Tim Worley, Senior Planner 127 E Main Street Missoula, MT 59802 RE

October 2, 2020

Community and Planning Services Attention: Tim Worley, Senior Planner 127 E Main Street Missoula, MT 59802

RE: Pontiac Commercial Subdivision – Subdivision Pre-Application Meeting Intake Submittal 9451 Roller Coaster Road, Missoula, MT 59847

Dear Tim Worley:

Please find the attached Pre-Application Meeting intake form and associated documents for the re- subdivision of the Pontiac Commercial Major Subdivision. This project was previously approved by your office and commissioners. The applicant is seeking reapproval of the same 8 lot commercial/industrial subdivision.

I look forward to meeting with you regarding this project. If you have any questions, please feel free to contact me at (406) 721-0142 or [email protected].

Sincerely, Territorial-Landworks, Inc.

Paul Forsting, AICP

Enclosures: Intake Form w/Attachments

C. File & Scan (with attachments)

https://imegcorp-my.sharepoint.com/personal/paul_t_forsting_imegcorp_com/Documents/Desktop/Pont. Comm. Subdivision Pre-App/ltr.2020- 10-02.CAPS.Intake Submittal.Sub Pre-App MTG.doc

INTAKE FORM - CAPS INFORMATION DESK COMMUNITY AND PLANNING SERVICES 200 WEST BROADWAY, MISSOULA, MT 59802 PHONE: 406.258.4657 | FAX: 406.258.3920 [email protected] www.missoulacounty.us/caps

OFFICE USE ONLY DESK STAFF: DATE: SUPERVISOR: DATE: CASE PLANNER: DATE:

A. APPLICANT Name: ______DATE:______Address: ______Phone Number: ______Email: ______B. SUBJECT PROPERTY Property Owner: ______Address: ______Geocode:______Legal Description (must be complete—attach metes and bounds if necessary): Lot: ______Tract: ______Township:______Block: ______COS#: ______Range: ______Subdivision: ______Section: ______Size of Parcel: ______Zoning: ______Applicable Growth Policy/ Comprehensive Plan and Land Use Designation: ______Floodplain Designation: ______

C. PROJECT DESCRIPTION /QUESTIONS Provide a description of the project (you may attach a separate page) AND/OR explain the standard/regulation you request to vary from AND/OR describe the question you have:

Revised 04.05.19

D. ADDITIONAL INFORMATION TO ATTACH: Note for Subdivisions: Provide the information listed in this section for a scoping meeting. For a subdivision pre-application meeting, provide the materials listed in the Missoula County Subdivision Regulations section 7.2.

 Zoning map with site identified, if applicable  Comprehensive plan map with site identified  Floodplain map with site identified, if applicable  Vicinity map showing adjacent uses with site identified  Topographic map with site identified  Aerial photograph with site identified, if available

E. TYPE OF SUBDIVISION MEETING REQUESTED: (Check one):

_____Scoping Meeting _____Pre-Application Meeting

F. OTHER AGENCIES TO CONTACT (Check applicable agencies): _____ County Public Works/Building Inspection _____ County Sheriff _____ City Development Services _____City-County Health Department _____ County Rural Fire District _____Resource Agency

G. APPLICABLE PUBLIC PROCESS/PUBLIC BOARD (Check one): _____ County BOA _____Buildings for Lease or Rent _____Zoning/Rezoning _____Floodplain _____Subdivision _____ Other ______Major ______Minor ______Subdivision (For lease or rent)

H. NOTES: ______

Revised 04.05.19

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Miles Date: 10/1/2020 0 0.075 0.15

Map Center: X: -114.12894 - Y: 46.93362 The material displayed on this page is informational and should be used for reference only. No reliance should be placed thereon without verification by the user. Missoula County does not warrant that the information is either complete or accurate. No representation, warranties or covenants of any kind are made by Missoula County. Before acting on the information contained on this page the user should consult original documents. GG rr oo ww tt hh PP oo ll ii cc yy

Miles Date: 10/1/2020 0 0.075 0.15

Map Center: X: -114.12889 - Y: 46.93376 The material displayed on this page is informational and should be used for reference only. No reliance should be placed thereon without verification by the user. Missoula County does not warrant that the information is either complete or accurate. No representation, warranties or covenants of any kind are made by Missoula County. Before acting on the information contained on this page the user should consult original documents. Missoula County Floodplain

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Legend 2019 DFIRM - LOMC Zone A (100 YR Floodplain - Approximate)

Zone AE (100 YR Floodplain - With Elevations)

Zone AE (100 YR Floodway)

Zone AH (100 YR Floodplain - Ponding)

Zone AO (100 YR Floodplain - Sheet Flow)

Area Not Included (Tribal Lands)

Zone D (Undetermined Flood Hazard)

SHADED-X (100/500 YR Floodplain)

SHADED-X (500-YR Floodplain Only)

SHADED-X (Protected by Levee) Unshaded X (Out of Designated Floodplain) /

Missoula County Community and Planning Services 127 E Main St, Suite 2 Missoula, MT 59802 406-258-4657 http://gis.missoulacounty.us/caps/floodplain

Printed: 10/1/2020 -- The material displayed on this page is informational and should be used for reference only. No reliance should be placed thereon without verification by the user. Missoula County does not warrant that the information is either complete or accurate. No representation, warranties or covenants of any kind are made by Missoula County. Before acting on the information contained on this page the user should consult original documents. Paul T. Forsting

Subject: FW: Pontina Commercial Subdivision

From: Knudsen Gerhard < [email protected] > Sent: Friday, October 16, 2020 10:00 AM To: Tim Worley < [email protected] > Cc: Brown Jim < [email protected] > Subject: Pontina Commercial Subdivision

Good Morning Tim –

Following yesterday’s phone call, I visited with Jim Brown about our conversation regarding the Pontiac Commercial Subdivision. He concurred with all I had said and offered two more reasons why the brushy draw encompassed by the development deserves protection. First, the need to protect brushy draws like these is becoming a greater imperative. They comprise a valued riparian habitat that is being impacted and slowly vanishing as development proceeds across Western Montana and the Missoula Valley. Secondly the proposed Pontiac development lies within an area identified by the Montana Department of Fish, Wildlife and Parks as being a wildlife movement corridor across the valley. The brushy draws are a feature of the area that, among other things, affords important cover value to species transiting the valley.

Many thanks for allowing us to offer our thoughts as you and the developer are engaged in the pre-application phase of the subdivision application process.

Gerhard Knudsen

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1 Paul T. Forsting

Subject: FW: Pontiac Commercial Subdivision

From: Kylie Paul < [email protected] > Sent: Friday, October 16, 2020 1:17 PM To: Tim Worley < [email protected] > Subject: RE: Pontiac Commercial Subdivision

I can’t make the meeting as I have a 130pm meeting but I’d advocate for as large a no-build zone riparian buffer as possible, for wildlife security. Similar to the Butler Creek issues at Ibeys, it would be great to have everything far away from that area, to not drive over and compact it during construction nor store or dump materials there. Those sloughs are very unique in that region, and thus valuable to support.

Thanks, Kylie

Kylie Paul , Natural Resource Specialist (406) 258-4869 | [email protected]

Parks, Trails & Open Lands MISSOULA COUNTY Community and Planning Services 127 East Main Street, Suite 2 Missoula, Montana 59802

The CAPS reception and information desks are open Monday through Friday from 10:00am to 2:00pm for walk-in service to the public. Masks are REQUIRED when visiting our office. The majority of CAPS staff are working remotely so calling ahead is preferred and recommended. Please call (406) 258-4657 or see our website (www.missoulacounty.us/caps) for additional information.

-----Original Appointment----- From: Tim Worley < [email protected] > On Behalf Of Heather Powers Sent: Wednesday, October 14, 2020 1:35 PM To: Jim Erven; Daniel Congdon; Brent Christopherson; Deborah Bell; Erik Dickson; Steve Niday; Louise Adams; [email protected] ; Bailey Minnich; Rose, Sharon; waterquality; Gerhard Knudsen; recording; Kylie Paul Subject: Pontiac Commercial Subdivision When: Friday, October 16, 2020 2:00 PM-3:00 PM (UTC-07:00) Mountain Time (US & Canada). Where: Microsoft Teams Meeting

Greetings All,

You are invited to a preapplication meeting for the Pontiac Commercial Subdivision, which is scheduled for Friday, October 16 th at 2:00 p.m. You may join the meeting by the link below, or via the listed phone number.

This was a major subdivision approved in 2008, which has since expired. The proposal (attached) is essentially a resubmittal of the former design. Any thoughts you have ahead of the meeting would be beneficial, and we’d be glad to have you join us.

Thanks,

Tim Worley CAPS

Join Microsoft Teams Meeting

+1 406-272-4824 United States, Billings (Toll)

Conference ID: 455 653 071#

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2 MISSOULA MISSOULA COUNTY COMMUNITY AND PLANNING SERVICES COUNTY 200 W. BROADWAY

MISSOULA, MONTANA 59802-4292 PHONE: (406) 258-4657 FAX: (406) 258-3920

Planning ● Grants and Community Programs ● Parks, Trails and Open Lands ● Sustainability

January 15, 2021

Paul Forsting IMEG Corp. 1817 South Ave W, Suite A Missoula, MT 59802

Re: Pontiac Commercial Subdivision

Dear Paul:

Missoula County Community and Planning Services received your application packet for the Pontiac Commercial Subdivision 1st Element Review on January 7, 2021, based on payment received. Overall, your application contains many of the required items for subdivision review; however, at this time, the Planning Office cannot certify your subdivision application as containing all the necessary elements. Please include any additional changes as mentioned below. Once these items are addressed, please resubmit the application to the Planning Office for a 2nd Element Review.

