Full Text
MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY Mike & Carol Larson P.O. Box 1750 Missoula, MT 59806 July 17, 2008 RE: Larson Addition Subdivision City Council Action Dear Mike & Carol, At its regularly scheduled meeting of June 16, 2008, the Missoula City Council voted 5) to approve Larson Addition Subdivision for a two-year approval period. The approval is subject to the conditions listed in the attached document entitled “Larson Addition Subdivision - Conditions of Subdivision Approval”. The reasons for the decision to approve the subdivision, including the imposition of any condition of approval, may also be found in the public record, including the report containing the 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)(B) of the Missoula City Subdivision Regulations requiring 6’ sidewalks with 10’ boulevards along International Drive adjacent to the subdivision be approved based on the findings of fact set forth in the staff report and subject to the conditions of approval as amended. 2. THAT the variance request from Article 3-2(15)(B) of the Missoula City Subdivision Regulations requiring 6’ sidewalks with 10’ boulevards along Patterson Road adjacent to the subdivision be approved based on the findings of fact set forth in the staff report and subject to the condition of approval as amended. 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 16, 2010. You must submit the final plat by this date. If you have any questions, please feel free to contact me at 258-4935 or email me at [EMAIL REDACTED]. ---PAGE BREAK--- 2 Sincerely, Vlad Kryukov Vlad Kryukov, Planner I Office of Planning and Grants CC: Dale McCormick, PCI Inc. Mary McCrea, Senior Planner, OPG Lettie Hunnakko, Planner, OPG Casey Wilson, Graphics, OPG Steve King, City Public Works Director Kevin Slovarp, City Engineer ---PAGE BREAK--- 3 LARSON ADDITION SUBDIVISION CONDITIONS OF SUBDIVISION APPROVAL JUNE 16, 2008 Roads and Sidewalks 1. Plans for street-tree plantings for any areas with boulevard sidewalks southeast of Grant Creek adjacent to the subdivision 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. 2. Plans for 6’ wide curbside sidewalks along Patterson Road and International Drive adjacent to the subdivision and northwest of the International Drive bridge over Grant Creek shall be reviewed and approved by City Engineering prior to final plat approval. An additional 1’ of public sidewalk easement, subject to all applicable municipal codes, shall be dedicated along the frontage of both streets to accommodate the boulevard sidewalks, with plans for dedication to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(15), City Engineering and OPG recommendation. 3. Plans for a 20’ Public Non-motorized Access Easement that coincides with the riparian buffer shall be reviewed and approved by City Parks are Recreation and City Engineering prior to final plat approval. Subdivision Regulations Article 3- 2(15)(E) and OPG recommendation. 4. Final plans for grading, drainage and erosion control shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations 3- 4 and City Engineering recommendation. Utilities 5. Plans for connection to sewer and water shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-1(1) and City Engineering recommendation. 6. The following language shall appear on the face of the plat prior to final plat approval: “The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water, or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under and across each area designated on this plat as “Utility Easement” to have and to hold forever.” Subdivision Regulations Article 5-5(4)(J and OPG Recommendation. Fire 7. 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. Weeds 8. The subdivider shall submit a revegetation plan for disturbed areas of the subdivision, subject to review and approval by the Missoula County Weed District, prior to final plat approval. Subdivision Regulations 3-1(1)(f) and Missoula Weed District Recommendation. ---PAGE BREAK--- 4 Riparian Area 9. The developer shall incorporate a Riparian Resource Management Plan into the covenants for review and approval by OPG prior to final plat approval. A Riparian Resource Management Plan map of the Riparian Resource Area plus a minimum 40’ wide Riparian Resource Buffer shall be attached to the Riparian Resource Management Plan. The final plat shall show the Riparian Resource Area and the Riparian Buffer Area subject to review and approval of OPG. The riparian areas plus the buffer shall be labeled on the final plat as “Riparian Resource Area/No Build/No Alteration Zone-see covenants for more information” and “Riparian Buffer Area/No Build/No Alteration Zone-see covenants for more information”. Subdivision Regulations Article 3-13, FWP and OPG recommendation. Airport Influence Area 10. An avigation easement shall be recorded for this subdivision in compliance with the Airport Influence Area Resolution and subject to review and approval by the Missoula County Airport Authority prior to final plat approval. Subdivision Regulations Articles 3-1(2) and Missoula County Airport Authority recommendation. 