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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY Ron Ewart Eli & Associates P.O. Box 16462 Missoula, MT 59808 June 26, 2007 RE: Great Spaces Subdivision City Council Action SB#20060140 Dear Ron, At its regularly scheduled meeting of June 11, 2007, the Missoula City Council voted unanimously to approve Great Spaces Subdivision for a two-year approval period. The approval is subject to the sixteen (16) conditions listed in the attached document entitled “Great Spaces Subdivision - Conditions of Subdivision Approval”. The reasons for the decision to approve the subdivision, including the imposition of any condition of approval, may be found on the public record, and within the attached document titled “Great Spaces Subdivision - Findings of Fact and Conclusions of Law”. As part of this action, the City Council amended the motion on variance request #3 as shown and took action on the variances as follows: 1. THAT the request to vary from Article 3-2(15)(A)(1) and 3-2(21)(B), requiring installation of a minimum 6 foot wide concrete sidewalk and 10 foot landscaped boulevard, along both sides of River Road be conditionally approved, to permit the installation of a 5 foot wide concrete curbside sidewalk on the north side only, based on the findings of fact set forth in the staff report. 2. THAT the request to vary from Article 3-2(15)(B), requiring installation of a minimum 5 foot concrete boulevard sidewalk with a 7 foot landscaped boulevard along the new on-site road be conditionally approved, to permit the installation of a 5 foot wide concrete curbside sidewalk on the east side only, based on the findings of fact set forth in the staff report. 3. THAT the request to vary from Article 3-2(1)(I) and 3-2(14)(A), requiring a minimum 24 foot surface width from back-of-curb to back-of-curb with curb and gutter for the new on-site road be denied, based on the findings of fact set forth in the staff report. 4. THAT the request to vary from Article prohibiting block length to be greater than 480 feet be approved, based on the findings of fact set forth in the staff report. ---PAGE BREAK--- 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 the applicant within the definition of an aggrieved party. The deadline to submit the plat for final plat approval is June 11, 2009. You must submit the final plat by this date or request an extension to the effective period of plat approval. If you have any questions, please feel free to contact me at 258-4982 or email me at Sincerely, Mary McCrea Mary McCrea, Senior Planner Office of Planning and Grants CC: Lettie Hunnakko, Planner, OPG Casey Wilson, Graphics, OPG Jackie Corday, Open Space Program Manager, OPG Dave Shaw, Parks and Trails Design Development Manager Steve King, Public Works Director Kevin Slovarp, City Engineer Mark Todorovich, Engineer Tech/Inspector, Public Works Bob Hayes, City Engineering Bob Rajala, City Fire Marshal ---PAGE BREAK--- 1 GREAT SPACES SUBDIVISION CONDITIONS OF SUBDIVISION APPROVAL June 11, 2007 Roads 1. Plans for installation of curb and gutter and paving the portion of River Road adjacent to this subdivision to an 18 foot width from back of curb to centerline of right-of-way shall be reviewed and approved by the City Engineer prior to final plat approval. 2. Plans for installation of curb and gutter and paving the on-site private road to a 24 foot width from back of curb to back of curb from River Road to the point where the road serves only two lots, including bridge design over the irrigation ditch and a turnaround at the terminus of the private road shall be reviewed and approved by the City Engineer, the City of Missoula Fire Department and the Orchard Homes Irrigation Ditch Company prior to final plat approval. 3. The subdivider shall add a one foot no-access strip along the southern boundary of Lot 1 adjacent to River Road east of the private access easement for the on-site road prior to final plat approval. 4. The shared driveway serving Lots 2 & 3 shall be paved to a surface width of 12 feet within the 30 foot private access easement with a 20 foot unobstructed width, 13’-6” unobstructed vertical clearance, and a turnaround for fire apparatus provided at the terminus of driveways in excess of 150 feet in length. Driveway plans shall be subject to review and approval of City Public Works and City Fire Department prior to building permit approval. Pedestrian Facilities 5. Plans for the installation of a minimum 5 foot concrete curbside sidewalk on the north side of River Road adjacent to the subdivision shall be reviewed and approved by the City Engineer prior to final plat approval. 6. The subdivider shall provide an additional 5 feet of right-of-way for the on-site private road prior to final plat approval. Plans for the installation of a minimum 5 foot concrete curbside sidewalk along the east side of the on-site private road shall be reviewed and approved by the City Engineer prior to final plat approval. Water Rights 7. The subdivider shall ensure that all lot owners have access to irrigation water including the provision of easements for irrigation water, or have the water rights removed for Lots 2 & 3 through an appropriate legal or administrative process, which shall be indicated by a statement on the final plat and in the covenants to be reviewed and approved by the Orchard Homes Irrigation Company and the OPG prior to final plat approval. Easements 8. A 20 foot easement shall be provided for the natural gas transmission line located across the northern portion of Lot 3 subject to review and approval of the County Surveyors Office and the OPG prior to final plat approval. 