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MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY MEMORANDUM TO: Plat, Annexation and Zoning Committee FROM: Tim Worley, Office of Planning and Grants DATE: May 5, 2010 RE: Amended Conditions of Approval, Grove Street Addition Plat Adjustment/Condition Amendment RECOMMENDED MOTION: THAT the proposed Grove Street Addition Plat Adjustment and Condition Amendment be APPROVED, subject to the Conditions of Approval as amended in Memo Attachment 2. The Plat, Annexation and Zoning Committee (PAZ) heard the Grove Street Addition plat adjustment request on April 28, 2010. The request was to allow Lot 2, in the northeast corner of the subdivision, to have access from a shared access drive that has been constructed and connects with Gleason Street. Lot 4, in the southeastern corner of the subdivision, was requested to access directly from Gleason Street. This request required new conditions that 1) provided for legal access suited to the new access configuration, as well as proper maintenance of the shared access drive by the appropriate parties, and 2) provided for the abandonment of Lot 2’s driveway access onto Grove Street. Following the PAZ Committee’s action to approve the request, the applicant requested elimination of an existing subdivision condition requiring residential fire sprinklers. This condition applies to the two lots that are currently vacant: Lots 1 and 2. Fire sprinklers were required at the time of preliminary plat approval (2005) because the Grove Street Mountain Water line had not yet been installed. It has since been installed, and a hydrant is located adjacent to Lot 4 in the subdivision. The Missoula City Fire Department supports use of this hydrant in providing a water supply for firefighting (Memo Attachment The applicant also requested that the requirement for Lot 2’s driveway abandonment occur prior to Certificate of Occupancy. City Engineering recommends driveway abandonment to occur prior to building permit closeout. This requires Lot 2’s driveway abandonment to occur before a Certificate of Occupancy is issued, the final step in approval of a building permit. This allows Lot 2’s building permit to be approved to the point that home/garage construction can occur. Driveway abandonment could occur at roughly the same time as when equipment is available onsite for other purposes. Memo Attachment 2 includes the Conditions of Approval, with changes since the April 28, 2010 PAZ. Changes include the deletion of Condition A modification of Condition #11 is shown in strikeout/double underline. ---PAGE BREAK--- MEMO ATTACHMENT 1 CITY FIRE COMMENT GROVE STREET ADDITION FIRE HYDRANT 2 ---PAGE BREAK--- MEMO ATTACHMENT 2 AMENDED CONDITIONS OF APPROVAL, MAY 5, 2010 GROVE STREET ADDITION CONDITIONS 1-3 AND 5-9 MET MARCH 6, 2009 CONDITION 4 DELETED—EXISTING HYDRANT MEETS WATER SUPPLY FOR FIREFIGHTING REQUIREMENT CONDITIONS 10-11 TO BE MET PRIOR TO BUILDING PERMIT APPROVAL(10)/CLOSEOUT(11) CONDITIONS OF APPROVAL Roads/Driveways/Sidewalks 1. Plans for installing curb/gutter and paving the portion of Grove Street adjacent to this subdivision to an 18’ 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. Subdivision Regulations Article 3-2(3), 3-2(14) and City Engineering recommendation. 2. Plans for installation of a 5’ sidewalk with a 7’ boulevard on the west half of Grove Street adjacent to the subdivision shall be reviewed and approved by the City Engineer prior to final plat approval. Subdivision Regulations Article 3-2(15)(A-C) and City Engineering recommendation. 3. The driveways accessing Lots 3 and 4 shall be paved or included in an improvements guarantee subject to review and approval by the City Engineer prior to final plat approval. Subdivision Regulations Article 3-2(16) and OPG recommendation. Fire 4. Plans for residential fire sprinklers for the new homes shall be reviewed and approved by the City Fire Department prior to building permit submittal. Subdivision Regulations Article 3-1(B) and City Fire Department recommendation. 5. The following statement shall appear on the final plat: “Acceptance of a deed for a lot within this subdivision shall constitute waiver of the right to protest a future RSID/SID for a community or municipal water system for fire protection purposes.” Subdivision Regulations Article 3-7, City Engineering and OPG recommendation. 6. All residences within this subdivision shall post address signs visible from Gleason Street. Address plans shall be reviewed and approved by the City Fire Department prior to final plat approval. Subdivision Regulations Article 3-2(2)(G), Fire Department and OPG recommendation. Covenants 7. The covenants shall include a provision advising property owners of the Health Department recommendation that all new construction incorporate passive radon mitigation systems. The language of the provision shall be subject to review and approval by OPG prior to final plat approval. Subdivision Regulations Article 3-1(2) and City-County Health Department recommendation. 8. Article III, Section 2 (“Amendment”) shall include water supply for fire protection, radon, the shared driveway maintenance agreement and irrigated land as sections of the covenants that may not be amended without Governing Body approval. Subdivision Regulations Article 3-1(10) and OPG recommendation. Irrigation Ditch 9. If required by the Orchard Homes Ditch Company, an easement shall be shown on the plat for the irrigation ditch location along the south and east boundaries of Lot 4 3 ---PAGE BREAK--- 4 New Conditions 10. The revised easement exhibit, Grants of Easement, and shared private drive maintenance agreement shall be reviewed and approved by City Engineering prior to building permit submittal for either of Lot 1 or Lot 2, whichever is submitted first. These documents shall be recorded at the County Clerk and Recorder’s prior to building permit approval for said lot. 11. Plans for abandonment of the Lot 2 Grove Street access shall be submitted with the Lot 2 building permit, with access abandonment to be complete prior to building permit approval closeout. (Changes since April 28, 2010 PAZ reflected in strikeout/double underline)