11. A statement shall appear on the face of the plat and in the Development Covenants for the subdivision, notifying owners that the subdivision is located within the Airport Influence Area and informing the owners of the requirements of the Airport Influence Area and the associated noise levels and soundproofing measures to reduce noise levels. The language of the statement shall be subject to review and approval by the Airport Authority prior to final plat approval. This section of the covenants may not be changed or deleted without governing body approval. Subdivision Regulations Article 3-1(2) and Missoula County Airport Authority recommendation. Storm Water and Floodplain 12. The developer shall submit a Storm Water Pollution Prevention Plan for construction prior to building permit approval. Subdivision Regulations Article 3- 4(2)(D) and City Engineering recommendation. 13. Pre-construction elevation certificates shall be required at the time of Building Permit submittal documenting commercial floodproofing or that lowest floors are 2' above the Base Flood Elevation as determined by the Montana DNRC, with post- construction elevation certificates submitted prior to Certificate of Occupancy. This information shall be contained on the plat and in the subdivision covenants, to be reviewed and approved by OPG prior to final plat approval. Subdivision Regulations Article 3-1(2) and OPG recommendation. 14. A reference to FEMA floodplain panel #1195D dated 8/16/88 shall be placed on the final plat, to be reviewed and approved by the Floodplain Administrator prior to final plat approval. Subdivision Regulations Article 3-1(2) and OPG recommendation. Development Covenants 15. The applicant shall file Development Covenants for the Larson Addition Subdivision to include the following items, prior to final plat approval, and these sections of the Development Covenants shall not be amended, deleted, modified or added to without consent of the governing body: a. APPLICABILITY SECTION: Include an applicability section that states these Development Covenants apply to Lot 1-4 of Larson Addition and that the Covenants run with the land. b. 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 ---PAGE BREAK--- 5 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). c. 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. d. 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 after the disturbance occurs. Subdivision Regulations Article 3-1(1)(F) and County Weed District recommendation. e. WOOD BURNING STOVES: Missoula City-County Air Pollution Control Program regulations prohibit the installation of wood burning stoves or fireplaces. Pellet stoves require an installation permit from the Health Department. Health Department and OPG recommendation. f. RIPARIAN RESOURCE AREA/NO BUILD/NO ALTERATION ZONE - The “Riparian Resource Area/No Build/No Alteration Zone” is the area of riparian vegetation running along the Grant Creek, as indicated on the plat and on the Riparian Resource Management Plan Map. The “Riparian Resource Area/No Build/No Alteration Zone” shall include the prohibition of all buildings, structures, fences (except for a silt fence during construction), utilities, parking, roads, motorized vehicle access (except for routine maintenance activities), storage, containment of domestic animals, or any other development. It shall also prohibit any mining, cutting, burning, or removal of live or dead vegetation (except as needed for wildfire prevention, noxious weed control or conservation management), modification of the stream bank or streambed, filling with substances such as gravel, soil, slash or other debris, the use of pesticides, herbicides, or fertilizers, or the planting of non native vegetation such as lawn grasses. The required boulevard sidewalk is permitted within the Riparian Resource Area/No Build/No Alteration Zone.” Subdivision Regulations Article 3-13(3) g. RIPARIAN BUFFER AREA/NO BUILD/NO ALTERATION ZONE - The “Riparian Buffer Area/No Build/No Alteration Zone” is a strip of land 40’ wide extending landward from the edge of the Riparian Resource Area. The “Riparian Buffer Area/No Build/No Alteration Zone” shall include the prohibition of all buildings, structures, fences (except for a silt fence during construction), utilities, parking, roads, motorized vehicle access (except for routine maintenance activities), storage, containment of domestic animals, or any other development. A non-motorized pathway and equipment required for its construction and ongoing maintenance are permitted within the 40’ wide Riparian Buffer Area/No Build/No Alteration Zone, in addition to required boulevard sidewalk along International Drive. A driveway for Lot 3 is permitted within the Riparian Buffer Area/No Build/No Alteration Zone for a total distance of 100’ measured perpendicular from the International Drive right-of-way as shown on the plat. The “Riparian Buffer Area/No Build/No ---PAGE BREAK--- 6 Alteration Zone” shall also include the prohibition of any mining, cutting, burning, or removal of live vegetation (except as needed for wildfire prevention, noxious weed control or conservation management), filling with substances such as