9. The single-use overhead power line extending from a pole north of the property to the shop located to the west of the site shall be removed or a 20 foot easement provided in the location of the power line subject to review and approval of OPG prior to final plat approval. ---PAGE BREAK--- 2 Fire 10. The developer shall provide a water supply for fire protection that produces 1000GPM with two hours storage and a hydrant or, in lieu of a water supply with hydrant, the developer shall install interior residential fire sprinklers that meet NFPA 13D standards in each new home. Plans for a water supply and hydrant location shall be approved by the City of Missoula Fire Department prior to final plat approval. If water supply for fire protection is to be provided by interior residential fire sprinklers then the subdivider shall provide verification from City of Missoula Fire Department of approval to install interior residential fire sprinklers that meet NFPA 13D standards in each new home for the purposes of fire protection prior to final plat approval. Plans for the installation of interior residential fire sprinklers shall be approved by the City of Missoula Fire Department prior to building permit approval and the development covenants shall be amended to include the following prior to final plat approval: “Installation of interior residential fire sprinklers that meet NFPA 13D standards are required in each new home for the purpose of fire protection. Plans for installation of interior residential fire sprinklers shall be approved by the City of Missoula Fire Department prior to Building Permit approval. Failure to install residential fire sprinklers in any new home may subject the entire subdivision to the cost of installation of a shared water source for fire fighting purposes.” This section of the covenants may not be changed or deleted without governing body approval. 11. Road and address signage plans requiring signs visible from streets in all light conditions shall be reviewed and approved by the City of Missoula Fire Department and shall be included in a development covenant, prior to final plat approval. 12. The following statement shall appear on the face of the plat prior to final plat approval: “Acceptance of a deed for a lot within this subdivision constitutes waiver of the right to protest a future SID for a public water system for fire protection, 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.” Floodplain 13. The subdivider shall amend the plat to show hatching in the area of the FEMA approved LOMA 05-08- 0585A. 14. Language shall be included in the Covenants prior to 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. 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.” Covenants 15. Replace Article II, Section 2 of the Development Covenants with the following prior to final plat approval, subject to review and approval of OPG: The following sections may not be amended or deleted without prior written consent of the governing body: weed control, revegetation of disturbed sites, driveways, addressing, interior residential fire sprinklers, woodstoves, radon mitigation, floodplain areas, living with wildlife, and amendments. 16. The covenants shall be amended as follows subject to review and approval of OPG prior to final plat approval: The Living with Wildlife section of the covenants shall be amended to include the following: “Compost Piles can attract skunks and bears. If used they should be kept indoors or built to be wildlife-resistant. Compost piles should be limited to grass, leaves, and garden clippings, and piles should be turned regularly. Adding lime can reduce smells and help decomposition. Do not add food scraps.” ---PAGE BREAK--- 3 GREAT SPACES SUBDIVISION FINDINGS OF FACT AND CONCLUSIONS OF LAW June 11, 2007 ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: a) Zoning Compliance 1. The property is zoned RLD-4 (Residential Low-Density). The maximum residential density in the RLD-4 district is four dwelling units per acre. There is a minimum lot size of ten thousand (10,000) square feet per dwelling unit for single family homes, 20,000 square feet for two-family homes with a minimum lot width of 75’. 2. RLD-4 zoning surrounds this property on the east, west and south. The area north of the property is unzoned. 3. The area of the subdivision is 1.31-acres. The developer is proposing to subdivide the property into three residential lots. Lot 1 is proposed to be 12,551 square feet, Lot 2 is proposed to be 20,164 square feet and Lot 3 is proposed to be 24,433 square feet. 4. The RLD-4 zoning district would permit two family dwellings on Lots 2 & 3, yielding a density of 3.82 dwelling units per acre in compliance with the maximum 4 dwelling units per acre density requirement of the zoning district. b) Comprehensive Plan Compliance 5. The 1998 Missoula Urban Comprehensive Plan Update and the Reserve Street Area Plan (1995 Update) are the applicable plans for this property. The recommended land use designation is Low Density Residential, with a maximum residential density of up to four dwelling units per acre. 6. Development near this proposed subdivision is a combination of established large lot single family homes with newer in-fill single family and duplex residential. Development patterns nearby follow a similar pattern as what is being proposed in this neighborhood: a mix of large lot and small lot residential. 