Full Text
MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 http://www.co.missoula.mt.us/opgweb/ MISSOULA COUNTY June 27, 2008 Ron Ewart Land Planning Research P.O. Box 17561 Missoula, MT 59808 Re: River Place Subdivision City Council Action Dear Ron: At its regularly scheduled meeting of June 16, 2008, the Missoula City Council voted 7 – 5 to approve the River Place Subdivision, subject to 23 conditions of approval as shown in the attachment. The subdivision approval is subject to the conditions listed in the attached document entitled “River Place 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, including the report containing the Findings of Fact and Conclusions of Law. As part of the subdivision approval, the City Council took action on the following variances: 1. THAT the request to vary from Section 3-2(3)(2) requiring 5-foot wide boulevard sidewalk on both sides of River Place be conditionally approved to require 5-foot wide boulevard sidewalk and 7-foot wide landscaped boulevard on both sides of River Place only where adjacent to lots within this subdivision. 2. THAT the request to vary from Section 3-6 requiring a minimum 20’ wide irrigation ditch easement be approved to allow the ditch easements in widths as shown on the proposed preliminary plat. 3. THAT the request to vary from Section 3-2(15)(A) requiring 6-foot wide boulevard sidewalk and 10-foot wide landscaped boulevard on River Road be conditionally approved to require 5-foot wide boulevard sidewalk and 10-foot wide landscaped boulevard except where sidewalk may conflict with existing healthy, mature trees, in which case Public Works may approve a minimum 7-foot wide landscaped boulevard on River Road adjacent to this subdivision. ---PAGE BREAK--- 4. THAT the request to vary from Section 3-2(3) requiring River Road to be paved to a 36-foot width be conditionally approved to require the River Road to be paved to 18’ north of the centerline, as proposed. 5. THAT a variance request from Sections 3-2(3) and 3-2(15) be approved to require a twenty-eight foot (28’) wide paved road within a forty-five foot (45’) wide public right-of-way to create an east-west road replacing the proposed alley, and that this new road be constructed with curb and gutter on both sides of the road, five foot curbside sidewalk on the south side of this road, and five foot wide boulevard sidewalk and seven foot wide landscaped boulevard on the north side of this road. 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 Phase One final plat for approval is June 16, 2010; the deadline to submit the Phase Two final plat for approval is June 16, 2014. You must submit the final plats by these dates or request an extension to the effective period of plat approval. If you have any questions, please feel free to contact me at 258-4722 or email me at [EMAIL REDACTED]. Sincerely, Jennie Dixon, AICP, Planner III Office of Planning and Grants Cc: Mary McCrea, Senior Planner, OPG ---PAGE BREAK--- RIVER PLACE SUBDIVISION Conditions of Subdivision Approval Adopted by City Council June 16, 2008 Roads and Access 1. All garage faces shall be setback at least twenty feet back from the back of sidewalk or, where none exists, from the edge of the road pavement, subject to review and approval by OPG prior to zoning compliance or building permit issuance. Subdivision Regulations 3- 1(1)(F) 2. The subdivider shall install “No Parking” signs in locations approved by Public Works, as part of the approved signage plan, prior to final plat approval of Phase One. Subdivision Regulations 3.1(1)(f) and 3. A street signage plan in conformance with the Manual on Uniform Traffic Control Devices, including, but not limited to, provisions for temporary signage during construction, permanent signage, and cost of installation to be responsibility of the subdivider, shall be reviewed and approved by Public Works prior to final plat approval of Phase One. The developer must install the temporary signs prior to construction and permanent signs with the filing of the plat of the applicable phase. Subdivision Regulations 3-1(1)(F) and 3-2(2)(F) 4. A plan for street light installation at the intersection of River Road and River Place shall be reviewed and approved by City Engineering prior to final plat approval of Phase One. Subdivision Regulations 3-2(2)(E) Pedestrian Facilities 5. The subdivider shall install 5’ wide boulevard sidewalk and 10’ wide landscaped boulevard along the north side of River Road, except where sidewalk may conflict with existing healthy, mature trees, in which case Public Works may approve a minimum 7-foot wide landscaped