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1 E X E C U T I V E S U M M A R Y CASE PLANNER: Janet Rhoades REVIEWED AND APPROVED BY: Mary McCrea AGENDA ITEM: Grand Vista, Lot 20A Subdivision PUBLIC MEETINGS: PAZ: May 19, 2010 35-DAY LIMIT: June 9, 2010 APPLICANT Missoula Housing Authority AND OWNER: c/o Lori Davidson, Executive Director 1235 34th Street Missoula, MT 59801 AGENT: Dale McCormick Professional Consultants, Inc (PCI) P.O. Box 1750 Missoula, MT 59806 LOCATION OF REQUEST: 203 Grandview Way, Missoula, MT LEGAL The property is legally described as Lot 20A of Grand Vista DESCRIPTION: Subdivision, located in the Section 7, T12N, R19W, P.M.M. (See Map LEGAL NOTICE: The project was posted as a courtesy on April 26, 2010. Adjacent property owners were notified by mail on April 27, 2010. ZONING: R-5.4 (Residential, 8 dwellings per acre), with Hillview Heights Overlay GROWTH The 2005 Missoula County Growth Policy Update: applicable POLICY: amendment is the South Hills Comprehensive Plan, 1987 Update, which designates the property as Residential, 6 dwellings per acre. SURROUNDING LAND USES SURROUNDING ZONING North: Residential R-5.4 with Hillview Heights Overlay South: Residential R-5.4 with Hillview Heights Overlay East: Residential R-5.4 with Hillview Heights Overlay West: Residential R-5.4 with Hillview Heights Overlay RITA ADDIE GRANDVIEW A ---PAGE BREAK--- 2 PROPOSAL 1. Request to vary from Article 3-2(1)(J), which requires the private road serving Lots 1-3 to have a minimum of 24’ surface width within a minimum 28’-wide private access easement. 2. Request to vary from Article 3-2(15)(A)(1), which requires 5’-wide sidewalks with wide boulevards to be constructed on the private road serving Lots 1-3. 3. Request to vary from Article 3-2(15)(A)(1), which requires 5’-wide sidewalks with wide boulevards to be constructed on Grandview Way. 4. Grand Vista, Lot 20A Subdivision STAFF RECOMMENDATION 1. Approval of the variance request, to allow the private road and easement to have a variable width. 2. Approval of the variance request. 3. Approval of the variance request, to allow the existing 5’-wide curbside sidewalk to remain. 4. Approval of the subdivision, subject to conditions. ---PAGE BREAK--- 3 MISSOULA CITY COUNCIL May 19, 2010 GRAND VISTA, LOT 20A SUBDIVISION I. BACKGROUND Grand Vista, Lot 20A Subdivision is a proposed 5-lot minor subdivision of a 1.0-acre parcel located on Grandview Way, just east of Hillview Way in the South Hills area. The proposed density is 5 dwellings per acre. The property is zoned R-5.4 (Residential, 8 dwellings per acre), with the Hillview Heights Overlay. Per the South Hills Comprehensive Plan, 1987 Update, the recommended land use designation for the property is Residential, 6 dwellings per acre. The subject property is inside the Urban Growth Area, the Waste Water Service Area, and the Air Stagnation Zone. The property will be accessed via Grandview Way. Lots 1-3 will access Grandview Way via a private road; Lots 4 & 5 will access Grandview Way directly via individual driveways. There are no floodplains, riparian areas, or important agricultural resources on the property. There are four existing homes on the property. Most of the property not covered by existing homes or driveways has slopes greater than 10% on the property. Geotechnical studies have been performed for the property, which are included in the application packet and referenced on the plat. II. SUBDIVISION FINDINGS OF FACT ZONING AND COMPREHENSIVE PLAN COMPLIANCE Findings of Fact: 1. The subject property is located on Grandview Way, just east of Hillview Way in the South Hills area. The adjacent land uses are residential. There are existing homes shown on Lots 2-5; Lot 1 is vacant. (Vicinity Map, Preliminary Plat) 2. The subdivision creates 5 lots on the 1.0-acre property, for a density of 5 dwellings per acre. Proposed lots range from 5,954 square feet to 10,729 square feet. (Preliminary Plat) 3. The subject property is zoned R-5.4 (Residential), which requires a minimum parcel size of 5,400 square feet (approximately 8 dwellings per acre). (Application, page 3) 4. The 2005 Missoula County Growth Policy Update, as amended by the South Hills Comprehensive Plan, 1987 Update, designates the subject property as Residential, 6 dwellings per acre. (Application, page 3) Conclusion of Law: 1. This subdivision complies with the applicable zoning and substantially complies with the applicable comprehensive plan. PRIMARY CRITERIA COMPLIANCE CRITERION 1: EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USER FACILITIES Findings of Fact: 1. The property has no recent history of being used for agricultural purposes. (Application, page 4) ---PAGE BREAK--- 4 2. The soils on the property are classified by the NRCS as Argixerolls-Haplexerolls, 4- 15% slopes. According to the Missoula County Farmland Classification Table, this soil type is considered to be a Farmland Soil of Local Importance. (Project Summary, page 3; Application, page 4) 3. There are four existing homes on the site, and most of the property, except the areas covered by houses and driveways, is covered by slopes greater than 10%. (Slope Category Map) 4. There are no irrigation ditches on or adjacent to the property. (Application, page 5) Conclusions of Law: 1. There will be an incremental loss of agricultural land identified by the NRCS as being farmland of local importance; however, the topography is fairly steep, and the soil is already disturbed, minimizing the subdivision’s impact to agricultural lands. 