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ATTACHMENT D FINDINGS OF FACT FROM ORIGINAL SUBDIVISION APPROVAL FEBRUARY 7, 2005 I.SUBDIVISION FINDINGS OF FACT ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: a) Zoning Compliance 1. The 0.96 acre property is currently zoned C-RR3 (Residential). 2. The property will be zoned the comparable city zone of RLD-4 upon annexation. The maximum residential density in the RLD-4 district is four dwelling units per acre and the minimum lot size is 10,000 square feet per single-family dwelling. 3. The proposed subdivision will have a density exceeding four dwelling units per acre, since the proposal is for four dwellings on 0.96 acre. 4. Lot sizes and lot width may vary through subdivision review in the RLD-4 zoning district to allow flexibility in site planning and project design. The new lots are proposed to range from 10,019 square feet (Lots 1 and 2) to 10,890 square feet (Lots 3 and 5. In March 1999, the City Council amended the zoning and subdivision regulations to allow for density bonuses under certain conditions: 1) the property must be within the Primary Urban Growth Area; 2) it must be zoned for eight dwelling units per acre or less; and, 3) it must be within a zoning district that is not more than 80% built out. 6. The proposed subdivision is eligible for a density bonus because it is located within the Primary Urban Growth Area and is zoned at four dwelling units per acre. Adjacent properties in the RLD-4 district are currently 62% built out. 7. After meeting these eligibility criteria, a developer may increase density by meeting certain bonus items. The developer is requesting a 40% density bonus with this subdivision since the lots will be connected to public sewer and 75% or more of the dwelling units are on lands which have separate legal descriptions. 8. Density bonuses are calculated using the "Density Bonus Worksheet" (see attachment B for the calculations for this subdivision). The overall density with a density bonus will be 4.17 dwelling units per acre. b) Comprehensive Plan Compliance 9. 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. This property is in the Urban Growth Area (UGA). 10. Development in this area is a combination of established single family homes with a smaller number of newer homes. 11. The 1998 Missoula Urban Comprehensive Plan update states that “within the urban growth area, residential, commercial, public, and other forms of development should be encouraged at urban densities 12. Residential land use goals stated in the 1998 Urban Comprehensive Plan Update include the following: "Adopt regulatory incentives and density bonuses for cluster development, provision of a diversity of housing, particularly with affordable housing, and land conservation where identified resources are conserved and development takes place outside the critical resource areas,” and “Establish development standards to encourage smaller lots and more flexible use of land 80).” Conclusions of Law: 1. The proposal is consistent with the applicable zoning for the property. ---PAGE BREAK--- 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. The property has no recent history of being used for agricultural purposes. 2. The soils are classified Urban Land. The Natural Resources Conservation Service does not consider these soils to be prime agricultural soils. 3. There is an irrigation pipe adjacent to the Grove Street/Gleason Street intersection, and the property had access to water via a ditch that ran along the southern portion of the property. The applicant states that there has not been water in the ditch for 30 years, and that water rights on the property will be abandoned or left with only one of the lots. 4. Missoula City Subdivision Regulations Article 3-6 requires easements for ditches a minimum of 20’ in width unless a narrower width is approved by the appropriate utility and the governing body. Staff recommends a condition that if required by the Orchard Homes Ditch Company an easement be shown on the plat for the irrigation ditch location. 5. State law, MCA 76-3-504(9), states that establishment of easements for each owner is not required if the “average lot size is one acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated and may continue to be assessed for irrigation water delivery even though the water may not be deliverable.” This disclosure is included in the covenants. 6. Staff is recommending that the portion of the covenants identifying the subdivision as irrigated land be included as a section that cannot be amended without governing body approval. Conclusion of Law: 1. No impacts to agricultural water users or agricultural water user facilities are anticipated if the recommended condition is adopted. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads Findings of Fact: Grove Street 1. Grove Street is classified as a local collector within the Urban Growth Area requiring a minimum road surface width of 36’ with curb and gutter within a minimum 60’ right-of-way. 2. Grove Street is an off-site road within City of Missoula jurisdiction. It is currently paved to a width of 24’ with no curb and gutter within a 60’ right-of-way. 3. The applicant is not proposing to pave to the required road surface width or provide curbs and gutter. A variance is being requested from the standard of Subdivision Regulations Section 3-2(3) and 3-2(14). 