gravel, soil, slash or other debris, the use of pesticides, herbicides, or fertilizers, or the planting of non native vegetation such as lawn grasses.” Subdivision Regulations Article 3-13(2-3) h. AMENDMENTS: The following sections of these Covenants may not be deleted or amended without Governing Body approval: Driveways, Radon, Weed Control, Wood Burning Stoves, Riparian Area, Riparian Buffer, Elevation Certificates and Airport Influence Area. 16. Plans for a sidewalk within public right-of-way adjacent to the subdivision and southeast of Grant Creek shall be reviewed and approved by City Engineering prior to final plat approval. The sidewalk configuration (curbside or boulevard) for this section may be negotiated between the developer and City Engineering. PAZ recommendation. ---PAGE BREAK--- 7 LARSON ADDITION SUBDIVISION FINDINGS OF FACT & CONCLUSIONS OF LAW JUNE 16, 2008 ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: a) Zoning Compliance 1. The 3.10 acre parcel is currently zoned I-I Light Industrial and Riparian Resource Zoning District. 2. The Riparian Resource Zoning District is located along the eastern edge of the property which follows the Grant Creek drainage 3. The I-I Light Industrial district permits all industrial uses and all uses permitted in the C- I, C, and C-II districts, except residences, nursing homes, colleges, churches, hospitals, libraries, or schools. b) Comprehensive Plan Compliance 1. The comprehensive plan’s land use recommendation for this parcel is primarily light commercial with open and resource for the Grant Creek riparian area per the 2005 Wye-Mullan West Comprehensive Plan Update as an amendment of the 2005 Missoula County Growth Policy Update. 2. Conditions of approval require a Riparian Resource Management Plan for the area of riparian resource along Grant Creek designated as Open Resource in the Comprehensive Plan. Conclusions 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. A portion of the property was previously disturbed as part of a larger gravel pit and 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. Conclusions of Law: 1. There will be an incremental loss of land identified by soil type as farmland of local importance as a result of this subdivision. 2. No impact to agricultural water user facilities is anticipated. CRITERION 2: EFFECTS ON LOCAL SERVICES Findings of Fact Roadways 1. The subdivision is located west of Reserve Street and south of Expressway. 2. Adjacent offsite roads to this subdivision include Patterson Road and International Drive. These are 45’ wide paved commercial roadways (back-of-curb to back-of- curb) within 60’ public rights-of-way. City Subdivision Regulations Article 3-2(3) requires a 36’-44’ width for commercial/industrial roads. ---PAGE BREAK--- 8 3. Subdivision Regulations Article 3-2(7) requires the plat to include an RSID/SID waiver statement for improvements to Patterson Road and International Drive. This statement is on the plat. General 4. City Engineering comments that the drainage report for the subdivision should incorporate City instead of County requirements. The drainage report includes values calculated according City Subdivision Regulations standards. One existing drainage sump is shown near the intersection of Patterson Road and International Drive. Additional drainage sumps are planned for individual subdivision lots. 5. Though a specific number of sumps are noted in the drainage plan, the uses and amount of impermeable surface will not be apparent onsite until building permits are submitted for each lot along with required parking. A condition of approval requires review and approval of final plans for grading, drainage and erosion control prior to final plat approval. 6. A Storm Water Pollution Prevention Plan will be required for the subdivision prior to final plat approval, which has been included in a condition. 7. The property is within the current Missoula Urban Transportation District (MUTD) boundary, and is served by Route 11. Stephanie Millar of Mountain Line comments that because the subdivision is within the MUTD boundary, no action is required by the District. 8. City Subdivision Regulations Article 3-2(15)(B) requires shade trees to be planted on 30’ centers within boulevard areas. A condition of approval requires City Parks and Recreation to review and approve plans for street tree plantings along the subdivision frontage. Conclusion of Law: 1. The proposed subdivision complies with Commercial/Industrial street-width requirements in City Subdivision Regulations Article 3-2(3). 2. The proposed subdivision complies with grading, drainage and erosion control requirements in City Subdivision Regulations Article 3-4 with imposition of the required conditions of approval. 3. Street tree planting requirements in City Subdivision Regulations Article 3-2(15)(B) will be met with imposition of the required condition of approval. Pedestrian Facilities Findings of Fact: 1. The two commercial/industrial roadways adjacent to the subdivision require 6’ concrete sidewalks with 10’ boulevards to be constructed along the subdivision frontage of the streets per City Subdivision Regulations Article 3-2(15)(B). The applicant is proposing 5’ curbside sidewalks, and therefore requests a variance from the standard for each roadway. 