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CONDITIONS OF APPROVAL THE GABLES SUBDIVISION IN THREE PHASES June 5, 2009 Roads/Sidewalks/Boulevards 1. Plans for installing curb/gutter and paving the portion of South Third Street West 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 Phase 1 final plat approval. Subdivision Regulations Article 3-2(3), 3-2(9), 3-2(14) and City Engineering recommendation. 2. Plans for installing curb/gutter, storm sewer facilities and paving the portion of Hiberta Street adjacent to this subdivision to a 16’ width from back-of-curb to centerline of right-of-way shall be reviewed and approved by the City Engineer prior to Phase 2 final plat approval. Subdivision Regulations Article 3-2(3), 3-2(9), 3-2(14) and City Engineering recommendation. 3. Plans for installing curb/gutter, storm sewer facilities and paving Summerfield Drive and Charleston Street to 32’ width from back-of-curb to back-of-curb shall be reviewed and approved by the City Engineer prior to Phase 2 final plat approval for Summerfield Drive and Phase 3 final plat approval for Charleston Street. Subdivision Regulations Article 3-2(3), 3-2(9), 3-2(14) and City Engineering recommendation. 4. The RSID waiver shall be amended to include South Third Street West, Hiberta Street, Summerfield Drive and Charleston Street subject to review and approval of OPG prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-2(3)(E) and OPG recommendation. 5. Plans for the Winston Lane short court, including but not limited to overflow parking shall be reviewed and approved by the City Engineer and included in the covenants, subject to OPG approval prior to Phase 2 final plat approval. If overflow parking is required, maintenance responsibilities shall be included in the covenants and an overflow parking easement shall be shown on the Phase 2 final plat, subject to review and approval by OPG prior to Phase 2 final plat approval. Subdivision Regulations Article 3-2(I)(7)(d) and OPG recommendation. 6. Final driveway design for Lots 20 and 21, including paving and locations to provide adequate backing area onto the short court, shall be reviewed and approved by the City Engineer prior to building permit approval. All driveways shall be at least twenty (20) feet long, measured from face of garage to back of curb on the short court street. Subdivision Regulations 3-2(16)(A), 3- 3-2(I)(7)(d) and OPG recommendation. 7. The homes on Lots 22-30 shall be accessed from the alley, and this requirement shall be included in the covenants in a section that cannot be amended without prior written consent of the governing body, subject to OPG approval prior to Phase 1 final plat approval. Subdivision Regulations 3-1(I) and OPG recommendation. ---PAGE BREAK--- 8. Final driveway design for Lots 1, 2 and 11, lots with existing dwellings as shown on the plat dated April 2006, shall be reviewed and approved by the City Engineer and driveways shall be paved prior to Phase 1 final plat approval for Lots 1 and 2, and Phase 2 final plat approval for Lot 11. The covenants shall be amended to include the requirement that all subdivision driveways be paved. Subdivision Regulations 3-2(16)(A, 3-2(2)(A), 3-2(I)(7d) and OPG recommendation. 9. Plans for installation of 5’ sidewalks with 7’ boulevards on both sides of Summerfield Drive and Charleston Street and the north side of Third Street shall be reviewed and approved by the City Engineer prior to Phase 2 final plat approval for Summerfield Drive, and Phase 3 final plat approval for Charleston Street. Subdivision Regulations Article 3-2(15)(A-C) and City Engineering recommendation. 10. The plat shall be revised to show a 1’ no-access strip along the Hiberta Street frontage of Lots 26-30 and Lot 42 prior to final plat approval of the appropriate phase. A deed restriction shall be filed prior to Phase 1 final plat approval, subject to City Attorney and City Engineer approval, that includes the language "No access shall be located along the Hiberta Street frontage of Lots 26-30 and Lot 42 subject to City Engineer approval." Subdivision Regulations Article 3- 2(1)(E) and City Engineering recommendation. 11. A 1’ public sidewalk maintenance easement shall be granted along the South Third Street West frontage of the subdivision and shall be shown on the plat prior to Phase 1 final plat approval. Subdivision Regulations Article 3-2(1)(C) and City Engineering recommendation. 12. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-2(15)(B) and OPG recommendation. Fire/Emergency Response 13. Plans for address signs and location of hydrants prior to combustible construction for the new homes shall be reviewed and approved by the City Fire Department prior to building permit submittal. Subdivision Regulations Article 3-2(2)(G), 3-7 and City Fire Department recommendation. Groundwater/Irrigation Ditch 14. A Dike Maintenance Easement shall be shown on the Phase 1 final plat and shall be reviewed and approved by the Floodplain Administrator prior to Phase 1 final plat approval. The Riparian Resource Management Plan shall be amended to include information about levee maintenance requirements carried out by the local sponsor of the Army Corps of Engineers, including but not limited to tree removal, structural repair and motorized access, subject to review and approval by OPG prior to Phase 1 final plat approval. Subdivision Regulations Article 3-6 and Floodplain Administrator recommendation. 