On July 1, 2016, In Site Engineering for Regal Land Development, Inc., applied for preliminary major plat approval for Skycrest Subdivision.  The proposed plat creates 94 lots for single-family residences on a 64.31-acre parcel of land. The subject property is generally located between South 64^th Street West and South 72^nd Street West, north of O’Donnell Lane and south of King Avenue West.  The property is outside of zoning. The Yellowstone County Board of Planning will review the plat at this meeting and conduct a public hearing on Tuesday, August 23, 2016.  The proposal will go to the Board of County Commissioners for action on September 13, 2016.
 

Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Skycrest Subdivision and adopt the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL
Planning staff recommends the following conditions of approval:

1. To provide for the maintenance of the community water system and minimize effects on local services, prior to final plat approval the applicant will create a Home Owner Association (HOA) with the requirement in the HOA documents that the residents will contribute to and maintain the community water system for the subdivision. 
2. To ensure there is notice to future home owners of their responsibility to maintain the community water system, prior to final plat approval the applicant will add a paragraph in the SIA under Conditions That Run With The Land informing property owners of their obligation to pay into a maintenance fund for the maintenance of the community water system for the subdivision. 
3. To mitigate impacts on local services, prior to final plat approval the subdivider shall create a Rural Special Improvement District – Maintenance (RSID-M) for future maintenance of the new internal roads and the dry hydrant system. 
4. To improve traffic safety and reduce traffic conflicts, prior to final plat approval the applicant will place a ‘1 foot no access easement’ on the south side of Skycrest Drive from the northwest corner of Lot 4, Block 4 to South 64^th Street West, excluding the dedicated rights-of-way for the six cul-de-sacs off of Skycrest Drive on the south. Also, an opening will be left on the park frontage for access to the park. 
5. To improve traffic safety and reduce traffic conflicts, prior to final plat approval the applicant will place a ‘1 foot no access easement’ along the north side of Skycrest Drive from the southeast corner of Lot 34, Block 3 to the southwest corner of Lot 46, Block 3, excluding the dedicated rights-of-way for the four cul-de-sacs off of Skycrest Drive on the north. 
6. To minimize the effects on local services, prior to final plat approval a 60-foot wide dedicated road right-of-way shall be shown on the face of the final plat for this subdivision for O’Donnell Lane where it fronts South 72^nd Street West. The 60-foot right-of-way shall be  either entirely on the subject property or 30 feet may be on the subject property and the other half may use the 30-foot Road Tract 4-B, with the right-of-way centered on the north edge of Road Tract 4-B, if the applicant can show proof of right to use the 30-foot Road Tract 4-B. If the applicant is not able to show proof of right to use Road Tract 4-B, the applicant may petition the portion of Road Tract 4-B needed for access to the proposed subdivision into the County and build it to County paved road standards.  Amendments shall be made to the final Subdivision Improvements Agreement to reflect whichever scenario is secured for the dedicated public roadway. 
7. To minimize the effects on local services, prior to final plat approval a 60-foot wide dedicated road right-of-way shall be shown on the face of the final plat for this subdivision for South 71^st Street West where it fronts O’Donnell Lane and proceeds north to Skycrest Drive. The applicant will need to either gain the right to use the 30-foot road easement on the adjacent property it does not own to the east and provide the additional 30 feet on its property for a total 60-foot road right of way, or the applicant will need to provide the entire 60 foot right of way on its property. Amendments shall be made to the final Subdivision Improvements Agreement to reflect whichever scenario is secured for the dedicated public road right-of-way. 
8. To provide for proper fire suppression within this subdivision, prior to final plat approval the applicant will add language in the SIA under Emergency Service defining the phasing of the subdivision and that the 30,000-gallon dry hydrant fire suppression system will not be built in Phase I, but will be required before release of the next phase.  The system will be inspected and signed off by BUFSA before any subsequent phases after Phase I can begin development. 
9. To ensure public park land is being used in accordance with County Park Board requirements, prior to final plat approval and before any construction of the dry hydrant system, the applicant will receive permission from the County Park Board to install the 30,000-gallon dry hydrant system in the O’Donnell Park. 
10. To mitigate impacts to the parks used in the subdivision and to ensure park land is able to be maintained, prior to final plat approval the applicant will create a Parks Maintenance District to provide for the maintenance of new parks in the subdivision. 
11. To minimize the effects on local services, prior to final plat approval the subdivider shall provide written verification that the US Postal Service has approved the mail facilities and locations for this subdivision. 
12. To ensure proper documentation for the proposed phasing of Skycrest Subdivision, prior to final plat approval the applicant will include a Declaration of Restriction of Transfers, a Release, and a Certificate for each proposed phase of Skycrest Subdivision. 
13. To minimize the effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be approved by the County Weed Department. 
14. To ensure proper easement placement for a proposed future trail along the Big Ditch, prior to final plat approval the applicant will move the easement depicted as being a 20-foot trail easement measured from the center of the Big Ditch to be measured 20 feet from the edge of the east bank of the Big Ditch. 
15. To provide for the installation of the needed private utilities within the subdivision, prior to final plat approval the applicant will coordinate with private utility companies and provide easements on the plat, if needed, and easement documents for those easements. 
16. Minor changes may be made in the SIA and final documents, as requested by the Planning and/or Public Works Departments to clarify the documents and bring them into the standard acceptable format. 
17. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana.

 

No variances have been requested from the Yellowstone County Subdivision Regulations for this proposal.
 

• A pre-application meeting was held on May 12, 2016 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on July 1, 2016.
• A departmental review meeting was conducted on July 14, 2016.
• The preliminary plat was resubmitted with revisions based on department reviews on July 21, 2016.
• The Planning Board will review the plat on August 9, 2016.
• The Planning Board will conduct a public hearing on August 23, 2016, and forward a recommendation to the Board of County Commissioners.
• The Board of County Commission will consider the preliminary plat on September 13, 2016.
• The 60 working-day preliminary plat review period ends September 28, 2016.

General location:                                            South 64^th Street West and South 72^nd Street West, north of O’Donnell Lane
                                                                        and south of King Avenue West
 
Legal Description:                                          Portions of Tracts 1, 3-C, and 5 of Certificate of Survey 1233.
 
Subdivider:                                                     Regal Land Development, Inc.
 
Owner:                                                            BTC Oil Properties, LLC
 
Engineer and Surveyor:                                  In Site Engineering
 
Existing Zoning:                                             Outside Zoning
 
Existing land use:                                            Vacant / Farmland
 
Proposed land use:                                          single-family residences
 
Gross area:                                                      64.31 acres
 
Net area:                                                          approximately 47.74 acres
 
Proposed number of lots:                                94
 
Lot size:                                                           Max: 30,800 sf;  Min: 20,000 sf
                                                                         
Parkland requirements:                                   Parkland dedication requirement: 3.58 acres