boulevard with meandering sidewalks on River Road adjacent to this subdivision and a minimum three foot wide sidewalk maintenance easement, subject to review and approval by Public Works prior to final plat approval of Phase One. Subdivision Regulations 3-2(8) 6. The subdivider shall install 5’ wide boulevard sidewalk and 7’ wide landscaped boulevard along both sides of River Place adjacent to all lots within this subdivision, subject to review and approval by Public Works prior to final plat approval of the applicable phase. Subdivision Regulations 3-2(8) 7. The public pedestrian access easement proposed between Lots 1 and 6 may be relocated to access from the east / west access road to the northern property boundary in a location approved by City Parks and Recreation. If approved to be located on the eastern or western boundary of the property, the easement width may be reduced to ten feet (10’) wide. This easement shall be identified as Public Non-Motorized Access Easement in a manner approved by OPG, Parks and Recreation and the Bicycle-Pedestrian Coordinator, and a map of this easement which identifies it as a Public Non-Motorized Access Easement shall be included in the covenants which cannot be amended or deleted without governing body approval, subject to review and approval by Parks and Recreation and OPG prior to final plat approval of Phase Two. Ground signage shall not be required until a connection to the north is created and available for public use. Subdivision Regulations 3-8 ---PAGE BREAK--- 8. The subdivider shall install sidewalk bulbouts within this subdivision, to be reviewed and approved by Public Works prior to final plat approval of Phase One. Subdivision Regulations 3-2 9. Prior to final plat approval of Phase One, the covenants shall be amended to include the following: “Fencing along the public pedestrian access easement connecting from the east / west access road to the northern property boundary shall not exceed 4’ in height, and this provision within the covenants may not be changed or deleted without prior governing body approval.” Subdivision Regulations 3-1(5) Easements 10. The plat shall be revised to show utility easements on both sides of River Place, widths and locations subject to review and approval by Northwestern Energy prior to final plat approval of Phase One. Subdivision Regulations 3-6 11. The plat shall be revised to show two foot wide sidewalk maintenance easements on both sides of the River Place right-of-way and along the River Road right-of-way, subject to review and approval by Public Works prior to final plat approval of Phase One. Subdivision Regulations 3-2 Fire 12. Plans for addressing buildings so that address signs are clearly visible from the street in all lighting conditions shall be reviewed and approved by the Fire Department prior to building permit approval and shall be included in the covenants which may not be changed or deleted without governing body approval prior to final plat approval of Phase One. Subdivision Regulations 3-1(1)(B) and 3-2(2)(G) 13. 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 3- 3-7 14. Preliminary driveway plans, including turnarounds / emergency vehicle turnouts for fire apparatus in all weather conditions and driveway widths and grades, shall be reviewed and approved by the City Fire Department prior to final plat approval each applicable phase. To ensure compliance with the approved preliminary driveway plan, the City Fire Department shall review and approve final driveway plans prior to building permit approval. Subdivision Regulations 3-7 Floodplain 15. The Floodplain Administrator shall certify that the on-site access road within this subdivision—River Place—is constructed above the 100-year floodplain elevation. Language shall be included in the Covenants prior to final plat approval of Phase One, which cannot be amended or deleted without governing body approval, and a note shall be placed on the final plat of both phases 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.” Subdivision Regulations 3-1(1)(B) ---PAGE BREAK--- Weeds 16. The subdivider shall prepare a Revegetation Plan for disturbed areas in the subdivision requiring landowners to revegetate with beneficial species any areas of ground disturbance created by construction on or maintenance of these lots at the first appropriate opportunity after disturbance occurs. The approved Revegetation Plan shall be incorporated into the covenants, subject to review and approval by the Missoula County Weed District prior to final plat approval of Phase One and may not be changed or deleted