7.b.1.
Planning Board Meeting 2 (4th Tuesday)
- Meeting Date:
- 03/22/2016
Information
INTRODUCTION
On February 1, 2016, Tom Kelly of North Star Land Services on behalf of property owner Lee Myers applied for preliminary major plat approval for Cowboy Country Acres Subdivision, 2nd Filing, Amended Lot 15A. The proposed plat creates 16 lots from a 28-acre parcel of land. The subject property is generally located near the southeast intersection of Neibauer Rd. and South 72nd St. West. The property is outside the zoning jurisdiction and commercial and light industrial uses are proposed. The Yellowstone County Board of Planning reviewed the plat at its March 8, 2016 meeting and will conduct a public hearing on Tuesday, March 22, 2016. The Board of County Commissioners will act on the proposal on April 19, 2016.
RECOMMENDATION
Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Cowboy Country Acres Subdivision, 2nd Filing, Amended Lot 15A, and adopt the Findings of Fact as presented in the staff report. Staff is not recommending approval of the two variance requests as outlined in the Variances section of this memo and in Attachment A.
VARIANCES REQUESTED
The applicant has requested two variances from the County Subdivision Regulations:
The applicant has requested a variance from Section 4.6 (C) (B) (13) of the Yellowstone County Subdivision Regulations, which outlines the requirement for a dedicated right-of-way be paved when it abuts a paved road.
The applicant has requested a second variance from Section 4.6 (A) (3) of the Yellowstone County Subdivision Regulations, which outlines the requirement that there shall be right-of-way and road connections made when existing roads or platted roads outside of the subdivision connect to the subject parcel.
Staff is recommending denial of the variance requests. For further explanation and analysis, and to read the applicant's variance request justifications, please see Attachment A.
The applicant has requested a variance from Section 4.6 (C) (B) (13) of the Yellowstone County Subdivision Regulations, which outlines the requirement for a dedicated right-of-way be paved when it abuts a paved road.
The applicant has requested a second variance from Section 4.6 (A) (3) of the Yellowstone County Subdivision Regulations, which outlines the requirement that there shall be right-of-way and road connections made when existing roads or platted roads outside of the subdivision connect to the subject parcel.
Staff is recommending denial of the variance requests. For further explanation and analysis, and to read the applicant's variance request justifications, please see Attachment A.
DISCUSSION/STAKEHOLDERS
A brief presentation was given by staff and the floor was opened to the Board for questions. There were questions from the Board regarding the requested variances to not connect 70th Street West and to not pave 68th Street West south of the intersection of Cowgirl Way.
Board Member Donna Forbes asked if 70th Street West would eventually be going through north south from the subject property to the subdivision to the south. Planning staff explained that the owner’s variance request was to not have 70th Street West go through and connect to the existing road in Linlee Lake Estates Subdivision south of the subject property. Board Member Patrick Klugman asked for clarification as to which variance Donna was referring to. Planning staff clarified that Variance #2 is the one addressing the connection of 70th Street West, while Variance #1 is regarding the paving of 68th Street West south of Cowgirl Way.
Board President Darell Tunnicliff asked how connecting the new commercial subdivision to the existing residential subdivision on the south might impact the traffic through the current residential subdivision. He asked if trucks would be driving through the residential streets? Planning staff explained that while no traffic study had been completed, it appeared more likely that there would be residential traffic heading north from the residential subdivision to Neibauer and less likely that very much commercial traffic would travel south on 70th Street West and through the residential subdivision out to 72nd Street West. Darell also asked if there would be a negative impact on the residential area with the connection completed. Planning staff stated there would likely be minimal negative impact to the residential area.
Board Member Forbes asked if 68th Street West was also going to extend to the south past the subject property? Planning staff explained that it is not intended to go through at this time, but that when Linlee Lake Estates Subdivision was platted it was expected that further development might occur to the east of the subdivision and connections would be reviewed at that time.
