Document Missoula_doc_c55182e815

1 DEER CREEK INTERSTATE 90 KIM WILLIAMS C E X E C U T I V E S U M M A R Y CASE PLANNER: Tim Worley REVIEWED AND Mary McCrea APPROVED BY: PUBLIC HEARINGS: Planning Board: December 2, 2008 CC: December 22, 2008 60-DAY LIMIT: December 30, 2008 AGENDA ITEM: #6A: Clark Fork Terrace No. 1 APPLICANT Neighborhoods by Design, LLC & FEE OWNER: c/o Bob Brugh 25685 Nine Mile Road Huson, MT 59846 AGENT: Nick Kaufman WGM Group, Inc. P.O. Box 16027 Missoula, MT 59808 LOCATION OF The area is legally described as Tract 2 of Certificate of Survey REQUEST: No. 5850, located in the North ½ of Section 20, T13N, R18W, P.M.M. LEGAL A legal ad was published in the Missoulian on 11/16/08 and 11/23/08, NOTIFICATION: and the Missoula Independent on 11/20/08 and 11/27/08. Notice of the project was posted on 11/14/08 and adjacent property owners were notified by certified mail on 11/13/08. ZONING: The property is zoned C-RR1 (Residential) in the County, with a request for annexation and rezoning of the property to RLD-2. GROWTH Growth Policy (2005); applicable amendments to the Growth Policy POLICY: are the the 1998 Urban Comprehensive Plan Update. The land use designation is Residential, 2 dwelling units per acre. Surrounding Land Uses Surrounding Zoning North: I-90 RLD-4/P-1 (Residential/Golf Course) South: RR Tracks C-RR1 (Residential) East: Approved Residential (prelim.) RLD-1 (Residential) West: Vacant C-RR1 (Residential) ---PAGE BREAK--- 2 PROPOSAL Rezoning from C-RR1 in the County to RLD-2 in the City. Variance from the requirement for a 20’ wide public non-motorized access easement Clark Fork Terrace No. 1 major subdivision. STAFF RECOMMENDATION Approval of the rezoning. Approval of the variance. Approval of the subdivision with conditions. PLANNING BOARD RECOMMENDATION To be determined. To be determined. To be determined. ---PAGE BREAK--- 3 MISSOULA CONSOLIDATED PLANNING BOARD December 2, 2008 Agenda Item #6A Clark Fork Terrace No. 1 I. STAFF’S RECOMMENDED MOTION FOR REZONING 1. THAT the property legally described as Tract 2 of Certificate of Survey No. 5850, located in the N ½ of Section 20, T. 13N, R. 18W be rezoned from C-RR1 to RLD-2 based on the findings of fact in the staff report. II. STAFF’S RECOMMENDED MOTIONS FOR SUBDIVISION 1. THAT the variance request to City Subdivision Regulations Article 3-2(15)(D) to permit 10’ wide non-motorized access easements be approved based on the findings of fact in the staff report. 2. THAT Clark Fork Terrace No. 1 subdivision be approved based on the findings of fact in the staff report and subject to the recommended conditions of approval. III. STAFF’S RECOMMENDED CONDITIONS OF APPROVAL Roads 1. In the event that Drouillard Drive is not completed as part of a loop drive prior to final plat approval, plans for a temporary emergency vehicle turnaround within an Emergency Vehicle Turnaround Easement shall be reviewed and approved by City Fire prior to final plat approval. If required by the City Fire Department, signage shall be placed that acknowledges the turnaround and any related parking restrictions. Subdivision Regulations Article 3-2(12) and OPG recommendation. 2. Final plans for short court paving and common area parking shall be reviewed and approved by City Engineering prior to final plat approval. Common area parking requirements may take into account lot frontage and available on-street parking on public streets. Common area parking area maintenance duties shall be included in the subdivision covenants, to be reviewed and approved by OPG prior to final plat approval. Subdivision Regulations Articles 3-2(1)(I), 3-2(6)(d-e) and City Engineering recommendation. 3. Short courts shall be shown within public access easements on the final plat, to be reviewed and approved by City Engineering prior to final plat approval. Short court parking dimensions, including expanded parking easements if necessary, shall be reviewed and approved by City Engineering prior to final plat approval, with approved easements being shown on the final plat. Subdivision Regulations Articles 3-2(1)(I) and City Engineering recommendation. 4. All subdivision roadways shall be dedicated as public rights-of-way on the final plat, in a form to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Articles 3-2(1)(I) and City Engineering recommendation. 5. Plans for and installation of curb/gutter and paving Charbonneau Drive, Drouillard Drive and Ordway Lane to a 32’ width from back-of-curb to back-of-curb shall be reviewed and approved by the City Engineer prior to final plat approval. The Ordway Lane cul-de-sac easement shall be eliminated on the final plat in the event that it is completed as a loop ---PAGE BREAK--- 4 drive prior to final plat approval. Subdivision Regulations Article 3-2(3), 3-2(14) and City Engineering recommendation. 6. The RSID waiver shall be amended to include Charbonneau Drive, Drouillard Drive, Ordway Lane and Deer Creek Road subject to review and approval of OPG prior to final plat approval. Subdivision Regulations Article 3-2(7) and OPG recommendation. 7. Plans for and installation of improvements to Deer Creek Road to a 26’ surface width adjacent to the subdivision extending to the boundary of Canyon River Phase II with adequate surfacing and storm drainage facilities shall be reviewed and approved by City Engineering prior to final plat approval. The final plat shall show a 5’ Deer Creek Road right-of-way expansion adjacent to the subdivision, to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Articles 3-2(3), 3-2(21), 3- 4(1)(B) and City Engineering recommendation. 8. The developer shall waive the right to protest future improvements to the Speedway Avenue/Highway 200 intersection, with language on the plat to be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(1)(F) and City Engineering recommendation. 9. If an additional utility lot access is necessary, plans for paved access to the Utility Lot, including any required easements shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-6 and City Engineering recommendation. 10. Plans for and installation of street lights at road intersections with Deer Creek Road adjacent to the subdivision shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3-2(2)(C) and City Engineering recommendation. 11. A road signage plan in conformance with the Manual on Uniform Traffic Control Devices, including provisions for temporary signage during construction, permanent signage including stop signs where appropriate, and cost of installation to be the responsibility of the subdivider, shall be reviewed and approved by City Engineering prior to final plat approval. General plans for visible address signs shall be reviewed and approved by the City Fire Department and included in the covenants prior to final plat approval. Subdivision Regulations 3-2(2)(D-E) and City Fire and recommendation. 12. The developer shall present evidence of petitioning the subdivision into the Missoula Urban Transportation District prior to final plat approval. Subdivision Regulations Article 3-1(5) and Mountain Line recommendation. Driveways 13. Plans for and installation of the shared driveway on Lot 31, terminating on Lot 32, shall be reviewed and approved by City Fire and City Engineering prior to building permit approval. Subdivision Regulations Article 3-2(16)(E) and OPG recommendation. 14. The covenants shall be amended to include a shared driveway maintenance agreement for the driveway serving Lots 31 and 32, to be reviewed and approved by OPG prior to final plat approval. Maintenance duties shall include, but not be limited to snow removal, general maintenance and repair. The approved language for this agreement shall not be amended or deleted without prior approval of the governing body. Subdivision Regulations Article 3-2(1)(J)(5) and OPG recommendation. 15. Driveways in excess of 150’ in length shall be approved by Missoula City Fire prior to building permit approval. A turn around for fire apparatus must be incorporated at the terminus of the driveway. The driveway must provide 20’ of unobstructed horizontal clearance and 13’6” unobstructed vertical clearance the length of the drive. This language shall be included in the development covenants and shall not be deleted or amended ---PAGE BREAK--- 5 without governing body approval. Subdivision Regulations Article 3-2(16)(e) and City Fire recommendation. Non-motorized Facilities 16. Plans for and installation of 5’ sidewalks with 7’ boulevards on both sides of Charbonneau Drive, Drouillard Drive and Ordway Lane shall be reviewed and approved by the City Engineer prior to final plat approval. Plans for and installation of 5’ walkways as depicted on both sides of the five linear common areas per the plat dated 8/15/2008 shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Articles 3-2(15)(A)(1), 3-2(15)(E), 3-2(15)(D) and OPG recommendation. 