2. No impacts to agricultural water users or water user facilities are foreseen as a result of this subdivision. CRITERION 2: EFFECTS ON LOCAL SERVICES Roads, Driveways and Drainage Findings of Fact: 1. The subject property is accessed from the adjacent Grandview Way, a public street maintained by the City of Missoula. (Preliminary Plat) 2. Lots 1-3 will access Grandview Way via a private road/driveway. Lots 4 and 5 will access Grandview Way directly via individual driveways. (Preliminary Plat) Grandview Way 3. Subdivision Regulations Articles 3-2(3) & 3-2(14) require Grandview Way to have a 28’ paved surface width, with curb/gutter, within a 54’-wide right-of-way. 4. Grandview Way is currently paved to a 32’ width, with curb/gutter, within a 60’-wide public right-of-way. (Application, pages 5-6) Private Road/Driveway serving Lots 1-3 5. Subdivision Regulations Articles 3-2(1)(J) and 3-2(16)(A) require private roads (serving 3 or more lots) to have a minimum 24’ paved surface width within a minimum 28’-60’-wide easement. 6. The private access is currently 14’-36’ wide, within a 26’-56’-wide easement and is a shared driveway serving 2 lots. This shared driveway is being expanded to serve 3 lots and per Subdivision Regulations 3-2(1)(J), the portion serving 3 lots (approximately 15’ from its intersection with Grandview Way) is considered to be a road. (Application, pages 5-6) 7. A variance has been requested to road surface and easement width for this private road, to allow the surface width to remain at its existing variable 14’-36’ width. (Variance Requests; Application, page 6) 8. City Engineering supports the variance, but requires the private road to have a name and a street sign. This is required as a condition of approval. (City Engineering, 04-16-10) 9. The steep slopes of the site and the short distance of the road (approximately 15’) create a topographical hardship. (Preliminary Plat; Slope Category Map; Variance Requests) 10. Subdivision Regulations Article 3-2(1)(J)(2) requires private roads serving multiple properties to be maintained by a property owner’s association or a road maintenance agreement. 11. A road maintenance agreement is included in the application packet. In order to ensure that future property owners are notified of the road maintenance agreement, a condition of ---PAGE BREAK--- 5 approval requires it to be attached to and referenced in the Development Covenants. (Road Maintenance Agreement) Addie Court 12. Addie Court is a private road adjacent to the southern boundary of the property. No access from this road is proposed. (Preliminary Plat; Project Summary, page 2) 13. Subdivision Regulations Article 3-2(1)(F) requires access routes to be reviewed by the Public Works Director and the City Fire Chief. 14. City Engineering requires the plat to include a No-Access strip along Addie Court adjacent to the subdivision. This is required as a condition of approval. (City Engineering, 04-16- 10) Drainage 15. As part of the original Grand Vista Subdivision and Grandview Way construction, the site has been designed for conveyance and disposal of storm water runoff. Grandview Way has existing curb & gutter, as well as a storm water curb inlet and catch basin, which contains an outlet pipe to a retention basin/wetland area (Grading & Drainage Plan, page 2) 16. Four of the five proposed dwellings in this subdivision have been built. Storm water drainage for the proposed home on Lot 1 will be provided by the existing infrastructure on Grandview Way. Grading will be designed to route storm runoff away from the driveway and building site. (Grading & Drainage Plan, page 2) 17. City Engineering required a foundation drain, as recommended in the geotechnical study for the property. A note on the face of the plat requires development to comply with the recommendations of the geotechnical study, unless a new Geotechnical Evaluation is performed. (City Engineering, 04-16-10; Geotechnical Reports) Conclusions of Law: 1. Grandview Way meets the road standards in the Missoula City Subdivision Regulations. 2. The subdivision will meet the road standards in the Missoula City Subdivision Regulations if the variance for the on-site road is approved and the recommended conditions of approval are imposed. 