For Element Review 1. Please clarify your answer on Page 3 of the application that onsite wastewater systems have been approved for each lot. Does this date back to the former subdivision preliminary plat approval? 2. Please submit a filled-out version of Appendix C. 3. Please provide a finer-scaled WUI map per Subdivision Regulations Section 7.4.6, which is available within the Community Wildfire Protection Plan. 4. The subdivision is within the Airport Influence Area. Please correct the Public Health and Safety reference regarding this on the bottom of Page 16 of the Subdivision Application, and include the required map. 5. The subdivision is within the Air Stagnation Zone; please correct Item 5a on the bottom of Page 16 of the Subdivision Application. 6. Please correct the High School district to Big Sky High School on Page 23 of the Subdivision Application (Hellgate Elementary is correct). 7. For the proposed wells, please provide a proof of a water right or rights, or a letter from DNRC stating that the water supply is exempt from permitting per Subdivision Regulations Section 3.6.2.5. 8. Please provide appropriate contour intervals on the preliminary plat per Subdivision Regulations Section 7.4.3.

Other Issues 1. It is likely that No Build Zone areas will be required to be shown in bearings and distances on the final plat. 2. Please consider adjacent agricultural activities language from the Subdivision Regulations, rather than the language provided in Section 2 of your covenants. The correct language is found in Subdivision Regulations Section 3.1.4.2.B.2. The final covenants should include this language.

If you have additional questions please feel free to give me a call at 258-4794 or email me at [email protected].

Sincerely, Tim Worley

Tim Worley, CAPS

January 28, 2021

Tim Worley Senior Planner Missoula County Community and Planning Services 127 E Main Street Suite #2 Missoula, MT 59802

Re: Pontiac Commercial Subdivision – 2nd Element Review

Dear Tim:

We are in receipt of your comments on January 15, 2021 regarding Pontiac Commercial Subdivision’s first element review. It is our intent to address all elements of preliminary subdivision review. Below you will see your comments regarding missing items with our responses on how each item is addressed in bold.

For Element Review 1. Please clarify your answer on Page 3 of the application that onsite wastewater systems have been approved for each lot. Does this date back to the former subdivision preliminary plat approval? No, this dates back to the existing DEQ approval that does not expire and will be applicable for this subdivision. 2. Please submit a filled-out version of Appendix C. Please see included Appendix C reviewed and initialed by Missoula County Fire. 3. Please provide a finer-scaled WUI map per Subdivision Regulations Section 7.4.6, which is available within the Community Wildfire Protection Plan. Please see included updated WUI map. 4. The subdivision is within the Airport Influence Area. Please correct the Public Health and Safety reference regarding this on the bottom of Page 16 of the Subdivision Application, and include the required map. Please see revised subdivision application and included Avigation Easement Exhibit. 5. The subdivision is within the Air Stagnation Zone; please correct Item 5a on the bottom of Page 16 of the Subdivision Application. Please see revised subdivision application and included Air Stagnation Zone Exhibit. 6. Please correct the High School district to Big Sky High School on Page 23 of the

Subdivision Application (Hellgate Elementary is correct). Thank you for the correction, please see revised subdivision application. 7. For the proposed wells, please provide a proof of a water right or rights, or a letter from DNRC stating that the water supply is exempt from permitting per Subdivision Regulations Section 3.6.2.5. Please see included letter from Jim Nave with the DNRC. 8. 9. Please provide appropriate contour intervals on the preliminary plat per Subdivision Regulations Section 7.4.3.Other Issues Please see updated preliminary plat. 10. It is likely that No Build Zone areas will be required to be shown in bearings and distances on the final plat. We will be happy to add bearings and distances at the time of final plat. 11. Please consider adjacent agricultural activities language from the Subdivision Regulations, rather than the language provided in Section 2 of your covenants. The correct language is found in Subdivision Regulations Section 3.1.4.2.B.2. The final covenants should include this language. Please see included updated covenants.

If you have additional questions please feel free to give us a call at 721-0142 or email at [email protected]

Sincerely, IMEG Corp.

Anna Vickers Land Use Planner MISSOULA MISSOULA COUNTY COMMUNITY AND PLANNING SERVICES COUNTY 200 W. BROADWAY

MISSOULA, MONTANA 59802-4292 PHONE: (406) 258-4657 FAX: (406) 258-3920

Planning ● Grants and Community Programs ● Parks, Trails and Open Lands ● Sustainability

February 11, 2021

Paul Forsting IMEG Corp. 1817 South Ave W, Suite A Missoula, MT 59802

Re: Pontiac Commercial Subdivision

Dear Paul:

Missoula County Community and Planning Services (CAPS) received your application packet for Pontiac Commercial Subdivision 2nd Element Review on January 28, 2021. The application contains the required items for subdivision review under the Missoula County Subdivision Regulations (MCSR). An agency review list has been included for Sufficiency and Agency Review.

Information for Beginning Sufficiency Review Within 15 working days of a complete element determination, CAPS shall determine whether the application contains sufficient information to review the proposed subdivision, which is March 5, 2021 per MCSR Section 5.7.8.

Your most up-to-date review packet will become the 1st Agency-Sufficiency Review packet. We are requesting delivery of one electronic 1st Agency-Sufficiency Review packet per Sections A.1 and A.2. of the Subdivision Application.

In lieu of review a hard copy packet, agencies and interested parties will be reviewing the electronic packet via a website CAPS has established, following receipt of the necessary electronic files that make up your application packet.

After you submit your electronic 1st Agency-Sufficiency Review, our office will notify you of the link to be sent to agencies and interested parties. We are requiring delivery of an electronic 1st Agency-Sufficiency Review packet that is identical to the material that passed Element review, with the following exception: please incorporate this letter into the packet.

Once our office has created the link for your subdivision application, please send agencies and interested parties an email with the following information: 1. State the date agencies and interested parties are being notified that the packets are available electronically for their review. 2. State the agency review comment deadline, which should be March 2, 2021. This allows three (3) working days for CAPS staff to review agency comments before concluding the Sufficiency Review. 3. You are encouraged to distribute agency materials by February 16, 2021 to allow ten (10) working days for their review.

Other Issues 1. Local government timelines, including Element and Sufficiency Review, have been suspended as of March 12, 2020, by a directive issued on March 24, 2020. It is our goal to provide service and move projects along, but we may not be able to finalize or schedule this project for the time being. Our ability to complete agency reviews, planning board, and county commission hearings are all hampered by the COVID- 19 situation. According to the governor’s directive timelines will begin to run again with the end of the declared emergency, or at an earlier date if specified in a future directive. 2. We encourage the labeling of preliminary plat contours to confirm contour intervals.

If you have additional questions, please feel free to give me a call at 258-4794 or email me at [email protected].

Sincerely, Tim Worley Senior Planner Missoula County Community & Planning Services

Anna M. Vickers

From: Dan Stone Sent: Monday, February 22, 2021 2:36 PM To: Anna M. Vickers Cc: Tim Worley; Vince Caristo; Corey Aldridge Subject: Re: Pontiac Commercial Development - First Agency Review

CAUTION: Email originated outside of the organization.

Hi Anna,

The proposed Pontiac Commercial Development is currently not in the Missoula Urban Transportation District but is within MUTD's planning area. Mountain Line requests that the developer petition into the Transportation District prior to final subdivision plat approval. Requiring new subdivisions to petition into the District supports public transportation, which helps mitigate the impacts of growth through reduced traffic congestion and cleaner air.

Thank you,

Dan Stone Transit Planner Mountain Line Missoula, MT [email protected] (406) 215-2457

Dear Agent:

The Missoula County Community and Planning Services (CAPS) has identified you as being an agency that may have important comments to make about the proposed subdivision, Pontiac Commercial Development. Your comments are important to us.

On February 16, 2021, CAPS posted the Pontiac Commercial Development subdivision packet online for your review. A letter was sent to each agency that was identified by CAPS on this date as well.

The purpose of this review agency review is twofold: 1) For agencies to determine if the subdivision submittal packet has enough information or is sufficient for review; 2) For agencies to provide comment regarding the proposal on anything that should be addressed before the project is submitted for governing body review. Thus, it is important that you send us your comments or let us know if you have no comments.

Please send any comments to [email protected] by end of the day, March 2, 2021, and copy [email protected].

Link to the Subdivision Application for electronic review is http://missoula.co/pontiac.

If there is anything we can do to facilitate your review, please reach out to us. Thank you in advance for your comments.

IMEG, Corp.

Anna M. Vickers Land Use Planner

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3 Anna M. Vickers

From: Dodd McDermott Sent: Thursday, February 18, 2021 9:21 AM To: Anna M. Vickers Cc: Tim Worley; Brent Christopherson; Pete Giardino Subject: Pontiac Commercial Development

CAUTION: Email originated outside of the organization. Anna, I have reviewed the Pontiac Commercial Development and agree with the language about fire suppression and access with the addition of a few points. The permanent addresses should be a minimum of 6 inches in height and must be displayed in stark contrast with its background and visible for emergency responders to easily see from the street in all-weather and light conditions. There was a mention of possible gates, Security gates must be 2 feet wider than the road and shall be a minimum of 20 feet wide unobstructed road width and an unobstructed vertical clearance of not less than 13 feet 6 inches. A lock box will be required and available from MRFD at cost so that emergency response personnel could access the building in case of an emergency, after hours or when no one is around. Thank you for allowing me to comment on this project.

Dodd McDermott Deputy Fire Marshal Missoula Rural Fire District 2521 South Avenue West Missoula, Montana 59804 (406) 549-6172 office (406) 239-0058 work cel (406) 240-9019 cel (406) 549-6023 fax [email protected]

1 Anna M. Vickers

From: Knudsen Gerhard Sent: Monday, March 1, 2021 8:14 AM To: Anna M. Vickers Cc: Worley Tim; Brown Jim Subject: Pontiac Commercial Development – Five Valleys Audubon Comment

CAUTION: Email originated outside of the organization.