17. The applicant shall dedicate a 20’ wide pedestrian/bicycle greenway corridor overlain with a 20’ wide Public Non-Motorized Access Easement, along the southern border of the subdivision, to be reviewed and approved by City Parks and Recreation and City Engineering prior to final plat approval. Plans for a 10’ wide asphalt trail within the easement shall be reviewed and approved by City Engineering and Parks and Recreation prior to final plat approval. Subdivision Regulations Articles 3-8(4), 3-8(7)(A,C), 3-2(15)(E), 3-6 and City Engineering, City Parks and Recreation, City-County Health Department and OPG recommendation. 18. Plans for and installation of an 8’ wide meandering asphalt walkway along the eastern side of Deer Creek Road from Drouillard Drive to the farthest northern property boundary, in a location to provide a connection to Phase II of Canyon River, shall be reviewed and approved by City Engineering prior to final plat approval. Subdivision Regulations Article 3- 2(15)(E), 3-2(21), and City Engineering recommendation. 19. A provision for maintenance of the meandering trail adjacent to Deer Creek Road, and the sidewalks adjacent to the common areas connecting Ordway Lane and Deer Creek Road shall be included in the subdivision covenants to be reviewed and approved by City Engineering and OPG prior to final plat approval. The approved maintenance provisions shall not be amended or deleted without prior approval of the governing body. MMC 12.16, Subdivision Regulations Article 3-1(1)(F), City Engineering and OPG recommendation. 20. Plans for and installation of street-tree plantings 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. Miscellaneous 21. Cluster mailboxes or other central mail facility shall be installed in this subdivision in locations subject to review and approval by City Engineering prior to final plat approval. Subdivision Regulations 3-2(15)(K) and City Engineering recommendation. 22. The covenants shall notify potential owners of lots that they are classified as irrigated and may continue to be assessed for irrigation water delivery though the water may not be deliverable, subject to OPG approval, prior to final plat approval. Subdivision Regulations Article 3-6(2)(A) and OPG recommendation. Utilities 23. Plans for road construction across the Yellowstone Pipeline shall comply with Yellowstone Pipeline Company (YPL) Encroachment Guidelines and shall be reviewed and approved by YPL prior to final plat approval. If required by YPL a signed and executed Encroachment Agreement shall be returned to the utility, and appropriate development provisions shall be included on the final plat and in the subdivision covenants. Subdivision Regulations Article 3-1(2) and Yellowstone Pipeline Company recommendation. 24. The following note shall be shown on the final plat, and be contained in the Development Covenants prior to final plat approval, in reference to the 10” high-pressure petroleum line: “Approximate location of 10” high-pressure petroleum line. Prior to any construction near ---PAGE BREAK--- 6 the line, the developer or lot owner(s) shall locate the 10” high-pressure petroleum line and contact the utility company for its exact location. See covenants for any applicable rules and guidelines concerning the petroleum line.” Subdivision Regulations Article 3-1(2) and OPG recommendation. 25. The subdivider shall amend the plat to include an appropriate utility easement for the 10” high-pressure petroleum line easement, to be reviewed and approved by YPL prior to final plat approval. Subdivision Regulations Article 3-6 and Yellowstone Pipeline Company recommendation. 26. Proposed road and utility plans for the subdivision shall be reviewed and approved by BPA prior to final plat approval. Subdivision Regulations Article 3-1(2) and BPA recommendation. 27. Lots adjacent to BPA overhead power lines shall submit a Land Use Agreement to BPA, to be reviewed and approved by BPA prior to building permit approval. Subdivision Regulations Article 3-1(2) and BPA recommendation. 28. The following note shall be included on the final plat and in the Development Covenants, to be reviewed and approved by OPG prior to final plat approval: “The Bonneville Power Administration (BPA) imposes certain conditions on the portions of these lots encumbered by its high voltage transmission line right-of-way. BPA does not allow structures to be built within the right-of-way, nor does it allow access to be blocked to any transmission facilities. Any activity that is to occur within the right-of-way needs to be permitted by BPA prior to installation or construction. Information regarding the permitting process for proposed uses of the right-of-way may be addressed to BPA Real Estate Field Services at (406) 751-7821.” Subdivision Regulations Article 3-1(2) and BPA recommendation. Fire/Emergency Response 29. 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 3-7 and City Fire Department recommendation. Parks and Open Space 30. The area dedicated as park adjacent to Deer Creek Road on the preliminary plat shall be shown as common area on the final plat, to be reviewed and approved by City Engineering and City Parks and Recreation prior to final plat approval. The total amount of common area should reflect the required 5’ expansion of the Deer Creek Road right-of-way. The meandering pathway shall be contained within a public non-motorized access easement on the final plat, to be reviewed and approved by OPG prior to final plat approval. Subdivision Regulations Articles 3-8(4), 3-8(7)(A,C), 3-2(15)(E), 3-6 and City Engineering, City Parks and Recreation and OPG recommendation. 31. A plan for Homeowner’s Association maintenance of the required common areas adjacent to Deer Creek Road, including at minimum the meandering asphalt path, trees, grass and any landscaping shall be reviewed and approved by City Parks and Recreation and OPG prior to final plat approval. Subdivision Regulations Article 5-2(14)(J)(10), City Engineering, City Parks and Recreation and OPG recommendation. Revegetation Plan 30. A Revegetation Plan for disturbed sites shall be submitted to and approved by the Missoula County Weed Board prior to final plat approval. Subdivision Regulations Article 3-1(1)(F). Covenants 31. Article 7.10 shall be revised to include fence construction specifications according to the Missoula Municipal Code, to be reviewed and approved by City Engineering prior to final ---PAGE BREAK--- 7 plat approval. The approved language shall not be amended or deleted without prior approval of the governing body. Subdivision Regulations Article 3-1(1)(F). 32. Article 7.19 shall be revised to include appropriate site distance specifications according to the Missoula Municipal Code, to be reviewed and approved by City Engineering prior to final plat approval. The approved language shall not be amended or deleted without prior approval of the governing body. Subdivision Regulations Article 3-1(1)(F). 33. Article 7.39 shall be amended to read “The Owner of each lot and the Association are responsible for maintaining their property in compliance with (continue section) Subdivision Regulations Article 3-1(1)(F). 34. Article 10 (“Amendment”) shall be amended to include Common Area Parking, Trail Maintenance, Irrigation, BPA high voltage transmission line right-of-way and High-Pressure Petroleum Line development provisions (if applicable) as sections of the covenants that may not be amended without Governing Body approval. Subdivision Regulations Articles 3- 1(2), 3-1(9) and OPG recommendation. IV. CLARK FORK TERRACE NO. 1 REZONING The property is currently zoned C-RR1 (Residential, 1 du/acre) in the County. The applicant has requested annexation, and upon annexation, the property will be zoned RLD-1 in the City, which is comparable to C-RR1 zoning in the County. The applicant proposes to rezone the property to RLD-2 (Residential, 2 du/acre) in the City. The proposed density of the development is 1.4 dwelling units per acre. REZONING FINDINGS OF FACT Findings of Fact: 1. The subject property is 27.16 acres and is located east of Deer Creek Road in the Bandman Flats area. The subdivider proposes 38 lots on the property for a residential density of 1.4 dwelling units per acre. 2. The property is a high river terrace covered mainly by grassland vegetation. It is part of a former working ranch bordered by Interstate 90 to the north, Deer Creek Road to the west, the approved Clark Fork Terrace No. 2 to the east and the Burlington Northern Santa Fe (BNSF) Railroad to the south. 3. The 1998 Missoula Urban Comprehensive Plan Update is the applicable plan for this property. The recommended land use designation is Residential, 2 dwelling units per acre. 4. Surrounding zoning includes C-RR1 (Residential, 1 dwelling per acre in the county), RLD-1 (Residential, 1 dwelling per acre in the city), RLD-4 (Residential, 4 dwellings per acre in the city), and P-1 (Open Space District). 5. The property is currently zoned C-RR1 in the County, which permits a residential density of 1 dwelling unit per acre. Setback standards include a 25-foot front yard, 15-foot side yards and a 25-foot rear yard. Building height is limited to 30 feet. 6. Permitted uses in the C-RR1 district include single family dwellings and accessory buildings. Two-family dwellings are not permitted. 