3. The subdivision will meet grading and drainage standards in the Missoula City Subdivision Regulations. Pedestrian Access Findings of Fact: Grandview Way 1. Subdivision Regulations Article 3-2(15)(A) & require a 5’-wide concrete sidewalk with a 7’-wide landscaped boulevard along Grandview Way adjacent to the subdivision. 2. There is an existing 5’-wide curbside sidewalk along Grandview Way adjacent to the subdivision. (Project Summary, page 2) 3. A variance has been requested, to allow the existing curbside sidewalk to remain. (Project Summary, page 2) 4. City Engineering and City Parks support the variance request. (City Engineering, 04-16-10; City Parks, 04-02-10) 5. The existing curb-side sidewalk provides nonmotorized access and would require removal of the existing sidewalk to install a boulevard sidewalk. (Preliminary Plat; Slope Category Map; Variance Requests) ---PAGE BREAK--- 6 Private Road serving Lots 1-3 6. Subdivision Regulations Article 3-2(15)(A) & require a 5’-wide concrete sidewalk with a 7’-wide landscaped boulevard along both sides of the portion of the private road serving 3 lots. 7. A variance has been requested from this requirement. (Project Summary, page 2) 8. City Engineering and City Parks support the variance request. (City Engineering, 04-16-10; City Parks, 04-02-10) 9. The steep slopes of the site and the short distance of the road (approximately 15’) create a topographical hardship. (Preliminary Plat; Slope Category Map; Variance Requests) Conclusions of Law: 1. The subdivision will meet pedestrian facility standards if the variances are approved. Water System and Sewer System Findings of Fact: 1. Sewer will be provided to the subdivision via the city sewer main located in the Grandview Way right-of-way fronting the subdivision. (Application, page 7) 2. Water will be provided to the subdivision via the Mountain Water Company water main located in the Grandview Way right-of-way fronting the subdivision. (Application, page 7) Conclusions of Law: 1. Sewer and water are available to the subdivision and will be in compliance with Subdivision Regulations. 2. Review of water and sewer systems is under the jurisdiction of state and local health authorities under the Montana Sanitation in Subdivision Act. Solid Waste Findings of Fact: 1. Allied Waste will provide disposal service to the subdivision. (Allied Waste, 03-29-10) Conclusions of Law: 1. Solid waste will be available to the subdivision and will be in compliance with Subdivision Regulations. 2. Review of solid waste disposal is under the jurisdiction of state and local health authorities under the Montana Sanitation in Subdivision Act. Parks and Recreation Findings of Fact: 1. Subdivision Regulations do not require parkland dedication for minor subdivisions in which all lots created can only contain one single dwelling unit based on the applicable zoning. (City Resolution #7402) 2. All lots created by this subdivision can only contain one single dwelling unit based on the applicable zoning; therefore no parkland dedication is required for this subdivision. (Preliminary Plat; Missoula Zoning Code; City Resolution #7402) Conclusion of Law: 1. The subdivision meets the required standards for parkland dedication. Schools Findings of Fact 1. Children from this subdivision will attend Chief Charlo Elementary, Meadow Hill Middle School, and Sentinel High School. (Application, page 8) ---PAGE BREAK--- 7 2. The subdivider estimates an additional 1-2 school-aged children will be added to the Missoula County School District #1 as a result of this subdivision. (Application, page 8) 3. No comments were received from the Superintendent of Schools or Missoula School District #1 on this subdivision. Conclusions of Law: 1. No adverse impacts to schools requiring mitigation have been identified. Fire Department Findings of Fact: 1. The Missoula City Fire Department will serve the subdivision. The nearest station is located approximately 2 miles away. (Application, page 9) 2. Water supply for fire protection for this subdivision will be provided by fire hydrants. The nearest fire hydrant is located in Grandview Way across from Lot 1. (Application, page 9; Existing Conditions Map) 3. City Fire had no adverse comments regarding this subdivision. (City Fire, 04-19-10) Conclusions of Law: 1. Fire service is available to the subdivision, and the subdivision meets Subdivision Regulations. Law Enforcement Findings of Fact: 1. The subdivision is located within the jurisdiction of the Missoula Police Department. (Application, page 9) Conclusions of Law: 1. Law enforcement service is available to the subdivision. CRITERIA 3 AND 4: EFFECTS ON THE NATURAL ENVIRONMENT AND WILDLIFE AND WILDLIFE HABITAT Findings of Fact: 1. This property has already been developed for residential uses. (Project Summary, page 1) Wildlife & Wildlife Habitat 2. No