Document Missoula_doc_d2343da19c

MISSOULA OFFICE OF PLANNING & GRANTS 435 Ryman MISSOULA MT 59802-4292 PHONE: (406) 258-4657 MISSOULA COUNTY Kevin Shelter West Inc. P.O. Box 4746 Missoula, MT 59806 May 27, 2005 RE: 44 Ranch Subdivision Dear Mr. At its regularly scheduled meeting of May 16, 2005, the Missoula City Council voted unanimously on the consent agenda to approve the 44 Ranch Subdivision subject to the 30 conditions in the attached document entitled “Conditions of Approval”. The reasons for the decision to approve the subdivision, including the imposition of any condition of approval, may also be found in the attached document entitled “Findings of Fact and Conclusions of Law”. As part of this action, the City Council took action on the following variances: 1. THAT the variance request to vary from Article 3-2(15)(B) of the City Subdivision Regulations requiring a 10’ landscaped boulevard on Cattle Drive be approved based on the findings of fact in the staff report. 2. THAT the variance request to vary from Article 3-3(1)(E) of the City Subdivision Regulations requiring a 60’ minimum lot width be approved based on the findings of fact in the staff report. 3. THAT the variance request from Article 3-2(14) and 3-2(15)(A)(ii) of the City Subdivision Regulation requiring curbs, gutters, and sidewalks on George Elmer Drive be conditionally approved based on the PAZ findings of fact and conditions of approval. If you wish to appeal this decision you must follow the procedure established by M.C.A. §76-3-625(2) which states as follows: A party . . . who is aggrieved by a decision of the governing body to approve, conditionally approve, or disapprove a proposed preliminary plat or final subdivision plat may, within 30 days after the decision, appeal to the district court in the county in which the property involved is located. The petition must specify the grounds upon which the appeal is made. Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- The statute includes within the definition of an aggrieved party, the applicant. If you have any questions or concerns with regard to this matter, please do not hesitate to contact us at 258-4657. The deadline to submit the plat for final plat approval is October 4, 2006. You must submit the final plat by this date or request an extension to the effective period of plat approval. If you have further questions, please contact me at 258-3803 or email me at [EMAIL REDACTED]. Sincerely, Dale McCormick Planner, OPG Cc: Nick Kaufman, WGM Group, Inc. Denise Alexander, OPG Lettie Hannakko, OPG Casey Wilson, OPG Steve King, City Engineer Bob Rajala, City Fire Marshal Jackie Corday, Parks and Recreation Department Missoula Consolidated Planning Board Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 1 CONDITIONS OF APPROVAL 44 RANCH SUBDIVISION May 16, 2005 1. The 44 Ranch Special Zoning District shall be adopted prior to final plat approval. Subdivision Regulations Article 3-1(1)(B). Roads 2. The following statement shall appear on the face of the plat and in each instrument of conveyance: “Acceptance of a deed for a lot within this subdivision constitutes assent of the lot owner to waive the right to protest a future RSID/SID for improvements including but not limited to the installation of paving, drainage facilities, curbs and gutters, pedestrian walkways or bikeways to George Elmer Drive, Half Hitch Drive, Shindig Drive, and all streets within the Windsor 44 Ranch subdivision, based on benefit. The waiver shall run with the land and shall be binding on the transferees, successors, and assigns of the owners of the land." Subdivision Regulations Article 3-2(3)(E) and OPG recommendation 3. Plans for the design of the intersection of Mullan Road with George Elmer Drive including all necessary improvements shall be reviewed and approved by City and County Public Works and the Montana Department of Transportation prior to final plat approval. These improvements shall be installed prior to final plat approval of Phase 2. Subdivision Regulations Articles 3-1(1)(E), and OPG recommendation 4. Plans for Half Hitch Drive and George Elmer Drive shall include striped bike lanes subject to review and approval of the Bike/Ped. Program Manager prior to final plat approval. 3-1(6) City Public Works and OPG recommendation. 5. A roundabout shall be installed at the intersection of Half Hitch Drive and Cattle Drive and George Elmer Drive and Cattle Drive within a 140’ diameter right-of-way and traffic calming features shall be installed on local streets 3-1(6) City Public Works and OPG recommendation. 6. Alley access shall be required of all lots less than 60’ wide adjacent to an alley and a 1’ no- access strip between the lot and the street shall be placed on all lots less than 60’ wide with alley access subject to review and approval of the City Public Works Department and City Fire Department. 3-1(6) City Public Works and OPG recommendation. 7. Branding Iron Drive shall connect to Shindig Drive in a 60’ right-of-way with a 20’ wide public pedestrian and emergency vehicle access constructed in the location of proposed Lot 505 subject to review and approval of the City Public Works Department and City Fire Department. Subdivision Regulations Article 3-2(1)(E) City Public Works and OPG recommendation. 8. The exact location of the GLO right-of-way extension of Shinding Drive shall be identified and plans for the intersection of Shindig Drive and Hiawatha Road shall be reviewed and approved by City and County Public Works prior to final plat approval of the phase that includes the intersection of Shindig Drive and Hiawatha Road. Subdivision Regulations Articles 3-1(1)(E), and OPG recommendation 9. Final grading and drainage plans shall be reviewed and approved by the City and County Public Works Departments prior to final plat approval of Phase 1. Subdivision Regulations Article 3-1(2) City –County Health Department and OPG recommendation 10. Street lights shall be provided on Shindig Drive, Half Hitch Drive, and Cattle Drive subject to review and approval of the City Public Works Department. Subdivision Regulations Article 3-1(6), 3-2(11)(B) City Public Works and OPG recommendation. Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 2 11. Improvements to the parks, boulevards and common areas shall be installed concurrently with the approved subdivision phase where the improvements are located. Subdivision Regulations Article 3-8 and OPG recommendation 12. A plan for the location of cluster mailboxes if required, shall be submitted for review and approval by the City Engineer and the Postmaster prior to final plat approval. Subdivision Regulations Article 3-1(6) and City Public Works recommendation. 13. The developer shall petition for annexation into the Missoula Urban Transportation District prior to final plat approval. Subdivision Regulations 3-1(1), 3-2(1) and MUTD recommendation. Irrigation Ditches 14. The irrigation ditch easements on the property shall be delineated on the final plat subject to review and approval of the Hellgate Valley Irrigation Compay prior to final plat approval. Subdivision Regulations Article 3-6, and OPG recommendation. 15. In accordance with MCA 76-3-504(1)(j), either irrigation easements shall be provided to each lot in the subdivision; or the subdivider shall either have the water rights removed and shown on the face of the final plat; or the covenants shall be amended prior to final plat approval to include notification that the land is classified as irrigated and may continue to be assessed for irrigation water delivery even though the water may not be deliverable subject to review and approval by OPG prior to final plat approval. MCA 76-3-504 and Subdivision Regulations Article 4-1(13) and OPG recommendation. Parks 16. All common areas shall be dedicated as a public park or as common areas, subject to review and approval of the Parks and Recreation Department. Plans for improvements to be installed by the developer including but not limited to finish grading, trees, commercial- grade irrigation system and seeding of the Park shall be reviewed and approved by Parks & Recreation prior to final plat approval of the relative phase. The 5.86-acre park shall not be used for surface detention/retention drainage facilities. Subdivision Regulations Article 3- 8(1)(F) Parks and Recreation and OPG recommendation Fire 17. An emergency vehicle turnaround shall be constructed at the west end of Chuck Wagon Way subject to review and approval of the City Fire and Public Works Departments. Subdivision Regulations Article 3-2(1)(E), City Fire Department and OPG recommendation. 18. Final plans for fire suppression water flow and hydrant placement shall be reviewed and approved by City Engineering and City Fire Department prior to final plat approval. Fire hydrants subject to the review and approval of the City Engineer and City Fire Department shall be installed prior to issuance of the first building permit. Subdivision Regulations Article 3-2(1)(E), City Fire Department and OPG recommendation. 19. All residences within this subdivision shall post address signs visible from the street. Plans for these signs shall be reviewed and approved by the City Fire Department and included in the covenants prior to final plat approval. Subdivision Regulations Article 3- Fire Department and OPG recommendation. Floodplain 20. A note shall be placed on the final plat and in the covenants that states the following: “Basements shall be prohibited in all phases until such time as the developer provides sufficient evidence to the appropriate agencies that no threat to the public safety or loss of property will result in those areas proposed for basements. In Phases west of Belt Buckle Way, the lowest finished floor, of any structure and mechanical equipment shall be at least 2’ above the 100-year flood elevation of Grant Creek as established by HDR, Inc. Pre and post construction Elevation Certificates shall be submitted documenting the Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 3 lowest floor and utility elevations are a minimum of 2’ above the base flood elevation.” Subdivision Regulations Article3-1(1)(B), and Floodplain Administrator recommendation. Covenants 20. An avigation easement shall be obtained and included in the covenants for the property in compliance with the Airport Influence Area Resolution prior to final plat approval of Phase 1. Subdivision Regulations Article 3-1(2) and Airport Authority recommendation. 21. The covenants shall be amended to include the following section: “Radon Mitigation: EPA has designated Missoula County as having a high radon potential (Zone All residences should incorporate passive radon mitigation systems into the design.” prior to final plat approval. (Subdivision Regulations Article 3-1(1)(D) and Missoula Health Department and OPG recommendation)Special Zoning District shall be adopted prior to final plat approval. Subdivision Regulations Article 3-1(1)(B). 22. A note shall be placed on the final plat and in the covenants that states the following: “This property is in the Airport Influence Area and subject to the requirements of the Airport Influence Area Resolution. The 44 Ranch Subdivision may also be within an Extended Approach and Departure Zone for a proposed second runway as shown in the Airport Authority’s 2004 Plan and lot owners should be aware of the resultant safety risk. Lot owners should consult the Airport Layout Plan and any relevant documents to determine the status of the proposed runway location at the time of purchase.”” (MCA 67-4-201, Missoula County Airport Authority and OPG recommendation) 23. The proposed 5.86-acre common area park located in proposed Phase 16 shall be relocated to Phase 1 and the proposed 3.37-acre park located in Phase 1 shall be relocated to proposed Phase 16. Subdivision Regulations Article 3-8(1)(F) Parks and Recreation and OPG recommendation 24. Fenceline Drive shall extend to the north boundary of the 44 Ranch subdivision in the vicinity of Lot 282. Subdivision Regulations Article 3-2(1)(E) City Public Works and OPG recommendation. 