2. City Engineering supports the variance request due to an established curbside- sidewalk pattern in the area (in locations where sidewalk has been constructed). Sidewalk is lacking along several street frontages. 3. Urban Forestry, a division of City Parks and Recreation, recommends 7’ wide boulevards as a minimum to support the growth of street trees, but encourages a greater width to support the long-term growth of trees. 4. Staff does not support the variance due to lack of a hardship. However, the Missoula City Council voted to approve the variance request, and required 6’ ---PAGE BREAK--- 9 curbside sidewalks along International Drive northwest of Grant Creek and Patterson Road adjacent to the subdivision. 5. Boulevard sidewalks along the street frontages would require increased right-of-way or public sidewalk easement dedication. The typical street section shows six feet of right-of-way beyond the back of the curb assuming a 5’ wide sidewalk. An additional 1’ of sidewalk easement was approved on the back side of the required 6’ wide curbside sidewalk for maintenance. This extra area has been required to be in sidewalk maintenance easement as detailed in a condition of approval. 6. Additionally, the Missoula City Council required that plans for a sidewalk within public right-of-way adjacent to the subdivision and southeast of Grant Creek be reviewed and approved by City Engineering prior to final plat approval. The sidewalk configuration (curbside or boulevard) for this section may be negotiated between the developer and City Engineering. 7. City Engineering recommends a non-motorized access easement on the Grant Creek drainage easement, and that a trail be constructed as part of the subdivision improvements. David Shaw of City Parks and Recreation notes that an easement secured along Grant Creek with this subdivision would have the potential for connecting to a larger trail network. The trail would not need to be built by the subdivider at this time. 8. A two-track currently connects Expressway with International Drive across this and an adjacent property. This appears to have been used at the time when this and the surrounding property were part of a larger lot. The two-track connects the two roadways in question as well as their non-motorized facilities. 9. City Subdivision Regulations Article 3-2(15)(E) requires non-motorized transportation facilities to be continuous and provide access to adjoining developments. This regulation also encourages circulation linkage to non-motorized transport facilities which are existing or are reasonably anticipated. 10. A condition of approval requires a Public 20’ Non-Motorized Access Easement within the riparian buffer along Grant Creek. No trail is required to be built per the condition, which facilitates the potential installation of a trail as part of a larger network south of Interstate 90 and west of Reserve Street. Conclusion of Law: 1. The proposal is in compliance with Subdivision Regulations Article 3-2(15)(B) with the approved variances and the sidewalk conditions as imposed by City Council. 2. The proposal is in compliance with Subdivision Regulations Article 3-2(15)(E) if the Public Non-motorized Access Easement condition is imposed. Water & Sewer Systems Findings of Fact: 1. The proposed subdivision will be served by Mountain Water. 2. The subdivider proposes to connect all lots to City sewer. A condition of approval requires review and approval of plans for connection to water and sewer prior to final plat approval. Conclusions of Law: 1. Review of water and sewer systems is under the jurisdiction of state and local health authorities under the Montana Sanitation in Subdivision Act. ---PAGE BREAK--- 10 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. Park land dedication is not required for this minor 4-lot subdivision. Conclusion of Law: 1. The proposed subdivision meets the required standards for parkland dedication. Schools Findings of Fact 1. The subdivision should not result in additional children to the school district since this is an industrial/commercial subdivision. Conclusion of Law: 1. No adverse impacts on schools requiring mitigation have been identified. Fire Department Findings of Fact: 1. The subdivision is located within the jurisdiction of the Missoula City Fire Department. 2. City Subdivision Regulations Article 3-7 establishes options for fire protection purposes, including fire hydrants. The subdivider is proposing fire hydrants connected to Mountain Water. 3. A condition of approval requires plans for hydrant locations and an address signage plan be reviewed and approved by the City Fire Department prior to final plat approval. 4. Lot layouts could allow for dead-end driveways exceeding 150’ in length, which must have approved turnarounds for fire apparatus. A condition of approval requires this language to be included in covenants. Conclusion of Law: 1. Fire service is available to the subdivision if the recommended conditions are adopted. Law Enforcement Findings of Fact: 1. The subdivision is located within the jurisdiction of the Missoula Police Department. 