7. A goal of the Reserve Street Area Plan (1995 Update) is to support the local schools by maintaining the various neighborhoods as good areas for residential living. 8. Both the Reserve Street Area Plan (1995 Update) and the 1998 Missoula Urban Area Comprehensive Plan Update encourage construction of additional sidewalks and improved bicycle and pedestrian facilities. 9. Another goal of the Reserve Street Area Plan (1995 Update) is to “Preserve the rural character which exists in parts of the planning area.” It states “A primary way to achieve this goal is low-density zoning in those neighborhoods which currently have a rural or semi-rural character in certain designated neighborhoods, no new lots smaller than ¼ acre; or, a density limitation of four units per acre).” 13, Reserve Street Area Plan) 10. The proposal for three dwelling units on 1.31 acres yields 2.29 dwelling units per acre which complies with the four dwelling unit per acre recommended comprehensive plan land use designation. However, if Lots 2 and 3 develop with two-family dwellings then the density for this 1.31 acre parcel increases to 3.82 dwelling units per acre, which also complies with the comprehensive plan recommended four dwelling unit per acre density. Conclusions of Law: 1. The proposal is consistent with the applicable zoning for the property. 2. The proposal substantially complies with the goals and objectives of the 1998 Missoula Urban Area Comprehensive Plan Update and the Reserve Street Area Plan (1995 Update). PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. Soils on the property are classified by the USDA as “114-Urban Land”. 2. The property has no recent history of being used for agricultural purposes. ---PAGE BREAK--- 4 3. There is an irrigation ditch, approximately 3 feet wide and 3 feet deep running east to west, located just south of the property boundary of Lot 1 in the River Road right-of-way. The ditch is within the Orchard Homes Ditch Company jurisdiction. 4. There is an existing 10 foot wide Irrigation Ditch easement shown on the plat adjacent to the south property boundary of Lot 1. 5. The applicant proposes to culvert the ditch for the length of the crossing for the private access road into the subdivision. A condition of approval requires engineering plans for the ditch crossing to be reviewed and approved by City Public Works, City Fire Department and the Orchard Homes Irrigation Company. 6. MCA 76-3-504 requires easements for irrigation water delivery be provided or that owners be informed that they do not have water rights to the irrigation ditch at time of subdivision. This is required as a condition of approval. Conclusions of Law: 1. The subdivision will not contribute to the loss of potential farmland. 2. No impacts to agricultural water users are anticipated if the recommended conditions are imposed. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads Findings of Fact 1. River Road is classified as a collector street in the 2004 Transportation Plan Update. Subdivision regulations require collector streets have a minimum 36 foot wide paved surface width within a minimum 60’ right-of-way. The road is currently paved to a width of 22’ in a 60’ right-of-way. 2. The applicant is requesting a variance from the requirement to pave River Road to 36 feet adjacent to the subdivision. The subdivider proposes to pave 18 feet from centerline of the right of way along the north side of River Road and to install curb and gutter. City Engineer supports this variance request if the north half of the road section is constructed to an 18 foot width. This is required as a condition of approval. 3. The lots are accessed via River Road from a proposed on-site private road paved to a 20 foot width within a 30’ wide Private Access and Utility Easement. 4. Subdivision Regulations require private roads paved to a 24 foot surface width within a 28’ – 60’ right-of-way. A condition of approval requires the on-site private road be paved to a 24 foot surface width and engineering plans be reviewed for the irrigation ditch crossing and for the turnaround at the terminus of the on-site private road. 5. City Engineering recommended all lots be accessed from the on-site private road. A condition of approval requires a 1 foot no-access strip be placed on the plat along the southern boundary of Lot 1, east of the access easement for the private road. 6. From the point that the driveway to Lot 1 intersects with the on-site road, a shared driveway will be used to access Lots 2 & 3. The driveway is proposed to be paved to 12 feet in width plus 2-foot shoulders to both sides. The proposal for the private driveway meets City of Missoula Subdivision Regulations. 7. The developer has provided calculations for 10-year frequency and 100-year frequency one-hour storm drainage study demonstrating there will be no increase in run-off due to improvements to the property. 