25. The alleys parallel with George Elmer Drive shall be deleted and the alleys perpendicular to George Elmer Drive east of Latigo Drive shall intersect with George Elmer Drive. Except where streets or alleys intersect, a one-foot no-access strip shall be placed between the lots and George Elmer Drive. Subdivision Regulations Article 3-2(1)(E) City Public Works and OPG recommendation. 26. All lots that do not have alley access shall have a minimum lot width of 60’. Subdivision Regulations Articles 3-3(1)(E), 3-2(1)(E) and OPG recommendation. 27. George Elmer Drive shall be constructed with 6’wide concrete sidewalks and a 10’ wide landscaped boulevard along the west side of the road fronting the subdivision. Subdivision Regulations Article 3-2(15)(B) City Public Works and OPG recommendation. 28. Half Hitch Road shall be designed as an arterial, to replace Roundup Drive in the Collector Roadway System, from Mullan Road to the north boundary of the 44 Ranch subdivision subject to review and approval of the City Public Works Department, County Public Works Department and Montana Department of Transportation. Subdivision Regulations Articles 3-1(1)(E), and PAZ recommendation 29. Plans for the design of the intersection of Mullan Road with Half Hitch Drive including all necessary improvements shall be reviewed and approved by City and County Public Works and the Montana Department of Transportation prior to final plat approval. These improvements shall be installed prior to final plat approval of Phase 7. Subdivision Regulations Articles 3-1(1)(E), and PAZ recommendation Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW 44 RANCH SUBDIVISION MAY 16, 2005 ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: 1. This is a proposal from Shelter West, Inc. for approval of the 44 Ranch subdivision, 545 residential lots on a 132.08-acre parcel. The property is located north of the Forty-Four Ranch Estates Subdivision north of Mullan Road, and is accessed from Roundup Drive. The applicable amendment to the Growth Policy is the 1998 Missoula Urban Area Comprehensive Plan Update. 2. The property is designated “Residential – two dwelling units per acre”. 3. The property is within the Primary Urban Growth Area. The Urban Growth Area is “the area in which high density residential, commercial, and industrial development is encouraged to locate. This area is generally considered to be appropriate for all urban –density residential development when there are no environmental constraints and where the public services necessary to support high density uses (most notable public transportation and public sewer) are present.” (MUACP, page 68). 4. The applicant has requested a Special Zoning District for this property which permits a higher density of uses. Staff has recommended approval of this rezoning as a condition of subdivision approval. (Condition 5. There are two proposed residential sub-districts; A-1, which has a minimum lot size of 17,000 square feet; and A-2 which has a minimum lot size of 4,000 square feet. 6. The Airport Authority has taken actions towards purchasing lands surrounding the airport for a second runway, coordinating with FAA, and preparing a draft Environmental Assessment. Should the runway be developed safety concerns to land uses in the vicinity have been raised. 7. Portions of the northwest corner and much of the eastern half of the property are constrained by the Extended Approach and Departure Area (EADA) as expressed in the agency comment letter from the Missoula Airport Authority. The EADA is based on a new runway separated from the centerline of the existing main runway as based on the 2002 California Airport Land Use Planning Handbook as expressed at the December 7, 2004 Missoula Consolidated Planning Board meeting. 8. A letter dated March 29, 2005 from Carolynn Fagan, the attorney representing the Missoula County Airport Authority (Attachment C) states: “If the subdivision is approved and constructed, the Airport strongly recommends that all potential home buyers receive a written disclosure that the Property is within the Airport Influence Area and that a second runway is being proposed. Staff is recommending a condition that the following language be included as a statement on the final plat: “This property is in the Airport Influence Area and subject to the requirements of the Airport Influence Area Resolution. The 44 Ranch Subdivision may also be within an Extended Approach and Departure Zone for a proposed second runway as shown in the Airport Authority’s 2004 Plan and lot owners should be aware of the resultant safety risk. Lot owners should consult the Airport Layout Plan and any relevant documents to determine the status of the proposed runway location at the time of purchase.” (Condition # 23) Conclusion of Law: Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 5 1. If the rezoning request for the subject property is approved, subject to staff’s recommended conditions, the proposed subdivision will be in substantial compliance with goals and objectives of the Missoula Urban Area Comprehensive Plan 1998Update. PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. The property is currently being used for agricultural purposes. 2. The soils are classified as Aquic Haploxerolls, 0-2% slopes and Desmet loam, 0-2% slopes. 3. The Missoula Conservation District identifies the Grassvalley Aquic Haploxerolls, 0-2% slopes soil as a farmland soil of local importance and the Desmet loam, 0-2% slopes as a Prime Farmland Soil if irrigated . The Natural Resources Conservation Service was contacted as a review agency and had no adverse comment on the proposed subdivision. 4. There are several existing active irrigation ditches connected to the Ditch, controlled by the Hellgate Valley Irrigation Company as shown on the Irrigation Ditch Exhibit. These will be closed, relocated, or put in underground pipes. 