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MASTER LIST OF CONDITIONS OF APPROVAL RANCH SUBDIVISION October 23, 2009 Zoning Compliance 1. The zoning shall be adopted prior to final plat approval of Phase One, subject to review and approval by OPG. Subdvision Design and Layout 2. The preliminary plat and phasing plan per Exhibit 2.1 dated May 2008 shall be revised per the site layout as shown in Exhibit 1.1 dated May 2008 and in conformance with all conditions of subdivision approval, subject to review and approval by Public Works and OPG prior to Phase One final plat approval. 3. The multi-dwelling structures on Lot 1 shall not have the rear of structures facing George Elmer Drive, Pious Road or Cattle Drive, subject to review and approval of OPG prior to building permit approval. 4. The triangle-shaped piece of land north of Lot 22 in the location shown on Exhibit 1.1 dated May 2008 shall be incorporated into the lot and shown as such on the final plat and the revised phasing plan, subject to review and approval of OPG prior to Phase Two final plat approval. Roads and Access 5. The subdivider shall present evidence of issuance of an approach permit for public access by the Montana Department of Transportation for George Elmer Drive to connect to Mullan Road prior to final plat approval of Phase One, subject to review and approval by Public Works. 6. The subdivider shall be required to enter into a Memorandum of Understanding (MOU) with the City, State, and the 44 Ranch developers relating to financial participation for the construction of the roundabout at Cattle Drive/George Elmer Drive, for the Mullan Road/George Elmer Drive traffic signal, and all George Elmer Drive base roadway improvements in accordance with existing City, State and 44 Ranch developer MOU’s prior to final plat approval for Phase One, subject to review and approval by Public Works. 7. Plans for 32’ wide roadways (back-of-curb to back-of-curb) within a 60’ public easement for Cattle Drive, Bell Tower Road, and Road shall be reviewed and approved by Public Works prior to final plat approval of the respective phase(s). Additional right-of-way may be required and is permitted for roundabout construction at the western end of Cattle Drive. 8. Plans for minimum 26’ wide roadways (back-of-curb to back-of-curb) within a 54’ public easement for Pious Road and Granary Road shall be reviewed and approved by Public Works prior to final plat approval of the respective phase(s). Plans for a 28’ roadway (back-of-curb to back-of-curb) within a 54’ public easement for Road shall be reviewed and approved by Public Works prior to Phase Three final plat approval. 10. The existing 60’ wide private road and utility easement located along the southern boundary of the subdivision shall be designated as a public right-of-way and utility easement to connect from the eastern property line to the George Elmer right-of-way, subject to review and approval by Public Works prior to final plat approval of Phase One. ---PAGE BREAK--- 11. All interior on-site roads (excluding George Elmer Drive) shall be constructed with five foot wide boulevard sidewalks and seven foot wide landscaped boulevards on both sides of all roads, except the subdivider shall not be required to install sidewalk but shall install landscaped boulevards on the south side of Cattle Drive east of Bell Tower Road, the south side of Road the east side of Bell Tower Road adjacent to the property to be transferred to the McKinnons pursuant to the signed MOU dated April 21, 2008, and the north side of Pious Road as shown on Exhibit 1.1 dated May 2008 subject to review and approval by Public Works prior to final plat approval of each phase. 12. Plans for construction and installation of roads, traffic calming features and other traffic management devices (e.g. splitter islands), sidewalk, curb/gutter, complete drainage facilities, and striped bike lanes on George Elmer Drive within sufficient right-of-way shall be reviewed and approved by the City Engineer prior to final plat approval of each phase. All road, pedestrian walkway and drainage improvements shall meet the requirements of the City Subdivision Regulations, except as provided in these conditions of approval. 13. A signage plan in conformance with the Manual on Uniform Traffic Control Devices, including provisions for temporary signage during construction, permanent signage, and cost of installation to be included in the security deposit, shall be reviewed and approved by Public Works and Missoula City Fire prior to Phase One final plat approval. 14. A street lighting plan for the subdivision shall be reviewed and approved by Public Works prior to final plat approval of each phase. 15. Grainery Lane shall be renamed Granary Lane, subject to review and approval by Public Works prior to final plat approval of Phase Two. 16. 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, Cattle Drive, Bell Tower Road, Road Road Granary Road and Pious Road, 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." Pedestrian and Non-Motorized Access 17. The subdivider shall present evidence of petitioning into the Missoula Urban Transportation District, subject to review and approval by OPG prior to final plat approval of Phase One. 18. The subdivider shall construct a five-foot wide concrete sidewalk within a twenty- foot (20’) wide public pedestrian access easement connecting from the sidewalk on the Road cul-de-sac to the sidewalk along George Elmer Drive as shown on Exhibit 1.1 dated May 2008 prior to final plat approval of Phase Three, subject to review and approval by Public Works. Drainage 19. The subdivider shall secure and record a stormwater drainage easement on Tract 8, COS #3176 the face of the Phase One final plat, subject to review and approval by ---PAGE BREAK--- Public Works prior to Phase One final plat approval. OPG shall review and approve any change in design to the subdivision