riparian resources, floodplains, critical wildlife habitat, or other important natural resources exist on the property. (Application, pages 10-13) 3. Montana Fish, Wildlife, & Parks (FWP) stated that the subdivision is nearly adjacent to a wooded side channel of Moose Can Gully, and less than ¼ mile to the main Moose Can Gully and its associated semi-riparian and forested areas, leading up to forested areas of Mount Dean Stone. Black bear, deer, coyote, fox, skunk, magpie, and possibly mountain lions are found nearby. (FWP, 04-16-10) 4. FWP stated that it is imperative that there be no salting or feeding for deer, as this could further concentrate deer, leading to disease in deer as well as increased lion activity. (FWP, 04-16-10) 5. FWP also stated that there is a lot of black bear activity in Moose Can Gully, which can result in property damage, risk to human safety, mortality of bears, and high expenditure of staff time and money by FWP to respond. (FWP, 04-16-10) 6. In order to help homeowners anticipate and avoid conflicts with wildlife, FWP stated that Living With Wildlife covenants should be applied to the subdivision. This is required as a condition of approval. (FWP, 04-16-10) ---PAGE BREAK--- 8 Weeds 7. A Revegetation Plan for Disturbed Sites was included in the application submittal. (Draft Weed Plan) 8. The Missoula County Weed District did not require a revegetation plan, but stated that the Development Covenants for this subdivision should require lot owners to maintain their lot in compliance with the Montana County Weed Control Act and the Missoula County Noxious Weed Management Plan, and that the Development Covenants should also require lot owners to revegetate any ground disturbance with beneficial species at the first appropriate opportunity. This is required as a condition of approval. (Weed District, 05-07- 10) Conclusions of Law: 1. Impacts to the natural environment and wildlife habitat will be mitigated if the recommended conditions of approval are imposed and the owners enforce the Development Covenants. CRITERION 5: EFFECTS ON PUBLIC HEALTH AND SAFETY Findings of Fact: Radon 1. The Missoula City-County Health Department stated that the EPA has designated the Missoula area as having a high radon gas potential (Zone and recommends that all new buildings incorporate radon-resistant construction features. A condition of approval requires this language to be added to the Development Covenants. (Subdivision Regulations Article 3-1(2); City-County Health Department, 04-13-10) Woodstoves 2. The Missoula City-County Health Department stated that the Missoula City-County Air Pollution Control Program regulations prohibit the installation of wood burning stoves or fireplaces inside the Missoula Air Stagnation Zone, that this subdivision is inside the Air Stagnation Zone, that pellet stoves that meet emission requirements or natural gas or propane fireplaces may be installed, and that pellet stoves require an installation permit from the Health Department. A condition of approval requires that this language be added to the Development Covenants. (Subdivision Regulations Article 3-1(1)(G); City-County Health Department, 04-13-10) Steep Slopes 3. Most of the property not covered by homes or driveways has slopes greater than 10%, with approximately 16% of the property having slopes greater than 25%. (Slope Category Map) 4. Subdivision Regulations Article 3-1(2) prohibits subdivision of land on which there is evidence of hazards, including slopes greater than 25%, unless an engineering or other professional design sufficient to alleviate the foregoing hazards has been submitted by the applicant and approved by the governing body. 5. Subdivision Regulations Articles 5-2(14)(B) and require a geotechnical report in areas with the potential for landsliding or slope instability, and a report for sites proposed for development located on slopes over 10%. Lot 1 6. Lot 1 is undeveloped. The application packet included a detailed Geotechnical Evaluation (with recommendations for building) for Lot 1. A note on the face of the plat requires development of Lot 1 to comply with the recommendations of the geotechnical study, unless a new Geotechnical Evaluation is performed. (Geotechnical Reports; Preliminary Plat) ---PAGE BREAK--- 9 Lots 2-5 7. Lots 2-5 contain existing homes. The application packet included a Geotechnical Reconnaissance for Lots 2-5, which recommends that if new construction or modifications to existing structures is planned for Lots 2-5, further geotechnical investigation shall be required. This information is contained in a note on the face of the plat. (Geotechnical Reports; Preliminary Plat) Conclusion of Law: 1. Adverse impacts to public health and safety will be mitigated if the recommended conditions of approval are imposed and the owners enforce the Development Covenants. 