7. The applicant has requested annexation and the property will be zoned RLD-1 in the City upon annexation. RLD-1 permits a residential density of 1 dwelling unit per acre. Setback standards include 25-foot front and rear yards, and 15-foot side yards. Minimum lot widths are required to be 1/3 the average lot depth, and building height is limited to 30 feet. 8. Permitted uses in the RLD-1 district include day-care homes serving twelve (12) or fewer persons, one-family dwellings, parks and playgrounds, and residential accessory buildings and uses. Two-family dwellings are not permitted. ---PAGE BREAK--- 8 9. The applicant proposes RLD-2 zoning for the subdivision, which permits a residential density of 2 dwelling units per acre. Setback standards include 25-foot front and rear yards, and 15-foot side yards. Building height is limited to 30 feet. 10. Permitted uses in the RLD-2 district include day-care homes serving twelve (12) or fewer children, [persons of any age: OPN], one-family dwellings, parks and playgrounds, residential accessory buildings and uses, and two-family dwellings. 11. The Residential Low Density (RLD) Zoning District standards require minimum lot sizes, including 40,000 square feet for RLD-1 and 20,000 square feet for RLD-2. For the purposes of subdivision review, minimum lot sizes and lot widths may vary for the purpose of protecting natural resources, conserving open space and enhancing environmental amenities and allowing for flexibility in site planning and project design. 12. The subdivider proposed lot sizes ranging from 8,677 to 21,770 square feet. Lots in the vicinity generally range from less than 0.5 acre to large undivided tracts exceeding 20 acres. 13. The proposed rezoning is inside the Urban Growth Area (UGA) where development is generally considered to be appropriate. 14. The Missoula Urban Comprehensive Plan states that “within the urban growth area, residential, commercial, public, and other forms of development should be encouraged at urban densities 15. The Primary Urban Growth Area is generally considered appropriate for immediate development if surrounded by or contiguous to existing urban development and served by existing urban services, including sanitary sewer infrastructure. 16. The Missoula County Growth Policy (2005) encourages the logical expansion of communities while maintaining environmental quality and keeping the expenditures for public services and facilities at a reasonable level. 17. Residential land use goals stated in the Missoula Urban Comprehensive Plan include the following: “Establish development standards to encourage smaller lots and more flexible use of land 80).” 18. The 2005 Missoula County Growth Policy encourages the diversity, integrity, and unique values of neighborhoods, communities, and rural areas to be protected 3-2). 19. The Comprehensive Plan encourages compatibility with surrounding land uses, as well as preservation and enhancement of the diversity, integrity, and unique values of neighborhoods, communities and rural areas. Land uses in this area include a shooting range, the Canyon River Golf Course and associated residential development, an approved but not platted subdivision, and open space. 20. Staff recommends approval of the rezone to RLD-2. Conclusions of Law: 1. Whether the zoning is compatible with the Comprehensive Plan 1. The proposed rezoning to RLD-2 is compatible with the Comprehensive Plan Land Use Designation. 2. The proposed rezone to RLD-2 substantially complies with the goals and objectives of the applicable Comprehensive Plan, which encourages growth to occur within the Urban Growth Area. 2. Whether the zoning will lessen congestion in the streets 1. Traffic congestion will be alleviated through improvements to non-motorized facilities and a reconstructed Collector Street. ---PAGE BREAK--- 9 3. Whether the zoning will secure safety from fire and other dangers 1. Available tools to mitigate and control the threat to public safety, including fire and police service, appear to be adequate or could be made readily available. 4. Whether the zoning promotes the health and general welfare 1. The proposed rezone to RLD-2 would promote health and general welfare by locating development along a Collector Street with proposed and required pedestrian facilities, Mountain Water, and City Sewer. 2. Law enforcement personnel and procedures are available to address potential problems of noise, property damage, or personal injury. 3. Available tools to mitigate and control the threat to public safety appear to be adequate. 5. Whether the zoning provides adequate light and air; AND 6. Whether the zoning will prevent overcrowding of the land; AND 7. Whether the zoning will avoid undue concentration of population 1. The rezoning to RLD-2 will provide adequate light and air because it will preserve open space within the eastern portion of the parent parcel according to allowed variations in minimum lot size permitted in this district. 2. The proposed RLD-2 zoning will prevent overcrowding of land by and undue concentration of land by being consistent with the Comprehensive Plan land use designation for this location. 8. Whether the zoning facilitates the adequate provision of public services 1. The proposed rezoning facilitates the adequate provision of public services because the parcel is within the Urban Growth Area and the Sewer Service Area. 2. The proposed rezoning facilitates the adequate provision of public services because public infrastructure, including motorized and non-motorized transportation improvements, plus police and fire service, are available to serve the site. 9. Whether the zoning gives reasonable consideration to the character of the district; AND 10. Whether the zoning gives consideration to the particular suitability of the district for particular uses 1. The proposed rezoning to RLD-2 gives reasonable consideration to the character of the district and its suitability for particular uses by being consistent with the Residential recommendation and the recommended Comprehensive Plan density of two dwelling units per acre. 11. Whether the zoning was adopted with a view toward conserving the value of the buildings 1. Residential dwelling units are absent from this site and the adjacent approved (but not platted) subdivision to the east. 12. Whether the zoning will encourage the most appropriate use of land throughout the municipality 1. The proposed rezoning encourages the most appropriate use of land throughout the municipality by encouraging residential development, at a modest density, in a location within the Urban Growth Area and the Wastewater Treatment Plant Service Area. ---PAGE BREAK--- 10 V. INTRODUCTION This is a proposal by Neighborhoods by Design, LLC, represented by WGM Group, Inc., for 38 residential lots on 27.16 acres east of Deer Creek Road and south of Interstate 90. The property is currently vacant. The applicant has requested to annex the property into the City and rezone the property from C-RR1 (Residential) in the County to RLD-2 (Residential) zoning in the City. Lot sizes are proposed to range from 8,677 square feet to 21,770 square feet. The City Council adopted a resolution of intent to annex the property on October 16, 2006, conditioned upon approval of the subdivision and subject to review by the City under authority of MCA 76-3-601(2)(d) that states: “When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall coordinate the subdivision review and annexation procedures to minimize duplication of hearings, reports and other requirements whenever possible.” The subdivision has access to Deer Creek Road via Drouillard Drive and Ordway Lane, which are proposed to be 32’ wide paved roads with curb, gutter and sidewalk providing access to subdivision lots. The lots are proposed to be served by City sewer and Mountain Water. The applicant proposes fire hydrants to supply water for fire protection. The applicant held a neighborhood meeting on September 13, 2007 and a summary of the meeting is included in the submittal packet. VI. SUBDIVISION FINDINGS OF FACT ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: a) Zoning Compliance 1. The 27.16 acre parcel is currently zoned C-RR1. The applicant has requested to annex the property into the city and the City Council intends to apply the city zoning of RLD-I to the entire acreage. 2. The property will be zoned the comparable city zone of RLD-I upon annexation. The maximum residential density in the RLD-I district is one dwelling unit per acre and the minimum lot size is 40,000 square feet per single-family dwelling. 3. The proposed subdivision will have a density of 1.4 dwelling units per acre, and the applicant requests a rezoning to RLD-2. The maximum residential density in the RLD-2 district is two dwelling units per acre and the minimum lot size is 20,000 square feet per single-family dwelling. 