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ALEXANDRA ESTATES

A MAJOR SUBDIVISION IN MISSOULA COUNTY


PRIMARY REVIEW CRITERIA REPORT:
SUMMARY OF PROBABLE IMPACTS

Narrative description of the proposed project and existing site conditions, including, but
not limited to:

Owner: Liberty Cove, Inc.


PO Box 819
Missoula, MT 59806-819

Developer: Same

Representative name and company: WGM Group, Inc.


1111 E Broadway
Missoula, MT 59802

Subdivision name: Alexandra Estates

# of lots proposed Twenty-Three (23) Residential Lots, and One


(1) Utility Lot

# of acres 116.27 Acres

Legal Description
Tract 9-B of Certificate of Survey No. 3041, Tract 1 of Certificate of Survey No. 5232,
Parcel 3 of Certificate of Survey No. 5122, Tract 3 of Certificate of Survey No. 2926,
Parcel 2 of Certificate of Survey No. 5122 and Tract 1-A of Certificate of Survey No.
4349, records of Missoula County, Montana, located in Section 22, Township 12 North,
Ranch 20 West, Prinicpal Meridian, Montana.

Introduction
Alexandra Estates is sited in the large field on the southwesterly side of US Highway 93
South, between Bird Lane and Valley Grove Drive, approximately two miles north of the
intersection of US Highway 93 South and US Highway 12. The site contains 116.3
acres and consists of six existing tracts/parcels. Working with WGM Group, Inc., Liberty
Cove, Inc. proposes to subdivide this property to create twenty-three single-family
residential lots and one utility lot. A proposed road, Alexandra Drive, will bisect the
subdivision to provide access to all twenty-three lots. The road will connect to Bird Lane
on the north and Valley Grove Drive on the south. All twenty-three lots will be served by
individual wells and drainfields. The utility lot will contain two existing drainfields.
Currently these existing drainfields are located in an easement on the Alexandra

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Estates site (Tract 1 of COS 5232). The utility lot will be deeded to the owners of the
drainfields.

There is one existing small farmhouse located on proposed Lot 6 and three outbuildings
on the site. The existing home is currently rented out by the owner and is proposed to
remain. The two outbuildings located on proposed Lot 15 may be removed by the
future lot owners if they are not in locations suitable to accommodate the new
residence. The outbuilding located on Lot 6 will be removed with the extension of
Alexandra Drive in Phase II.

There is an existing well and sanitary facilities serving the current home on Lot 6. The
existing well is proposed to remain. Because of the age of the existing home, septic
permit records are not available for the existing sanitary facilities. A new drainfield is
proposed for Lot 6 to ensure compliance with state and county regulations.

The property has been used for grazing and agriculture purposes in the past. With the
exception of the far western portion, the site is generally flat with a slight slope from east
to west. The far western portion of the site climbs to the west at slopes ranging from
10% to 40%.

The property that comprises Alexandra Estates has been proposed for development in
the past. In 2001, a 70-lot subdivision named Liberty Cove was proposed on this
property. Project correspondence and technical reports related to Liberty Cove and
other past projects on this site have been compiled and are available for viewing on
WGM Group’s company website. The website address is http://www.wgmgroup.com.

Annexation, Zoning, Comprehensive Plan and Growth Policy


The subject property is in the County of Missoula, just north of Lolo, Montana. The site
falls within the recently adopted North Lolo Growth Policy Amendment and Rural
Special Zoning District, Resolution No. 2010-066. The comprehensive plan
designations are one (1) dwelling unit per acre and Open and Resource. The zoning
standards are Z.D. 33 and NLRSPZD R, with zoning designations of NLRSPZD R at
one (1) dwelling unit per acre (when not connected to water and sewer) and Z.D. 33
with space and bulk requirements at a minimum lot size of one (1) acre.

Neighborhood Meetings
The required neighborhood meeting was held the evening of April 27, 2011 at the office
of the King’s Christian Church. The required notification mailing and meeting postings
were completed within the required timeframes. There were 20 neighbors in
attendance.

Covenants
Declaration of Covenants, Conditions and Restrictions are proposed for Alexandra
Estates. The Living with Wildlife section was obtained in advance from the Montana
Fish, Wildlife & Parks’ local office. There are no common areas proposed in this
development.

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Phasing Plan
Alexandra Estates is proposed to be developed in four phases. The proposed filing
deadlines are Phase I December 31, 2013, Phase II December 31, 2015, Phase III
December 31, 2017 and Phase IV December 31, 2019.

Building Envelopes
Building envelopes are proposed on some of the lots on the westerly side of Alexandra
Drive. These envelopes consist of a contiguous area within which all lawn, buildings,
barns, corral facilities, outbuildings, swimming pools, tennis courts, fences, walls, or
other structures must be located. The area of the proposed building envelope is
bounded by Alexandra Drive on the east and the building envelope line on the west.

Park/Common Area Dedication Requirements


This 116.27 acre development consists of lots ranging in size from 3.01 acres to 6.91
acres. The developer/owner is proposing cash in lieu of parkland dedication.

The amount of land, 0.42 acres that would be dedicated for park would not be of size to
meet the requirements for a neighborhood park. Neighborhood parks should be about
five acres in size. Because of the small size, the propensity for park maintenance is
diminished.

The cash-in-lieu could be used by Missoula County to improve parkland in the Lolo
Community which is easily accessible from the subdivision. The benefit to the Lolo
area and to the residents of this subdivision from a small park is limited because most
of the lots will have yards that are bigger than the park.

In a low density subdivision, there is no way to design a park such that a large number
of lots face onto the park providing the requisite safety factor for children who will be out
of ear-shout from their homes. A solution to keep children safe from predators is to
have them play at home in fenced areas with an adult at home.