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 5 of M.C.A. 76-3. Conclusion of Law: 1. The plat will be brought into compliance with the local subdivision regulations if the recommended conditions of approval are imposed. 3) REVIEW PROCEDURE Findings of Fact 1. Subdivisions are required to comply with the local subdivision review procedure provided for in Article 4 of the Missoula City Subdivision Regulations. 2. Notice of public meeting on this subdivision was posted on the property on April 26, 2010, and letters were mailed to adjacent property owners on April 27, 2010. 3. The public meeting before the Plat, Annexation, and Zoning Committee of the City Council is scheduled for May 19, 2010. 4. 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. 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. ---PAGE BREAK--- 10 D) PROVISION OF EASEMENTS FOR UTILITIES: Findings of Fact: 1. Access to utilities is provided to the subdivision via a 20’-wide public utility easement along the southern boundary of the subdivision. (Preliminary Plat) 2. The application packet states that the subdivision will be served by Northwestern Energy (electricity and natural gas), Qwest (telephone service), and Bresnan Communications (cable television). (Application, page 7) Conclusions of Law: 1. Utility services will be available to this subdivision and will be in compliance with the Subdivision Regulations. E) PROVISION OF LEGAL AND PHYSICAL ACCESS: Finding of Fact: 1. Physical and legal access will be provided to Lots 4 & 5 via the Grandview Way public right-of-way. (Preliminary Plat; Application, page 2) 2. Physical and legal access will be provided to Lots 1-3 via the private road and shared driveway easement shown on the plat. (Preliminary Plat; Application, page 2) Conclusion of Law: 1. The subdivision proposal meets the physical and legal access requirements of the Subdivision Regulations. V. VARIANCE REQUESTS 1. A variance request from Article 3-2(1)(J), which requires the private road serving Lots 1-3 to have a minimum of 24’ surface width within a minimum 28’-wide private access easement. 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. Granting this variance will not result in a threat to the public safety, health, or welfare. The road only serves 3 dwelling units for a very short distance (approximately 15’) between Grandview Way and the driveway serving Lot 1, at which point the road becomes a private shared driveway serving only 2 lots, with a required minimum 12’ surface width and minimum 20’ easement. 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 of this property are unique because of the curving shape of the driveway and the fact that the road only serves 3 dwelling units (2 of which have existing homes) for a very short distance (approximately 15’) between Grandview Way and the driveway serving Lot 1, at which point the road becomes a private shared driveway serving only 2 lots, with a required minimum 12’ surface width and minimum 20’ easement. ---PAGE BREAK--- 11 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. The steep slopes of the site and the short distance of the road (approximately 15’) create a physical and topographical hardship. 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, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. E. The variance will not cause an increase in public costs. Approval of the variance will not cause an increase in public costs, as the road is private. 2. A variance request from Article 3-2(15)(A)(1), which requires 5’-wide sidewalks with 7’-wide boulevards to be constructed on the private road serving Lots 1-3. 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. Granting this variance will not result in a threat to the public safety, health, or welfare. The road only serves 3 dwelling units for a very short distance (approximately 15’) between Grandview Way and the driveway serving Lot 1, at which point the road becomes a private shared driveway serving only 2 lots, where sidewalks and boulevards are not required. 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 of this property are unique because of the curving shape of the driveway and the fact that the road only serves 3 dwelling units for a very short distance (approximately 15’) between Grandview Way and the driveway serving Lot 1, at which point the road becomes a private shared driveway serving only 2 lots, where sidewalks and boulevards are not required. 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. The steep slopes of the site and the short distance of the road (approximately 15’) create a physical and topographical hardship. ---PAGE BREAK--- 12 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, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. E. The variance will not cause an increase in public costs. Approval of the variance will not cause an increase in public costs, as the road is private. 