We appreciate the opportunity to again review the proposed Pontiac Commercial Development. As you may know, we commented on this project when it was first proposed in 2008. Our interest then, as it is now, was founded in a concern that it would affect a brushy draw riparian area and adjoining grasslands, habitat that is slowly vanishing as development proceeds across Western Montana and the Missoula Valley. We were also concerned that it would impact a Long-eared Owl research site and a study that had been in place for over two decades. Unfortunately, when we visited the site as part of our review process, we found that much of the earthworks portion of the project had been completed. Action that we hoped could be avoided or mitigated had already taken place.

Wildlife habitat affected by the proposed land development is of real importance, a fact that has been acknowledged with its inclusion in the Clark Fork River-Grass Valley Important Bird Area (IBA). An international conservation effort, the IBA program is aimed at identifying areas that sustain healthy populations of birds (usually species of conservation concern). With that knowledge, the effort seeks to focus attention on these sites and encourage conservation through habitat management, conservation easements or other protective measures. Along with being in the IBA, the proposed Pontiac development lies within an area identified by the Montana Department of Fish, Wildlife and Parks as being a wildlife movement corridor across the Missoula Valley. Brushy draws are a feature of the area that, among other things, affords important cover value to species transiting the valley.

In 2008, when we commented on the proposed development, we discussed the wildlife resources that would be affected. That discussion is presented in the following paragraphs and provides further context for our concerns with development on the property.

Our interest in the project stems from our concern that it encompasses important avian habitat. One element of that habitat is the dense, brushy draw along the west side of the development. Key among the species using this environment are the Long-eared Owl, Swainson’s Hawk and a variety of song birds including the Clay-colored Sparrow, an uncommon resident of the Missoula Valley. The grassland encompassing the balance of the site was another important component of the avian habitat and contained a good diversity of native grass species including a rich component of Bitterroot plants.

The brushy draw is significant in that it has provided important roosting and nesting sites for the Long- eared Owl. The Swainson’s Hawk, which is on the National Audubon Society’s Watchlist of species in decline, nests nearby in this same draw. Our bird surveys show that, during the spring and summer months, the draw bordering the development is used by nesting Clay-colored Sparrows, Spotted Towhees, Yellow Warblers, Gray Catbirds, Warbling Vireos and Lazuli Buntings. The adjoining grassland hillside served as vital foraging habitat for the sparrows. The entire grassland portion of the 1 site supported a vole population that provided an important food source for the Long-eared Owl, the uncommon Short-eared Owl and other raptors. The Short-eared Owl, a grassland species having little habitat remaining in the Missoula Valley, is also on the National Audubon Watchlist of species needing urgent conservation action.

It is noteworthy that the brushy draw is among several similar sites in the vicinity that have been the object of research by the Owl Research Institute and the Ninepipes Center for Wildlife Research and Education. According to Denver Holt, president of these organizations, the study is focused on understanding the life histories of owls. Ongoing for over twenty-two years, it is acknowledged as being the most comprehensive and long-standing study of the Long-eared Owl species in North America with observations made on over 1,600 marked birds. The work is facilitated by the fact that the general area, within which the proposed development would occur, consistently has the largest concentration of wintering Long-eared Owls in the United States. This fact is based on Christmas Bird Count data from over 2,000 sites across the nation.

The Pontiac Commercial Development as now being proposed seems largely the same as what we reviewed over a decade ago. Obviously, with the earthwork largely completed, a major impact of the development has already occurred. Accordingly, little can be offered now that would substantively mitigate the impact of the development. That said, we think the project as now being proposed can be developed without further impacting the riparian habitat that lies to the west. In large measure this is due to the fact that all but one of the lots are on the east side of the property and well away from the valued habitat. We would expect to see some disturbance from use of the site’s access road. Yet, such disturbance should not be of major consequence and would be limited to the first part of the road where it’s closest to the riparian environment. After that, the presence of vehicles would be diminished as the road moves away from the riparian zone.

With its proximity to the riparian environment, the lot having the greatest impact to the riparian environment is lot eight. Ideally, there would be no development on this portion of the property. However, by virtue of its topography, the impact of human use is somewhat mitigated. That is, the developable area of the lot is at a higher elevation than the riparian area and begins at the crest of a steep slope. As such, the line of sight from activity on the leveled portion of the lot would tend to be blocked from the riparian area. In addition, there is an earthen berm along portions of the lot that would serve as a visual barrier and tend to further temper the effects of human activity.

An important means to help mitigate the impact of the human use is that of having an adequate buffer between the riparian resource and human activity on the developed area. Appropriately, the project’s development plan acknowledges that need with a buffer being delineated on the plat. At the same time, the mitigating effect of the buffer would be greater if human activity were moved as far away as possible from where the slope begins. To that end, we would suggest that the buffer extend eastward into the leveled area of the lot and past the earthen berm. Further, we feel there should be no structures on the lot and that the area be used solely for storage as is now the case. By doing so, the effect of human presence on the lot would be limited to periodic use associated with storing equipment and material.

Thank you for seeking our comment.

2 Anna M. Vickers

From: Louise Adams Sent: Wednesday, February 17, 2021 7:43 AM To: Anna M. Vickers Cc: Tim Worley Subject: Pontiac Subd

CAUTION: Email originated outside of the organization. The Surveyors Office has no concerns regarding this subdivision

Thank you, Louise Adams,PLS Examining Land Surveyor Missoula County Surveyor’s Office 199 W. Pine St. Missoula, MT 59802 406-258-4813 desk 406-258-4870 office

Anna M. Vickers

From: Ben Schmidt Sent: Tuesday, February 16, 2021 4:52 PM To: Anna M. Vickers Cc: Tim Worley Subject: Pontiac Commercial Development - First Agency Review

CAUTION: Email originated outside of the organization. Dear Anna,

I have four comments for this project.

1. Inside the Air Stagnation Zone, all new roads and most new vehicle use areas must be paved or meet other criteria specified by the Missoula City-County Air Pollution Control Program. New businesses that connect to Grand AM Way will need to be aware of these requirements and contact the Air Program with specific questions. 2. As the Missoula Valley becomes more developed, it is important that non-motorized facilities be installed as projects are constructed. A non-motorized path or trail should be constructed on Lot 1 parallel to Roller Coaster RD. At a minimum, a clear easement for a path next to Roller Coaster Road should be clearly shown on Lot 1. Over the coming decades, this area will become more developed with commercial, industrial, and residential properties. It is important to make plans for all forms of transportation as development occurs. 3. If not already on the plat or some other document, the new lots should come with language that waives the option to protest RSID’s to improve Roller Coaster Road with paving and non-motorized facilities. 4. The proposed project includes a 4-foot-wide path attached to the Grand AM Way with reflectors for separation. With this short of a commercial cul-de-sac, I do not think a complete gutter, sidewalk and curb may strictly be needed, but I would still recommend a five foot wide path or trail with clear separation from the road. This would provide a level of comfort for walkers when large trucks are on the road and a boulevard of some size would provide a place for winter snow.

Thanks for the opportunity to comment.

Sincerely,

Benjamin Schmidt Air Quality Specialist

Missoula City-County Health Department 406.258.3369

[email protected]

missoulacounty.us

From: Anna M. Vickers

Subject: Pontiac Commercial Development - First Agency Review 1

Dear Agent:

On February 16, 2021, CAPS posted the Pontiac Commercial Development subdivision packet online for your review. A letter was sent to each agency that was identified by CAPS on this date as well.

Please send any comments to [email protected] by end of the day, March 2, 2021, and copy [email protected] .

Link to the Subdivision Application for electronic review is http://missoula.co/pontiac .

If there is anything we can do to facilitate your review, please reach out to us. Thank you in advance for your comments.

IMEG, Corp.

Anna M. Vickers Land Use Planner

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2 Anna M. Vickers

From: Stover, Candie Sent: Wednesday, February 17, 2021 7:20 AM To: Anna M. Vickers Cc: Saxton, Bonnie Subject: RE: Pontiac Commercial Development - First Agency Review

CAUTION: Email originated outside of the organization. Hello Anna, Thank you for the opportunity. The DOR has no comment at this time. Also, please remove me from your contacts, my replacement is Bonnie Saxton [email protected] Thank you, Candie Stover, DOR Missoula Office

Dear Agent:

On February 16, 2021, CAPS posted the Pontiac Commercial Development subdivision packet online for your review. A letter was sent to each agency that was identified by CAPS on this date as well.

1 proposal on anything that should be addressed before the project is submitted for governing body review. Thus, it is important that you send us your comments or let us know if you have no comments.

Please send any comments to [email protected] by end of the day, March 2, 2021, and copy [email protected].

Link to the Subdivision Application for electronic review is http://missoula.co/pontiac [nam04.safelinks.protection.outlook.com].

If there is anything we can do to facilitate your review, please reach out to us. Thank you in advance for your comments.

IMEG, Corp.

Anna M. Vickers Land Use Planner

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. IMEG Corp. | formerly Territorial Landworks

[imegcorp.com]

IMEG Corp. | formerly Territorial Landworks 1817 South Ave West | Suite A | Missoula, MT 59801

(406) 532-0263 | phone (225) 603-1371 | mobile

[email protected] website [imegcorp.com] | vCard [dynasend.com] | map [google.com] | regional news [imegcorp.com] [twitter.com] [facebook.com] [linkedin.com] Learn more [imegcorp.com] about us and the IMEG story! This email may contain confidential and/or private information. If you received this email in error please delete and notify sender.

2 Anna M. Vickers

From: Tim Worley Sent: Tuesday, February 16, 2021 4:09 PM To: Anna M. Vickers Subject: FW: Pontiac subdivision

CAUTION: Email originated outside of the organization.