2. The Missoula Police Department will serve the subdivision. Conclusions 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. The property is bounded on the north by the existing UPS Shipping facility and on the east by the run of Grant Creek. 2. The property slopes gently to the east towards Grant Creek and then drops off into the creek bottom. The site includes an area of riparian vegetation which consists of a narrow strip running along the very edge of the creek and includes a mixture of mature Quaking aspen, immature black cottonwoods, and Ponderosa pine. ---PAGE BREAK--- 11 3. The subdivider has designated a strip of land along the Grant Creek containing riparian vegetation as a “Riparian Resource Area/No Build/No Alteration Zone” along with an additional 25’ “Riparian Buffer Area/No Build/No Alteration Zone” on the plat. 4. The defined riparian area provides cover, habitat, water and food sources for whitetail deer and other small mammals including chipmunks, skunks, raccoon, squirrels, and field mice. 5. Jackie Corday of the Parks and Recreation Department commented that the 25’ wide Riparian Resource Area/No Build/ No Alteration Zone and a 25’ wide Riparian Buffer Area/No Build/No Alteration Zone is sufficient to protect a fairly narrow band of riparian vegetation along Grant Creek within the proposed subdivision. 6. Montana Fish, Wildlife and Parks (FWP) commented that a 50’ no build/no alteration zone beyond the high-water mark (bank-full elevation) should be implemented considering the size of Grant Creek within its urban context. Montana FWP notes that despite being an intermittent reach of the stream, Grant Creek adjacent to the subdivision supports Federally Threatened bull trout as well as westslope cutthroat trout, a Montana Species of Special Concern. 7. The Staybridge and Marriot hotels are located in the vicinity of the subdivision, and were required to establish minimum 40’ riparian buffers as part of zoning compliance review because of their adjacency to Grant Creek. Establishing a similar riparian buffer on this site as a requirement of City Subdivision Regulations Article 3-13(2)(A) would require a 15’ expansion of the 25’ buffer that has been proposed. 8. Missoula City Subdivision Regulations Article 3-1(9) requires the subdivision to mitigate to established levels, adverse environmental impacts, including but not limited to the degradation of air and water quality and wildlife habitat. Established levels may be found within these regulations, in State and local regulations or at the discretion of the governing body based on the findings of fact. 9. A condition of approval requires the developer to incorporate the Riparian Resource Management Plan and map as part of the Development Covenants. The condition requires a 15’ expansion of the riparian buffer in order to provide consistency with other developments adjacent to the same reach of Grant Creek, and provide protection for established riparian vegetation and the confirmed fisheries values of the creek. 10. A separate condition of approval requires both the Riparian Buffer and Riparian Resource areas to be No Build/No Alteration Zones with specific allowed and prohibited uses as outlined in the covenants. Allowed uses include any future trail built within the required 20’ wide Public Non-Motorized Access Easement, the required boulevard sidewalk along International Drive and any Lot 3 driveway for a distance of 100’ perpendicular from International Drive as measured from the edge of the right-of- way. 11. Bill Otten of the Missoula County Weed District commented that the subdivision as proposed requires a revegetation plan for the disturbed areas of the subdivision. This is required as a condition of subdivision approval. 12. 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. Conclusion of Law: 1. The subdivision is in compliance with Area of Riparian Resource standards in City Subdivision Regulations Article 3-13 with the conditions of approval as imposed. ---PAGE BREAK--- 12 2. Adverse impacts to the natural environment and wildlife habitat will be mitigated per the requirements of City Subdivision Regulations Article 3-1(9) if the condition requiring Riparian Buffer Area expansion 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 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. A condition of approval requires this to be included in Development Covenants. 4. The City-County Health Department recommends language regarding wood stoves be added to the Development Covenants. This is required as a condition of approval. 5. Grant Creek adjacent to the subdivision is within a FEMA-designated Zone A floodplain. DNRC has undertaken a flood study for the reach of Grant Creek south of Interstate 90 that will determine the 100-year flood elevation for the creek. 6. Todd Klietz, Missoula County Floodplain Administrator, comments that elevation certificates will be required to document that base-floor elevations of commercial buildings will be either 2’ above the DNRC-determined base flood elevation, or that buildings will be flood-proofed to the 100-year flood elevation. This is required in a condition of approval. 