layout resulting from new or revised drainage easements, prior to final plat approval. All drainage structures, including swales and basins, shall be in place prior to final plat approval. Drainage plans shall ensure that the 100-year twenty-four hour storm is detained with post development discharge from the detention basin limited to pre-development run-off rates. Grading, drainage, and erosion control plans shall be reviewed and approved by the Public Works Department prior to final plat approval of Phase One. Per August 2009 Plat Adjustment Fire 20. Plans for addressing buildings so that address signs are clearly visible from the street in all lighting conditions shall be reviewed and approved by the Fire Department prior to building permit approval and shall be included in the covenants which may not be changed or deleted without governing body approval prior to final plat approval of Phase One. 21. 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. 22. Preliminary driveway plans, including turnarounds / emergency vehicle turnouts for fire apparatus in all weather conditions and driveway widths and grades, shall be reviewed and approved by the City Fire Department prior to final plat approval of Phase One. To ensure compliance with the approved preliminary driveway plan, the City Fire Department shall review and approve final driveway plans prior to building permit approval. Common Areas & Landscaping 23. The covenants shall be amended to require the homeowners’ association to maintain landscaping in all common areas, pedestrian easement areas, boulevard areas not adjacent to lots, and road right-of-way east of Road subject to review and approval by Parks and Recreation, Public Works and OPG prior to final plat approval of Phase One. 24. A landscaping plan for the common areas, the boulevard area improvements, and the road right-of-way east of Road including but not limited to, finish grading, landscaping, a weed management plan, commercial grade irrigation, maintenance and any proposed improvements guarantee and low-maintenance landscaping/hardscape of the roundabout shall be reviewed and approved by the Parks and Recreation Department, OPG and Public Works prior to final plat approval of Phase One. The subdivider shall install improvements to the common area, the roundabout, the road right-of-way east of Road and boulevard areas as detailed in the approved plan prior to final plat approval for each phase or be included in the improvements guarantee, subject to review and approval by the Parks and Recreation Department and Public Works. 25. The subdivider shall file a development agreement that states the developer shall provide all maintenance of common areas, the road right of way east of Road and boulevard areas until enough development to support the homeowner’s association has taken place. The development agreement shall be filed prior to final plat approval for each phase, subject to review and approval by OPG and the City Attorney. 26. A 0.50 acre common area shall be dedicated as a separate parcel along Bell Tower Road, centered between Pious Road and Cattle Drive and as shown on Exhibit 1.1 ---PAGE BREAK--- dated May 2008, to be reviewed and approved by the Parks and Recreation Department. Lot 1 acreage shall be decreased by the amount of common area dedicated. The required changes shall be shown on the final plat and the revised phasing plan, to be reviewed and approved by OPG prior to Phase One final plat approval. 27. The following areas shall be dedicated as common area with acreages indicated on the final plat and the revised phasing plan, subject to review and approval of OPG prior to Phase One final plat approval: the rectangle south of Lot 16 at the east end of Cattle Drive, the 10’ wide strip along the east side of Bell Tower Road south of Cattle Drive, the narrow strip along George Elmer Drive adjacent to Lots 31, 32 and 41, and the area adjacent to Lot 23 as shown on Exhibit 1.1 dated May 2008. Parkland 28. Prior to the recording of the final plat of Phase One of the subdivision, the subdivider shall transfer land south of Cattle Drive and east of Bell Tower Road, 90 feet in width as measured from the western boundary of COS #1498, designated as Buffer Area on Exhibit 1.1 dated May 2008, to become part of the adjacent COS #1498 for use as a buffer between the adjacent property and the subdivision in accordance with the signed MOU between Stockyard Investments, LLC and the McKinnon Family dated April 21, 2008. The transfer of land shall not count as parkland dedication. The subdivider shall provide cash-in-lieu to satisfy any parkland dedication requirements remaining after subtracting the 0.50 acre common area in Lot 1 west of Bell Tower Road from the required parkland dedication. Phasing Plan 29. The phasing plan shall be revised to account for the revisions to the plat per Exhibit 2.1 dated May 2008 and resulting from conditions of subdivision approval, subject to review and approval by OPG and Public Works prior to final plat approval for Phase One. Wildlife 30. The covenants related to wildlife shall be amended with the following language subject to review and approval of OPG and Fish, Wildlife and Parks, prior to final plat approval of Phase One and may not be changed or deleted without governing body approval. Section 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 deer, black bear, mountain lion, coyote, fox, skunk, raccoon 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 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, ---PAGE BREAK--- netting, repellents) in order to avoid 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. Keep produce and fruit picked and off the ground, because rotting vegetable material can attract bears, skunks and other wildlife. 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. 