From: Bauer, Chad Sent: Tuesday, February 16, 2021 3:47 PM To: Tim Worley Subject: Pontiac subdivision

We will be able to provide garbage and recycling services to the proposed subdivision.

Chad Bauer Municipal Manager

1501 Rodgers St Missoula Mt 59802 e [email protected] o 406-532-5120 c 406-360-8426 w RepublicServices.com

1 Anna M. Vickers

From: recording Sent: Tuesday, February 16, 2021 3:02 PM To: Anna M. Vickers Subject: RE: Pontiac Commercial Development - First Agency Review

CAUTION: Email originated outside of the organization. Hey Anna,

No comments from the Clerk & Recorder. Thanks,

Samuel D. Scott Real Property Projects Coordinator CLERK & RECORDER 406.258.3231

[email protected]

missoulacounty.us

From: Anna M. Vickers Sent: Tuesday, February 16, 2021 2:35 PM To: envhealth ; Ben Schmidt ; Sarah Coefield ; Shannon Therriault ; Jeanna Miller ; waterquality ; Travis Ross ; Kylie Paul ; [email protected]; Dawn Anderson ; Deborah Bell ; Erik Dickson ; Shane Stack ; Brent O'Connor ; Louise Adams ; Steve Niday ; [email protected]; [email protected]; Mary McCrea ; [email protected]; [email protected]; recording ; [email protected]; [email protected]; Ritter, Torrey ; Rose, Sharon ; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Grant Carlton ; [email protected]; [email protected]; [email protected]; sebastiana ; Corey Aldridge ; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Bauer, Chad ; [email protected]; [email protected]; [email protected]; Dori Brownlow ; Brent Christopherson ; Robert Watson ; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Dwight Easton ; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: Paul T. Forsting ; Tim Worley ; Anna M. Vickers Subject: Pontiac Commercial Development - First Agency Review

1 Dear Agent:

On February 16, 2021, CAPS posted the Pontiac Commercial Development subdivision packet online for your review. A letter was sent to each agency that was identified by CAPS on this date as well.

Please send any comments to [email protected] by end of the day, March 2, 2021, and copy [email protected] .

Link to the Subdivision Application for electronic review is http://missoula.co/pontiac .

If there is anything we can do to facilitate your review, please reach out to us. Thank you in advance for your comments.

IMEG, Corp.

Anna M. Vickers Land Use Planner

IMEG Corp. | formerly Territorial Landworks 1817 South Ave West | Suite A | Missoula, MT 59801

Learn more about us and the IMEG story! This email may contain confidential and/or private information. If you received this email in error please delete and notify sender.

February 16, 2021

Missoula County Community and Planning Services Attn: Tim Worley 127 E Main Street Missoula, MT 59802

RE: Pontiac Commercial Development – First Agency- Sufficiency Review

Dear Agent:

On February 16, 2021, CAPS posted the Pontiac Commercial Development subdivision packet online for your review. An email was sent to each agency that was identified by CAPS on this date as well.

Please send any comments to [email protected] by end of the day, March 2, 2021, the agency review deadline, and copy [email protected].

Link to the Subdivision Application for electronic review is http://missoula.co/pontiac.

If there is anything we can do to facilitate your review, please reach out to us. Thank you in advance for your comments.

IMEG, Corp.

Anna Vickers Land Use Planner cc. Paul Forsting, AICP, IMEG, Corp. Tim Worley, CAPS

MISSOULA MISSOULA COUNTY COMMUNITY AND PLANNING SERVICES COUNTY 200 W. BROADWAY

MISSOULA, MONTANA 59802-4292 PHONE: (406) 258-4657 FAX: (406) 258-3920

Planning ● Grants and Community Programs ● Parks, Trails and Open Lands ● Sustainability

March 18, 2021

Paul Forsting IMEG Corp. 1817 South Ave W, Suite A Missoula, MT 59802

Re: Pontiac Commercial Subdivision

Dear Paul:

The Pontiac Commercial Subdivision began Sufficiency Review on February 11, 2021. I can confirm that the subdivision is sufficient for governing body review. Please submit a full digital copy of the application and all supporting materials via email or a flash drive. You will be required to submit additional bound copies of the application at a future date. We will contact you about the timing of this required submittal.

The supporting materials in the packets must include any agency comment letters received during the Sufficiency Review period. In addition, please include the Sufficiency Review and Element Review letters from CAPS. The front cover of the packets should indicate their status as governing body review copies and include the submittal date.

Local government timelines, including governing body review, have been suspended as of March 12, 2020, by a directive issued on March 24, 2020. According to the directive, timelines will begin to run again with the end of the declared emergency, or at an earlier date if specified in a future directive. Planning Staff will keep you updated regarding public hearing schedules. The County Commissioners conduct virtual public meetings at this time. Please contact me if you are amenable to this format, which will characterize subdivision considerations for an undetermined amount of time.

Once the public meeting is scheduled, the Planning Office will share meeting details with interested parties, including adjacent landowners, homeowner or landowner associations, community councils, or other neighborhood organizations identified by the Planning Office, per Subdivision Regulations Section 5.7.11.

If you have additional questions, please feel free to give me a call at 258-4794 or email me at [email protected].

Sincerely, Tim Worley Tim Worley, CAPS cc: Anna Vickers

ZZ oo nn ii nn gg

Miles Date: 10/1/2020 0 0.075 0.15

SECTION 2.18 C-I1 LIGHT INDUSTRY

A. Intent This zone accommodates light manufacturing, processing, fabrication, repairing, and assembly of products or materials, warehousing and storage, transportation facilities, and commercial uses with large land requirements.

B. Space and Bulk Requirements Minimum lot area None Minimum required setback front Setbacks for buildings fronting on industrial districts shall be not less than twenty-five (25) feet. Where buildings front on designated arterials and collectors, setbacks shall be not less than fifty (50) feet side Fifteen (15) feet rear Fifteen (15) feet See Section 3.06 C. for Accessory Structure setbacks No industrial building or related accessory structure shall be permitted within one hundred (100) feet of any public, agricultural, or residential zone. Maximum building height ...... Forty-five (45) feet

C. General Standards 1. See Supplementary Regulations - Chapter 3 2. All uses on properties within a TIF district shall comply with Section 3.06 P, including the list of modified permitted and conditional uses and special exceptions.

D. Permitted Uses 1. Industrial uses which do not require an industrial air quality permit from the Missoula City- County Health Department and which do not require a Montana Air Quality Permit as described in the Administrative Rules of Montana, Title 17, Chapter 8 2. Veterinary services, animal hospitals, and kennels 3. Research laboratories 4. Commercial recreation, amusement, and cultural facility 5. Contractor / construction service 6. Wholesale trade 7. Farm and garden supply 8. Retail trades and service, with no outdoor storage or display, with a gross building floor area of less than one hundred thousand (100,000) square feet 9. Personal services 10. Repair service 11. Printing and publishing establishment 12. Eating and drinking establishment 13. Commercial and industrial mini-warehouse 14. Professional, business, and governmental office

Chapter 2 – Zoning Districts 49 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS

15. Transient lodging 16. Civic, social, and fraternal organizations 17. One single-dwelling for exclusive use by owners, caretakers, or other managerial personnel and their immediate families 18. Public utility 19. Agriculture, including any and all structures or buildings needed to pursue such activities 20. Open space land 21. Accessory buildings and uses

E. Conditional Uses 1. Industrial use which conforms to all of the Light Industrial Standards of Section 4.05 C., excluding use whose principal activity is the processing, refining, transfer, distribution, or bulk storage of flammable liquids, solids, or gas 2. Automotive, marine, trailer, mobile home, recreational vehicle, and accessories sale, rental, and service 3. Building material, hardware, and farm equipment sale, storage, and service 4. Distribution and transportation facility, excluding railroad facility 5. Service station 6. Retail trade and service with gross building floor area of less than one hundred thousand (100,000) square feet 7. Recreational vehicle park 8. Seasonal commercial and temporary uses

F. Special Exceptions 1. Industrial uses which conform to all the Heavy Industrial Standards of Section 4.05, D., except for the exclusions listed under Conditional Uses in Section 2.18.E. above

Chapter 2 – Zoning Districts 50 GG rr oo ww tt hh PP oo ll ii cc yy

Miles Date: 10/1/2020 0 0.075 0.15

DEVELOPMENT COVENANTS (DRAFT)

Matthew and Kathleen Whetzel are the current owners of the Pontiac Commercial Development, and the undersigned does declare that all the property described above shall be held, sold, and conveyed subject to the following restrictions and conditions. These restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title, or interest in the protected property and shall inure to the benefit of and be binding upon each successor in interest to the owner:

1. Address Signage. All applicable structures within this subdivision shall post address signs visible from public streets in all light conditions. Address numbers shall be no less than 6” in height and must be displayed in stark contrast to the background and easy for emergency responder to read from the street. For clarification on this requirement contact the Missoula Rural Fire District.

2. Notice of Adjacent Agricultural Activities. The Pontiac Commercial Development is adjacent to agricultural operations. The implications of living adjacent to agricultural operations which include, but are not limited to: exposure to odors, dust and noise, exposure to hazards such as irrigation ditches, ponds, fencing, and livestock protection methods, and use of agricultural chemicals and farm equipment. The provisions shall also educate lot owners about the potential impacts they may have on nearby agricultural operations such as domestic animal nuisances, trespass, and traffic. The provisions may include measures to minimize the impacts of development to adjacent to agricultural operations.