5. Staff is recommending a condition of approval that irrigation ditch easement plans be reviewed and approved by the Hellgate Valley Irrigation Company and be shown on the final plat. (Condition #14) 6. State law, MCA 76-3-504 states that establishment of easements for each owner is not required if the “average lot size is one acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated and may continue to be assessed for irrigation water delivery even though the water may not be deliverable.” Staff is recommending a condition the covenants include notification that irrigation fees may be assessed. (Condition #15) Conclusions of Law: 1. The proposal will remove some land from agricultural production. The parcels are large enough that agricultural use could continue. 2. No impacts to agricultural water users are anticipated if the recommended conditions are adopted. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads Findings of Fact 1. The proposed subdivision, when built out, will have 545 dwelling units. The subdivision application states that there would be approximately 3,815 to 5,450 additional trips per day generated by the subdivision at full build out. 2. Missoula County adopted the Collector Roadway System Resolution #2001-2005 planning for major north/south routes in the vicinity of Roundup Drive and proposed George Elmer Drive. 3. George Elmer Drive is proposed to be a public road connecting from Mullan Road to the east boundary of the subdivision providing access to Cattle Drive, the major east/west collector in the subdivision. George Elmer drive is proposed to be 52’ wide back-of-curb to back-of-curb within an 80’ right-of-way. 4. At the PAZ meeting on May 11, 2005, the applicant presented a design for an alternative to using Roundup Drive as a primary access for the subdivison. This road would be in the Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 6 location of Half Hitch Drive and would replace Roundup Drive as the north/south collector parallel to and east of George Elmer Drive as described in the Collector Roadway System Resolution. Staff recommends this as a condition of subdivision approval and that plans for this roadway and the intersection with Mullan Road be complete prior to final plat approval of Phase 7. (Conditions #29, #30) Roundup Drive 5. The subdivision is accessed from Roundup Drive which runs north from Mullan Road. The portion of Roundup Drive that is on site is proposed as a two-lane paved public road 41’ wide back-of-curb to back-of-curb within an 80’ right-of-way. In order to enhance non- motorized access to the subdivision, staff recommends that bike lane striping be included in the improvements for Roundup Drive. (Condition 6. The Montana Department of Transportation commented that if the proposed development is expected to generate 150 or more vehicle trips per peak hour then a Traffic Impact Study (TIS) would be required. 7. The City Public Works Department commented that Mullan Road access to the development requires upgrades proportional to the development proposal and that intersection enhancements may include additional turn lanes, street lighting, drainage improvements and bus stop improvements. 8. Staff is recommending a condition that plans for improvements to the intersection of Mullan Road and Roundup Drive be approved by City and County Public Works Departments as well as the Montana Department of Transportation prior to final plat approval and that required improvements be installed prior to final plat approval of Phase 2. (Condition Cattle Drive 9. The major east/west route is Cattle Drive which consists of two 21’ back-of-curb to back-of- curb one-way roads on either side of a 32’ wide landscaped central boulevard within a 100’ right-of-way. 10. The City Public Works Department commented that the intersection of Roundup Drive and Cattle Drive should include a Roundabout within a 140’ diameter right-of-way and that local street traffic calming features should be designed into the road system. Staff is recommending this as a condition of approval. (Condition Shindig Drive 11. Shindig Drive, the secondary north/south route in the subdivision is 34’ wide back-of-curb to back-of-curb within a 60’ right of way. 12. The City Public Works Department commented that the exact location of the GLO right-of- way extension of Shindig Drive to Mullan Road must be resolved prior to platting that phase of the development and that plans for the intersection of Shindig Drive and Hiawatha Road should be developed concurrent with the phase that include the intersection of Shindig Drive and Hiawatha Road. Staff is recommending this as a condition of approval. (Condition Other 13. The other neighborhood streets in the subdivision including Horn Road, Harness Lane, Remuda Lane, Hereford Place, Halter Way, Anvil Road, Stetson Place, Chuck Wagon Way, Catch Pen Drive, Broomtail Drive, Belt Buckle Way, Fence Line Drive, Concho Way, Half Hitch Drive, and Tenderfoot Way are 34’ wide back-of-curb to back-of-curb within a 60’ right of way. Most blocks within the subdivision are served by 16’ wide paved alleys in a 20’ right-of-way with no curbs. 