4. Steve King, City Engineer, does not support the variance requests for Grove Street and recommended that the west side of Grove Street be constructed to a 36’ wide local collector standard. He commented that associated street drainage improvements may also be required. ---PAGE BREAK--- 5. Staff recommends a condition requiring that plans for improvements to the west half of Grove Street, including paving, curb, and gutter be reviewed and approved by the City Engineer. Gleason Street 6. Gleason Street is classified as a local street serving 3-80 dwelling units, requiring a minimum road surface width of 28’ with curbs and gutters within a minimum 40’ right-of- way. It provides access to lots 1, 3 and 4 via a shared access drive. 7. Gleason Street is currently 22 feet wide without curb or gutter within a 40’ Public Access and Utility Easement. The applicant is not proposing improvements to Gleason Street and is therefore requesting variances from Missoula City Subdivision Regulations Articles 3-2(3) and 3-2(14). 8. Steve King, City Engineer does not support the variance request and recommends that the north half of Gleason Street be widened to a 28’ road section with curb, drainage, and 5’ wide curbside sidewalk adjacent to the subdivision. 9. Staff recommends a condition requiring that plans for improvements to the north half of Gleason Street, including paving, curb, and gutter be reviewed and approved by the City Engineer. Mr. King also commented that street improvements may be constructed in a right-of-way easement so that the buildable area of the project will not be diminished. Therefore, the condition also recommends additional right-of-way dedication if necessary to accommodate improvements. Shared Access Drive 10. The applicant is proposing a shared access drive for Lots 1, 3 and 4. The drive is 16’ wide at the point it serves all three lots, and 12’ wide at the point it serves Lots 3 and 4 only. 11. The shared access drive is within a 30’ private access and public utility easement, and continues north beyond the mid-point of the second garage access to the boundary of Lot 1 as a 20’ easement. 12. The shared access drive serves three dwelling units and is therefore required to meet the 24’ minimum roadway width in Missoula City Subdivision Regulations Article 3-2(1)(I) for a total of 29’, or the distance from the southern property line to the first driveway on Lot 4. The applicant requests a variance from this standard. 13. Bob Rajala, Missoula City Fire Marshal, did not object to the variance request. 14. Steve King, City Engineer, recommends approval of the variance request. 15. The applicant has submitted a shared private driveway maintenance agreement for the access drive serving Lots 1, 3 and 4. Article I, Section 11 of the protective covenants prohibits parking within the drive, permitting it only directly behind each garage. 16. The driveways serving the existing home on proposed Lots 3 and 4 are not currently paved. Missoula City Subdivision Regulations Article 3-2(16)(A) requires that all parking areas and driveways within a subdivision shall be paved the first 200’. Staff recommends a condition that the driveways be paved prior to final plat approval or be included in an improvements guarantee. Other 17. The plat contains an SID waiver for future improvements to Grove Street and Gleason Street. 18. Steve Earle of Mountain Line comments that there is no need to make any accommodations in the development for their service. Conclusions of Law: 1. If the variance requests for Grove Street and Gleason Street are denied and the recommended conditions of approval are adopted, the proposed subdivision will meet required public road standards. ---PAGE BREAK--- 2. If the variance request for the interior access drive is approved and the recommended condition of approval is adopted, the proposed subdivision will meet required private road standards. Pedestrian Access Findings of Fact: 1. There are no pedestrian facilities along either Grove Street or Gleason Street adjacent to the subdivision. 2. Both the Reserve Street Area Plan (1995 Update) and the 1998 Urban Comprehensive Plan Update encourage construction of additional sidewalks and improved bicycle and pedestrian facilities. 3. The developer proposes a 5’ asphalt walkway along Grove Street. No pedestrian facilities are proposed along Gleason Street. 4. Missoula City Subdivision Regulations Article 3-2(15)(B) requires a 6’ sidewalk with a 10’ boulevard for a local collector street serving 81-200 dwelling units (Grove Street), and a 5’ sidewalk with a 7’ boulevard for a local street serving 3-80 dwelling units (Gleason Street). 5. Missoula City Subdivision Regulations Article 3-2(15)(B) states that “[boulevard] widths shall be determined by variables such as traffic, street classification, location, types of transportation…” Article 3-2(15)(C) allows narrower boulevards where there is insufficient right of way, and in order to provide a better design. 6. The applicant is requesting to vary from the sidewalk standard in the subdivision regulations in order to permit the 5’ asphalt walkway along Grove Street. Steve King, City Engineer, recommends a 5’ sidewalk with a 7’ boulevard along Grove Street. 7. Staff recommends denial of the variance and a condition requiring a 5’ concrete sidewalk with a 7’ boulevard along the Grove Street frontage of the subdivision. 8. The applicant is requesting a variance from the requirement for a concrete boulevard sidewalk along Gleason Street. Steve King recommends a 5’ curbside sidewalk on Gleason Street adjacent to the subdivision. 9. Staff recommends conditional approval of the variance subject to the condition requiring a 5’ concrete curbside sidewalk along the Gleason Street frontage of the subdivision. 10. The plat contains a waiver of the right to protest future improvements to Grove Street and Gleason Street, including pedestrian facilities. Conclusions of Law: 1. If the Grove Street variance request is denied, and the Gleason Street variance is conditionally approved and the recommended conditions adopted, the proposed subdivision will meet the required standards for non-motorized pedestrian facilities. Water & Sewer Systems Findings of Fact: 1. The proposed subdivision will be served by a shared multi-user well system. 