On November 30, 2015, the Planning Division received an application for preliminary plat approval for the proposed Glynn Abbey Subdivision, a major residential subdivision. The property is located on the north side of Rimrock Road between the intersection of 54th Street West and Rimrock Road and the intersection of Mickey Wright Lane and Rimrock Road. The subdivision is proposed to include 33 lots for single family residential development and one lot for open space/parkland and stormwater management area. The Planning Board conducted a public hearing at its meeting on January 26 and is recommending conditional approval of the preliminary plat, adoption of the Findings of Fact, and approval of one of two requested variances from the City Subdivision Regulations. The owner is Glynn Abbey, LLC, and the representing agent is Performance Engineering and Consulting.

In accordance with state law, the City Council has 60 working days to act upon this preliminary major plat.  The 60 working day review period for the proposed plat ends on February 26, 2016.  State and City subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report.  The City may not unreasonably restrict an owner’s ability to develop land if the subdivider provides evidence that any identified adverse effects can be mitigated.  Within the 60-day review period, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

If the City Council approves the preliminary plat, the subject property may develop under private ownership, resulting in additional tax revenues. While the new development would require City services, some of the proposed features of the subdivision, like private roads and privately maintained park land, may require fewer City services than comparable residential subdivisions.

General location:              Northside of Rimrock Road at the intersection of 58th Street West and Rimrock Road 

Legal Description:             Tracts 3 and 4, C/S 836 in the SW1/4SE1/4 Section 30, T1N, R25E
 
Owner/Subdivider:            Glynn Abbey, LLC
 
Surveyor/Engineer:           Performance Engineering and Consulting
 
Existing Zoning:                Residential-9600
 
Proposed Zoning:             Residential-9600
 
Existing land use:             Vacant
 
Proposed land use:          Single-Family Residential Development
 
Gross area:                       22 acres
Net area:                           22 acres (private roads are proposed)
 
Proposed number of lots:      33 residential lots and 1 open space/park land lot

Parkland requirements:    Parkland required for this subdivision is about 1.5 acres. The parkland proposed is about 3.7 acres, with the area functioning as park land/open space and stormwater and flood management.
 

A public hearing was held at the January 26, 2016 Planning Board meeting. Along with the applicant and the agent, five property owners in the area of the subdivision spoke at the public hearing. The main concerns voiced by those testifying were depth and effect on groundwater by the development, surface water drainage effects from the development, and effects by the new development on how floodwater currently flows across the subject and neighboring properties in the area. Planning Board Members also asked for and received clarification on the private maintenance of the park land proposed, the engineering of the proposal to bury an existing irrigation lateral across the subject property, and the request for the sidewalk variance and how some lots might access the internal trail system in the park land that was proposed. City Engineering staff also attended the hearing and provided comment on questions related to the stormwater system proposed for the subdivision, the required cash contribution to the future improvement of Rimrock Road that the subdivision must provide, and the general requirements of the City or managing installation of water and sewer lines in high groundwater areas.

The five property owners that live in the area of the subject property expressed serious concern to the Board regarding how storm events affect surface water drainage on and around the subject property. One neighbor stated that water flows across Arnold Palmer Drive and over into the existing irrigation lateral on the subject property before flowing south toward Rimrock Road. He said that if the irrigation lateral is piped as proposed, this surface water will either flow onto the new subdivision or back up and flow onto the neighboring properties. Another neighbor stated that the groundwater in the area is between 3 feet and 7 feet below the surface and he questioned how the proposed ponds and ditch along Rimrock Road could help manage stormwater and flood water if they will already have groundwater in them for most of the year. A third neighbor said he was concerned that when the water and sewer lines are being installed for this subdivision, de-watering will be needed in the trenches and settling of homes in the area may occur. He said he already experienced this in the past when the City ran water and sewer lines to Ironwood. One neighbor also expressed concern about the 55 mph speed limit currently on Rimrock Road in the area and how ingress and egress to this new subdivision might impact traffic flow in the area.

At the direction of the Planning Board, the applicant's agent provided information in response to the concerns. He stated the applicant is going through the FEMA process to obtain a letter of map revision and is being required to ensure there is no impact to neighboring properties regarding the floodplain. He explained that they are working to lower the existing ground level for the pond storage areas to enable them to store some storm water on the property, and the plan is either to pump storm water to Cove Creek or utilize injection wells in order to meet City requirements to evacuate storm water after 72 hours and allow for adequate storage. He agreed the ponds will contain some water year round.  He pointed out that the open lateral irrigation ditch directs excess water into the ditch along Rimrock Road and may be contributing to standing water now, but would not if it were piped in this area. He also explained that groundwater monitoring has been ongoing on the property for more than one year to help with proper design and planning for the project. The applicants agent explained that there will be low traffic volumes from the proposed subdivision and there will be room for traffic to turn into the development without creating any serious traffic problems on Rimrock Road.

City Engineering staff provided additional information following the applicant. He said the applicant will have to construct the water and sewer lines in the winter when the water is lower. He explained the new requirements to monitor buildings a certain distance away from the de-watering. He stated that the applicant has provided calculations showing the project is able to retain the water on site as required for storm water management.

The Planning Board after some discussion, made a motion to conditionally approve the subdivision, add a condition to address pedestrian access to the trail system for three lots, and recommend support of one of the two variances requested by the applicant. This information is detailed in the  Recommendation section of this memo.




 

Consistency with the 2008 City of Billings and Yellowstone County Growth Policy, the 2014 Billings Urban Area Long Range Transportation Plan, West Billings Plan, and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.