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PUBLIC WORKS COMMENTS ON THE PUBLIC HEARING DRAFT OF THE ZONING & SUBDIVISION REGULATION UPDATE DATED May 15, 2009 City of Missoula City Council City Clerk’s Office Office of Planning and Grants The City of Missoula Public Works Department, Engineering Division, has been working closely with the Office of Planning and Grants throughout the revision of the Zoning Regulations. Nearly all of our recommendations have been incorporated into the latest draft. However there are a few issues left that PW feel are very important and should be included in the final document. These are listed under the COMMENTS noted below. NOTE: Many the former parking lot hardscape design specifications have been removed from this draft. These will be incorporated into a new chapter to be added to Title 12. Also the entire Draining and Grading chapter will also be moved to Title 12. City Engineering has, historically, been reviewing and enforcing these regulations and therefore it is more appropriate to have these standards in the Chapters that are the responsibility of the Engineering Division. The draft ordinance along with some other changes to Title 12 will be referred to the Council after the Zoning update is finalized. COMMENTS ON PUBLIC HEARING DRAFT Page 20.40-11, Chapter 20.40.120 (RECOMMENDED CHANGE) 1. ADD: Approval of the City Engineer is required. Page 20.40-11, Chapter 20.40.120 (RECOMMENDED CHANGE) ADD: Temporary portable storage may not be placed within the Visibility Obstruction Triangle per 12.28.110 Page 20.50-3, Chapter 20.50.10(G) (RECOMMENDED CHANGE) ADD: Retaining walls over 6’ in height must be designed by a Civil Engineer. A permit must be issued by the City of Missoula Building Division for any wall exceeding 6’ in height if on private property. ---PAGE BREAK--- Page 20.60-7, Chapter 20.60.030)(A)(3) (RECOMMENDED CHANGE) The agreement must be filed with the Missoula County Clerk and Recorder. (This is for tracking purposes, for example; if any of the subject properties change ownership the encumbrance will show up in the title report. Also how will the agreement be tracked internally so that it is accounted for in the case of change of use or other changes on any of the parcels that would affect parking?) Page 20.60-8, Chapter 20.60.040)(B)(1) (RECOMMENDED CHANGE) CHANGE TO: Parking is prohibited in the front or street side setbacks except when located in front of a garage, carport, or other parking space located outside the setback. Page 20.60-8, Chapter 20.60.040)(C)(3) (RECOMMENDED CHANGE) The agreement must be filed with the Missoula County Clerk and Recorder. (This is for tracking purposes; for example if any of the subject properties change ownership the encumbrance will show up in the title report. Also how will the agreement be tracked internally so that it is accounted for in the case of change of use or other changes on any of the parcels that would affect parking?) Page 20.60-9, Chapter 20.60.070)(B, C) (RECOMMENDED CHANGE) These sections are in direct violation of Federal Accessibility Codes and should be entirely deleted. ADA codes will be an important part of the new codes in Title 12 Page 20.60-9, Chapter 20.60.080)(B, C) and Page 20.85-24, Chapter 20.85.110(B)(8) (RECOMMENDED CHANGE) Add: This approval requires that the route between the accessible entrance to the structure and the transit stop meet all accessibility requirements. The parking reduction per this section does not reduce the required number of accessible parking spaces required.