3. Building Permit Requirements. The following building permit requirements are enforceable by Missoula County and may not be amended or deleted without governing body approval: a. All property owners agree that no building permits shall be issued for any property not in compliance with the covenant provisions included in this section. b. Driveways in excess of 150 feet in length shall be approved by the Missoula Rural Fire District prior to building permit approval. A turn-around for fire protection apparatus must be incorporated into the terminus of the driveway. Driveways shall provide 20 feet of unobstructed drivable width and 13 feet 6 inches of unobstructed vertical clearance the length of the drive. Driveways shall not exceed 10% grade and shall be constructed to support emergency vehicles in all weather conditions. c. Installation of interior residential fire sprinklers that meet International Fire Code, NFPA 1, and NFPA 13D standards is required in each new home for the purpose of fire protection. Commercial fire sprinklers that meet NFPA 13 are required for any commercial structures. Plans for installation of interior fire sprinklers shall be approved by the Missoula Rural Fire District prior to Building Permit approval. Fire sprinkler installations shall be inspected and

approved by the Missoula Rural Fire District for residential construction; commercial fire sprinkler installations are subject to review and approval by the Missoula Rural Fire District. Failure to install interior fire sprinklers in any new home or commercial structure may subject the entire subdivision to the cost of installation of a shared water source for firefighting purposes. All lot owners shall provide a written, signed statement to the Missoula Community and Planning Services Department (CAPS) acknowledging and agreeing to the interior fire sprinkler system requirements of the conditions of subdivision approval prior to building permit approval. This requirement shall not be changed or deleted without governing body approval.”

4. Common Area. The common area and all its contents are to be maintained by the Pontiac Commercial Development Homeowners Association, Inc. Pontiac Commercial Development Homeowners Association, Inc. shall include all costs of maintenance and any other expenses associated with the Common Area.

5. Private Road Maintenance. Grand Am Way is to be maintained by the Pontiac Commercial Development Homeowners Association, Inc. The road, proposed name Grand Am Way, used by all lots for access and will share equally in the cost of such maintenance. Maintenance includes surface treatment, crack repair, resurfacing, snow removal, and maintaining a 20’ unobstructed surface for the entire road. Each lot owner will be solely responsible for the maintenance of any portion of the driveway used solely by the owner of said Lot.

6. Stormwater Facilities. The Pontiac Commercial Development Homeowners Association, Inc. will be responsible for maintaining stormwater facilities located in common areas or easements. Maintenance includes removal of sediment and excess vegetation in the roadside ditches, retention ponds, culverts, outlet structures, facilities, swales and retention ponds and other general maintenance and repair. Facilities should be checked at least every three months.

7. Fire Suppression and Access. The subdivision will have a 30,000 gallon cistern for fire suppression. This cistern is to be maintained by the Pontiac Commercial Development Homeowners Association, Inc. Maintenance shall include checking the control box to ensure that it in correct working condition and power is being supplied and any other required upkeep and maintenance. This shall be done monthly by the Pontiac Commercial Development Homeowners Association. The Missoula Rural Fire District shall be permitted to flow test the cistern as weather and time allows to ensure adequate access and proper operation of the system. There shall be nothing parked or left which will block access to the suction piping of the cistern. The “No Parking – Fire Department Hydrant” sign shall be installed and maintained so that it is visible in all weather and lighting conditions, year-round.

Future buildings on all Lots may be required to install fire sprinkler systems that comply with NFPA 1142, 13 and/or 13D, as applicable. The sprinkler plans shall be

approved for future buildings by the Missoula Rural Fire District prior to Building Permit approval. Fire sprinklers within buildings shall be maintained by individual Lot owners and be fully functional and in operational condition. Lot owners shall follow the fire sprinkler manufactory’s guideline and recommendations for routine maintenance, inspection and repair activities.

Driveways longer than 150 feet shall provide a minimum drivable width of 16 feet. If the driveway contains straight segments with clear lines of sight the width may be reduced to 12 feet. In addition to drivable width, accesses to individual lots shall provide an unobstructed vertical clearance of 13.5 and horizontal clearance of 20 feet.

Security gates must be two feet wider than the road and shall be a minimum of 20 feet wide unobstructed road width and an unobstructed vertical clearance of not less than 13 feet and six inches. A lock box will be required and available from the Missoula County Rural Fire District at cost so that emergency response personnel can access the Pontiac Commercial Development in case of emergency or after hours.

8. Lighting for New Construction. To promote public health and safety, reduce energy consumption, and reduce impacts to nocturnal wildlife, full cut-off lighting is recommended for any new construction within this subdivision. A full cut-off fixture means a fixture, as installed, that is designed or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamps or indirectly from the fixture, are projected below a horizontal plane through the lowest point on the fixture where light is emitted. The source of light should be fully shielded on the top and sides, so as not to emit light upwards or sideways, but only allowing light to shine down towards the subject that is to be lighted. For more information, visit www.darksky.org

9. Radon Mitigation. The owners of the Pontiac Commercial Development Subdivision shall recognize the Environmental Protection Agency has designated Missoula County as having high radon potential (Zone 1). The Missoula City-County Health Department recommends that all new construction incorporate radon resistant construction features.

10. Weed Control. The owners of the Pontiac Commercial Development Subdivision shall maintain their property in compliance with the Montana County Weed Control Act. The Pontiac Commercial Development Subdivision Weed Management Plan and Revegetation Plan shall be followed by all owners and is attached as Exhibit A. Ground disturbances caused by construction or maintenance must be re-vegetated with beneficial species at the first appropriate opportunity.

11. Energy Efficiency. The Missoula City-County Health Department recommends that builders consider using energy efficient building techniques such as building

orientation to the sun, appropriately sized eaves, wind breaks, extra insulation, passive solar lighting, solar heating, and ground source heat pumps for heating/cooling. Ground source heat pumps are usually more efficient, and so create less pollution, than other systems for heating and cooling.

12. Air Pollution. In accordance with the Missoula City-County Air Pollution Control Program, regulations prohibit the installation of wood burning stoves or fireplaces. 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.

13. Disposal of Pharmaceuticals and Medicines. The owners of the Pontiac Commercial Development Subdivision shall properly disposal of their pharmaceuticals and medicines according to the recommendations and requirements of the City/County Health Department’s Water Quality District. These materials shall not be dumped in the wastewater collection system or placed in the garbage.

14. Disposal of Hazardous and Toxic Materials. The owners of the Pontiac Commercial Development Subdivision shall properly disposal of their hazardous and toxic materials according to the recommendations and requirements of the Target Range Water and Sewer District and the City/County Health Department’s Water Quality District. Hazardous and toxic materials can include but are not limited to the following: oil-based paints and stains, paint thinner, degreasers, gasoline, other flammable liquids, aerosol paints, fertilizer, non-alkaline household batteries, used motor oil, antifreeze, fluorescent tubes, mercury fever thermometers, pesticides, caustics, strong acids and chlorinated solvents. These materials shall not be dumped in the wastewater collection system or placed in the garbage.

15. Living with Wildlife and Mitigation. To reduce the potential for human/bear, human/mountain lion, human/deer, and other human/wildlife conflicts associated with new developments, Montana FWP prints several brochures in its Living with Wildlife series that can be helpful in preventing/reducing human/wildlife conflicts. This series of brochures, over 20 in all, includes separate titles for living with black bears, grizzlies, mountain lions, deer, skunks, raccoons, woodpeckers, bats, being a responsible pet owner, and many others. These and other good information are all available online at http://fwp.mt.gov/wildthings/livingwwildlife/default.html, and FWP encourages developers and homeowners’ associations to provide copies of the above brochures and the Internet website to all new property owners.

The following conditions are recommended to minimize problems that future homeowners could have with wildlife, as well as helping those individuals protect themselves, their property, and the wildlife.

a) Homeowners must be aware of the potential for vegetation damage by wildlife, particularly from deer feeding on lawns, gardens, flowers, ornamental shrubs, and

trees in this subdivision. Homeowners need to take the responsibility to plant non- palatable vegetation or protect their vegetation (fencing, netting, repellents) in order to avoid problems. Landscape plantings of certain species of native vegetation are less likely to suffer extensive feeding damage by deer. We recommend the excellent booklet, Minimizing Deer Damage to Residential Plantings, put out by the Montana State University Animal & Range Sciences Extension Service and available online at: http://www.animalrangeextension.montana.edu/articles/wildlife/deerdamage.htm b) Fruit-producing trees and shrubs should not be allowed because they attract bears. If present they must be fenced with electric fencing to deter bears. Keep produce and any fruit picked and off the ground. Ripe or rotting fruit or vegetable material attracts bears, deer, skunks, and other wildlife. To help keep wildlife such as deer out of gardens, fences should be 8 feet or taller or electric fences utilized. c) Garbage must be stored either in secure, bear-resistant containers or indoors, preferably both, to avoid attracting wildlife such as bears and raccoons. If stored indoors, garbage cans may not be set out until the morning of garbage pickup and must be brought in no later than that same evening. If home sites are occupied seasonally or if the occupants are to be away from the household for 7 days or more, garbage from the home, other buildings, or containers must be removed from the property prior to their departure. d) Do not feed wildlife or offer supplements such as salt or mineral blocks, attractants, or bait for deer or other wildlife. Feeding wildlife results in unnatural concentrations of animals that can lead to overuse of vegetation, disease transmission, and other adverse effects to wildlife (such as foundering of deer). Such actions unnecessarily accustom wild animals to humans, which can be dangerous for both. It is against state law (M.C.A. 87-3-130) to purposely or knowingly attract ungulates, bears, or mountain lions with supplemental food attractants (any food, garbage, or other attractant for game animals) or to provide supplemental feed attractants in a manner that results in “an artificial concentration of game animals that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.” Also, homeowners must be aware that deer might attract mountain lions to the area. e) Birdseed is an attractant to bears and deer. Use of bird feeders is not recommended from April 1 through November 30. If used, bird feeders must be suspended a minimum of 10 feet above ground level (measured from bottom of catch plate), be at least 4 feet from any support poles or points, and 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. Hummingbird feeders will follow the same criteria. f) Pets at large, particularly dogs and cats, are a real threat to wildlife. Pets must be confined to the house, a fenced yard, or an outdoor kennel, when not under the