8. The land in the subdivision is predominately level. Grading for the new roadway, shared driveway and individual driveways and homes will be done in a manner to allow for drainage to flow away from homesites. Lots are proposed to contain less than 25% lot area disturbed by grading and added impervious surfaces. This will result in approximately 75% of undisturbed area sufficient for direct percolation through lawn and landscaped area for rainwater and snowmelt. Additionally, curb and gutter and roadside swales having proposed to have 6 cubic feet of storage per lineal foot of roadway are proposed for additional run-off storage capacity. Conclusion of Law: 1. If variance request #2 for the on-site private road is denied and the recommended conditions of approval are imposed, the proposed subdivision will meet the required road standards. ---PAGE BREAK--- 5 Pedestrian Access Findings of Fact: River Road: 1. River Road is classified as a Collector Street in the 2004 Transportation Plan Update. 2. Subdivision Regulations require installation of 6’ concrete boulevard sidewalks with 10’ landscaped boulevards on both sides of collector street with all subdivisions located within the Urban Growth Area. 3. The applicant proposes to install a 5’ wide sidewalk along the south side of River Road adjacent to property opposite the subdivision and proposes no sidewalk installation for the north section of River Road adjacent to the subdivision. Therefore, the applicant has requested to vary from the subdivision regulations. 4. OPG Transportation Division and City Engineering commented that there is adequate room between the 18 foot road surface width and the irrigation ditch to install a 5 foot wide curbside sidewalk along the northside of River Road. 5. Additional comments from City Engineering indicate that River Road is located on the Secondary Sidewalk Network System per the City of Missoula Master Sidewalk Plan and is therefore a high priority for the installation of sidewalks. 6. In response to the concern regarding the proximity of sidewalks to an irrigation ditch, City Engineering has offered options such as relocating the ditch or piping the ditch to allow for construction of sidewalks. The comments provided include successful examples of these types of techniques. 7. The Missoula City-County Health Department commented that curbs gutters and sidewalks should be installed at this time along River Road and stated that safe and convenient infrastructure for all modes of transportation is needed. 8. OPG Transportation Division and City Engineering recommend conditional approval of the variance request. A condition of approval requires a 5 foot curbside sidewalk be installed along the northside of River Road adjacent to the subdivision. 9. Subdivision Regulations require installation of 5’ concrete boulevard sidewalks with 7’ landscaped boulevards on both sides of streets within the subdivision. The applicant does not propose to install sidewalks along the on-site private road serving all three lots. 10. OPG Transportation Division recommends conditional approval of the variance request and recommends a 5 foot curbside sidewalk be installed along the eastside of the on-site private road. An additional 5 feet of right of way is required to allow for the installation of a 24 foot paved surface width, curb and gutter and 5 foot curbside sidewalk. This is required as a condition of approval. Conclusion of Law 1. If the variance requests are conditionally approved and the recommended conditions of approval are imposed, the proposed subdivision will meet the required standards for non-motorized pedestrian facilities. Water and Sewer System Findings of Fact: 1. The closest water main to the proposed subdivision is approximately 600 feet to the west of the property, at Carter Court and River Road. 2. The proposed subdivision will be served by a multi-family well to be located on Lot 3. The well is proposed to be owned and maintained by the Homeowners Association. 3. A Water User Agreement and Easement is included in the Development Covenants as Attachment A. 4. The DNRC commented that a water right permit must be granted prior to the beneficial use of water. The type of permit granted will vary based on the flow rate and volume requested for the subdivision. 5. The Missoula City-County Health Department commented that the multi-family well must be reviewed and approved by the Department of Environmental Quality. ---PAGE BREAK--- 6 6. The developer proposes to connect all lots to City sewer. 7. There is an existing City sewer main located in River Road adjacent to the proposed subdivision and within the 30 foot Private Utility and Access easement along the western perimeter of Lots 1 & 2. Conclusion of Law: 1. Water will be provided to the subdivision. 2. Sanitary sewer will be provided to this subdivision. 3. Review of water and sewer systems is under the jurisdiction of State and local health authorities under the Montana Sanitation in Subdivision Act. Solid Waste Findings of Fact: 1. Allied Waste will provide disposal service to the subdivision. Conclusion of Law: 1. Solid waste disposal is available to the subdivision. Parks and Recreation Findings of Fact: 1. This is a minor subdivision exempt from parkland dedication. 