15. An irrigation ditch easement for the overflow ditch shall be reviewed and approved by the Missoula Irrigation District and the Orchard Homes Ditch Company prior to Phase 2 final plat approval. Subdivision Regulations Article 3-6, MCA 76-3-504(K)(1) and OPG recommendation. ---PAGE BREAK--- 16. An easement shall be shown on the final plat for the irrigation ditch that parallels Hiberta Street to be reviewed and approved by the Missoula Irrigation District prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-6 and OPG recommendation. 17. The planned road crossings of the ditch that parallels Hiberta Street shall be submitted to and approved by the Missoula Irrigation District prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-6, MCA 85-7-1922 and OPG recommendation. Grading, Drainage, Erosion Control and Floodplain 18. Final plans for grading, drainage and erosion control shall be reviewed and approved by City Engineering and the Floodplain Administrator prior to final plat approval of the appropriate phase. If the final plans show roadways beneath the 100-year flood elevation, a note shall be placed on the plat and in the covenants indicating the roads would not be passable in a 100-year flood event, with wording to be reviewed and approved by the Floodplain Administrator prior to final plat approval of the appropriate phase. Subdivision Regulations Articles 3-4(1), 3-1(1)(B) and Floodplain Administrator recommendation. 19. The developer or individual lot owners shall include pre-construction elevation certificates at the time of Zoning Compliance Permit submittal documenting the lowest floor and utility elevations with post-construction elevation certificates submitted upon building completion. Fill for building sites shall be compacted to 95% proctor as certified by a geotechnical engineer. Language shall be included in the Covenants subject to OPG approval prior to final plat approval and a note shall be placed on the final plat that states the following: “The lowest floor elevation, including basements, mechanical equipment, and ductwork shall be a minimum of 2’ above base flood elevation. Pre- construction elevation certificates shall be required at the time of Zoning Compliance Permit submittal documenting the lowest floor and utility elevations, with post-construction elevation certificates submitted upon building completion. All building sites shall be compacted to 95% proctor as certified by a geotechnical engineer.” Subdivision Regulations Article 3- 1(1)(B) and Floodplain Administrator recommendation. Natural Environment/Health and Safety 20. The Area of Riparian Resource and buffer on the plat shall include the label “No Build/No Improvement Zone—see Riparian Resource Management Plan for details.” Exceptions permitting disturbance for the construction of Hiberta Street, the alley, drainage swales, and the extension of the sewer line shall be included in the Riparian Resource Management Plan and include restoration requirements. The Riparian Resource Management Plan shall be amended to include necessary changes based on the plat dated April 2006 subject to OPG approval, prior to final plat approval of the appropriate phase. Subdivision Regulations Article 3-13(9) and City Parks & Recreation recommendation. 21. Article II, Section 28 of the covenants shall be amended to require the lot owners and the Homeowner’s Association to revegetate any ground disturbance with beneficial species at the first appropriate opportunity after ---PAGE BREAK--- the disturbance occurs. A Revegetation Plan for disturbed sites shall be submitted to and approved by the Missoula County Weed Board and shall be included as an attachment to the covenants prior to Phase 1 final plat approval. Subdivision Regulations Article 3-1(1)(B) and Missoula County Weed District recommendation. 22. Plans for removal of the two black cottonwood trees on Lot 41 following the 2006 nesting season shall be reviewed and approved by Parks and Recreation prior to Phase 3 final plat approval. Subdivision Regulations 3-1(2), 3-1(10) and City Parks and Recreation recommendation. Covenants 23. The covenants shall contain a section notifying potential owners that lots 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 Phase 1 final plat approval. MCA 76-3-504(1)(k)(ii)(A) and OPG recommendation. 24. Article III, Section 2 (“Amendment”) shall be amended to include irrigated land, radon, address signage, paved driveways, no-access for Lots 26-30 and 42, short court parking and the Riparian Resource Management Plan as sections of the covenants that may not be amended without Governing Body approval, prior to Phase 1 final plat approval. Subdivision Regulations Article 3-1(10) and OPG recommendation. 