4. Lot sizes and lot width may vary through subdivision review in the RLD-2 zoning district to allow flexibility in site planning and project design. Proposed lots sizes range from 8,677 to 21,770 square feet. 5. The required front and rear-yard setbacks in the RLD-2 district are 25 feet. Side-yard setback requirements in the RLD-2 district are 15 feet. The zoning officer may reduce the required rear and side yard setback to five feet for detached accessory structures in the rear yard, provided that the applicant demonstrate that such reduction will not encumber maintenance or access and that the applicant furnished written approval for such reduction from the adjoining property owner. Building height is limited to 30 feet. b) Comprehensive Plan Compliance 6. The 1998 Missoula Urban Comprehensive Plan Update (“Plan”) is the applicable plan for this property. The recommended land use designation is Residential, with a maximum residential density of up to two dwelling units per acre. This property is in the Urban Growth Area (UGA). ---PAGE BREAK--- 11 7. The applicant proposes 38 lots on 27.16 acres for a residential density of 1.4 dwelling unit per acre. 8. The Plan encourages compatibility with surrounding land uses, as well as preservation and enhancement of the diversity, integrity, and unique values of neighborhoods, communities and rural areas. Development in the area includes open space associated with the former ranch, a shooting range and the Canyon River golf course and associated development. 9. The development pattern of the subdivision is residences clustered adjacent to Deer Creek Road, with open space planned for the eastern portion of the property. 10. The Plan states that “within the urban growth area, residential, commercial, public, and other forms of development should be encouraged at urban densities 11. Residential land use goals stated in the Plan include the following: “Establish development standards to encourage smaller lots and more flexible use of land 80).” 12. The residential density for the subdivision is proposed at less than urban (two dwelling units per acre) density. Conclusions of Law: 1. The proposal is consistent with the intended zoning for the property. 2. The proposal is consistent with some residential land use goals in the Urban Area Comprehensive Plan with a diversity of lot sizes and connection to sewer in this UGA location. PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. The property is part of a former working ranch that has not been in production for some time. 2. Soils on the property include the Moiese gravelly loam, 0 to 2 percent slopes. The Moiese gravelly loam is considered farmland of local importance. 3. The property has some relict ditches from the time the property was part of a larger working ranch. These are no longer used and were never part of a formal ditch district. 4. The submittal indicates that the property has water rights, but that the rights are not intended to be transferred to the newly-created subdivision lots. City Subdivision Regulations Article 3-6(2)(A) requires subdivisions with lots under one acre that are part of a larger parent parcel with a water right to provide for disclosure in a manner indicating that land may be classified as irrigated even though water may not be deliverable to the lots. A condition of approval requires this disclosure on the plat and in the covenants. Conclusion of Law: 1. The subdivision will not result in the loss of prime farmland if the subdivision is approved. 2. No ditch easements are required on the property per the City Subdivision Regulations Article 3-6(3) due to the lack of existing facilities. No impacts to agricultural water users or agricultural water user facilities are anticipated. 3. The subdivision complies with the assessment disclosure requirements in Article 3-6(2)(A) if the required condition is imposed. ---PAGE BREAK--- 12 CRITERION 2: EFFECTS ON LOCAL SERVICES Roads Findings of Fact: Drouillard Drive and Ordway Lane 1. The property is located on the east side of Deer Creek Road and south of Interstate 90. Charbonneau Drive, Drouillard Drive and Ordway Lane are proposed to access lots in the subdivision and the adjacent approved subdivision to the east (Clark Fork Terrace No. 2. Proposed Street sections show a 32’ width (back-of-curb to back-of-curb) for onsite roadways. City Subdivision Regulations Article 3-2(3) requires a 26’ width for these roadways. 3. A condition of approval requires review and approval of final plans for Charbonneau Drive, Drouillard Drive and Ordway Lane. 4. Drouillard Drive and Ordway Lane are proposed to serve the approved Clark Fork Terrace No. 2 subdivision to the east in addition to this proposed subdivision. Ordway Lane ends in a cul-de-sac as shown on the plat, providing a turnaround in the event Clark Fork Terrace No. 1 is filed before Clark Fork Terrace No. 2. No turnaround is proposed at the end of Drouillard Drive. 5. City Subdivision Regulations Article 3-2(12) requires temporary cul-de-sacs to be provided until such time as through streets are connected. A condition of approval requires a temporary cul-de-sac to be provided at the end of Drouillard Drive in the event Clark Fork Terrace No. 1 is filed before Clark Fork Terrace No. 2. 6. A condition of approval for the Clark Fork Terrace No. 2 subdivision requires improvements within the Ordway Lane Public Access Easement to be affected within four years of approval of that subdivision, or as required with Clark Fork Terrace No. 1, whichever comes first. The intent of this condition was to complete the loop roadway system that included both the Clark Fork Terrace No. 1 and No. 2 subdivisions. 7. The developer of both the Clark Fork Terrace No. 1 and No. 2 subdivisions may choose to complete the loop roadway system with the filing of Clark Fork Terrace No. 1, eliminating the need for the Ordway Lane cul-de-sac. A condition of approval requires elimination of the Ordway Lane cul-de-sac easement on the plat in the event that the loop roadway system is completed prior to final plat approval of Clark Fork Terrace No. 1. 8. The plat does not indicate whether or not roadways are within public rights-of-way as required in City Subdivision Regulations Article 3-2(1)(I). A condition of approval requires public right-of-way dedication of all subdivision roadways, to be reviewed and approved by City Engineering prior to final plat approval. 9. City Engineering recommends a plan for street lighting at road intersections with Deer Creek Road, which is required in a condition of approval. Offsite Access, Connections and Impacts 10. Traffic from this city subdivision will primarily use Deer Creek Road north of the Drouillard Drive intersection, through the Canyon River Subdivision and eventually to the Speedway Avenue/Highway 200 intersection. A limited number of subdivision residents may choose to turn left at the Deer Creek Road/Speedway Avenue intersection. 11. The plat contains an RSID/SID waiver for future improvements to the streets within this subdivision. Subdivision streets are not cited in the waiver, and Deer Creek Road has been included “where it fronts the subdivision only.” 12. Special Improvement District assessments are determined based on benefit. The inclusion of the reference “where it fronts the subdivision only” may or may not be consistent with a future RSID/SID for Deer Creek Road in relation to this subdivision. ---PAGE BREAK--- 13 13. A condition of approval requires the two onsite roadways to be included in the RSID/SID waiver statement, as well as Deer Creek Road, with waiver language to be reviewed and approved by OPG prior to final plat approval. 14. Glen Cameron of the Montana Department of Transportation, in his comments on the adjacent Clark Fork Terrace No. 2 subdivision, noted the Canyon River Subdivision requirement to redesign and reconstruct the Highway 200 intersection so that the two roadways intersect at a 90 degree angle. 15. Kevin Slovarp, City Engineer, noted during Clark Fork Terrace No. 2 review that reconstruction has not commenced although funding to improve the Speedway Avenue/Highway 200 intersection is available. He recommended that the developer of Clark Fork Terrace No. 2 waive the right to protest future improvements to this intersection. This is required in a condition of approval for this subdivision because of comparable impacts to the same intersection. 16. Deer Creek Road adjacent to the subdivision is composed of a chip-sealed millings material that does not meet city road standards. Roads that provide a connection to city subdivisions are required to meet city road standards. 17. The typical cross-section for Deer Creek Road shows a roughly 22’ wide roadway, with 16’ of pavement being located on the subdivision-side of the property line, and 6’ on the opposite side as defined by the underlying Certificate of Survey. 18. The total county right-of-way width for Deer Creek Road is 50’ adjacent to the subdivision. The applicant has added an additional 5’ adjacent to the subdivision for a total of 55’ of right-of-way. City Subdivision Regulations Article 3-2(3) requires a minimum 60’ right-of- way. 19. A condition of approval requires an additional 5’ of right-of-way to provide the total 60’ that is required. 