2. The developer proposes to connect all lots to City sewer. 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. Parks and Recreation Findings of Fact: 1. No park land dedication or cash-in-lieu of park dedication is being proposed for the subdivision. Conclusion of Law: ---PAGE BREAK--- 1. Park dedication and cash-in lieu requirements do not apply to subdivisions reviewed as minor subdivivisions. Schools Findings of Fact 1. The subdivision will result in an estimated 5 additional school age children being added to the Missoula County Public School District. 2. Children from this subdivision will attend Hawthorne Elementary School, C.S. Porter Middle School, and Big Sky High School. 3. Rachel Vielleux, Missoula County Superintendent of Schools, had no comments on the proposal. Conclusions of Law: 1. No adverse impacts on schools requiring mitigation have been identified. Fire Department Findings of Fact: 1. Upon annexation, the subdivision will be located within the jurisdiction of the Missoula Fire Department. 2. Bob Rajala, City Fire Marshal, commented on the lack of an established water system to supply hydrants for fire suppression needs. 3. Missoula City Subdivision Regulations Article 3-7 establishes options for fire protection purposes, including residential sprinkler systems. 4. The covenants require the installation of interior residential sprinkler systems unless hydrants are installed with the extension of municipal water mains. 5. Missoula City Subdivision Regulations Article 3-7 requires a statement on the plat stating that at such time a community or municipal water system is available, the property owner shall be required to participate in the SID. Steve King, City Engineer, recommends a waiver of the right to protest future public water improvements. This is recommended as a condition of approval. 6. Staff recommends a condition requiring review of interior residential sprinklers by the City Fire Department prior to submittal of a building permit for the new homes on the lots. 7. The covenants require the posting of address signs that are clearly visible from the adjacent roadway. Lot 3, in the northwest corner of the subdivision, is required to place the address on Gleason Street. 8. Staff recommends a condition requiring plans for address signs be reviewed and approved by the City Fire Department prior to final plat approval. Conclusions of Law: 1. Fire service is available to the subdivision if the recommended conditions are adopted. Law Enforcement Findings of Fact: 1. Upon annexation, the subdivision will be located within the jurisdiction of the Missoula Police Department. 2. Steve Brester, Missoula Police Department, reviewed the proposal and had no comments. Conclusions of Law: 1. Law enforcement service will be available to the subdivision. ---PAGE BREAK--- CRITERIA 3 AND 4: EFFECTS ON THE NATURAL ENVIRONMENT AND WILDLIFE AND WILDLIFE HABITAT Findings of Fact: 1. The subject property slopes gently from east to west. 2. There does not appear to be any wildlife habitat on the subject property. The Montana Department of Fish, Wildlife and Parks did not comment on the proposed subdivision. Conclusions of Law: 1. No adverse impacts to the natural environment and wildlife habit have been identified as a result of the proposed subdivision. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: 1. The City of Missoula Fire Department will serve the property. The Missoula Police Department will provide law enforcement services. 2. This subdivision is within the Missoula Wastewater Treatment Plant Service Area It is the applicant’s intent to connect to city sewer. 3. The property is located within the Air Stagnation Zone. The City-County Health Department comments that a residential driveway application and permit must be obtained for all driveways inside the Air Stagnation Zone, and that all new roads must be paved. The proposal is to pave all private drives and parking areas within the subdivision. 4. The City-County Air Pollution Control Program prohibits wood burning stoves and fireplaces in the Air Stagnation Zone. This information is contained in the covenants. 5. The Health Department stated that the EPA has designated Missoula County as having a high radon potential and recommends that all new construction incorporate passive radon mitigation systems. Staff is recommending the provision of this language in the covenants as a condition of approval. Conclusions 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 condition is 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. Conclusions 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 plan into compliance. ---PAGE BREAK--- 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. 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 Grove Street and Gleason Street rights-of-way. Public utilities will also be accommodated by a 20’ Public Utility Easement that is oriented east-west through the middle of the subdivision, as well as the Private Access and Public Utility Easement associated with the shared access drive oriented north-south in the middle of the subdivision. 2. All new utilities will be placed underground. Conclusions of Law: 1. The provision of easements for utilities will be met by this subdivision. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access will be provided to the subdivision via Grove Street, Gleason Street, and the interior access drive that serves Lots 1, 3 and 4. Conclusion of Law: 1. The proposal meets physical and legal access requirements.