without governing body approval. The covenants shall be revised to note that the grass species included in the Revegetation Plan are not turf species but for reclamation purposes and are not suitable for maintained turf or lawn use. Subdivision Regulations 3-1(1)(B) Phasing Plan 17. The Phasing Plan shall be revised to indicate the type and extent of public improvements including meeting the parkland dedication with cash-in-lieu of parkland, that will occur with each phase, subject to review and approval by OPG, Parks and Recreation and Public Works prior to final plat approval of Phase One. Subdivision Regulations 5-1(14) Riparian Resource Management Plan 18. Section 24 of the Covenants (Area of Riparian Resource Management Plan), Appendix A to the Riparian Management Plan attached to the covenants, and the plat shall be revised generally as recommended by the Parks and Recreation Department in their comment letter dated January 28, 2008, including the designation of a ten foot (10’) wide buffer for the western fifty feet and a fifteen foot (15’) wide buffer for the remaining area south of the fence as an "Area of Riparian Resource/No Build/No Disturbance Zone", including the prohibition of any portion of the garage on proposed Lot 1 within the buffer, subject to review and approval by OPG and the Parks and Recreation Department prior to final plat approval of Phase Two. Subdivision Regulations 3-13, 3-1 Covenants 19. The covenants shall be amended to include the SID / RSID waiver statement shown on the plat, which may not be changed or deleted without governing body approval, subject to review and approval by OPG prior to final plat approval of Phase One. Subdivision Regulations 5- 1(4)(J) 20. The covenants shall be amended to state that the lot owners are responsible for maintaining all trail easement areas until the City is able to construct and maintain a trail within the public pedestrian non-motorized access easement (PPE) which may not be changed or deleted without governing body approval, subject to review and approval by OPG prior to final plat approval of Phase One. Subdivision Regulations 5-1(4)(J) (OPG Staff Recommendation to correct typographic error in original condition wording.) 21. The Amendment Section (II.2.) of the covenants shall be amended to include 2. Revegetation of Disturbed Sites, 8. Irrigation Ditches, 9. Parking, and 20. Energy Efficiency (in addition to the SID / RSID, Floodplain, and the Public Non-Motorized Access Easements between Lots 1 & 6 and the four foot fence height allowance required by separate conditions of ---PAGE BREAK--- approval) as sections that may not be changed without prior written consent of the governing body, subject to review and approval by OPG prior to final plat approval of Phase One. Subdivision Regulations 5-1(4)(J) Subdivision Redesign 22. The plat shall be revised to show the proposed alley running east-west off of the River Place hammerhead as a city street to be installed by the subdivider prior to final plat approval of Phase Two, subject to review and approval by Public Works prior to final plat of Phase One. The road shall be constructed to a minimum twenty-eight foot (28’) wide paved width within a minimum forty-five foot (45’) wide public right-of-way, and shall include curb and gutter on both sides of this road, five foot wide curbside sidewalk on the south side of this road and five foot wide boulevard sidewalk and seven foot wide landscaped boulevard on the north side of this road. Sidewalk maintenance easements shall be provided along this road, subject to review and approval by City Public Works. Parking shall be prohibited on one side of this road, and the subdivider shall post “No Outlet / Dead End” signs until such time as the road makes a connection to the east and/or west. The hammerhead turnaround shall be eliminated if approved by City Public Works and City Fire Department. 23. The plat may be revised to accommodate required conditions of subdivision approval, including an option to reorient up to six of the sixteen lots along the northern property boundary to front onto the recommended east-west access road which replaces the proposed alley. The recommended east-west access road which replaces the proposed alley may be shifted southward from its current location to a location on the northern one-third of the property. A plan for these minor adjustments to the subdivision design resulting from the subdivision conditions of approval shall be reviewed and approved by OPG, Public Works, City Fire Department and Parks and Recreation prior to final plat approval of Phase One.