20. Doug Harby of City Engineering commented that Deer Creek Road will be required to be reconstructed in accordance with the submitted cross section. This includes installation of curbs adjacent to the subdivision, plus addition of two inches of asphalt in order to complete a 16’ half-street. An additional 10’ of Deer Creek Road reconstruction will occur on the other side of the road centerline for a total width of 26’. City Subdivision Regulations Article 3-2(3) requires a 32’ width for this collector street. 21. Doug Harby stated that an additional six feet of road width will be added with future development on the southwest side of Deer Creek Road to complete the city-standard 32’ wide roadway (back-of-curb to back-of-curb). 22. A condition of approval requires reconstruction of Deer Creek Road according to the specifications included in the submittal. This reconstruction is required to continue north, under the Interstate bridge, to the point the road has been improved as a part of the Canyon River Subdivision. Short Courts 23. A total of six short courts serve lots within the subdivision. Separate short courts are proposed to serve the following lots: a. Lots 3-6; b. Lots 7-11; c. Lots 12-17; d. Lots 18-23; e. Lots 24-26; f. Lots 33-36. 24. The short court cross-section in the submittal shows 21’ widths from back-of-curb to back- of-curb. City Subdivision Regulations Article 3-2(6)(A) prescribes a 20’ minimum width. ---PAGE BREAK--- 14 25. City Engineering comments that short courts are required to be designated with Public Access Easements per City Subdivision Regulations Article 3-2(1)(I). This is required in a condition of approval. 26. The applicant has shown 10’ x 15’ off-street parking areas adjacent to each short court. City Engineering has commented on previous subdivisions that 9’ x 18 ½‘ easements will be required to contain all the pavement and curbing for each parking stall. A condition of approval allows City Engineering discretion in the review and approval of expanded parking area easements on the plat where necessary. 27. A condition of approval requires plans for the short courts to be reviewed and approved prior to final plat approval. The condition requires the plat to show additional common area parking easements, if necessary, to accommodate pavement and any curbing. Allowances are made in the condition for reduced parking requirements where short court lots are adjacent to streets as provided for in City Subdivision Regulations Article 3-2(6)(e). Eleven short court lots also have frontage on one or more public road. Driveways 28. Lots 1-2, 27-32 and 37-38 will be served by driveways from Ordway Lane. Lots 31 and 32 will be served by a shared driveway as indicated by a 20’ wide shared driveway easement. A condition of approval requires a shared driveway maintenance agreement for these two lots. Other 29. The submittal includes a storm water plan with 25 sumps. 30. Stephanie Millar of Mountain Line reviewed the subdivision proposal, and stated that the property is currently within the Missoula Urban Transportation District and is served by Route 4. She recommends that the property owners involved petition into the Urban Transportation District, which is required in a condition of approval. 31. City Engineering recommends that bus stops be shown along Deer Creek Road adjacent to the subdivision. Mountain Line does not know whether or not Deer Creek Road will ever be part of a bus route. City Engineering is unsure which location (within or adjacent to the subdivision) would be optimum if the subdivision was added to a bus route. 32. City Engineering recommends cluster mailboxes for this subdivision, which have been shown on Drouillard Drive adjacent to Lots 7 and 8, and Charbonneau Drive adjacent to Lots 18 and 19. Cluster mailbox installation (or other central mail facility) is required in a condition of subdivision approval. 33. City Engineering recommends amendment of covenant language regarding fencing, sight distances and maintenance responsibilities for short court common area parking locations. These issues have all been addressed with conditions of approval. Conclusions of Law: 1. Access to and circulation within the subdivision will meet City standards if the recommended conditions of approval are imposed. 2. Deer Creek Road complies with City Subdivision Regulations Article 3-2(3) if the required condition is imposed. 3. Charbonneau Drive, Drouillard Drive and Ordway Lane meet required public road standards if the recommended conditions are adopted. Pedestrian Access Findings of Fact: Sidewalks and Interior Pedestrian Pathways 1. The developer is proposing 5’ sidewalks with 7’ boulevards along both sides of Charbonneau Drive, Drouillard Drive and Ordway Lane in accordance with the ---PAGE BREAK--- 15 requirements of City Subdivision Regulations Article 3-2(15)(B). Required plans for the review of subdivision sidewalks are included in a condition of approval. 2. The plat shows a series of five 5’ wide pedestrian pathways along each side of greenspace corridors. In six locations these provide connections from the 8’ wide asphalt meandering pathway along the east side of Deer Creek Road to Ordway Lane. Review and approval of these pathways is required in a condition of approval. 3. City Subdivision Regulations Article 3-2(15)(D) requires 20’ wide easements for pedestrian pathways not contiguous with public access easements or rights-of-way. Staff supports the variance allowing 10’ wide pedestrian easements for the 5’ wide pedestrian pathways. Deer Creek Road Pathway 4. Walkway plans for this subdivision show an 8’ wide meandering asphalt trail within a 38’ wide park area along the eastern side of Deer Creek Road. A 450’ long section of this dedicated park is 12’ wide or less due to the extension of Interstate 90-related public road right-of-way. City Engineering recommends that the walkway connect with the east boundary of Canyon River instead of the indication that improvements under Interstate 90 are to be completed “by others.” 5. A condition of approval requires construction of the asphalt trail. This trail is required to connect the existing Canyon River trail, which terminates north of Interstate 90. 6. The 1.12 acres shown as “park” are recommended by City Engineering and City Parks and Recreation to be dedicated as common area, which is included in a condition of approval. The total acreage of dedicated common area will be reduced by the requirement to add 5’ of right-of-way for Deer Creek Road, and is estimated to be 0.13 acre. This would reduce the total dedicated acreage in this area to approximately 0.99 acre. 7. A separate condition requires that the Homeowner’s Association assume maintenance responsibility for the common area and the meandering asphalt pathway and grass/plantings within the common area. Kim Williams/Milwaukee Trails 8. The subdivision location near the Old Milwaukee railroad grade presents an opportunity for trail connections that would extend beyond the subdivision, both east and west of the subdivision and connecting with the proposed meandering asphalt pathway along Deer Creek Road. Approximately 9 miles of active trails are used in the Missoula area within the former Old Milwaukee right-of-way, and an additional connection between Catlin and Russell Streets was secured with a subdivision approval in September 2008. 9. A non-motorized trail system linking the restored Clark Fork/Blackfoot River Confluence and publicly-owned park facilities to the City of Missoula is one of the primary recommendations of the Conceptual Redevelopment Plan following removal of the Milltown Dam. This plan was prepared by the Milltown Superfund Site Redevelopment Working Group and adopted by the Missoula Board of County Commissioners in 2005 (“2005 Redevelopment Plan”). 10. The 2005 Redevelopment Plan envisions a trail system that connects the towns of Bonner and Milltown with the two-rivers confluence area, in addition to the City of Missoula and Turah. Recreation areas in Pattee Canyon and along the Blackfoot River are expected to be part of the system. 11. The Milltown Superfund Site Redevelopment Working Group encourages the Clark Fork Terrace No. 1 development to cooperate in providing high-quality trail access, including linkages along or near the former Milwaukee Road rail right-of-way. This is considered a critical link among the area’s existing and proposed trails as expressed in March 20, 2008 comments by Sue Furey, chair of the Milltown Superfund Site Redevelopment Working Group Recreation Committee. ---PAGE BREAK--- 16 12. Sue Furey commented that completion of a trail linkage through Clark Fork Terrace No. 1 would help facilitate a continuous trail from Missoula to the restored Clark Fork/Blackfoot River confluence, continuing upstream along the Blackfoot River and upstream along the Clark Fork River to Turah. These linkages are illustrated and described in the 2005 Redevelopment Plan. 13. Jackie Corday of City Parks and Recreation comments that the extension of the Milwaukee Trail remains one of the City’s highest priorities for expansion of the City’s non-motorized network. This trail would have the ability to facilitate local non-motorized commuting and has regional significance as a potential cross-continental rail-trail. The potential multi-state connection possibilities have been confirmed by the Rails-to-Trails Conservancy, which is documenting the progress of planned and completed Milwaukee Trail sections. 