25. The covenants shall be amended to include the following section subject to OPG approval, prior to Phase 1 final plat approval: Living with Wildlife Homeowners must accept the responsibility of living with wildlife and must be responsible for protecting their vegetation from damage, confining their pets, and properly storing garbage, pet food, livestock feed and other potential attractants. Homeowners must be aware of potential problems associated with the occasional presence of wildlife such as white-tailed and mule deer, black bear, mountain lion, fox, raccoon, skunk, squirrels and magpie. Please contact the Montana Fish, Wildlife & Parks office in Missoula (3201 Spurgin Road, Missoula, MT 59804) for brochures that can help homeowners “live with wildlife.” Alternatively, see the Education portion of FWP’s web site at www.fwp.mt.gov. The following covenants are designed to help minimize problems that homeowners could have with wildlife, as well as helping homeowners protect themselves, their property and the wildlife that Montanans value. a. Homeowners must be aware of the potential for vegetation damage by wildlife, particularly from deer feeding on green lawns, gardens, flowers, ornamental shrubs and trees in this subdivision. Homeowners should be prepared to take the responsibility to plant non-palatable vegetation or protect their vegetation (fencing, netting, repellents) in order to avoid ---PAGE BREAK--- problems. Also, consider landscaping with native vegetation that is less likely to suffer extensive feeding damage by deer. b. Gardens and fruit trees can attract wildlife such as deer and bears. Keep produce and fruit picked and off the ground, because ripe or rotting vegetable material can attract bears and skunks. To help keep wildlife such as deer out of gardens, fences should be 8 feet or taller. Netting over gardens can help deter birds from eating berries. c. Garbage should be stored in secure animal-resistant containers or indoors to avoid attracting animals such as bears, raccoons, and other wildlife. If stored indoors, it is best not to set garbage cans out until the morning of garbage pickup; bring cans back indoors by the end of the day. d. Do not feed wildlife or offer supplements (such as salt blocks), attractants, or bait for deer or other wildlife. Feeding wildlife results in unnatural concentrations of animals that could lead to overuse of vegetation and disease transmission. Such actions unnecessarily accustom wild animals to humans, which can be dangerous for both. It is against state law (MCA 87-3-130) to purposely or knowingly attract bears with supplemental food attractants (any food, garbage, or other attractant for game animals) or to provide supplemental feed attractants in a manner that results in “an artificial concentration of game animals that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.” Also, homeowners must be aware that deer might occasionally attract mountain lions to the area. e. Birdseed can attract bears. If used, bird feeders should: 1) be suspended a minimum of 20 feet above ground level, 2) be at least 4 feet from any support poles or points, and 3) should be designed with a catch plate located below the feeder and fixed such that it collects the seed knocked off the feeder by feeding birds. f. Pets must be confined to the house, in a fenced yard, or in an outdoor kennel area when not under the direct control of the owner, and not be allowed to roam as they can chase and kill big game and small birds and mammals. Keeping pets confined also helps protect them from predatory wildlife. Under current state law it is illegal for dogs to chase hoofed game animals and the owner may also be held guilty (MCA 87-3- 124). g. Pet food should be stored indoors, in closed sheds or in animal-resistant containers in order to avoid attracting wildlife such skunks, raccoons, and other wildlife. When feeding pets do not leave food out overnight. Consider feeding pets indoors so that wild animals such as bear, skunk or magpie do not learn to associate food with your home. h. Barbecue grills should be stored indoors. Keep all portions of the barbecues clean. Food spills and smells on and near the grill can attract bears and other wildlife. i. Consider boundary fencing that is no higher than 3-1/2 feet (at the top rail or wire) and no lower than 18 inches (at the bottom rail or wire) in ---PAGE BREAK--- order to facilitate wildlife movement and help avoid animals such as deer becoming entangled in the fence or injuring themselves when trying to jump the fence. We encourage the use of split rail fences or other wildlife-friendly desgins. j. Compost piles can attract skunks and bears. Compost piles should be limited to grass, leaves, and garden clippings, and piles should be turned regularly. Adding lime can reduce smells and help decomposition. Do not add food scraps. (Kitchen scraps could be composted indoors in a worm box with minimum odor and the finished compost can later be added to garden soil.) k. Residents of this subdivision must recognize that the subdivision is located about a quarter-mile from the Clark Fork River and/or its associated sloughs and wetlands, where lawful waterfowl hunting and the associated discharge of shotguns could occur from early morning until sunset, and the season can run from September into January. 26.The Phase 2 final plat shall show a 20’ pedestrian easement on Winston Lane extending to the common area. PAZ recommendation.