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. d. Pets must be confined to the house, in a fenced yard, or in an outdoor kennel area when not under the immediate control of the owner, and not be allowed to roam as they can chase and kill big game and small birds and mammals. 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). Keeping pets confined also helps protect them from predatory wildlife. e. Pet food should be stored indoors, in closed sheds or in animal-resistant containers in order to avoid attracting wildlife such bears, mountain lions, skunks, raccoons, and other wildlife. When feeding pets do not leave food out overnight. Consider feeding pets indoors so that wild animals do not learn to associate food with your home. f. Barbecue grills should be stored indoors. Keep all portions of the barbecues clean. Food spills and smells on and near the grill can attract raccoons, bears or other wildlife. g. 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 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. h. Compost piles can attract skunks and other wildlife. If used they should be kept indoors or built to be wildlife-resistant. 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.) i. These “living with wildlife” covenants cannot be altered or eliminated without consent of the governing body. Floodplain 31. The plat and covenants shall be amended to include the following statement: “Basements shall be prohibited in all phases until such time as the developer provides a hydrologic ---PAGE BREAK--- analysis on the proposed subdivision to determine if the construction of basements and/or crawl spaces can be constructed without significant risk of flooding leading to a threat to public safety or loss of property. The analysis shall assess the area for seasonally high groundwater elevations and the mounding of groundwater beneath area irrigation ditches and indicate, if any, areas that would not be suitable for basement or crawl space construction. The analysis will be reviewed by the Missoula Floodplain Coordinator prior to final plat approval of the respective phases.” 32. If any lots are within the FEMA designated floodplain at the timing of final plat approval, the subdivider shall submit a Letter of Map Revision (LOMR) removing all lots from the regulatory floodplain, subject to review and approval by the Floodplain Administrator prior to final plat approval of the first phase of development where the FEMA floodplain is shown on the property (currently Phases One and Three Two). Per August 2009 Plat Adjustment Weeds 33. The subdivider shall prepare a Revegetation Plan for disturbed areas in the subdivision requiring landowners to revegetate with beneficial species any areas of ground disturbance created by construction on or maintenance of these lots at the first appropriate opportunity after disturbance occurs. The Revegetation Plan shall specifically address noxious weed management in the Common Area and specify that the grass species included in the Revegetation Plan are not turf species, but are intended for reclamation purposes and are not suitable for areas proposed for maintained turf or lawn or roadsides. The Revegetation Plan shall be incorporated into the covenants and may not be changed or deleted without governing body approval and shall be subject to review and approval by the Missoula County Weed District prior to final plat approval of Phase One. 34. The covenants shall be amended to include a Weed Management Plan (Plan) for all undeveloped and planned open space areas of the subdivision, to be reviewed and approved by the County Weed District prior to final plat approval. The Plan shall include provisions making the developer responsible for its implementation until enough development has occurred to support the Homeowners’ Association. The Plan shall include a mechanism allowing the Homeowners’ Association to assume weed management duties from the developer. The Plan and the covenant provisions related to weed management shall be reviewed and approved by the County Weed District, City Parks and Recreation and OPG prior to final plat approval of Phase One. Covenants 35. The covenants shall be amended to include the SID / RSID waiver statements, which may not be changed or deleted without governing body approval, subject to review and approval by OPG prior to final plat approval of Phase One. 36. The covenants shall be amended to include the Health Department recommendation regarding Energy Efficiency that builders consider using energy efficient building techniques such as building orientation to the sun, appropriately sized eaves, wind breaks, super insulation techniques, day lighting, passive solar design, photovoltaic cells, and ground source heat pumps for heating/cooling, which may not be changed or deleted without governing body approval, subject to review and approval by OPG prior to final plat approval of Phase One. 37. The covenants shall be amended to state, “According to the Missoula City-County Health Department, the Environmental Protection Agency has designated the Missoula ---PAGE BREAK--- area as having a high radon gas potential (Zone Therefore, the Missoula City- County Health Department recommends that all new residences incorporate radon-resistant construction features,” which may not be changed or deleted without governing body approval subject to review and approval by OPG prior to final plat approval of Phase One. 38. Section 7.4 of the covenants for Ranch shall be amended prior to Phase One final plat approval, subject to review and approval by OPG, to include the following as sections that shall not be amended, modified, added to or deleted without consent of the governing body: Paving of Driveways, Prohibition of Wood Burning Devices, Irrigation Water, Common Area Maintenance to be done by Homeowners’ Association, Address Signs, No-Build Zones, Wildlife, No Basements as Flood Hazard Mitigation, Weeds & Revegetation Plan, SID/RSID Waivers, Energy Efficiency, and Radon.