site subdivision, based on benefit. The waiver shall run with the land and shall be binding on the transferees, successors, and assigns of the owners of the land. Subdivision Regulations Article 3-2(7) and OPG recommendation. Article VII, Section VI f. Amendment Article VII, Section VI (“Amendment”) shall be amended to include Weed Control, Irrigation Classification, Radon, Address Signs, Lot Access, Streets, Living with Wildlife and the Riparian Resource Management Plan as sections of the covenants that may not be amended without Governing Body approval. Subdivision Regulations Article 3-1(10) and OPG recommendation. 29. The methane-affected lots exhibit (Exhibit 1) shall be revised to include Sub- district G (Mill Site Subdivision Block 15) prior to final plat approval of the appropriate phase.