3. A variance request from Article 3-2(15)(A)(1), which requires 5’-wide sidewalks with 7’-wide boulevards to be constructed on Grandview Way. 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. Boulevard sidewalks are more protective of public health and safety than curbside sidewalks; however, curbside sidewalks were approved and constructed as part of the prior Grand Vista subdivision. 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 of this property are unique because the curbside sidewalks are existing. 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. The steep slopes of the site create a topographical hardship. 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, the Missoula Urban Area Comprehensive Plan, or the master plan for the area. E. The variance will not cause an increase in public costs. Approval of the variance will not cause an increase in public costs, as the curbside sidewalks are existing. ---PAGE BREAK--- 13 MOTIONS AND CONDITIONS VI. RECOMMENDED MOTIONS 1. THAT the variance request Article 3-2(1)(J), which requires the private road serving Lots 1-3 to have a minimum of 24’ surface width within a minimum 28’- wide private access easement, be approved, based on the findings of fact in the staff report. 2. THAT the variance request from Article 3-2(15)(A)(1), which requires 5’-wide sidewalks with 7’-wide boulevards to be constructed on the private road serving Lots 1-3, be approved, based on the findings of fact in the staff report. 3. THAT the variance request from Article 3-2(15)(A)(1), which requires 5’-wide sidewalks with 7’-wide boulevards to be constructed on Grandview Way, be approved, based on the findings of fact in the staff report. 4. THAT the Grand Vista, Lot 20A Subdivision be approved, based on the findings of fact and subject to the recommended conditions of approval in the staff report. VII. RECOMMENDED CONDITIONS OF SUBDIVISION APPROVAL Roads and Driveways 1. A 1’ No-Access Strip shall be designated on the plat along the southern property boundaries of Lots 1-3, subject to review and approval by OPG prior to final plat approval. (Subdivision Regulations Article 3-2(1)(F); City Engineering recommendation) 2. The private road serving Lots 1-3 shall be named, the name shall be placed on the final plat, and a street sign shall be installed, subject to review and approval by City Engineering and OPG prior to final plat approval. (Subdivision Regulations 3-2(19); City Engineering recommendation) Development Covenants 3. The subdivider shall provide Development Covenants that include sections on applicability, steep slopes, noxious weed control, private road maintenance, shared driveway maintenance, radon, wood stoves, living with wildlife, and amendments, subject to review and approval by OPG prior to final plat approval. The Applicability section shall state that the Covenants apply to Lots 1-5 of Grand Vista, Lot 20A Subdivision, and that the covenants run with the real property and are binding on all parties acquiring any right, title, or interest to the subject property. The Steep Slopes section shall reference the geotechnical studies that shall be attached as Exhibits to the Development Covenants. The Private Road Maintenance section and Shared Driveway Maintenance section shall each reference the appropriate maintenance agreement that shall be attached as Exhibits to the Development Covenants. (Subdivision Regulations Articles 4-1(13), 3-1(1)(B), 3- recommendations from Missoula City-County Health Department and Montana Fish, Wildlife, & Parks) ---PAGE BREAK--- 14 4. The following language shall be added to the Development Covenants, subject to review and approval by OPG prior to final plat approval: “Radon. The EPA has designated the Missoula area as having a high radon gas potential (Zone Therefore, the Missoula City-County Health Department recommends that all new buildings incorporate radon-resistant construction features.” (Subdivision Regulations Article 3-1(2); City-County Health Department recommendation) 5. The following language shall be added to the Development Covenants, subject to review and approval by OPG prior to final plat approval: “Woodstoves. The Missoula City-County Air Pollution Control Program regulations prohibit the installation of wood burning stoves or fireplaces inside the Missoula Air Stagnation Zone. This subdivision is inside the Air Stagnation Zone. Pellet stoves that meet emission requirements or natural gas or propane fireplaces may be installed. Pellet stoves require an installation permit from the Health Department.” (Subdivision Regulations Article 3-1(1)(G); City-County Health Department recommendation) 6. The following language shall be added to the Development Covenants, subject to review and approval by OPG prior to final plat approval: “Noxious Weed Control. Lot owners shall maintain the property in compliance with the Montana