14. Most Lots in the subdivision have alley access. City Public Works commented that alley access should be required for all lots adjacent to an alley and that a 1’ no-access strip between the lot and the street on all lots with alley access should be required. Staff is Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 7 recommending this as a condition of subdivision approval and as a recommended amendment to the zoning district. (Condition 15. There is a proposed alley that is adjacent and parallel to George Elmer Drive. City Public Works commented that this alley should be deleted. Staff is recommending this as a condition of approval. (Condition #26) 16. Branding Iron Drive, platted with the Forty-Four Ranch Estates subdivision, is a County public road in a 60’ right-of-way that terminates at the east boundary of proposed Lot 505 in a temporary cul-de-sac. The City Public Works Department commented that Branding Iron Drive should connect to Shindig Drive. Staff is recommending a 60’ right-of-way with a 20’ pedestrian and emergency vehicle access easement in this location as a condition. (Condition 17. The City Public Works Department commented that street lights are recommended on Shindig Drive, Half Hitch Drive, and Cattle Drive. Staff is recommending this as a condition of approval. (Condition #10) 18. Staff is recommending a condition that acceptance of a deed for a lot within this subdivision constitutes assent of the lot owner to waive the right to protest a future RSID/SID for improvements including but not limited to the installation of paving, drainage facilities, curbs and gutters, pedestrian walkways or bikeways to Roundup Drive, Shindig Drive, and all streets within the Windsor 44 Ranch subdivision, based on benefit. (Condition 19. The Postal Service and the City Public Works Department recommended cluster mailboxes and staff is recommending this as a condition of approval. (Condition #12) 20. The Missoula Urban Transportation District states that the area proposed for development is very near to the Urban Transportation District boundary and is currently served by Route #10 and recommends that the developer petition for annexation into the Missoula Urban Transportation District. (Condition #13) Grading and Drainage 21. The property is located on the southern portions of the Grant Creek valley on very flat topography that generally slopes from east to west at less than The proposed Grant Creek Restoration project is impacted by this property and far western portions of the site are within the 100 year floodplain as described by the Department of Natural Resources and Conservation (DNRC). 22. The peak 10-year flow from the proposed development will increase from approximately 30 cfs to 108 cfs. The storm drainage system is proposed to be approximately 300 sumps, sized to handle the peak flow from the 100-year, 1-hour event. 23. In a October 24, 2005 letter to City Public Works related to Grant Creek Restoration the DNRC commented that they recommend that any and all developments in the Grant Creek drainage be required to provide evidence that they will not adversely affect the historic run off and flood flow patterns in the drainage, and that they must be required to have storm water retention facilities. 24. The City Public Works Department commented that the proposed drainage plan for storm water injection sumps is a concern considering the history of flooding in the area and that offsite drainage easements may be required to convey development storm water to appropriate discharge areas. 25. The County Public Works Department commented that the proposed stormwater system of using injection wells is not acceptable and will adversely impact Missoula County’s Grant Creek Restoration Project. 26. The City-County Health Department commented that they recommend the storm water drainage plan be jointly reviewed by the City and County Public Works Departments and Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 8 that retention basins should be used and could be augmented by sumps if it can be demonstrated that infiltration into shallow ground water will not impact flood prone areas. 27. Staff is recommending a condition that the final grading and drainage plans be reviewed and approved by both City and County Public Works Departments and that the 5.86-acre park not be used for detention/retention drainage facilities. (Conditions #11, #18) Conclusions of Law: 1. Access to the subdivision meets the standards of the Missoula County Subdivision Regulations if the the recommended conditions are adopted. 2. Final grading and drainage plans will need to meet the approval of the City and County Public Works Departments if the recommended condition is adopted. Pedestrian Access Findings of Fact: 1. Subdivision Regulations Article 3-2(15)(A)(1) requires collector streets and local streets providing access to over 200 dwelling units to provide a 6’ wide concrete sidewalk with a 10’ wide landscaped boulevard and requires 5’ sidewalks and 7’ landscaped boulevards for local streets. 2. The 44 Ranch subdivision has a network of 5’ sidewalks with 7’ landscaped boulevards for the local streets. 3. Roundup Drive, the north/west collector street, is proposed to have a 6’ wide concrete sidewalk on both sides of the street with a 12.5’ wide landscaped boulevard. 4. Cattle Drive, the east/west collector street is proposed to have a 5’ wide concrete sidewalk with a 7’ wide landscaped boulevard and a 30’ wide center boulevard common area. The applicant is requesting a variance from the requirement for a 6’ concrete sidewalk with a 10’ landscaped boulevard. Staff is recommending approval of the variance request. (See variance request 5. George Elmer Drive is proposed to have 5’ concrete sidewalks with a 10’ landscaped boulevard on the west side of the street. 6. Subdivision Regulations Article 3-2(15)(A)(1) requires collector streets and local streets providing access to over 200 dwelling units to provide a 6’ wide concrete sidewalk with a 10’ wide landscaped boulevard on both sides of the street. The applicant is requesting a variance from this requirement. (See variance request 7. City Public Works commented that the west half of George Elmer Drive should have a 6’ wide sidewalk with a 10’ landscaped boulevard. Staff is recommending conditional approval of the variance request conditioned upon the developer providing a boulevard sidewalk that meets the standards on the west side of the road. (Condition #28) Conclusions of Law 1. Pedestrian access to the subdivision meets the standards of the Missoula County Subdivision Regulations if the variance request is approved. Water System Findings of Fact: 1. Mountain Water will serve the subdivision Conclusions of Law: 1. Water will be provided to the subdivision. 