immediate control of the owner, and not allowed to roam. Under state law it is illegal for dogs to chase hoofed game animals (M.C.A. 87-3-124). Keeping pets confined also helps protect them from predatory wildlife. We recommend the FWP brochure, Living with Dogs & Cats. g) Pet food must be stored indoors, in closed sheds, or in bear-resistant containers in order to avoid attracting wildlife such as bears, mountain lions, skunks, and other wildlife. When feeding pets, do not leave food out overnight. h) Barbecue grills must be stored indoors, and permanent outdoor barbecue grills shall not be allowed in this subdivision. Keep all portions of the barbecues routinely clean. Food spills and smells on and near the grill attract bears and other wildlife. i) Fencing of lot boundaries is discouraged. If used, rail or smooth wire fences will be erected that are no higher than 40” at the top rail/wire and no lower than 18” at the bottom rail/wire in order to facilitate wildlife movement and help avoid animals becoming ensnared and killed by the fence or injuring themselves when trying to jump the fence. Please refer to the helpful booklet, How to Build Fence with Wildlife in Mind, available from FWP and online at: http://fwp.mt.gov/content/getItem.aspx?id=34461 j) Compost piles and beehives can attract bears and must be fenced with electric fencing to prevent access to them or not allowed in the subdivision. k) Domestic animals, such as horses, cattle, pigs, sheep, goats, llama, poultry, etc. (including those kept as 4H projects), can attract bears, mountain lions, and coyotes. Animals must be housed with this in mind and livestock feeds, especially grain- related, must be fed in a manner that does not allow deer or bears to have access to them.

Amendments

These Development Conditions shall be recorded with the Missoula County Clerk and Recorders Office and shall act as an encumbrance upon the land. No sections relating to amendments, building permit requirements, road maintenance, common areas, storm water maintenance, address signage, radon mitigation, agricultural, weed management, fire suppression and access, energy efficiency or wildlife may be changed or deleted without prior written consent of the governing body.

OWNER:

STATE OF ) :ss County of )

This instrument was acknowledged before me on , 20 , by

SS______

Return to: IMEG Corp 1817 South Ave. W., Ste A Missoula, MT 59801

BYLAWS FOR PONTIAC COMMERCIAL DEVELOPMENT HOMEOWNERS ASSOCIATION, INC.

1. Definitions.

a. Articles of Incorporation. "Articles of Incorporation" and/or "Articles" shall mean and refer to the Articles of Incorporation filed for the Corporation identified in Paragraph 1(b), and all rest2tements or amendments to such Articles.

b. Corporation. "Corporation" and/or "Association" shall mean and refer to the Pontiac Commercial Development Subdivision Homeowners Association, Inc., a Montana non- profit Corporation.

c. Declarant. "Declarant" shall mean and refer to that person or entity making the Declaration, described in paragraph 1(d).

d. Declaration. "Declaration" shall mean and refer to that certain Declaration of Covenants, Conditions and Restrictions for Pontiac Commercial Development, dated ______20___, and recorded in Book of Records, at Page , Micro Records, Missoula County, Montana, or as those Declarations may be subsequently amended.

e. Lot. "Lot" shall mean and refer to any Lot as defined in the Declaration and as the same are shown upon the recorded plat of the property subject to the Declaration described in Paragraph 1(d) with common areas, and streets and roads as addressed in said Declaration and on the plat of Pontiac Commercial Development.

f. Incorporation by Reference. The definitions and matters affecting the Association as set out in the Declaration, described in paragraph 1(d) are hereby incorporated into these Bylaws by this reference, as fully set forth herein, Any conflict between these Bylaws and the Declaration shall be controlled by the Declaration.

2. Principal Office. The initial principal mailing address and principal office for the Corporation shall be ______, and the principal office shall be located at such

Page | 1

location within the State of Montana as the Board of Directors may later determine.

3. Membership.

a. Membership Eligibility. The Members of the Corporation shall consist of those persons or entities who are mandated, pursuant to the Declaration described in Paragraph 1(d), to be Members.

b. Voting Rights. The Members shall be entitled to vote upon membership matters in the manner described in the Declaration referred to in Paragraph 1(d). The voting rights and circumstances for the exercise thereof, as identified in the declaration shall apply under these bylaws, i.e. one vote and one “member” for each lot, no matter the number of owners of a lot. A simple majority of the quorum of Members or eligible voters represented at any meeting shall be sufficient to pass motions, approve resolutions, or elect directors, unless a greater majority is required by the Declaration, Articles of Incorporation or statutes.

c. Membership Meetings. The Members shall hold an annual meeting on the first Monday in March beginning in the year 20__ at a time to be determined by the Directors, at the property subject to the Declaration, or the designated principal office of the Corporation or upon notice, at such other place within the State of Montana as may be designated by the Board of Directors. The purpose of the annual meeting shall be to elect Directors and to transact any other matters which might come before the meeting. If the date fixed for the annual meeting shall fall upon a legal holiday, then the annual meeting shall be held on the next successive business day. In the event the annual meeting is omitted by oversight or otherwise the Directors shall cause a meeting to be held in lieu thereof as soon as such meeting may be conveniently done. Any business transacted or elections held at such meeting shall be as valid as though called and held upon the date of the annual meeting previously specified. Such subsequent or replacement meetings shall be called in the same manner as prescribed for the calling of special meetings of the Members.

d. Special Meetings. Special meetings of the Members may be called at any time by the President of the Corporation or by the Board of Directors. It shall be the duty of the President and Board of Directors to call such special meetings whenever so requested in writing by ten percent of the Members. Such meetings shall be held at the principal office of the Corporation or after notice at such other place within the State of Montana as may be designated by the Board of Directors. Notice of special meetings shall be given in accordance with Paragraph 3(e).

e. Notice of Meetings. Except as otherwise provided for by statute, written or printed notice stating the location, date and hour of the meeting and in the case of special meetings, the purpose for which the meeting is to be held, shall be delivered not less than ten days nor more thali fifty days before the date of any such meeting. Such delivery may be accomplished either personally or by mail. Such notice shall be given by the Secretary of the Corporation at the direction of the President or the Board of Directors. Such notice shall be deemed delivered if the same is either delivered personally to the Member or deposited in the United States Mail with the postage prepaid thereon addressed to the Member at his or her address as it appears upon the membership rolls of the Corporation. It is the obligation of the Member to keep the Corporation advised of that Member's current mailing address.

f. Action Without Meeting. Any action required or which may be taken at a meeting of the

Page | 2

Members may be taken without a meeting, if the consent in writing setting forth the action so taken shall be signed by all of the Members and eligible voters entitled to vote on such matter.

g. Order of Business. The order of business at the annual meeting and as far as possible at all other meetings of the Members shall be as follows:

i. call of roll; ii. proof of due notice of meeting or waiver of notice; iii. reading and disposal of any unapproved minutes; iv. reports of officers and committees; v. election of Directors; vi. unfinished business; vii. new business; and viii. adjournment.

h. Membership Rolls. The Corporation shall maintain a membership roll containing the names and addresses of all of the Members of the Corporation. These rolls shall be prima facie evidence of the identity and address of the Members entitled to vote and to exercise all other rights of membership. The membership rolls shall be open to inspection during the regular business hours of the Corporation or upon reasonable request to the custodian of such rolls. It shall be the responsibility of Members to advise the Corporation upon any transfer of a Lot or upon any change of mailing address.

i. Quorum. The presence of 50 percent or more of the Members of the Corporation or those entitled to vote on a particular matter, represented either in person or by proxy, shall constitute a quorum at any meeting of the Members. If less than that number of Members are represented at such meeting, a majority of those Members so present may adjourn the meeting from time to time without further notice. Upon the continuation of any adjourned meeting at which a quorum is present or represented, any business may be transacted which might have been transacted at the meeting as originally noticed. The Members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum.

j. Proxies. At all meetings of the Members, eligible voters may vote either in person or by proxy executed in writing by the eligible voter or by his duly authorized attorney in fact. Such proxies shall set forth the period of time for which they will be valid which shall not exceed eleven months from the date of its execution unless otherwise provided for in the proxy.

k. Cumulative Voting. Cumulative voting shall not be permitted for any purpose.

l. Voting by Ballot. The election of Directors must be by ballot. Voting upon any question or other matters may be oral unless the presiding officer of such meeting shall order or any Member shall demand that voting be conducted by ballot.

4. Board of Directors.

a. General Powers. The business affairs of the Corporation shall be managed by the Board of Directors.