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The development is proposed to be built out in four phases. The following is a breakout
of the parkland dedication requirement by phase.

PHASE I
AREA
SIZE PARKLAND PARKLAND REQUIREMENT
LOT NO. (ACRES) EXEMPTION REQUIREMENT (ACRES)
8 5.55 EXEMPT
9 5.21 EXEMPT
10 6.91 EXEMPT
11 5.07 EXEMPT
12 3.20 NO 2.50% 0.08
13 5.92 EXEMPT
PHASE I PARKLAND DEDICATION REQUIREMENT 0.08

PHASE II
AREA
SIZE PARKLAND PARKLAND REQUIREMENT
LOT NO. (ACRES) EXEMPTION REQUIREMENT (ACRES)
6 6.87 EXEMPT
7 6.38 EXEMPT
14 5.05 EXEMPT
15 3.01 NO 2.50% 0.07525
PHASE II PARKLAND DEDICATION REQUIREMENT 0.07525

PHASE III
AREA
SIZE PARKLAND PARKLAND REQUIREMENT
LOT NO. (ACRES) EXEMPTION REQUIREMENT (ACRES)
1 5.10 EXEMPT
2 5.10 EXEMPT
20 3.54 NO 2.50% 0.0885
21 5.10 EXEMPT
22 3.39 NO 2.50% 0.08475
23 5.10 EXEMPT
PHASE III PARKLAND DEDICATION REQUIREMENT 0.17325

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PHASE IV
AREA
SIZE PARKLAND PARKLAND REQUIREMENT
LOT NO. (ACRES) EXEMPTION REQUIREMENT (ACRES)
3 5.10 EXEMPT
4 5.10 EXEMPT
5 5.10 EXEMPT
16 5.10 EXEMPT
17 5.36 EXEMPT
18 5.10 EXEMPT
19 3.79 NO 2.50% 0.09475
PHASE IV PARKLAND DEDICATION REQUIREMENT 0.09475

TOTAL 115.53 0.42325

SAY = 0.42

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INFORMATION REQUIRED FOR SECTION K OF THE MISSOULA COUNTY
SUBDIVISON REGULATIONS:
ENVIRONMENTAL ASSESSMENT, PRIMARY REVIEW CRITERIA REPORT, SUMMARY OF
PROBABLE IMPACTS, AND SUBDIVISION REGULATION COMPLIANCE

In accordance with Montana Code Annotated, Chapter 76-3-603, and Section K. of the
Missoula County Major Subdivision Application, the following paragraphs provide
narrative descriptions detailing adverse impacts and describing proposed avoidance
and mitigation efforts for Alexandra Estates in relation to the areas of interest defined in
Section K. of the Subdivision Application. The order of the following sections
corresponds with that of Section K. of the Missoula County Major Subdivision
Application. Please refer to Section K. of the Subdivision Application for additional
detail related to the environmental assessment.

Impact on Agriculture

As proposed, Alexandra Estates consists of 23 lots averaging 5-acres in size. The


North Lolo Rural Special Zoning District, adopted in May 2010 allows for minimum lot
sizes of 1-acre (or ½ acre when public water and sewer are connected) over the
southern portion of the site. Minimum lot sizes of 1 acre are also allowed over the
northern portion of the site per Zoning District 33 requirements. The 2002 Lolo
Regional Plan designates the area in and around Alexandra Estates for a development
density of 1 dwelling unit per acre. By maintaining an average lot size of 5-acres,
Alexandra Estates provides mitigation to the impact on agriculture over the full
development of the site that is designated in the regional plan and allowed by zoning.
The smaller 1-acre (or 1/2-acre) lot sizes allowed by zoning would require a more
extensive road network and result in a larger percentage of the site being utilized for
road, home, and other impervious improvements than what is proposed. The 5-acre
lots of Alexandra Estates provide larger contiguous areas for agricultural uses and
require a much smaller portion of the site be developed with impervious improvements
than 1-acre lots. Table 1 below provides a breakdown of the impacts to the site of
Alexandra Estates vs. that allowed by zoning. The areas of the site below the elevation
of the 100-year floodplain or on slopes steeper than 25% are excluded from the
developable land area in Table 1.

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Table 1
Developable Land Usage Analysis
Total Land Area 116.3 Acres
Land with slopes in excess of 25% 10.8 Acres
Land below the elevation of the 100-Year Floodplain 32.5 Acres
Total Developable Land 73.0 Acres

Development Density 1/2 Acre Lots 1 Acre Lots Proposed Alexandra Estates
Number of Lots 146 73 23
Street Area per Lot* 3,000 SF (0.07 Acres) 6,000 SF (0.14 acres) per Pre-Plat
Total Street Easement Area 10.1 Acres 10.1 Acres 5.4 Acres
Home and Driveway Area per Lot ** 4500 SF (0.10 Acres) 6000 SF (0.14 Acres) 6000 SF (0.14 Acres)
Total Home and Driveway Area 15.1 Acres 10.2 Acres 3.2 Acres
Total Area Occupied By Roadway and
Home and Driveways 25.2 Acres 20.3 Acres 8.6 Acres
Percentage of Developable Land
Occupied By Roadway and Home and
Driveways 34.5% 24.1% 11.8%

Notes * Street area per lot estimated as 1/2 of a 60-foot wide right -of-way along the
short side of the proposed lot. For a 1/2 acre lot, assume a 100-foot length
of right-of-way with a 30-foot width per lot (100ft x 220ft Lot). For a 1 acre lot
assume a 200-foot length of right-of-way with a 30-foot width per lot (200ft x
220ft Lot). The street area for the proposed Alexandra Estates is taken from the
actual preliminary plat.
**Home and driveway area per lot estimated as a 2,000 square foot home with a
2,500 square feet of pavement and driveway for a 1/2 acre lot and as a 2,500
square foot home with 3,500 square feet of driveway for 1 acre lots and larger.