7. Todd Klietz, Missoula County Floodplain Administrator, comments that the FEMA floodplain on this property coincides with the 25’ Riparian Resource Area designated on the plat, and should be delineated as such. This is required in a condition of approval. Conclusions of Law: 1. Emergency services, water, and sanitation are available to the subdivision. 2. The subdivision is in compliance with City Subdivision Regulations Article 3-1(2) for a flood study requirement with completion of the DNRC Grant Creek study. 3. The subdivision is in compliance with City Subdivision Regulations Article 3-1(2) for 100-year flood mitigation with the elevation certificate condition as imposed. 4. Adverse effects on public health and safety as a result of this subdivision may be mitigated if the recommended conditions 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--- 13 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. Letters were mailed to adjacent property owners on May 2, 2008. A poster was placed on the property on May 8, 2008. 3. The Missoula City Council held a public consideration on the subdivision on June 11, 2008 and made the decision on the subdivision on June 16, 2008. The 35-day deadline was June 16, 2008. 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. Public utility easements are located within the International Drive and Patterson Road right-of-ways and the private utility easements. The proposed subdivision will be served by Northwestern Energy for gas and electric; Qwest for telephones, and Allied Waste Services for solid waste collection and disposal. 2. Subdivision regulations require utility statements to be on the face of the plat. This is required as a condition of approval. Conclusions of Law: 1. The provision of easements for utilities will be met 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 each lot within the subdivision via International Drive and Patterson Road. Conclusion of Law: 1. The proposal meets physical and legal access requirements. ---PAGE BREAK--- 14 V. VARIANCE REQUESTS 1. The applicant requests a variance from Article 3-2(15)(B) to allow for a 5’ wide curbside sidewalk adjacent to International Drive. RECOMMENDATION: The Office of Planning and Grants recommends denial of the variance request. FINDINGS: A. The granting of this variance does not result in a threat to the public safety, health, or welfare, and is not injurious to other persons or property. The Missoula City Council determined that approval of the variance was not a public safety threat. B. The conditions upon which the request for variance are based are unique to the property for which the variance is sought and are not applicable generally to other property. According to the Missoula City Council there are conditions unique to this property that would be the basis for granting a variance. C. Because of the physical surroundings, particular shape, or topographical conditions of the specified property involved, a hardship to the owner will result if the strict letter of these Regulations are enforced. According to the Missoula City Council some of these elements will create a hardship. D. The variance will not in any manner violate the provisions of the Missoula City Zoning Ordinance, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. According to the Missoula City Council granting the variance will not violate the intent of the aforementioned documents. E. The variance will not cause an increase in public costs. It is not known whether granting the variance would cause an increase in public costs. 2. The applicant requests a variance from Article 3-2(15)(B) to allow for a 5’ wide curbside sidewalk adjacent to Patterson Road. RECOMMENDATION: The Office of Planning and Grants recommends denial of the variance request. FINDINGS: A. The granting of this variance does not result in a threat to the public safety, health, or welfare, and is not injurious to other persons or property. The Missoula City Council determined that approval of the variance was not a public safety threat. B. The conditions upon which the request for variance are based are unique to the property for which the variance is sought and are not applicable generally to other property. ---PAGE BREAK--- 15 According to the Missoula City Council there are conditions unique to this property that would be the basis for granting a variance. C. Because of the physical surroundings, particular shape, or topographical conditions of the specified property involved, a hardship to the owner will result if the strict letter of these Regulations are enforced. According to the Missoula City Council some of these elements will create a hardship. D. The variance will not in any manner violate the provisions of the Missoula City Zoning Ordinance, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. According to the Missoula City Council granting the variance will not violate the intent of the aforementioned documents. E. The variance will not cause an increase in public costs. It is not known whether granting the variance would cause an increase in public costs.