2. State and local agencies will review water resource issues. Sewer System Findings of Fact: Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 9 1. The City Sewer Service Committee has approved the property for extension of a sewer main for residential units. Conclusions of Law: 1. Sanitary services will be provided to this subdivision. 2. State and local agencies will review sanitation under the Sanitation Act. Solid Waste Findings of Fact: 1. BFI will provide disposal service to the subdivision. Conclusions of Law: 1. Solid waste disposal is available to the subdivision. Parks and Recreation Findings of Fact: 1. Subdivision Regulations Article 3-8(3)(A) requires the subdivider dedicate to the City park land or cash-in-lieu of parkland totaling 11% of the lands proposed to be subdivided into lots ½ acre or smaller in size and 7.5 % of the lands proposed to be subdivided into lots between ½ and 1 acre in size. 2. The parkland dedication required for the 44 Ranch 545-lot subdivision with 75.38 acres of net lotted area is 8.11 acres. The applicant is proposing two large parks, 5.86 acres and 3.37 acres in size, as well as 1.45 acres of common areas in the central boulevard of Cattle Drive for a grand total of 10.68 acres of open space. 3. The Parks and Recreation Department commented that the 5.86 acre park should be located in Phase 1, where the 3.37-acre park is proposed, largely based on the fact that the Phase 16 plat would not be filed until 2021 and would not serve the immediate need for a park to in this subdivision. Staff is recommending a condition that the 3.37-acre park located in Phase 1 be relocated to Phase 16, and that the 5.86-acre park located in Phase 16 be relocated to Phase 1. (Condition #24) 4. The Missoula Master Parks and Recreation Plan (MPP) designates this area as needing a neighborhood park (5 acre minimum) and a community park (25-100 acres). According to the MPP, Neighborhood parks are to be relatively flat to accommodate recreation and are to be bordered at least 50% by streets for ease of access, visual surveillance, and parking. 5. The applicant has proposed to set aside 5.86 acres of Common Area as a central park with streets on all four sides that meets the standards of a neighborhood park as defined by the MPP. In addition the central boulevard of Cattle Drive has four common areas that are 0.16 acres each that total 0.64 acres for a grand total of 6.5 acres, 2.41 acres more than that required by the subdivision regulations for the recommended net lotted area. 6. The Parks and Recreation Department commented that they strongly recommend that the 5.86-acre park be dedicated to the public as recommended by the MPP, not privately owned common area as proposed. 7. Staff is recommending that the 5.86-acre park be dedicated to the City and plans for improvements to be installed by the developer including but not limited to finish grading, trees, commercial-grade irrigation system and seeding of the Park to be reviewed and approved by Parks & Recreation prior to final plat approval, and that this park not be used for detention/retention drainage facilities. (Condition #16) 8. The covenants provide for maintenance of all common areas by the 44 Ranch Homeowners Association unless an RSID is created for maintenance. Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 10 9. Staff is recommending a condition that improvements to the parks, boulevards and common areas be installed concurrently with the approved subdivision phase where the improvements are located. (Condition #11) Conclusions of Law: 1. The proposed subdivision will meet the required standards for parkland dedication if the recommended conditions are adopted. Schools Findings of Fact: 1. Children from this subdivision will attend Hellgate Elementary School in the Hellgate Public School District for grades K-8. All secondary school age children will attend Big Sky High School for grades 9-12. 2. If the subdivision is restricted to 259 as recommended, the estimated number of students that will be added to the school districts is 259 elementary school children, and 75 high school children based on the assumption of one elementary and .75 secondary school age children per household. 3. Rachel A. Vielleux, Missoula County Public Schools, Superintendent of Schools had no adverse comments. 4. Hellgate Elementary School Superintendent Douglas Reisig commented that developers in the area should contribute funds to make improvements to Lane. 5. Staff is recommending a condition that requires the applicant contribute $230 per dwelling unit to assist in signalizing the Lane/Mullan Road intersection. (Condition Conclusions of Law: 1. Adverse impacts to schools that have been identified requiring mitigation will be addressed if the recommended condition is adopted. Fire Department Findings of Fact: 1. The Missoula City Fire Department serves the subdivision. 2. Mountain Water will provide water to the subdivision. 3. The City Fire Department commented that hydrants must be installed and in working order before any combustible construction begins. Staff is recommending a condition that the developer provide fire hydrants prior to combustible construction. (Condition #18) 4. They also commented that there must be an emergency vehicle turnaround at the end of Chuck Wagon Way and that all structures must be addressed visible from the street. Staff is recommending these as conditions. (Conditions #17, #19) Conclusions of Law: 1. Fire service is available to the subdivision if the recommended conditions are satisfied. Police Department Findings of Fact: 1. The subdivision is located within the jurisdiction of Missoula City Police Department. 2. The Police Department commented that the street grid system in the subdivision should have traffic calming. This was recommended by the City Public Works Department and staff is recommending a condition to require it. Conclusion of Law: 1. Law enforcement service is available to the subdivision. Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 11 CRITERIA 3 AND 4: EFFECTS ON THE NATURAL ENVIRONMENT AND WILDLIFE AND WILDLIFE HABITAT Findings of Fact: 1. The Montana Fish Wildlife and Parks Department was contacted as a review agency, and provided no comment on the proposed subdivision. 2. The Covenants contain advice to lot owners regarding potential problems associated with occasional presence of wildlife and reference the “Living with Wildlife” brochure. 3. The Covenants require that property owners maintain their property in conformity with the Montana County Weed Control Act and the Missoula County Noxious Weed Management Plan. Conclusions of Law: 1. No significant impacts to the natural environment, wildlife, or wildlife habitat have been identified CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: 1. The Missoula City Fire Department serves the property. The Missoula City Police Department provides law enforcement services. 2. Mountain Water will serve the property. Connection to city sewer is proposed. 3. The property is located within the Air Stagnation Zone. All new roads must be paved. The proposal is to pave all roads and alleys within the subdivision. Wood burning stoves and fireplaces are prohibited. Pellet stoves which meet emission requirements or natural gas or propane fireplaces may be installed. The covenants include a section stating that solid fuel burning appliances are prohibited. 4. The City-County Health Department comments that Missoula County has a high radon potential, and that new construction should incorporate passive radon mitigation systems. Staff recommends inclusion of this information in the covenants as a condition of approval. (Condition #22) Floodplain 5. The Floodplain Administrator commented that a significant portion of the property is within the Grant Creek Floodplain, however, no lots are proposed within the regulatory DNRC 100-year floodplain. 6. Hydrology prepared by HDR Inc. as part of the Grant Creek Restoration Project indicates that FEMA’s regulatory flood results in a wider floodplain than predicted by DNRC and that Phase 15-19 appear to be within the HDR 100-year floodplain and therefore it is recommended that the lots in these phases have first floor and utilities a minimum of 2’ above the 100-year floodplain as identified by HDR, Inc. and that pre and post construction elevation certificates be provided. 7. The floodplain administrator also commented that due to the potential for high ground water as a result of flood events and irrigation practices, basements should not be allowed in the subdivision. 8. Staff is recommending as a condition of approval that a note be placed on the final plat and in the covenants that states the following: “Basements shall be prohibited in all phases until such time as the developer provides sufficient evidence to the appropriate agencies that no threat to the public safety or loss of property will result in those areas proposed for basements. In Phases west of Belt Buckle Way, the lowest finished floor, of any structure and mechanical equipment shall be at least 2’ above the 100-year flood elevation of Grant Creek as established by HDR, Inc. Pre and post construction Elevation Certificates shall Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 12 be submitted documenting the lowest floor and utility elevations are a minimum of 2’ above the base flood elevation.” (Condition #20) Airport 9. The property is located within the Airport Influence Area. The covenants include information about airport noise. The developer has been requested to file an avigation easement in compliance with the Airport Influence Area Resolution and the plat contains a statement noting this property is within the Airport Influence Area and subject to the requirements of the Airport Influence Area Resolution. (Staff is recommending this as a condition. (Condition #21) 10. A letter dated March 29, 2005 from Carolynn Fagan, the attorney representing the Missoula County Airport Authority (Attachment C) states: “If the subdivision is approved and constructed, the Airport strongly recommends that all potential home buyers receive a written disclosure that the Property is within the Airport Influence Area and that a second runway is being proposed. Staff is recommending a condition that the following language be included as a statement on the final plat: “This property is in the Airport Influence Area and subject to the requirements of the Airport Influence Area Resolution. The 44 Ranch Subdivision may also be within an Extended Approach and Departure Zone for a proposed second runway as shown in the Airport Authority’s 2004 Plan and lot owners should be aware of the resultant safety risk. Lot owners should consult the Airport Layout Plan and any relevant documents to determine the status of the proposed runway location at the time of purchase.” (Condition # 25) Conclusions of Law: 1. Emergency services, water, and sanitation are available to the subdivision. 2. The impacts of the Grant Creek Floodplain and the Airport Influence Area will be mitigated if the recommended conditions are imposed. 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. 2. The applicant has requested a variance from the requirement that all lots in the subdivision have a minimum 60’ width. Staff is recommending approval of the variance request. (See variance request Conclusion of Law: 1. The developer has submitted a plat which complies with the requirements of local subdivision regulations or variance have been requested and conditions have been required that will bring the plat into compliance. 3) REVIEW PROCEDURE Findings of Fact Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 13 1. Subdivisions are required to comply with the local subdivision review procedure provided for in Article 4 of the Missoula City Subdivision Regulations. 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. 