In addition to reducing the percentage of road and home development area on the site,
the proposed 5-acre parcels provide better opportunity for truck gardens and hobby
ranches than would the 1-acre lots allowed by zoning. It is these truck garden and
hobby ranch operations that have allowed for a large portion of the growth on the
agricultural market over the last two decades. According to Suzanne Peterson with
Quality Supply (now Murdoch’s), “it is these ‘hobby ranches’ that have enabled the
signification growth of Quality Supply over the past 20 years. This type of growth has
been good for the economy and the environment… With smaller 5 and 10 acre ranches
that are owned by people who have jobs other than ranching, they have more money to
spend on their properties. They are good stewards of the land because they want the
land to look good. They control the weeds, mow and irrigation. They purchase fencing,
pesticides, animal health products and ATV’s from us to use on their land and in raising
their animals.” Additionally, truck gardens provide a viable and important segment of
the local agricultural economy. During the public review of the Chickasaw Subdivision
in Missoula it was stated that truck gardens could produce up to $30,000 of annual
revenue.

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The approximately 104 acres of farmland on the site fall into the categories of prime if
irrigated, prime farmland of statewide importance and farmland of local importance.
According to a person who farmed the land historically and who also farmed land out on
Mullan Road, this land is about 40% less productive than the land out on Mullan Road in
the vicinity of 44 Ranch. In the early farming days the site was infested with gophers
and not fully utilized for agricultural production. Then it was improved by management
to Timothy hay. The gophers were removed, irrigation wheel-line installed and the
weeds were removed and the site was irrigated. Timothy hay requries a lot of irrigation
and fertilizer; the water rights and irrigation equipment were just marginal for the rotation
needed to maximize crop production. The sand and gravel content of the soils required
more frequent irrigation than the soils classifications would indicate, the farmer felt that
fertilizer was easily leached through the soil. After some years of farming the site for
hay, and the farmer, making what he described as a “terrible” living, sold the property
for land development. The only cropland that adjoins the subdivision is northerly in
small acreage parcels with homes. Alexandra Estates proposes homes and lots of
nearly the same size or larger and should have minimal impact on these adjoining small
acreage parcels. There is no other agricultural land that adjoins the site. The
subdivision would not remove land from agriculture.

The property requires management practices such as irrigation, fertilizer and pest
management to produce a crop. Diesel fuel has risen close to four dollars a gallon for
off-road fuel. Fertilizer almost doubled in price this year and the cost of chemicals for
weed control has also increased. It is entirely likely that the individual owners of the
tracts will have the financial resources to intensively manage the parcels in agriculture.
Because the lots also serve as a home site, the use of the property for agriculture will
not require making a living from the land as a farmer or rancher would for the property in
its current configuration. Subdividing the land as proposed could actually increase the
agricultural productivity and increase the level of stewardship.

Impact on Agricultural Water User Facilities


There are no water districts in the vicinity of this site. There are sections of an
abandoned irrigation ditch along the western portions of Lots 11, 12, 13, and 14.
According to our research, no evidence of a surface water right associated with the
abandoned irrigation ditch is on file. No action is proposed for the abandoned irrigation
ditch.

There is an existing pond on proposed Lot 6 and an existing well on proposed Lot 9 that
have been used for irrigation previously. Irrigation easements are proposed for buried
irrigation mainline from the pond on Lot 6 and from the well on Lot 9 to Alexandra Drive.
Lots on the westerly side of Alexandra Drive have access to the irrigation mainline
easement that runs along the westerly side of Alexandra Drive from the north at the
common lot line of Lots 22 and 23 to the south to the common lot line of Lots 11 and 12.
At the common lot line of Lots 11 and 12, the easement crosses to the easterly side of
Alexandra Drive where the main will go under Alexandra Drive and the irrigation
easement will continue along the easterly side of Alexandra Drive south to Lot 10. Lots

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on the easterly side of Alexandra Drive have access to the irrigation mainline easement
that runs parallel with US Highway 93 South from the north at the common lot line of
Lots 1 and 2 to the south to the common lot line of Lots 9 and 10. The proposed
irrigation easement is of adequate width to accommodate the physical placement and
maintenance of the irrigation mainline that will potentially provide irrigation water to the
lots in Alexandra Estates. The irrigation easement adjoins public right-of-way that
allows the use of the public right-of-way for the maintenance of the irrigation mainline
with appropriate permits from Missoula County. Future irrigation users will have to form
an association to manage the installation of irrigation facilities and an entity to receive
the water rights should they desire to use irrigation water from the well. Future
installation of the irrigation mainline on the westerly side of Alexandra Drive will a buried
pipe crossing(s) of Alexandra Drive. Two 12-inch sleeves beneath Alexandra Drive are
proposed to be installed with the construction of Alexandra Drive to facilitate future
installation of irrigation mainline without disturbance to the surface of Alexandra Drive.
The first sleeve will be placed near the common lot boundary of Lots 6 and 7 to provide
access to the pond on Lot 6. The other sleeve will be placed near the common lot
boundary of Lots 11 and 12 to provide access to the well on Lot 9.

The covenants provide for a restriction on placement of structures or the planting of


vegetation other than grass within the ditch easement without the written permission of
the association. Easements for irrigation mainlines, roadways or utilities prohibit by
their nature the placement of trees, structures or fences that would impede the use and
enjoyment of the easement by the users of the easement.