County Weed Control Act and the Missoula County Noxious Weed Management Plan. Lot owners shall revegetate any ground disturbance with beneficial species at the first opportunity after the disturbance occurs. Owners are encouraged to contact the Missoula County Weed District for more information on methods of weed control.” (Subdivision Regulations Article 3-1(1)(f); Missoula County Weed District recommendation) 7. The following language shall be added to the Development Covenants, subject to review and approval by OPG prior to final plat approval: “Amendments. Sections relating to radon, wood stoves, living with wildlife, steep slopes, noxious weed control, private road maintenance, and shared driveway maintenance may not be amended or deleted without prior written consent from the governing body.” (Subdivision Regulations Articles 3-1(1)(G), 3-1(2), 3-1(9), & 3-1(10)) 8. The following Living With Wildlife language shall be added to the Development Covenants, subject to review and approval by OPG prior to final plat approval: (Subdivision Regulations Article 3-1(9) & 3-1(10); Montana Fish, Wildlife, & Parks recommendation) “Section Living with Wildlife Homeowners (hereafter, residents) 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, and other potential attractants. Residents must be aware of potential problems associated with the presence of wildlife such as deer, black bear, mountain lion, coyote, fox, raccoon, skunk, squirrels, and magpie. Please contact the Montana Fish, Wildlife & Parks office in Missoula for brochures that can help residents “live with wildlife.” Alternatively, see FWP’s web site at http://fwp.mt.gov. ---PAGE BREAK--- 15 The following covenants are designed to help minimize problems that residents could have with wildlife, as well as helping residents protect themselves, their property and the wildlife that Montanans value. a. Residents 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. Residents should be prepared to take the responsibility to plant non-palatable vegetation or protect their vegetation (fencing, 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 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. Contact the City of Missoula for any ordinances related to bears and subsequent garbage handling requirements for this location. d. Do not feed wildlife or offer supplements (such as salt blocks), attractants, or bait to 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 ungulates (deer, elk, moose, etc.), bears, or mountain lions with supplemental food attractants (any food, garbage, or other attractant) or to provide feed 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, residents must be aware that ungulates can attract mountain lions to the area. e. Birdseed is an attractant to 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. 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. g. Pet food should be stored indoors, in closed sheds or in animal-resistant containers in order to avoid attracting wildlife such skunks and raccoons. 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. Permanent outdoor barbecues grills are discouraged. Keep all portions of the barbecues clean. Food spills and smells on ---PAGE BREAK--- 16 and near the grill can attract bears and other wildlife. (Due to the potential hazard of fire and explosion, propane cylinders for gas-fueled grills should be disconnected and kept outdoors. Under no circumstances should propane cylinders be stored indoors.) 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 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 designs. j. Compost piles can attract skunks and bears. If used they should be kept in wildlife-resistant containers or structures. 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. (Due to the potential fire hazard associated with decomposition of organic materials, compost piles should be kept at least 10 feet from structures.)” ---PAGE BREAK--- 17 VIII. REFERENCES CITED The following materials are referenced throughout this document. For ease of reading, short versions of the citations (shown in bold) are used in-text, and full citations are included here. Plans & Regulations M.C.A.: Montana Code Annotated, 2009 Subdivision Regulations: City of Missoula Subdivision Regulations. Adopted by the City of Missoula and amended March 24, 2008 by Resolution # 7322 City Resolution #7402, amending City Subdivision Regulations, Article 3-8, entitled “Parks and Open Space Requirements” South Hills Comprehensive Plan 1987 Update, an amendment of the 2005 Missoula County Growth Policy Update. Elements of the Grand Vista, Lot 20A application packet submitted on April 29, 2010: Preliminary Plat: Preliminary Subdivision Plat of Grand Vista, Lot 20A Subdivision (Section 2) Slope Category Map: Slope Map of Lot 20A ~ Grand Vista Subdivision (Section 2) Existing Conditions Map: Existing Conditions