2. A decision of the governing body rejecting or approving a proposed subdivision may be appealed to the district court within thirty days of such decision. The application shall specify the grounds upon which the appeal is made. An appeal may be made by the subdivider, a contiguous landowner, an owner of land within the City of Missoula who can establish a likelihood of material injury to property or its material value, or the City Council. In order to file an appeal, the plaintiff must be aggrieved by the decision, demonstrating that a specific personal and legal interest, as opposed to a general interest, has been or is likely to be specifically and injuriously affected by the decision. D) PROVISION OF EASEMENTS FOR UTILITIES: Findings of Fact: 1. Public utility easements are located within the street and alley rights-of-way. 2. All new utilities will be placed underground. Conclusions of Law: 1. The provision of easements for utilities will be met by this subdivision. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access will be provided to the subdivision via Roundup Drive and the public roads within the subdivision. Conclusion of Law: 1. The proposal meets physical and legal access requirements. VIII. VARIANCE REQUESTS 1. A variance request from Section 3-2(3) of the Missoula City Subdivision Regulations requiring 6’ wide concrete sidewalks with 10’ wide landscaped boulevards on Cattle Drive. 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. The applicant has proposed a 5’ wide sidewalk with a 7’ landscaped boulevard and a 30’ wide central landscaped boulevard with one-way traffic on either side. The City Engineer did not comment on this variance request. B. The conditions upon which the request for variance are based are unique to the property for which the variance is sought and are not applicable generally to other property. The conditions upon which the request is based are unique to this property. The central landscaped boulevard provides additional landscaping not required by the regulations. Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 14 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 are enforced. Because it is undeveloped land, the physical surroundings, and topographical conditions do not present a hardship to the owner to comply with the regulations. D. The variance will not in any manner violate the provisions of the Missoula City Zoning Ordinance, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. Approval of the variance will not violate the provisions of the Missoula City Zoning Ordinance or the Missoula Urban Area Comprehensive Plan. E. The variance will not cause an increase in public costs. No increases in public costs are foreseen with the granting of this variance. 2. A variance request from Section 3-3(1)(E) of the Missoula City Subdivision Regulations requiring a minimum 60’ lot width. 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. This variance does not result in a threat to public safety, health or welfare and is not injurious to other persons or property. No agency had any adverse comments regarding this variance request. It is not a standard necessary to protect public safety. 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. This variance is unique to this property because of the 44 Ranch Special Zoning District proposed with this subdivision. 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 topography or physical surroundings would not prevent creating a lot that has a lot width no less than 60’; however, the lots that are less than 60’ are served by alleys and staff is recommending a condition that lots served by an alley be required to access the alley and include a one-foot no access strip on the front of the lot. (Condition 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. Approval of the variance will not violate the provisions of the Missoula City Zoning Ordinance or the Missoula Urban Area Comprehensive Plan. E. The variance will not cause an increase in public costs. No increases in public costs are foreseen with the granting of this variance. Attachment B - Subdivision Approval Letter dated May 27, 2005 ---PAGE BREAK--- 15 3. A variance request from Section 3-2(3) of the Missoula City Subdivision Regulations requiring 6’ wide concrete sidewalks with 10’ wide landscaped boulevards on the both sides of George Elmer Drive. RECOMMENDATION: The Office of Planning and Grants recommends conditional 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. The applicant has proposed a future 5’ wide sidewalk with a 7’ landscaped boulevard. City Public Works commented that the west half of George Elmer Drive should have a 6’ wide sidewalk with a 10’ landscaped boulevard on the west side adjacent to the subdivision. Staff is recommending conditional approval of the variance request conditioned upon the developer providing a boulevard sidewalk that meets the standards. (Condition #28 B. The conditions upon which the request for variance are based are unique to the property for which the variance is sought and are not applicable generally to other property. The conditions upon which the request is based are unique to this property. Improvements will be constructed as property is subdivided to the east of George Elmer Drive and south of the 44 Ranch subdivision. 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 are enforced. Because it is undeveloped land, that is prime for development, utility installations on the east side of George Elmer Drive that would result in the demolition of required infrastructure could present a hardship to the owner to comply with the regulations. D. The variance will not in any manner violate the provisions of the Missoula City Zoning Ordinance, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. Approval of the variance will not violate the provisions of the Missoula City Zoning Ordinance or the Missoula Urban Area Comprehensive Plan. E. The variance will not cause an increase in public costs. No increases in public costs are foreseen with the granting of this variance. Attachment B - Subdivision Approval Letter dated May 27, 2005