14. The Old Milwaukee Road presents an opportunity to create a rail-trail crossing the entire state of Montana, and connect to existing rail trails in Montana, Idaho and Washington. Improved sections as documented by the Rails-to-Trails Conservancy include the John Wayne Pioneer Trail in Washington (113 miles), and the Route of the Hiawatha in Idaho and a portion of Montana (15 miles). An additional 20 miles of Milwaukee Trail are planned to be added in the Avery, Idaho vicinity. 15. The 72 mile-long Trail of the Coeur d’ Alenes extends across most of the Idaho Panhandle, from Plummer to Mullan. This paved bicycle/pedestrian trail, which follows old Northern Pacific rail line, has undergone eastward expansion with the goal of eventually connecting to the Route of the Hiawatha in Montana as confirmed by the Friends of the Coeur d’ Alene Trails. This organization supports development and maintenance of the Trail of the Coeur d’ Alenes. 16. Jackie Corday notes that Burlington Northern Santa Fe (BNSF) will not grant a trail easement in this particular location because the former Milwaukee railroad grade has only a 5 foot separation from the active BNSF line. The likelihood of extending an easement south of the BNSF line remains but is uncertain. 17. The submittal indicates that the proposed asphalt trail design along Deer Creek Road facilitates an ultimate connection to the Clark Fork and Blackfoot Rivers. Jackie Corday notes that the existing Canyon River Loop Trail, including the extension along Deer Creek Road proposed with the subdivision, does not meet this goal. An east-west connection from the proposed pathway along Deer Creek Road, continuing eastward along the southern boundary of this subdivision, would be necessary to create a trail directed toward the confluence. 18. Jackie Corday comments that the proposed subdivision, along with the approved Clark Fork Terrace No. 2 subdivision to the east, present significant trail connection opportunities for greater Missoula and the entire western Montana region. Nearby existing pedestrian connections include the Canyon River public trail, which can serve as a recreational loop trail from the Kim Williams Trail. Clark Fork Terrace No. 2 Subdivision was approved requiring a 20’ wide non-motorized access easement along the southern boundary of the subdivision. A non-motorized access easement along the southern boundary of Clark Fork Terrace No. 1 Subdivision would extend the Milwaukee Trail from Deer Creek Road east to the river, and the aforementioned non-motorized access easement required with Clark Fork Terrace No. 2. 19. Canyon River Phase II contains a 50’ wide linear park easement for non-motorized use adjacent to the Clark Fork River. This easement extends to the southern boundary of Phase II. A trail is required to be constructed within this easement if a riverfront trail is ever constructed on the property immediately to the south (Clark Fork Terrace No. 2 subdivision). ---PAGE BREAK--- 17 20. The existing Canyon River Loop Trail north of this subdivision has a gravel surface until it turns southwest to connect to Deer Creek Road. The latter section of trail has an 8’ wide asphalt surface. The proposed 8’ wide pathway along Deer Creek road would extend the pedestrian connection southward, along the entire western subdivision boundary to its southwest corner. A pedestrian easement could be extended from this point across the southern edge of the subdivision to connect with the easement required with the Clark Fork Terrace No. 2 Subdivision. 21. A trail along the southern boundary of the subdivision could help facilitate direct, unobstructed access to the University of Montana district and downtown Missoula. A connection could provide a convenient and efficient means of accessing these areas as an alternative to the often longer, more roundabout vehicular commutes from the East Missoula/Bandman Flats vicinity. 22. A commuter trail paralleling the old Milwaukee line is the major east/west non-motorized transportation connection as listed in the Non-Motorized Transportation Plan, the Missoula Urban Area Open Space Plan, and the Master Parks and Recreation Plan for the greater Missoula area. Once completed, an east-west connection through the southern part of this subdivision would facilitate riverfront easement access within Clark Fork Terrace No. 2, a potential connection to Canyon River further north, a second connection to Canyon River via the meandering trail adjacent to Deer Creek Road (which will connect with the existing Canyon River trail), and potentially a more direct access to the existing section of Kim Williams Trail further west. These connections would serve both residents of the subdivision and the public in the East Missoula/Bandman Flats area. 23. The City-County Health Department notes that the City of Missoula has attempted to secure easements and build riverfront trails along the north side of the river with limited success, reducing the public values of the riverfront greenway. They note that if easements are not secured in the Bandman Flats area the public values of the riverfront greenway are reduced further. 24. The City-County Health Department comments that the Missoula City Council required easements for high-quality pedestrian walkways and trails along the riverfront and extending the Kim Williams and Milwaukee Trails in Clark Fork Terrace No. 2. They recommend that these assets be included in the design of Clark Fork Terrace No. 1 to enhance public health, protect public safety, and increase the livability for subdivision residents and increase the value of properties within the subdivision. 25. The City-County Health Department, in their subdivision comment letter, documented the health and safety benefits to subdivision residents as well as the public in addition to the enhancement of economic values to properties within the subdivision that are the result of pedestrian walkways and trails. 26. Documented benefits of trail construction adjacent to development include an increase in physical activity of residents, which facilitates: a. More burning of calories and weight loss associated with exercise, including persons who were physically inactive prior to trail construction; b. Decreased incidence of Type II diabetes; c. Reduced traffic congestion provided by alternative commuting options (bike/pedestrian). 27. In addition to public health and safety benefits, the City-County Health Department noted a study conducted by the Conservation Fund and Colorado State Parks, State Trails Program (1995) that documented the effects of greenways on property values and public safety. The study found that “urban trails are regarded as an amenity that helps to attract buyers and sell property.” ---PAGE BREAK--- 18 28. Subdivision Regulations Article 3-1(7) states that the subdivision design shall provide access to open space, other neighborhoods, parks, common areas, playgrounds, schools, transportation, bus stops, shopping and community facilities. 29. City Subdivision Regulations Article 3-2(15)(E) requires non-motorized transportation facilities to be continuous and provide access to all lots within the subdivision and access to adjoining developments unless exempted by these regulations, and shall provide circulation linkage or safe access to bus stops, schools, playgrounds, shopping, transportation, parks, common areas or open space, other lots, or non-motorized transport facilities and community facilities, which are existing or reasonably anticipated. 30. City Subdivision Regulations Article 3-8(7)(C) allows parks, open space, and common area dedication to be met by the establishment of a pedestrian/bicycle greenway corridor if such a corridor is determined by the Parks Department and approved by City Council to have a primarily recreational and/or commuter function. 31. City Parks and Recreation recommends a 10’ wide paved trail in a 20’ wide common area overlain with a public non-motorized access easement on the south border of the property through Lots 27, 28, 29, the eastern common area and a portion of required common area adjacent to Deer Creek Road. Boulevard Trees 32. City Subdivision Regulations Article 3-2(15)(B) requires shade trees to be planted on average 30’ centers within boulevard areas. A condition of approval requires City Parks and Recreation to review and approve plans for street tree plantings. Conclusions of Law: 1. If the recommended conditions are adopted and the variance approved, the proposed subdivision will meet the required standards for non-motorized facilities. Water & Sewer Systems Findings of Fact: 1. The proposed subdivision will be served by Mountain Water. 