Impact on Natural Environment


Each Portion of the Natural Environment section is addressed separately in the sub
paragraphs below:

Public Lands
No public lands are adjacent to the subdivision.

Historic Resources
No historic resources have been identified on the site.

Water Rights
Water rights have not been severed from this property. The preliminary plat
shows the dedication of an irrigation mainline easement should the property
owners wish to form an association for the installation and maintenance of
irrigation equipment and an entity to receive water rights. As stated previously,
according to our research, no evidence of a surface water right associated with
the abandoned irrigation ditch is on file.

Groundwater
Groundwater levels were monitored in 2001 and 2002. Monitoring data suggests
that groundwater levels are generally 7 to 10-feet below ground surface over
much of the flat portion of the site. Groundwater levels are currently being

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monitored at each of the twenty-three proposed drainfield locations. Results
from this year’s groundwater monitoring will likely be much higher than average
because of high snowpack levels in the Bitterroot watershed.

All twenty-three lots will be served by individual wells and drainfields. Research
of nearby well logs and data from past test well pumping on the site indicate that
adequate groundwater flows are available for the proposed individual wells that
will serve each of the twenty-three lots. Non-degradation requirements have
been addressed for all lots, including cumulative effects with existing approved
lots. On-site wells and drainfields are being designed to comply with Missoula
County and State of Montana requirements. Groundwater monitoring results are
necessary to complete drainfield design.

Surface Water
The site is not situated in the currently adopted regulatory floodplain. However,
the easternmost portion of the site is in the floodplain when the flood stage
elevation of the Bitterroot River is calculated across the site. The December
2010 Revised Draft DFIRM map shows that the easternmost portion of the site
will likely be in the forthcoming regulatory floodplain. Adoption of the revised
DFIRM floodplain is not anticipated until late 2011 or early 2012. We are
anticipating the inclusion of portions of the site in the floodplain and have
calculated the extents of the floodplain on the site based on flood stage
elevations and are showing this area as a no-build zone on the preliminary plat.
In areas where the Revised Draft DFIRM mapping extend beyond the limits of
the anticipated floodplain based on elevations, the limits of the no-build zone
have been extended to encompass all of the area represented on the DFIRM
map.

The Bitterroot River is the only non-ephemeral body of water in the proximity of
the project site. All other nearby bodies of water are seasonal drainage courses.
The impacts of the project’s development to the Bitterroot River are curtailed by
compliance with State of Montana non-degradation requirements and with
Missoula County storm drainage requirements. The Summary of Sanitary
Submittal report included in this submittal includes a non-degradation analysis for
the proposed sanitary facilities. Per Missoula County storm drainage
requirements, storm water discharge from the site must be limited to pre-
development rates. The Storm Drainage Report included in this submittal
summarizes the proposed storm drainage improvements, runoff from Alexandra
Estates will be limited to pre-development rates.

There are several ephemeral drainages that are upstream of this project site.
The USGS topographic map identifies the northernmost drainage as Worden
Creek. This drainage is about 550 acres in size. Just south of this is an
unnamed tributary of Worden Creek that is about 90 acres in size. The USGS
map indicates that Worden Creek terminates before entering Alexandra Estates.
These two drainages reach this subdivision near the northwest corner. South of

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the unnamed tributary of Worden Creek, the drainage from the foothills runs
primarily as sheet flow to the base of the foothills that are at the west edge of the
subdivision. This is an area of about 200 acres. At the very south edge of the
subdivision, there is another unnamed tributary with an area of about 280 acres,
which reaches the subdivision at the southwest corner.

There is no channelization of the flow across the site from the offsite drainages
of Worden Creek, its unnamed tributary, or the sheet flow from the foothills. Any
sheet flow runoff originating from the offsite terminations of Worden Creek and its
tributary will be collected in a swale that runs parallel to the base of the hills and
will be routed beneath Alexandra Drive to the proposed drainage easement near
US Highway 93 South before discharging from the site through one of three
existing culverts beneath the highway. Collection of any runoff originating from
the offsite termination of Worden Creek or its unnamed tributary in the proposed
swale provides a direct route for this runoff through the site and prevents any
possible runoff from these sources from potentially flowing through the roadside
ditches. It is worth noting here that the Worden Creek drainage is severely
obstructed upstream from the site near the end of Moe Road. At the west end of
the Missoula County maintained portion of Moe Road, the roadway is
constructed across Worden Creek. There are no culverts or drainage structures
provided beneath the roadway. The roadway construction across Worden Creek
essentially creates a 5 to 6-foot tall “dam” across Worden Creek. That being
said, there is no evidence of water accumulating behind this “dam;” it appears
that discharge of runoff from Worden Creek is very uncommon.

Runoff from the foothills will be allowed to sheet flow to the proposed road side
ditches. Flows from the road side ditches will be routed through culverts beneath
the proposed street through swales towards the east before discharging the site
through one of three existing culverts beneath US Highway 93 South. After
passing under US Highway 93 South, runoff will continue easterly until it reaches
the Bitterroot River.

The drainage at the south end of the subdivision runs in an existing drainage
channel along the southern edge of the subdivision. When it reaches the
roadside ditch for US Highway 93 South, it will flow northerly for about 600 feet to
an existing 18-inch concrete pipe that crosses under the highway. Runoff will
continue easterly until it reaches the Bitterroot River.

There is a small existing pond on Lot 6. The water elevation in this pond
fluctuates seasonally as groundwater levels vary. The pond will remain with the
development of Alexandra Estates. The ground around this pond has been
grazed down to bare soil, no vegetation exists on or near the banks of the pond.

Runoff from the site is generally addressed by a network of roadside ditches and
drainage swales. Runoff resulting from increased hard surface area on the site
will be addressed with dry well sumps. The proposed dry well sumps will be

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sized and constructed to retain any increase in site runoff from the pre-
development condition as required by Missoula County and State of Montana
regulations.