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b. Qualifications and Term of Office. The number of Directors shall be three. The number of Directors may be increased or decreased by amendment to the Bylaws unless the Articles of Incorporation provide otherwise. The minimum number of Directors shall be three. Each Director shall be either a Member of the Corporation or the representative of a Member if such member is an entity. Following the initial Directors, each Director shall serve for a term of three years or until his or her successor shall have been elected and qualified or until he or she shall have resigned or been removed in the manner as provided in this paragraph. Terms of office for the initial Directors and the election of Directors shall be arranged so that approximately one-third of the Directors shall be elected each year. Directors shall be chosen at the annual meeting of the membership by election according to the highest number of votes received by the nominee for said office. c. Meetings. An annual meeting of the Board of Directors shall be held on the same day and immediately following the annual meeting of the Members. This annual meeting shall be held at the principal office of the Corporation or at any other location within the State of Montana as the Board of Directors may designate. The Directors by resolution may establish the time and place of other regular meetings of the Board of Directors. Special meetings of the Board of Directors may be called by the President of the Corporation or by any Director. Notice of all meetings provided for in this part shall be given to all Directors in accordance with the provisions of Paragraph 4(d). d. Notice. Notice of all annual and regular meetings shall be delivered to each Director by the Secretary at least ten days prior to the time fixed for such meeting. Notice of any special meeting of the Board of Directors shall be in writing and the Secretary shall deliver such notice to each Director at least three days prior to the date set for any such special meeting. Said notices may be delivered either in person or through the United States Mail or electronic mail. If such notice is mailed it shall be deemed delivered when deposited in the United States Mail properly addressed with the postage prepaid. If the notice be by electronic mail it shall be deemed delivered when sent, with receipt confirmation requested. For the purpose of this section the proper address shall be the addresses of the Directors as shall appear on the membership roll of the Corporation, inclusive of email addresses. Any Director may waive notice of any meeting. The attendance of a Director at any meeting shall be deemed to be a waiver of notice unless that Director shall be in attendance for the sole expressed purpose of objecting to the transaction of business because the same was not lawfully called or convened. Neither the business to be transacted nor the purpose of any annual or regular meeting of the Board of Directors need be specified in the notice or waiver‘ of notice of such meeting, but the notice of any special meeting shall state the business and purpose of the special meeting to be held. e. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. If less than a majority of the Directors are present at any such meeting, a majority of those Directors actually present may adjourn the meeting from time to time without further notice. f. Manner of Acting. The act of majority of the Directors present at any meeting at which a quorum is present shall be deemed the act of the Board of Directors. g. Removal and Resignation. Any or all Directors may be removed from office with or without cause by the Members at the annual meeting or any special meeting called for that purpose. A Director may resign, effective upon receipt of written notice of such resignation

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to the Chairman of the Board, if one shall have been chosen, or the President or Secretary of the Corporation. Any Director who ceases to own a Lot or misses two or more meetings of the Board of Directors within a one year period without a reason acceptable to the Board of Directors shall be deemed to have resigned. Any Director removed or resigned who is a member of any committee shall cease to be a member of such committee.

h. Vacancies. The vacancies occurring among the Director‘s for any reason other than by virtue of an increase in number of Directors’ positions, may be filled by vote of the remaining Directors. If the remaining Board of Directors is unable to agree on an individual to fill such vacancy, then the Members of the Corporation at a special meeting convened for that purpose shall fill the vacancy. When a vacancy in the Board of Directors is created by virtue of an increase in the number of Directors, such vacancy shall be filled by an appointee of the Board of Directors. Such appointee shall hold position as Director until the next annual election of Directors at which time the office held by such appointee shall be filled by an election of the Members as in the case of the election of other Directors.

i. Compensation. By resolution, the Board of Directors may authorize the reimbursement of their actual expenses occurred while attending and traveling to and from any duly constituted meeting of the Board. No such payment shall preclude any Director from serving the Corporation in any other capacity and receiving compensation therefor.

j. Presumption of Action. Any Director of the Corporation who is present at a meeting of the Board of Directors at which any action relating to any corporate matter is taken shall be conclusively presumed to have consented to such action unless his dissent shall be entered upon the minutes of the meeting or filed in writing with the person acting as secretary of the meeting prior to its adjournment or forwarded by registered mail to Secretary of the Corporation immediately upon adjournment of such meeting. No Director who voted in favor of any such action shall have the right to dissent.

k. Order of Business. The order of business at the annual meeting and as far as possible at all other meetings of the Directors shall be as follows:

i. call of roll; ii. proof of due notice of meeting or waiver of notice; iii. reading and disposal of unapproved minutes; iv. reports of officers; v. election of officers. vi. unfinished business. vii. new business; and viii. adjournment.

l. Chairman and Secretary. The President and Secretary of the Corporation shall act as the chairman and secretary of each Directors' meeting unless the Board of Directors shall elect other members of the Board to act in their place instead.

m. Informal Action. Any action required to be taken at a meeting of the Directors, or any action which may be taken at a meeting of the Directors, may be taken without a meeting of the Directors, if consent in writing setting forth the action so taken shall be signed by all of the Directors entitled to vote with respect to the subject matter thereof.

5. Committees. The Board of Directors may create, designate and appoint one or more committees.

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Each committee shall consist of at least two or more Directors and if desired, any additional Members of the Corporation as may be determined by the Board upon creation of such committee. Committee membership and qualification may further be as defined by the declaration. The Board in creating a committee shall state the purpose for which that committee is created, the limits upon that committee's power, and the manner in which that committee may act. Unless otherwise limited, the committee shall have and exercise all of the authority of the Board of Directors, except such authority shall not in any instance include authority to do any of the following:

a. amend, alter or repeal Bylaws; b. elect, appoint or remove any member of any committee, any director or officer of the Corporation; c. amend or restate the Articles of Incorporation; d. adopt a plan of merger or consolidation with another corporation; e. authorize the sale, lease, exchange or mortgagee of any property or assets of the Corporation; f. authorize a voluntary dissolution of the Corporation or revoke proceedings thereof; g. adopt a plan for distribution of the assets of the Corporation; or h. amend, alter or repeal any resolution of the Board of Director‘s which by its terms provides that it shall not be amended, altered or repealed by any committee.

6. Officers.

a. Offices. The officers of the Corporation shall be a President, one or more Vice Presidents, a Secretary and a Treasurer and any other officers as the Board of Directors from time to time deem necessary. Such additional officers shall be elected or appointed by and their titles and duties prescribed by the Board of Directors. Any two or more offices may be held by the same person, except for the offices of President and Secretary.

b. Qualification, Election and Term of Office. Each officer shall be either a Member of the Corporation or the representative of a Member if the Member is an entity. The officers of the Corporation shall be elected or appointed annually by the Board of Directors at their first meeting following the annual meeting of the Members. If the election of officers is not held at that meeting then such election shall be held as soon thereafter as may be conveniently done. Vacancies shall be filled and new offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor shall have been duly elected and qualified or until his death, resignation or removal.

c. Resignation and Removal. Any officer may resign at any time by giving written notice of such resignation to the Board of Directors, the President or the Secretary of the Corporation. Unless otherwise specified in said written notice, such resignation shall take effect upon acceptance thereof by the Board of Directors. Any officer having been elected and appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the Corporation would be served thereby. Such removal shall be without prejudice to the contract rights, if any, of the person removed. Any officer who ceases to on a lot or misses two or more meetings of the Board of Directors within a one year period without a reason acceptable to the Board of Directors shall be deemed to have resigned. The election or appointment of any officer or any other agent shall not in itself create contractual rights.

d. President. The President, who must be a Director, shall be the principal executive officer of the Corporation and shall in general supervise and conduct all of the business of the

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Board of Directors. He shall preside at all meetings of the Members or the Board of Directors. He must sign with the Secretary of the Corporation or other proper officer as designated by the Board of Directors, the annual statements, all deeds, mortgages, bonds, contracts or other instruments authorized by the Board of Directors to be executed, except in cases where the signing and execution of such documents shall be expressly delegated by the Board of Directors or these Bylaws to some other officer or agent of the Corporation or shall be under the laws of the State of Montana required to be otherwise assigned or executed. The President shall perform all duties incidental to the office of the President and shall performs such other duties as may be prescribed by the laws of the State of Montana, the Articles of Incorporation or by the Board of Directors.

e. Vice President. In the absence of the President or in the event of his inability or refusal to act, the Vice President, or in the event there is more than one Vice President, the Vice Presidents, in the order of priority as designated or, if such priorities are not designated, in the order of their election, shall perform the duties of the President. When so acting the Vice President shall have all the powers of and be subject to all the restrictions upon the President. Any Vice President may sign, together with a majority of the Directors inclusive of the President, the annual statement of the Corporation. The Vice President or Vice Presidents shall perform all other duties as may from time to time be assigned by the President or the Board of Directors.

f. Secretary. The Secretary shall keep the minutes of the proceedings of the Members and of the Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provision of these Bylaws or as otherwise required by the Articles or Statutes; be custodian of the Corporate records and seal of the Corporation and see that such seal is affixed to all documents executed on behalf of the Corporation; keep a register of the post office addresses of each of the Members; have general charge of the membership rolls of the Corporation; and in general, perform all of the duties incidental to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or the Board of Directors.

g. Treasurer. The Treasurer shall have charge and custody and be responsible for all funds and securities of the Corporation; receive and give receipts for monies due and payable to the Corporation from any source whatsoever; deposit all such monies in the name of the Corporation in such banks, trust companies or other depositories as shall be selected in accordance with the provisions of these Bylaws; and in general, perform all of the duties incidental to the office of Treasurer and any other such duties as from time to time may be assigned by the President or the Board of Directors. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with a surety or sureties as the Board of Directors shall determine is appropriate. The cost of any such bond shall be paid for by the Corporation.

h. Salaries. Salaries of the officers, if any, shall be fixed, from time to time, by the Board of Directors and no officer shall be prevented from receiving such salary by reason of the fact that he is also a Director of the Corporation.

7. Fiscal Year. The fiscal year of the Corporation shall begin on January 1st in each year and end on December 31st of that year.

8. Corporate Seal. The Board of Directors may provide a corporate seal which shall be circular in form and shall leave inscribed thereon the name of the Corporation, state of incorporation and the

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words “Corporate Seal.”

9. Waiver of Notice. Whenever any notice is required to be given by these Bylaws, the Articles of Incorporation or any of the laws of the State of Montana, a waiver thereof in writing signed by the person or persons entitled to such notice whether before or after the time stated therein shall be deemed the equivalent of giving such notice.

10. Amendments. The Members at any special or annual meeting may, by a three-quarters majority vote of those in attendance, either represented in person or proxy amend or alter these Bylaws, provided that the substance of the proposed amendment shall have been stated in the notice at the meeting.

11. Severability. If any portion of these Bylaws is deemed to be contrary to law by a Court of competent jurisdiction, such portion of the Bylaws is severable from the remaining provisions of the Bylaws and those remaining provisions shall be legally binding.