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. The applicant is proposing 11.10 acres of common area, and 1.12 acres of dedicated park. The proposed parkland contains the meandering asphalt trail along the east side of Deer Creek Road. 2. The total net lotted area in the subdivision is 10.0 acres. Considering proposed lot sizes, the park area dedication requirement for the subdivision per City Subdivision Regulations Article 3-8(3)(A) is 1.1 acres. 3. The common areas include two large central open spaces totaling 7.56 acres. The larger of the two of these areas includes a proposed soccer field. These two larger areas include a Bonneville Power Administration (BPA) power line easement and a proposed Yellowstone Pipeline (YPL) easement. 4. BPA noted in their comment letter that they have concerns with the activities that may occur within the BPA’s right-of-way, including but not limited to the proposed soccer field. BPA noted the landowner will need to acquire a Land Use Agreement from BPA along with ---PAGE BREAK--- 19 the County’s building permit for any portion of the owner’s development plans that lie within the BPA’s right-of-way. 5. Five common areas are proposed that provide connections from either Deer Creek Road to Ordway Lane, or from Ordway Lane to the central common area. These range in size from approximately 0.20 to 0.29 acre. 6. The plat shows two dedicated park areas containing the meandering asphalt trail adjacent to Deer Creek Road. Jackie Corday noted the high maintenance requirements for these narrow strips considering their location and comments that this 1.12 acres of proposed park should be dedicated as common area and be maintained by the Homeowner’s Association, which is required in a condition of approval. The total acreage of these areas adjacent to Deer Creek Road is expected to be reduced to 0.99 acre because of 5’ of additional required right-of-way adjacent to Deer Creek Road. 7. Jackie Corday noted that, of all the potential park needs in this subdivision and in the general area, obtaining the extension of the Milwaukee Trail along the southern boundary of this subdivision is the most important. Documents that note this trail’s importance include the Non-Motorized Transportation Plan, the Missoula Urban Area Open Space Plan, and the Master Parks and Recreation Plan for the greater Missoula area. 8. Subdivision Regulations Article 3-8(4) authorizes the governing body, in consultation with the subdivider, Planning Board, or pursuant to the recommendations of the Park Board to determine suitable locations for parks, playgrounds, and trails. 9. Jackie Corday noted that the large common areas, as well as the five transverse common area connections, should not count toward parkland dedication. 10. Jackie Corday commented that a dedicated bicycle-pedestrian easement along the southern subdivision boundary, such as that required in a condition of approval, counts toward the parkland dedication requirement per Subdivision Regulations Article 3-8(4). This permits pedestrian/bicycle greenway corridors to count toward parkland dedication if determined by the Parks Department and approved by the City Council as having primarily a recreational and/or commuter function. The total dedication amount for such a pedestrian greenway corridor is roughly 0.35 acre. 11. Jackie Corday commented that the greenspace adjacent to Deer Creek Road also counts toward the dedication total because of its function as authorized by the same regulation. This total drops to 0.99 acre with the requirement for an addition 5’ of Deer Creek Road right-of-way dedication. 12. Jackie Corday reviewed the Parks and Common Area dedication requirements with the subdivision, and noted that the larger common areas proposed are mainly undevelopable land due to criss-crossing BPA transmission lines and Yellowstone Pipeline easements. Areas not encumbered by the overhead BPA lines are wholly included within one type of easement or another. Conclusion of Law: 1. The proposed subdivision meets the parkland dedication requirement in Subdivision Regulations Article 3-8(3) with dedication of the roughly 0.35 acre greenway corridor as required in a condition of approval and the 0.99 acres adjacent to Deer Creek Road. Other proposed common areas do not meet required parkland dedication requirements. Schools Findings of Fact 1. The applicant estimates that 16 school-aged children will be added to the Missoula County Public School District with this subdivision. ---PAGE BREAK--- 20 2. Information available during review of Clark Fork Terrace No. 2 subdivision indicated that Hellgate High School students have a bus stop at the Speedway Avenue/Highway 200 intersection. Bonner School picks up elementary school-aged children at the corner of Speedway and Deer Creek Road. 3. Rachel Vielleux, Missoula County Superintendent of Schools, did not comment on the subdivision. 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. Missoula City Subdivision Regulations Article 3-7 establishes options for fire protection purposes, including residential sprinkler systems and fire hydrants. The applicant is proposing fire hydrants for the subdivision. 3. The City Fire Marshall urges that automatic fire sprinklers be installed in the homes within the subdivision. 4. The fire hydrants proposed by the applicant will be required to be installed prior to combustible construction. A condition of approval requires a fire hydrant plan approved by Missoula City Fire prior to final plat approval, with placement of hydrants required prior to building permit submittal. 5. The City Fire Marshal comments that address signs shall be visible from the street. This requirement is included in the covenants, with requirements for signs visible in all light conditions, visible from the street, with address numbers placed on a contrasting background with the numbers being at least 6 inches in size. A condition requires City Fire review of plans for address signs. 6. Dead-end roads exceeding 150 feet in length will be required to have a turnaround for fire apparatus. All short courts are less than 150 feet long, and dead-end roads currently have cul-de-sac turnarounds or are required to by a condition of approval. 7. A condition of approval requires language in the covenants notifying lot owners of the requirement for turnarounds for dead-end driveways exceeding 150 feet in length. 8. The City Fire Marshall notes that 20’ horizontal clearance will be required, which is accommodated in the 32’ wide street design. 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. The Missoula City Police Department provided comment via a CPTED Analysis (Crime Prevention Through Environmental Design). They recommend general design strategies that include natural access control, natural surveillance and territorial reinforcement. Conclusions of Law: 1. Law enforcement service will be available to the subdivision. ---PAGE BREAK--- 21 CRITERIA 3 AND 4: EFFECTS ON THE NATURAL ENVIRONMENT AND WILDLIFE AND WILDLIFE HABITAT Findings of Fact: 1. The property is located adjacent to the Clark Fork Terrace No. 2 subdivision, which is on the south bank of Clark Fork River in the general vicinity of Bandman Flats. The property is largely flat, occupying a high river terrace position. 2. Vegetation on the property is a mix of native grasses and weeds, with some scattered coniferous trees. No riparian vegetation or related environments are present on the site. 3. The County Weed district recommends a revegetation plan to address site disturbance. This is required in a condition of approval. 4. The County Weed District recommends weed control language that includes the Homeowner’s Association as being responsible for weed control. 5. Montana Fish, Wildlife and Parks (FWP), in their review of the Clark Fork Terrace No. 2 subdivision, noted that it was within white-tailed deer winter range, and is likely visited by black bears and mountain lions. 6. Montana FWP typically encourages the recording of covenants that help landowners minimize problem encounters with area wildlife. This information is contained in the subdivision covenants. Conclusions of Law: 1. Impacts to the natural environment, wildlife, or wildlife habitat will be minimized with inclusion of the proposed covenants. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: General 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 all new driveways must be paved 20’ back from the edge of the pavement or right of way boundary, whichever is greater. 4. The City-County Health Department comments that the EPA has designated Missoula County as having a high radon potential and recommends that all new construction incorporate radon resistant construction features. This information is included in the covenants. 5. The City-County Health Department comments that the covenants should allow for the possibility of solar panels as approved by the architectural control committee. The covenants appear to allow for certain limited forms of solar panels. Bicycle/Pedestrian Greenway Corridor and Facilities 6. The City-County Health Department, in citing information from the journal entitled Preventing Chronic Disease, noted that recreational trails may have the power to promote physical activity, especially among previously inactive persons. 