Vegetation
The site has historically been grazed and contains grasses for grazing. No
wetlands or riparian vegetation exist due to the historical grazing. The
southwesterly portion of the property is forested as it slopes from the pasture to
the hillside to the west. No adverse impacts are anticipated.

Geology/Hydrology/Soils/Slopes
The soils underlying the Alexandra Estates site consist primarily of Alberton fine
sandy loams, Bigarm gravelly loams, and Grantsdale loams. These soils
generally consist of several feet of sandy and gravelly loams underlain by
gravelly sand subsoils. The thickness of the loam layer and the texture of the
subsoil vary. These soils are not anticipated to pose problems to construction on
the site.

Areas on the site are designated No Build Zones. These include areas with
slopes greater than 25% and areas below the elevation of the 100-year
floodplain.

Impact on Wildlife and Wildlife Habitat


The site has historically been grazed and contains grasses for grazing. No wetlands or
riparian vegetation exist due to the historical grazing. The southwesterly portion of the
property is forested as it slopes from the pasture to the hillside to the west.

The Montana Fish Wildlife & Parks’ website states black bear, dusky (blue) grouse, elk,
gray partridge, gray wolf, moose, mountain lion, mule deer, pheasant, ruffed grouse,
sharp-tailed grouse, spruce grouse, and white-tailed deer are known to utilize all or
portions of Section 22, T12N, R20W.

Impact on Public Health and Safety


The property is within the Missoula County Air Stagnation Zone. As such, air quality
assurance measures will be undertaken as required by the Missoula City/County Health
Department. No hazards or nuisances have been identified with the proposed project.
However, there is an existing gravel pit to the southeast, across US Highway 93 South,
that could be a dust and noise nuisance at times.

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Community Impact Report and Impact on Local Services
Each Portion of the Community Impact Report and Impact on Local Services section is
addressed separately in the sub paragraphs below:

Transportation Facilities (Motorized and Non-Motorized)

Motorized Facilities
Access to the subdivision is via Alexandra Drive, a proposed public road that
bisects the property from north to south and connects with Bird Lane on the north
and Valley Grove Drive on the south. All twenty-three residential lots will access
Alexandra Drive. The utility lot is accessed directly from Valley Grove Drive.
Alexandra Drive is proposed as a ditch section residential street to be
constructed to a 24-foot paved with 2-foot wide gravel shoulders. Improvements
will also be made to Bird Lane and Valley Grove Drive between the intersections
with Alexandra Drive and US Highway 93 South to comply with Missoula County
road standards. The intersections of Bird Lane and Valley Grove Drive with US
Highway 93 South are proposed to be reconfigured to better organize traffic at
these locations.

Valley Grove Drive is a public county Road from US Highway 93 westerly to the
east boundary of Valley Grove Subdivision per Book 13 Micro, Page 152 and
Deed Exhibit 2216.

Bird Lane is a County Highway per Book 103 Deeds, Page 110, and by the fact
that it was the prior location of US Highway 93 (“Road from Stevensville to
Missoula” per the original GLO surveys and plats thereof for this area).

Preliminary investigation and research has been performed in conjunction with


the County Public Works office surveying division concerning the presence of
GLO road and Plat Book 1 road rights-of-way on the subject property, and it was
found that there is the possibility that a GLO road right-of-way may exist on the
subject property. If further investigation shows that a GLO road right-of-way does
exist on the subject property, then the right-of-way will be altered or abandoned
through the formal process adopted by the County of Missoula prior to submittal
of the final plat to the county for signatures.

In order to provide improved safety for northbound vehicles from Alexandra


Estates during peak traffic hours, a “Jug Handle” turnaround is proposed on the
east side of US Highway 93 South. The proposed turnaround will allow
northbound traffic leaving Alexandra Estates from Bird Lane to make a right turn
onto Highway 93 South. Once on the highway, a driver would merge to the left
and enter the left-hand turn lane an appropriate distance south of Bird Lane.
From the turn lane, the driver is able to make a left-hand turn from Highway 93
South into a looped turnaround facility on the east side of Highway 93 South.
From a stopped position in the turnaround, the driver would make a right-hand
turn into the northbound lane of the highway. This design improves driver and

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highway safety by reducing left turns onto Highway 93 South during peak hours.
The configuration of the looped turnaround resembles a looped handle, or “Jug
Handle.” A driver headed northbound from Bird Lane will still have the ability to
make a left turn directly onto the highway if traffic conditions allow this
movement. Signage will be provided advising drivers that the “Jug Handle” is
available for use any time and especially during periods of heavy traffic.

There is an existing access near the middle of Alexandra Estates from US


Highway 93 South to the existing farmhouse. This access is proposed to be
removed with the construction of Phase II. This access also serves as the
driveway for the home on Parcel 4 of COS 5122. Access to the home on Parcel
4 will be provided from Alexandra Drive via a private access and utility easement
across Lot 15. The private access and utility easement will be for the exclusive
use and benefit of Parcel 4 of COS 5122. and shall not be used for access to Lot
15. Access to Lot 15 shall come from Alexandra Drive and be spaced a
minimum of 150’ horizontally from the private access easement for Parcel 4 of
COS 5122.

A 1-foot wide No Access Strip is proposed along the entire US Highway 93 South
and Bird Lane frontage of Alexandra Estates to ensure that access to all of the
residential lots is via Alexandra Drive. An identical No Access Strip is placed
along the residential frontage of Valley Grove Drive as well. Access from Valley
Grove Drive to the proposed utility lot may be necessary for service of the
drainfields on this lot. A No Access Strip is not proposed along the Utility Lot
frontage of Valley Grove Drive.