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CERTIFICATE

KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, being a majority of the initial Board of Directors of the Pontiac Commercial Development do hereby assent to the adoption of the foregoing Bylaws and do hereby certify that the same were duly adopted as the Bylaws at the first meeting of the Directors of said Corporation on the ____ day of ______, 20___, and that the same do now constitute the Bylaws of said Corporation.

DIRECTORS:

______

STATE OF ______) ss. COUNTY OF ______)

This instrument was acknowledged before me on ______, 20_____, by ______.

SS______

STATE OF ______) ss. COUNTY OF ______)

This instrument was acknowledged before me on ______, 20_____, by ______.

SS______

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VV ii cc ii nn ii tt yy MM aa pp

Miles Date: 10/1/2020 0 0.5 1

A 7860

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A 636H 1 C 6520 6505

5738

5746

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityMiles Date: 5/19/2021 00.050.1 0.2 0.3 0.4 0.5

Map Center: X: -114.12742 - Y: 46.93298 The material displayed on this page is informational and should be used for reference only. No reliance should be placed thereon without verification by the user. Missoula County does not warrant that the information is either complete or accurate. No representation, warranties or covenants of any kind are made by Missoula County. Before acting on the information contained on this page the user should consult original documents. Map Number Geocode Owner Property Address Mailing Address (If Different) 1 04-2325-28-4-01-03-0000 Roller Coaster Rd. LLC 9450 Roller Coaster Rd. Missoula MT 59808 2960 Hilltop Dr. Missoula MT 59803 2 04-2325-33-1-01-09-0000 Michael and Vikki Spencer 9675 Roller Coaster Rd. Missoula MT 59802 3 04-2325-33-2-02-01-0000 Diane Lemm PO Box 56 Lolo MT 59847 4 04-2325-33-1-01-05-0000 Jeffery Johnson, Phillip and Linda Johnson 13003 W Skyview Dr. Sun City AZ 85375

AA ee rr ii aa ll

Miles Date: 10/1/2020 0 0.075 0.15

Variance Request #1 – Curb & Gutter

A variance from Section 3.4.7.3 requiring conventional curb and gutter along the proposed road.

3.4.7 Road Design Standards 3.4.7.3 Curb, Gutter, Boulevard in the Urban Area All roads shall contain a conventional curb, gutter, and boulevard sidewalk, unless the exception to the Urban Standards is met. The dimensions of the boulevard and sidewalk shall comply with the standards in Table 3.4.9.4, Non-Motorized Standards.

Generally

A variance is being pursued to relieve the applicant from the requirement to have curb and gutter along the proposed subdivision road. The Pontiac Commercial Development Subdivision was a previously approved subdivision in Missoula County. The applicant received approval of a road design that did not have curb and gutter. The applicant is seeking a similar approval to eliminate the required curb and gutter.

Curb and gutter provide a means to capture and collect storm drainage throughout a site. This can be very important with small lots in an urban area. This is not the case for this project site. Curb and gutter are not needed to provide adequate stormwater provisions for this development (see attached stormwater portion of the Grading and Drainage Report). The proposed road system will provide adequate drainage without the added expense associated with curb and gutter.

The project is in an area where curb and gutter has not been installed on any similar commercial and light industrial developments. The nearby developments include roads without curb and gutter. Requiring curb and gutter will place this project at a distinctly disadvantages to its peer developments. The cost of these lots will be greater than the similar lots in the area. The cost will be greater because of a required infrastructure improvement (curb and gutter) that buyers do not value.

Proposed Findings:

5.10.1.1 Undue Hardship Strict compliance with these regulations will cause undue hardship for the applicant.

Strict compliance with these regulations would cause undue hardship for the applicant. This subdivision application was reviewed and approved with a road design that did not include curb and gutter. It would cause undue hardship to now impose the regulation that is unique to the area. Although not a deciding factor, the future owners of the Pontiac Commercial Development Subdivision would also benefit from the cost savings from creating the proposed road section to keep the previously approved layout for the subdivision.

5.10.1.2 No Threat The granting of this variance does not result in a threat to public safety, health, or welfare, and is not injurious to persons or property.

Variance Request Page 1 of 2

IMEG CORP P.O. Box 3851 (406) 721-0142 Missoula, MT 59806

There does not appear to be any concern regarding public safety, health, or welfare by granting this variance, nor would it be injurious to persons or property. This is not known to cause a threat to public safety, health, or welfare, nor is it injurious to persons or property. Access to each of the lots will be achieved with or without curb and gutter.

5.10.1.3 Unique Conditions The conditions upon which the variance is based are unique to the subject property and are not applicable generally to other property.

The conditions upon which this variance is based are unique in that the proposed subdivision was previously approved, and this variance is requesting re-approval of the previously proposed layout. The applicant is proposing a private gated road that will be unique to the area. The required standards for a private gated road should have a different standard than a public road.

5.10.1.4 No Violation The variance will not in any manner violate the provisions of the Missoula County Zoning Resolution or conflict with the Missoula County Growth Policy.

This variance request will not violate any of the aforementioned documents.

5.10.1.5 Public Cost The variance will not cause an increase in public costs.

There will not be an increase to public costs by granting this variance.

5.10.1.6 Not Created by Applicant The hardship has not been created by the applicant or the applicant’s agent.

The hardship has not been created by the applicant or the applicant’s agent.

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Variance Request Page 2 of 2

IMEG CORP P.O. Box 3851 (406) 721-0142 Missoula, MT 59806

Variance Request #2 – Sidewalks

A variance from Table 3.4.9.4 requiring 5’ sidewalks with 7’ boulevards along both sides of the proposed road, to instead allow a 4’ paved path attached on one side of the proposed road.

3.4.9.1 Urban Area Requirements B. Recommended Density, 8 Units per Acre or Greater 1. Urban Area subdivisions with a land use designation recommending 8 units/lots per acre or greater shall include a concrete boulevard sidewalk on both sides of the streets that are internal to the subdivision in compliance with the dimensional standards in Table 3.4.9.4, Non-Motorized Standards.

Generally

A variance is being pursued to relieve the applicant from the requirement to construct 5’ sidewalks with 7’ boulevards on both sides of Grand Am Way. The applicant has instead proposed to construct a 4’ paved path attached to the east side of the road. This path will be separated from the driving surface by reflectors and striping.

Proposed Findings:

Ponderosa Heights, Phase 4 Variance Request Page 1 of 2

IMEG CORP P.O. Box 3851 (406) 721-0142 Missoula, MT 59806

5.10.1.1 Undue Hardship Strict compliance with these regulations will cause undue hardship for the applicant.

Strict compliance with these regulations would cause undue hardship for the applicant. This project is proposed in an area where commercial developments utilize minimal infrastructure. Most lots are minimally developed to keep their business costs down. Adding 5’ cement sidewalks on both sides of the road will increase the project cost without adding value to the consumers business. Requiring cement sidewalks in an area devoid of this type of improvement is an undue hardship for the applicant.

5.10.1.2 No Threat The granting of this variance does not result in a threat to public safety, health, or welfare, and is not injurious to persons or property.

There does not appear to be any concern regarding public safety, health, or welfare by granting this variance, nor would it be injurious to persons or property. Several of the existing surrounding roadways without any pedestrian facilities. This is not known to cause a threat to public safety, health, or welfare, nor is it injurious to persons or property.

5.10.1.3 Unique Conditions The conditions upon which the variance is based are unique to the subject property and are not applicable generally to other property.

The conditions upon which this variance is based are unique in that the proposed subdivision was previously approved without a boulevard sidewalk requirement. The applicant is now proposing a private gated road. Gated roads are unique and should have their own design standard requirements. The applicable road standards do not match the character of the neighborhood this development is being constructed in. The applicant’s proposed 4’ path provides a sufficient pedestrian travel corridor for the lot owners and their customers.

5.10.1.4 No Violation The variance will not in any manner violate the provisions of the Missoula County Zoning Resolution or conflict with the Missoula County Growth Policy.

This variance request will not violate any of the aforementioned documents.

5.10.1.5 Public Cost The variance will not cause an increase in public costs.

There will not be an increase to public costs by granting this variance.

5.10.1.6 Not Created by Applicant The hardship has not been created by the applicant or the applicant’s agent.

The hardship has not been created by the applicant or the applicant’s agent.

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Ponderosa Heights, Phase 4 Variance Request Page 2 of 2

Territorial-Landworks, Inc. P.O. Box 3851 (406) 721-0142 Missoula, MT 59806

Pontiac Commercial Development – Neighborhood Meeting Minutes Thursday – November 19, 2020 4:30 p.m.

Location: Held Via Microsoft Teams Remote Meeting Software

ATTENDEES: • A Sign-in Sheet is attached. Approximately 6 folks attended the virtual meeting. Paul Forsting and Danny Oberweiser (Territorial Landworks, Inc.) attended the meeting. ITEMS:

➢ Topic: Introduction & General Information • Paul Forsting, of Territorial Landworks, Inc. (TLI) introduced himself before giving a brief overview of the proposed project. • A copy of the preliminary lot layout was present at the meeting. • A neighbor asked about the zoning of the property. TLI discussed the existing Light Industrial zoning designation for the property. • A neighbor asks about the type of proposed uses. TLI explained the proposed commercial and light industrial uses that might utilize the subdivision lots. • A neighbor asked about the timing of the project. TLI explained the preliminary status of the project application and that it may be approximately 6 months before the project entries the public hearing phase of the project. • A neighbor asked about sewer. TLI explained that onsite sewer systems are proposed but the site will require “dry lay” sewer for a future connection to the municipal system. ➢ Topic: Next Steps • TLI noted that this project will require both a Planning Board meeting and a County Commissioners Hearing. TLI indicated that the County Planning Office will be sending out notices of these meetings. Attachments: • None

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Ponderosa Heights, Phase 4 Minutes Page 1 of 1