2. No parkland or cash-in-lieu is being proposed for the subdivision. 3. Missoula Parks and Recreation Department had no concerns with this development proposal. Conclusion of Law: 1. Park dedication or cash-in-lieu of parks is not required for minor subdivisions. Schools Findings of Fact 1. The subdivision will result in 5 school age children being added to the district (based on an assumption of three elementary and 2 secondary school students). 2. Children from this subdivision will attend Franklin Elementary School, C.S. Porter Middle School, and Big Sky High School. 3. Rachel Vielleux, Missoula County Superintendent of Schools had no comments on this 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. The subdivider proposes water supply for fire protection to be handled through interior residential fire sprinklers or through an on-site water system for fire protection. 3. Bob Rajala, City Fire Marshal commented that water supply for fire protection shall be provided through fire hydrants or residential sprinklers. This is required as a condition of approval. 4. Bob Rajala commented that all structures must be addressed visible from the street. This is required as a condition of approval. 5. City of Missoula Subdivision Regulations require that if no community or municipal water system with 1000 gallons per minute minimum fire flow is provide, an SID waiver statement shall be required stating that at such time a community or municipal water system is available; the property owner shall be required to participate in the SID. This is required as a condition of approval. Conclusion of Law: 1. Fire service is available to the subdivision if the required conditions are imposed. Law Enforcement Findings of Fact: 1. The subdivision is located within the jurisdiction of the Missoula City Police Department. ---PAGE BREAK--- 7 2. Missoula City Police Department commented that the potential for undue concentration of population is not a concern with this proposal. 3. Missoula City Police Department submitted “A Crime Prevention Through Environmental Design Analysis” to the developer for consideration of building and landscape designs. 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. Small birds and mammals common to the area can be found on the site. 2. Fish Wildlife and Parks commented that a provision relating to compost piles should be added to the Living with Wildlife section in the proposed Development Covenants. This is required as a condition of approval. Conclusion of Law: 1. No significant impacts to the natural environment, wildlife, or wildlife habitat are anticipated for this subdivision if the recommended condition of approval is imposed. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: 1. The City of Missoula Fire Department serves the property. The Missoula City Police Department provides law enforcement services. 2. Missoula City sewer will serve the lots. The proposed subdivision will be served by a multi-family well on proposed Lot 3. 3. The Missoula City-County Health Department states that the subdivision is located within the Air Stagnation Zone. 4. The plat shows an approximate floodplain boundary per FEMA FIRM Panel 1195 and a floodplain boundary per FEMA approved LOMA 05-08-0585A. A condition of approval requires the LOMA boundaries to be hatched on the final plat. 5. Todd Kleitz, Floodplain Administrator commented that the lowest floor elevation including basements, mechanical equipment and ductwork shall be a minimum of 2 feet above base flood elevation. Mr. Kleitz also commented that pre and post construction elevation certificates will be required. This is required as a condition of approval. Conclusion of Law: 1. Emergency services, water, and sanitation are available to the subdivision. 2. Adverse effects on public health and safety as a result of this subdivision may be mitigated if the recommended conditions of approval are adopted. 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. ---PAGE BREAK--- 8 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. 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. 2. 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. D) PROVISION OF EASEMENTS FOR UTILITIES: Findings of Fact: 1. Public utility easements are located within the River Road right-of-way and within the 30 foot private access and utility easement along the western boundary of Lots 1 & 2. 2. A natural gas transmission line is located across the northern part of Lot 3, however no easement width is designated on the plat. 3. City of Missoula Subdivision Regulations require 20 foot easements be provided for utilities. This is required as a condition of approval. 4. A single-use overhead power line extends form a pole north of the property to the shop located to the west of the site. The applicant proposes to remove this line. This is a required condition of approval. 5. All new utilities will be placed underground. Conclusions of Law: 1. The provision of easements for utilities will be met by this subdivision if the conditions of approval are imposed. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access will be provided to the subdivision via the private roadway accessed off of River Road and the driveway extending from this roadway to serve Lot 3. Conclusion of Law: 1. The proposal meets physical and legal access requirements.