Non-Motorized Facilities
Non-motorized access for Alexandra Estates is proposed via a 10-foot wide
asphalt trail with 1-foot gravel shoulders. The trail runs along the east side of
Alexandra Drive and connects with US Highway 93 South at the north and south
ends of the project. This trail is intended to serve residents of Alexandra Estates
as well as non-motorized commuters travelling along US Highway 93 South. The
connection points at the north and south ends of the project are laid out to
provide separation between the street access points from Bird Lane and Valley
Grove Drive.

The 10-foot wide paved trail is proposed along the internal subdivision street as
an alternative to a combination of a 5-foot wide internal trail and a 10-foot wide
trail along US Highway 93 South. This wider internal trail provides an excellent
recreational opportunity for residents of Alexandra Estates and neighboring
properties while also providing an alternative from travel along the wide
shoulders of US Highway 93 South should non-motorized commuters so choose.
The presence of the floodplain along the US Highway 93 South frontage
precludes the construction of a trail along this frontage, the additional width of the
internal trail is intended to provide an attractive alternative for non-motorized
travelers on US Highway 93 South.

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Primary Travel Corridor (U.S. Highway 93 South)
The US Highway 93 South frontage is designated as a Primary Travel Corridor
with a fifty foot (50’) setback easement. A one-foot No Access Strip is proposed
along the US Highway 93 South frontage. Additionally, Primary Travel Corridor
landscaping will be required along the US Highway 93 South frontage and will be
installed by the eventual lot purchasers.

Wildland/Residential Interface
The site is within a wildland/residential interface area. The property owners will
create a defensible space for fire protection purposes.

Utilities and Services


Two existing drainfield easements are located near the south end of the site
along Valley Grove Drive. The easements contain drainfields for Tract C of COS
2506 and Tract 2 of COS 5232. A Utility Lot is proposed to contain these two
easements. This Utility Lot is proposed to be deeded to the adjacent properties
that are served by the existing drainfields.

Utility Service to the site is provided by:


Natural Gas: Northwestern Energy
Electric: NorthWestern Energy
Cable Television: Optimum (formerly Bresnan Communications)
Telephone: Qwest

No adverse impacts to utilities are anticipated.

Water Supply
Each of the twenty-three lots will be served by individual wells. Specific
information related to the proposed water supply is included in the Water and
Sanitation Report included in this application. State and County standards will be
adhered to in order to mitigate any impacts from the proposed water supply.

Sewer Supply
Each of the twenty-three lots will be served by individual on-site treatment
systems. Each of the systems will be designed to serve a 4-bedroom house,
with a design flow of 400 gallons per day. 1,500-gallon septic tanks will be
required. Adherence to State and County standards will ensure that potential
impacts are mitigated.

Schools
Elementary School (K-8) is provided by Lolo Elementary School, with no bus
services. High School is provided by the Missoula Public School System, at Big
Sky High School, with bus service. No adverse impacts to emergency services
are anticipated.

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Emergency Services
Emergency services are provided by Missoula Rural Fire and the Missoula
Sheriff’s department. Missoula Rural Fire has a facility in Lolo, which would be
the first response to this site. Missoula Sheriff’s department would cover this site
from its headquarters at the Missoula County Courthouse. No adverse impacts
to emergency services are anticipated.

Open Space
Open Space for Travel: The subdivision provides adequate light and air for travel
by meeting the performance standards of the Missoula County Subdivision
Regulations for road and trail easement width.

a. Roads: The subdivision provides adequate easements for a roadway that


meet the requirements of the Missoula County Subdivision Regulations.
b. Trails: In addition the subdivision provides additional easement width to
accommodate a ten-foot wide trail across the development in conformance with
the Missoula County Subdivision Regulations.

Open Space for Light and Air: The subdivision provides adequate light and air as
defined by its compliance with the adopted growth policy and the adopted zoning.

c. Lot Size: The density of the subdivision is one-third of the density allowed
by the growth policy and the zoning district in which it is located.
d. Lot Setbacks: The structures within the subdivision must conform to the
setback requirements of the zoning district in which it is located.

Open Space for Recreation: The subdivision will provide adequate open space
for recreation by complying with the parkland requirements of the Missoula
County Subdivision Regulations and the provisions of the Montana Subdivision
and Platting Act for parkland requirements.

Lot Size: The subdivision contains lots that exceed five acres in size. Lots larger
than five acres in size do not require parkland dedication. The five acre parcels
contain adequate land area for recreation. The parcels smaller than five acres
are all several acres in size and contain adequate room for recreation. For
those few lots that are under five acres in size, the developer will make a cash
donation in-lieu of parkland dedication.

The subdivision will provide a ten-foot wide trail that can be used for hiking,
running, jogging and biking, recognized forms of recreation, through the length of
the subdivision.

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Variance Requests
There are four variance requests accompanying this application. The first three
are related to the requirement for pedestrian walkways along the perimeter of the
subdivision. The fourth is related to the requirement for a bike lane on Highway
93 South. Each variance request is related to non-motorized access; non-
motorized access for Alexandra Estates is proposed via a 10-foot wide asphalt
trail with 1-foot gravel shoulders. The 10-foot wide asphalt trail connects with US
Highway 93 at the north and south ends of the project near Valley Grove Drive
and Bird Lane.

The single 10-foot wide paved trail is proposed along the internal subdivision
street as an alternative to a combination of 5-foot wide trails along Alexandra
Drive and the perimeter streets and a 10-foot wide trail along US Highway 93
South. This wider internal trail provides an excellent recreational opportunity for
residents of Alexandra Estates and neighboring properties while also providing
an alternative from travel along the wide shoulders of US Highway 93 South
should non-motorized commuters so choose. The presence of the floodplain
along the US Highway 93 South frontage precludes the construction of a trail
along this frontage.