President Tunnicliff asked if the applicant or agent would like to address the board. Mr. Tom Kelly, agent for the applicant, stated the DEQ application was currently in Helena for review and that it was planned that 68th Street West would be paved from Neibauer Road to Cowgirl Way as the developer intended to have a loop road from 68th Street West to 70th Street west in the subdivision. Regarding the variance requests for connecting 70th Street West, Mr. Kelly stated it would be dangerous to the residential neighbors to the south to have 70th Street West connected because it would open a road into a commercial development. The commercial development and traffic would not be a safe environment for kids or pedestrians.
Kelly explained that the access road on 68th Street West will be used by the owner, Mr. Meyers, to access property owned in that area. The variance is requested because 68th Street West is not going anywhere at this point in time, Kelly stated. He said his argument is that the County could require the paving of 68th Street West if, in the future, the area were to go through the subdivision process. Kelly said that if the variance were granted the section of road in question would be brought up to road specifications, graveled etc. but not paved at this time.
Board Member Lisa Sukit asked who owns the property in the area Southeast of 68th Street West and the proposed subdivision and how this area is accessed. Kelly explained that the area may be accessed by 68th or 64th Street West. He said Mr. Meyers has a sand and gravel company on this property now.
Board Member Klugman asked if Mr. Meyers’ property could be developed into a residential area in the future. Mr. Kelly explained that currently there is no zoning in this area. He also showed access scenarios if it should become a residential area in the future that he believed would go to the east and not up 68th Street West. Board Member Klugman read to Kelly the County statement regarding the need to pave the road at this time. Kelly asked if that meant the paving could not be forced in the future. Board Member Klugman confirmed that this appeared to be correct. Mr. Kelly voiced that his problem is you would be paving a street that goes nowhere.
Board President Tunnicliff stated that it was seemingly the decision of the developer to place residential next to commercial even though Mr. Kelly’s statement was in opposition to it. President Tunnicliff added that in asking for the variance for the road connection to the subdivision to the south they have put the burden on the County Commission to mitigate a problem caused by them.
Property owner Lee Myers stated that he had talked to property owners in Linlee Lake Estates Subdivision and the neighbors did not want 70th Street West to connect and be paved. He said they are concerned about commercial trucks using the road.
Board Member Klugman asked staff if all surrounding property owners have been notified for the public hearing on this application on March 22. Staff confirmed that all adjacent property owners are notified of the public hearing.
Board President Tunnicliff questioned what the intention was regarding the subdivision to the south and whether when the stub of 70th Street West was cut in and platted if it was anticipated that the property to the north would be residential? Staff stated that while it was not known at that time if the adjacent property would be commercial or residential since there is zoning in the area, the need for connectivity between the large parcels and developments in the area was the main reason the connection was platted. Board President Tunnicliff asked whether that need for the connection outweighed the public safety issues of commercial traffic in a residential area. Staff said that without a traffic study there is no way to know exactly how much commercial traffic would use the road connection in the residential area. Staff also noted that there are no pedestrian facilities in either the existing or proposed subdivision.
Board President Tunnicliff stated that there is no action required at this meeting and a public hearing for Cowboy Country Acres Subdivision 2nd Filing, Amended Lot 15A would be held at the Planning Board meeting on March 22.
Board Member Donna Forbes asked if 70th Street West would eventually be going through north south from the subject property to the subdivision to the south. Planning staff explained that the owner’s variance request was to not have 70th Street West go through and connect to the existing road in Linlee Lake Estates Subdivision south of the subject property. Board Member Patrick Klugman asked for clarification as to which variance Donna was referring to. Planning staff clarified that Variance #2 is the one addressing the connection of 70th Street West, while Variance #1 is regarding the paving of 68th Street West south of Cowgirl Way.
