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Attachment A April 30, 2010 Pg 1 Summary of Planning Board Motions for Amendments City Subdivision Regulations 1) Reference: 2-020.5 and new pg 2-3 Add a definition of “agricultural land” restating the last sentence of the current definition of agriculture. .6 Agricultural Land: Land used for agriculture or having a soil type defined by the Natural Resources Conservation Service as having agricultural importance, including prime farmland, farmland of statewide importance, and farmland of local importance. 2) Reference 2-020.10, pg 2-4 Add a definition for “biologically sensitive lands” and “ridgeline” to dovetail with Title 20. 3) Reference: 2-020.21 and .24, pg 2-5 Add definitions for Cluster and Conservation and include references to 3-150. 4) Reference: 2-020.53, pg 2-8 Amend the definition of “Grade, Existing” as follows: The grade or elevation of the ground surface after at the time a pre-application meeting is held approval of the final plat and before human alteration, such as grading, grubbing, filling, or excavating.” 5) Reference: 2-020.64 Lots, pg 2-9 Provide a commentary describing the cross-reference for lots in subdivision to parcels in zoning. 6) Reference: 2-020.83 pg 2-11 and 3-120.1, pg 3-34 Replace the definition of PUD to better reflect the intent described under 3-120 and include a cross-reference to that section. The purpose statement (3-120.1) should be revised to state the following (reinstating existing language): The intent of this section is to provide flexibility in certain subdivision standards, allowing the subdivider creativity in subdivision design. The PUD, Planned Unit Development regulations of this section are intended to accommodate a land development project, consisting of residential clusters, industrial parks, shopping centers, or office building parks, 7) Reference: 2-020.100, 101 & new 102, pg 2-14 Amend the definitions section to include three separate definitions addressing “riparian” issues, renumber accordingly, and repair any references that are not correct in subsequent articles of the subdivision regulations to reflect the new definitions. ---PAGE BREAK--- Attachment A April 30, 2010 Pg 2 .100 Riparian Buffer Area An area of varying width extending from the edge of a delineated riparian resource area, where development may have a negative impact on wildlife habitat, water quality and quantity, fish, or other aquatic resources.” .101 Riparian Resource Area A stream, wet meadow, woody draw, wetland or other body of water and land containing any of the habitat or community types listed in Exhibit including the adjacent riparian buffer area.” .102 Riparian Resource Area” An area containing a riparian resource and its associated riparian buffer. 8) Reference: 2-020.129, pg 2-18 Amend the definition of Wildland Urban Interface as follows, using the more current definition from the International Wildland-Urban Interface Code: That geographic area where structures and other human development meets or intermingles with wildland or vegetative fuels. 9) Reference: 3-030.1.A, pg 3-19 Amend the section as follows clarifying that each lot intended to be built upon must have a satisfactory building site: Each lot intended to be built upon must contain a satisfactory building site that is properly related to topography and that conforms to these regulations and to health department, zoning, and floodplain regulations. 10) Reference: 3-070.2 through pg 3-24 Amend the following sub-sections, clarifying terms: 3-070.2: Change municipal to public 3-070.4: Add “as defined by ARM17.36-101” to the end of the first sentence. 3-070.4 and Change all reference to public water to “public water supply system.” 11) Reference: 3-100.7, pg 3-30 Amend this section to revert back to the original language. 12) Reference: 3-130.3, pg 3-38 Amend Designation of Riparian Resource Area to say the following: Riparian resource areas Riparian resource areas, riparian resources, and riparian buffers must be designated with bearings and distances. 13) Reference: 3-130.4C, pg 3-38 Amend section .4 to include new subsection C as follows: C. The riparian management plan shall provide a provision that all owners are subject to and must abide by the riparian management plan. ---PAGE BREAK--- Attachment A April 30, 2010 Pg 3 14) Reference: 3-130.5B, pg 3-39 Amend section B of subdivision prohibition by removing the first sentence as follows: Subdivisions that encompass riparian resources must place development outside the riparian resource areas. No development of any kind or removal of vegetation may be approved within riparian resource areas, except 15) Reference: 3-130.6, pg 3-39 Add an exception for emergency vehicle access as follows: Road construction is prohibited within riparian resource areas except in cases where there is no other practical route to access the subdivision or where it is necessary to provide emergency access to adjacent parcels. Road construction for any 16) Reference: 3-140 and 3-150 (new) Add “place holders” for regulations to be discussed and added at a later time. These include biologically sensitive lands, agriculture, and wildland fire. These “place holders” should be placed between the Hillside Protection regulations and Cluster and Conservation Development regulations, currently referenced as section 3-140 and 3-150 respectively, and numbered accordingly. 17) Reference 5-020.7, pg 5-4 Amend this section to include reference to consideration of wild land fire as well. Including education and school bus routes; transit routes, roads and maintenance, water, sewage and fire and consideration of wild land fire and police protection (per MCA 76-3-603(c)). 18) Reference: 5-020.14M, pg 5-10 and pg 5-11 Amend this section of to be consistent with changes made previously in the definitions chapter. If the property contains agriculture or agricultural land “prime farmland” or “prime farmland if irrigated”, provide a soils assessment for the entire property that includes at a minimum … … slope of 15% or greater or other areas that the director of office of planning and grants determines to have very limited or no agricultural prime farmland potential. 19) Reference: 8-040.4E.(2)(d), pg 8-7 Replace the proposed revised text for this section with the following: For lots that have fee-simple access to two (or fewer) public roads rearrangement of redesign that results in elimination of an existing access or reduction of such access to less than 5 feet in width. Rearrangement or redesign of lots that results in elimination of existing access or reduction of access to less than 5 feet in width. ---PAGE BREAK--- Attachment A April 30, 2010 Pg 4 Summary Motion: That the proposed amendments to Missoula City Subdivision Regulations Article 1 through 9 as shown in Attachment B and referred to as the “Planning Board draft” as amended on April 6 and April 20th by Planning Board be recommended to the City Council for approval. Other Motions not resulting in Amendments: Approve changes in the document that are due to changes in State Law: Based on SB305 and HB486. Planning Board recommends to the City Council and County Commissioners, that future revision to the subdivision regulations should address wild land fire from a resource protection perspective as well as a health and safety perspective. This does not require a revision to the current subdivision regulations.