Variance Request #1
Non-Motorized Facilities (US Highway 93 South)
The applicant is requesting a variance from Section 3.2.3(3) of the Missoula
County Subdivision Regulations requiring the provision for pedestrian walkways
along the perimeter of the subdivision that abuts a road.

(1) The granting of this variance does not result in a threat to the public safety,
health or welfare and is not injurious to other person’s property.

The granting of this variance from the walkway requirement along perimeter
roadways for this subdivision does not result in a threat to the public safety,
health, or welfare, and should not be injurious to another person’s property. A
10-foot wide asphalt trail with 1-foot gravel shoulders is proposed along the east
side of Alexandra Drive. The trail connects with Highway 93 South at the north
and south ends of the project. This trail is intended to serve residents of
Alexandra Estates as well as residents of the adjoining properties and non-
motorized commuters travelling along Highway 93 South. The connection points
at the north and south ends of the project are laid out to provide separation
between the street access points from Bird Lane and Valley Grove Drive and to
provide access for non-motorized commuters along Highway 93 South.

(2) The conditions upon which the request for a variance is based are unique
to the property and are not applicable generally to other property.
The 100-year floodplain of the Bitterroot River abuts Highway 93 South along
Alexandra Estates. The presence of the floodplain along the Highway 93 South
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frontage creates issues with construction of a trail along this frontage; fill material
would need to be placed in the floodplain to allow trail construction along the
highway. Additional width is proposed (10-foot width rather than 5-foot width) for
the internal trail along Alexandra Drive. Additionally, this trail connects to
Highway 93 South on the north and south ends of the project to provide an
attractive alternative for non-motorized travelers on Highway 93 South.

(3) Because of the physical surroundings, particular shape, or topographical


conditions of the specified property involved, undue hardship to the owner
would result if the strict requirements of these regulations are enforced.
As above, the 100-year floodplain of the Bitterroot River abuts Highway 93 South
along Alexandra Estates. The presence of the floodplain along the Highway 93
South frontage creates issues with construction of a trail along this frontage; fill
material would need to be placed in the floodplain to allow trail construction along
the highway. Additional width is proposed (10-foot width rather than 5-foot width)
for the trail along Alexandra Drive. This trail connects to Highway 93 South on
the north and south ends of the project and provides an attractive alternative for
non-motorized travelers on Highway 93 South. Additionally, a 20-foot wide Non-
Motorized Access Easement is provided along the Highway 93 frontage to allow
for future trail construction should a trail route along Highway 93 be preferred
over the proposed route along Alexandra Drive.

(4) The Variance will not in any manner violate the provisions of the Missoula
County Zoning Resolution or conflict with the Missoula County Growth
Policy or master plan areas.
Granting the variance will not violate provisions of the zoning, or conflict with the
growth policy or master plan in this area.

(5) The variance will not cause a substantial increase in public costs.
There will be no increase in public costs as a result of granting this variance.

(6) The hardship has not been created by the applicant or the applicant’s agent
of assigns.
The hardship has not been created by the applicant or the applicant’s agent or
assigns. The hardship is as described above.

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Variance Request #2
Non-Motorized Facilities (Valley Grove)
The applicant is requesting a variance from Section 3.2.3(3) of the Missoula
County Subdivision Regulations requiring the provision for pedestrian walkways
along the perimeter of the subdivision that abuts a road.

(1) The granting of this variance does not result in a threat to the public safety,
health or welfare and is not injurious to other person’s property.

The granting of this variance from the walkway requirement along perimeter
roadways for this subdivision does not result in a threat to the public safety,
health, or welfare, and should not be injurious to another person’s property. A
10-foot wide asphalt trail with 1-foot gravel shoulders is proposed along the east
side of Alexandra Drive. The trail connects with Highway 93 South at the north
and south ends of the project. This trail is intended to serve residents of
Alexandra Estates as well as residents of the adjoining properties and non-
motorized commuters travelling along Highway 93 South. The connection points
at the north and south ends of the project are laid out to provide separation
between the street access points from Bird Lane and Valley Grove Drive and to
provide access for non-motorized commuters along Highway 93 South.

(2) The conditions upon which the request for a variance is based are unique
to the property and are not applicable generally to other property.

The route of the proposed 10-foot wide trail will provide for safer connection to
Highway 93 than a trail along the Valley Grove Drive frontage. Non-motorized
commuters from Alexandra Estates travelling north or south from the project
need to connect with Highway 93. There are no existing non-motorized facilities
on Valley Grove Drive. By providing a direct connection to Highway 93 rather
than building a trail that dead-ends on the Valley Grove Drive frontage, this
proposed variance provides safer access for non-motorized commuters.

(3) Because of the physical surroundings, particular shape, or topographical


conditions of the specified property involved, undue hardship to the owner
would result if the strict requirements of these regulations are enforced.
As above, the route of the proposed 10-foot wide trail will provide for safer
connection to Highway 93 than a trail along the Valley Grove Drive frontage.
There are no existing non-motorized facilities on Valley Grove Drive. By
providing a direct connection to Highway 93 rather than building a trail that dead-
ends on the Valley Grove Drive frontage, this proposed variance provides safer
access for non-motorized commuters.

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(4) The Variance will not in any manner violate the provisions of the Missoula
County Zoning Resolution or conflict with the Missoula County Growth
Policy or master plan areas.
Granting the variance will not violate provisions of the zoning, or conflict with the
growth policy or master plan in this area.