7. A survey of residents in rural Missouri indicated that 55 percent reported they were walking more since the opening of a new trail in the vicinity, with this number rising to 62 percent for the college-educated (American Journal of Preventative Medicine). 8. The City-County Health Department notes the public health benefits that result from increased physical activity include more burning of calories and weight loss associated with exercise and decreased incidence of Type II diabetes. ---PAGE BREAK--- 22 9. The City-County Health Department reports that increased idling car emissions occur at problematic Missoula intersections at rush hour. Promotion of trails or trail connections within this subdivision would offer non-motorized commuter options that would not contribute to this problem. 10. A condition of approval requires construction of a 10’ wide asphalt trail within a 20’ wide greenway corridor (overlain with a Public Non-Motorized Access Easement) along the southern boundary of the subdivision. Floodplain 11. The subdivision is entirely out of FEMA-mapped floodplain. Basement construction on any proposed lot would be substantially higher than the 100-year flood elevation of the Clark Fork River at this location. Yellowstone Pipe Line 12. Yellowstone Pipeline (YPL) comments that a 10” high-pressure products pipeline crosses the property. It is largely contained within common area, but will be crossed by Drouillard Drive. 13. It will be necessary for the developer to enter in to an encroachment agreement with YPL. This agreement will specify requirements, liabilities and costs incurred regarding development near the pipeline. Requirements include a total of 48 inches of cover over the pipeline the entire length of the subject property. 14. An encroachment agreement is required in a condition of approval, which also requires that plans for road construction across the pipeline be reviewed and approved by YPL. The utility will also require that their right-of-way development provisions be recorded with the final plat, which is required in a condition. 15. An additional required condition of approval requires a note on the plat indicating the pipeline location. This note is also required to be in the covenants. 16. The plat shows the products pipeline within a 50’ easement, but YPL comments that they have not agreed to the easement as shown. A condition of approval requires an appropriate utility easement to be reviewed and approved by YPL prior to final plat approval. BPA Power Line 17. The Bonneville Power Administration (BPA) has a 250’ wide transmission line right-of-way that crosses the subdivision, primarily within proposed common area. Certain restrictions apply to land underneath BPA power lines. 18. BPA recommends a note on the plat outlining restrictions related to their right-of-way, which is required in a condition of approval. 19. BPA commented that a road and water line are located within the utility’s right-of-way. Roads and utilities are typically not permitted within BPA easements due to safety factors related to high-voltage transmission lines. These include electricity traveling down a utility conduit that could damage anything attached or close to a conduit, including fence posts, houses and light poles. BPA allows utility crossings but severely limits longitudinal occupation of existing easements. BPA also expressed concern with activities proposed within their right-of-way, including but not limited to the proposed soccer field. 20. BPA requires written permission for roads or utilities and all activities located within their easements, which is required in 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 required conditions are adopted. ---PAGE BREAK--- 23 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. 2. A legal ad was published in the Missoulian on 11/16/08 and 11/23/08, and in the Missoula Independent on 11/20/08 and 11/27/08. Notice of the project was posted on 11/14/08 and adjacent property owners were notified by certified mail on 11/13/08. 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. Notice of public hearing of this major subdivision was published in the Missoulian on November 16th and 23rd, 2008, and the Independent on November 20th and November 27th, 2008. Certified letters were mailed to adjacent property owners on November 13th, 2008. A poster was placed on the property boundary on November 14th, 2008. 3. The Missoula Consolidated Planning Board held a public hearing on the subdivision on December 2nd, 2008. 4. The Missoula City Council held a public hearing on the subdivision on December 22nd, 2008. The 60-day deadline is December 30th, 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. Northwestern Energy provides electricity to the subdivision. Qwest provides telephone service. ---PAGE BREAK--- 24 2. Public utility easements are located within the Charbonneau Drive, Drouillard Drive and Ordway Lane rights-of-way. 3. An overhead power line is shown near the eastern subdivision boundary within a 250’ wide BPA easement. 4. A 50’ easement is shown for the 10” YPL products pipeline. A condition of approval requires YPL review and approval of an appropriate easement per their request. 5. A sewer force main is contained within a 20’ utility easement extending from the end of the Ordway Lane cul-de-sac, across Lot 1, and continuing in Deer Creek Road. 6. A 20’ utility easement extends south from the Ordway Lane cul-de-sac on the southern end of the property, continues along the eastern property boundary of Lot 29, and finally along the southern boundary of the 0.99 acre common area to the southeast property corner. Conclusions of Law: 1. The provision of easements for utilities will be met by this subdivision if the required conditions are imposed. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Charbonneau Drive, Drouillard Drive and Ordway Lane provide legal access to subdivision lots, in addition to six proposed short courts. Drouillard Drive and Ordway Lane also provide access to the Clark Fork Terrace No. 2 subdivision and therefore are required to be within public rights-of-way. Proper dedication of public rights-of-way for all subdivision streets is required in a condition of approval. 2. A 20’ private access easement crosses Lot 32 for the use and benefit of this lot and Lot 31. 3. The following lots are served by proposed short courts: a. Lots 3-6; b. Lots 7-11; c. Lots 12-17; d. Lots 18-23; e. Lots 24-26; f. Lots 33-36. 4. These short courts are required to be contained within public access easements, and expanded common area parking easements may also be required as outlined in conditions of approval. Conclusion of Law: 1. The proposal meets physical and legal access requirements with the required conditions of approval. VII. VARIANCE REQUEST 1. A variance from Article 3-2(15)(D) of the Missoula City Subdivision Regulations to permit 10’ public non-motorized access easements along common area connections. RECOMMENDATION The Office of Planning and Grants recommends approval of the variance request, based on the following findings of fact: 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. ---PAGE BREAK--- 25 City Engineering could not identify a health and safety problem with the two 10’ wide non-motorized access easements that contain the 5’ wide sidewalks on either side of five common area strips. B. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. The common area strips on the property provide a central green faced by homes and are a unique design feature, as are the sidewalks that provide multiple east-west connections through the subdivision. The full 20’ easement width would be more appropriate for long, single walkways separate from public rights-of-way. 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 is enforced. The excess easement area would not affect the width of the improvement, and would provide little if any additional function. D. The variance will not in any manner violate the provisions of the Missoula County Zoning Resolutions or the Missoula County Comprehensive Plan or master plan areas. The variance will not violate the intent of the provisions of the Missoula County Comprehensive Plan. E. The variance will not cause an increase in public costs. No public facilities are altered with the granting of this variance. VIII. ATTACHMENTS A. Project History Form B. Comment Letter from City Fire ---PAGE BREAK--- ATTACHMENT A SUBDIVISION PROJECT HISTORY Project : Clark Fork Terrace No. 1 Applicant: Neighborhoods by Design, LLC Representative: WGM Group, Inc. Dates 9/8/06 Preapp Present: Nick Kaufman (WGM), Dave Shaw, Jackie Corday (Parks), Tim Worley (OPG). Scoping/ Pre- application Meetings Neighborhood Meetings 10/13/07 Element/Sufficien cy Review Submitted 7/29/08 8/8/08 5 Day Deadline 8/5/08 8/14/08 9/10/08 10/1/08 Certified-Y/N N Y (Element Cert) N Y (Sufficiency) Submittal Received 9/16/08 Accepted 9/17/08 35/60 Day Deadline 12/30/08 Planning Board 12/2/08 Planning Status/PAZ 12/10/08 12/17/08 BCC/CC 12/22/08 Public Notice Poster 11/14/08 Legal Ad 11/16/08, 11/23/08 (Missoulian); 11/20/08 11/27/08 (Independent) APO letters 11/13/08