Board President Darell Tunnicliff asked how connecting the new commercial subdivision to the existing residential subdivision on the south might impact the traffic through the current residential subdivision. He asked if trucks would be driving through the residential streets? Planning staff explained that while no traffic study had been completed, it appeared more likely that there would be residential traffic heading north from the residential subdivision to Neibauer and less likely that very much commercial traffic would travel south on 70th Street West and through the residential subdivision out to 72nd Street West. Darell also asked if there would be a negative impact on the residential area with the connection completed. Planning staff stated there would likely be minimal negative impact to the residential area.
Board Member Forbes asked if 68th Street West was also going to extend to the south past the subject property? Planning staff explained that it is not intended to go through at this time, but that when Linlee Lake Estates Subdivision was platted it was expected that further development might occur to the east of the subdivision and connections would be reviewed at that time.
President Tunnicliff asked if the applicant or agent would like to address the board. Mr. Tom Kelly, agent for the applicant, stated the DEQ application was currently in Helena for review and that it was planned that 68th Street West would be paved from Neibauer Road to Cowgirl Way as the developer intended to have a loop road from 68th Street West to 70th Street west in the subdivision. Regarding the variance requests for connecting 70th Street West, Mr. Kelly stated it would be dangerous to the residential neighbors to the south to have 70th Street West connected because it would open a road into a commercial development. The commercial development and traffic would not be a safe environment for kids or pedestrians.
Kelly explained that the access road on 68th Street West will be used by the owner, Mr. Meyers, to access property owned in that area. The variance is requested because 68th Street West is not going anywhere at this point in time, Kelly stated. He said his argument is that the County could require the paving of 68th Street West if, in the future, the area were to go through the subdivision process. Kelly said that if the variance were granted the section of road in question would be brought up to road specifications, graveled etc. but not paved at this time.
Board Member Lisa Sukit asked who owns the property in the area Southeast of 68th Street West and the proposed subdivision and how this area is accessed. Kelly explained that the area may be accessed by 68th or 64th Street West. He said Mr. Meyers has a sand and gravel company on this property now.
Board Member Klugman asked if Mr. Meyers’ property could be developed into a residential area in the future. Mr. Kelly explained that currently there is no zoning in this area. He also showed access scenarios if it should become a residential area in the future that he believed would go to the east and not up 68th Street West. Board Member Klugman read to Kelly the County statement regarding the need to pave the road at this time. Kelly asked if that meant the paving could not be forced in the future. Board Member Klugman confirmed that this appeared to be correct. Mr. Kelly voiced that his problem is you would be paving a street that goes nowhere.
Board President Tunnicliff stated that it was seemingly the decision of the developer to place residential next to commercial even though Mr. Kelly’s statement was in opposition to it. President Tunnicliff added that in asking for the variance for the road connection to the subdivision to the south they have put the burden on the County Commission to mitigate a problem caused by them.
Property owner Lee Myers stated that he had talked to property owners in Linlee Lake Estates Subdivision and the neighbors did not want 70th Street West to connect and be paved. He said they are concerned about commercial trucks using the road.
Board Member Klugman asked staff if all surrounding property owners have been notified for the public hearing on this application on March 22. Staff confirmed that all adjacent property owners are notified of the public hearing.
Board President Tunnicliff questioned what the intention was regarding the subdivision to the south and whether when the stub of 70th Street West was cut in and platted if it was anticipated that the property to the north would be residential? Staff stated that while it was not known at that time if the adjacent property would be commercial or residential since there is zoning in the area, the need for connectivity between the large parcels and developments in the area was the main reason the connection was platted. Board President Tunnicliff asked whether that need for the connection outweighed the public safety issues of commercial traffic in a residential area. Staff said that without a traffic study there is no way to know exactly how much commercial traffic would use the road connection in the residential area. Staff also noted that there are no pedestrian facilities in either the existing or proposed subdivision.
Board President Tunnicliff stated that there is no action required at this meeting and a public hearing for Cowboy Country Acres Subdivision 2nd Filing, Amended Lot 15A would be held at the Planning Board meeting on March 22.