(5) The variance will not cause a substantial increase in public costs.
There will be no increase in public costs as a result of granting this variance.

(6) The hardship has not been created by the applicant or the applicant’s agent
of assigns.
The hardship has not been created by the applicant or the applicant’s agent or
assigns. The hardship is as described above.

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Variance Request #3
Non-Motorized Facilities (Bird Lane)
The applicant is requesting a variance from Section 3.2.3(3) of the Missoula
County Subdivision Regulations requiring the provision for pedestrian walkways
along the perimeter of the subdivision that abuts a road.

(1) The granting of this variance does not result in a threat to the public safety,
health or welfare and is not injurious to other person’s property.

The granting of this variance from the walkway requirement along perimeter
roadways for this subdivision does not result in a threat to the public safety,
health, or welfare, and should not be injurious to another person’s property. A
10-foot wide asphalt trail with 1-foot gravel shoulders is proposed along the east
side of Alexandra Drive. The trail connects with Highway 93 South at the north
and south ends of the project. This trail is intended to serve residents of
Alexandra Estates as well as residents of the adjoining properties and non-
motorized commuters travelling along Highway 93 South. The connection points
at the north and south ends of the project are laid out to provide separation
between the street access points from Bird Lane and Valley Grove Drive and to
provide access for non-motorized commuters along Highway 93 South.

(2) The conditions upon which the request for a variance is based are unique
to the property and are not applicable generally to other property.

The route of the proposed 10-foot wide trail will provide for safer connection to
Highway 93 and generally runs along the Bird Lane frontage. Non-motorized
commuters from Alexandra Estates travelling north or south from the project
need to connect with Highway 93. There are no existing non-motorized facilities
on Bird Lane. By providing a direct connection to Highway 93 rather than
building a trail that dead-ends on the Bird Lane frontage, this proposed variance
provides safer access for non-motorized commuters.

(3) Because of the physical surroundings, particular shape, or topographical


conditions of the specified property involved, undue hardship to the owner
would result if the strict requirements of these regulations are enforced.
As above, the route of the proposed 10-foot wide trail generally runs along the
Bird Lane frontage. There are no existing non-motorized facilities on Bird Lane.
By providing a direct connection to Highway 93 rather than building a trail that
dead-ends on the Bird Lane frontage, this proposed variance provides safer
access for non-motorized commuters.

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(4) The Variance will not in any manner violate the provisions of the Missoula
County Zoning Resolution or conflict with the Missoula County Growth
Policy or master plan areas.
Granting the variance will not violate provisions of the zoning, or conflict with the
growth policy or master plan in this area.

(5) The variance will not cause a substantial increase in public costs.
There will be no increase in public costs as a result of granting this variance.

(6) The hardship has not been created by the applicant or the applicant’s agent
of assigns.
The hardship has not been created by the applicant or the applicant’s agent or
assigns. The hardship is as described above.

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Variance Request #4
Bike Lane (US Highway 93 South)
The applicant is requesting a variance from Section 3.2.3(6) of the Missoula
County Subdivision Regulations requiring that bicycle lanes be provided on
collector or arterial streets.

(1) The granting of this variance does not result in a threat to the public safety,
health or welfare and is not injurious to other person’s property.

The granting of this variance from the bike lane requirement along Highway 93
for this subdivision does not result in a threat to the public safety, health, or
welfare, and should not be injurious to another person’s property. A 10-foot wide
asphalt trail with 1-foot gravel shoulders is proposed along the east side of
Alexandra Drive. The trail connects with Highway 93 South at the north and
south ends of the project. This trail is intended to serve non-motorized
commuters travelling along Highway 93 South. The connection points at the
north and south ends of the project are laid out to provide separation between
the street access points from Bird Lane and Valley Grove Drive and to provide
access for non-motorized commuters along Highway 93 South. By separating
non-motorized traffic through the site from vehicles on Highway 93, non-
motorized commuter safety is improved.

(2) The conditions upon which the request for a variance is based are unique
to the property and are not applicable generally to other property.
The 100-year floodplain of the Bitterroot River abuts Highway 93 South along
Alexandra Estates. The presence of the floodplain along the Highway 93 South
frontage precludes the construction of a bike lane along this frontage; fill material
would need to be placed in the floodplain to allow trail construction along the
highway. Additional width is proposed (10-foot width rather than 5-foot width) for
the internal trail along Alexandra Drive. Additionally, this trail connects to
Highway 93 South on the north and south ends of the project to provide an
attractive alternative for non-motorized travelers on Highway 93 South.

(3) Because of the physical surroundings, particular shape, or topographical


conditions of the specified property involved, undue hardship to the owner
would result if the strict requirements of these regulations are enforced.
As above, the 100-year floodplain of the Bitterroot River abuts Highway 93 South
along Alexandra Estates. The presence of the floodplain along the Highway 93
South frontage precludes the construction of a bike lane along this frontage; fill
material would need to be placed in the floodplain to allow bike lane construction
along the highway. Additional width is proposed (10-foot width rather than 5-foot
width) for the trail along Alexandra Drive. This trail connects to Highway 93
South on the north and south ends of the project and provides an attractive
alternative for non-motorized travelers on Highway 93 South.

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(4) The Variance will not in any manner violate the provisions of the Missoula
County Zoning Resolution or conflict with the Missoula County Growth
Policy or master plan areas.
Granting the variance will not violate provisions of the zoning, or conflict with the
growth policy or master plan in this area.

(5) The variance will not cause a substantial increase in public costs.
There will be no increase in public costs as a result of granting this variance.

(6) The hardship has not been created by the applicant or the applicant’s agent
of assigns.
The hardship has not been created by the applicant or the applicant’s agent or
assigns. The hardship is as described above.

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