Map of Grand Vista Subdivision (Section 2) Project Summary: Grand Vista, Lot 20A Project Summary (Section 3) Variance Requests: Variance Requests (Section 4) Application: City of Missoula Subdivision Application (Section 5) Geotechnical Reports: Hillside Geotechnical Reports (Section 6) Grading & Drainage Report: Grading & Drainage Report (Section 8) Road Maintenance Agreement: Draft Shared Access Maintenance Agreement (Section 11) Draft Weed Plan: Missoula County Noxious Weed Control District Revegetation Plan for Disturbed Sites (Section 12) Agency Comment Letters (Section 15 of application packet): Allied Waste, 03-29-10: Allied Waste, dated March 29, 2010 City Engineering, 04-16-10: Department of Public Works / Engineering Division, dated April 16, 2010 City Fire, 04-19-10: Missoula City Fire Department, dated 04-19-10 City Parks, 04-02-10: Missoula City Parks Department, dated April 2, 2010 FWP, 04-16-10: Montana Fish, Wildlife, & Parks, dated April 16, 2010 Mountain Water, 03-29-10: Mountain Water Company, March 29, 2010 Attachments Weed District, 05-07-10: Missoula County Weed District agency comment letter, dated May 7, 2010 IX. ATTACHMENTS A. Final Plat Requirements B. Project History Form C. Agency comment letter from Missoula County Weed District, dated May 7, 2010 (not included in Application packet) D. Public Comment ---PAGE BREAK--- 18 ATTACHMENT A FINAL PLAT REQUIREMENTS If Council preliminarily approves the proposed subdivision, the preliminary approval applies to the subdivision as proposed on the preliminary plat and in the submittal packet, as amended by any conditions of approval. The Office of Planning and Grants and other applicable agencies will review for the following items, in addition to conditions of approval, Subdivision Regulations Article 5-6, and the final plat checklist, prior to final plat approval in order to ensure compliance with the subdivision regulations, other applicable regulations, and the proposed preliminary plat and submittal packet: Geotechnical Studies 1. The following notes are placed on the final plat: “Development on Lots 2-5. Any new construction or modifications/additions to existing structures on Lots 2-5 that alters existing slopes over 10% shall require a geotechnical evaluation prior to building permit approval. The geotechnical evaluation shall include a detailed slope stability analysis, or a certification by a geotechnical engineer stating a slope stability analysis is not warranted. The analysis shall be performed on proposed finished slopes and include both cut and fill slopes. Development of Lot 1. Any new construction that alters existing slopes over 10% on Lot 1 shall comply with the recommendations of the geotechnical evaluation for Lot 1 completed by SK Geotechnical, 4041 Whippoorwill Drive, Building B, P.O. Box 16123, Missoula, MT 59808, prepared for Professional Consultants, Inc. on January 15, 2010; or provide a new geotechnical evaluation which includes a detailed slope stability analysis; or a certification by a geotechnical engineer stating a slope stability analysis is not warranted. The analysis shall be performed on proposed finished slopes and including both cut and fill slopes.” 2. The following statement shall be placed on the plat and in each instrument of conveyance: “The purchaser and/or owner of the lot or parcel understands and agrees that private road construction, maintenance, and snow removal shall be the obligation of the owner or property-owners Association and that the City of Missoula is in no way obligated to perform such maintenance or upkeep until the roads are brought up to standards and accepted by the City of Missoula for maintenance.” 3. The plat shall include a statement that the acceptance of a deed for a lot within the subdivision shall constitute the assent of the owners to any future SID, based on benefit, for future improvements and maintenance of the private road serving Lots 1-3, Grandview Way, and Hillview Way, including but not limited to paving, curbs and gutters, the installation of non-motorized facilities, street widening and drainage facilities. ---PAGE BREAK--- 19 ATTACHMENT B SUBDIVISION PROJECT HISTORY Project: Grand Vista, Lot 20A Subdivision Applicant: Missoula Housing Authority, c/o Executive Director Lori Davidson Representative: Dale McCormick, Professional Consultants, Inc. (PCI) Dates Pre-application Meeting 09/03/09: Janet Rhoades and Mitch Doherty (OPG) with Dale McCormick (PCI) Element Submitted 02/11/10 Complete 03/17/10 Sufficiency Submitted 03/26/10 Sufficient 04/21/10 Submittal 35-day Deadline 06/09/10 Extension Granted N/A PAZ 05/19/10 City Council 06/07/10 Public Notice Posted 04/26/10 APOs Sent 04/27/10 Plat Approval Expiration Date 06/07/12 ---PAGE BREAK--- 20 ATTACHMENT C MISSOULA COUNTY WEED DISTRICT AGENCY COMMENT LETTER, DATED 05-07-10 ---PAGE BREAK--- 21 ATTACHMENT D PUBLIC COMMENT