7.a.3.
Planning Board Meeting 2 (4th Tuesday)
- Meeting Date:
- 01/23/2018
Information
INTRODUCTION
On December 1, 2017, the Planning Division received an application for preliminary major plat approval for Whitehorse Estates Subdivision, 1st Filing. The proposed plat creates 12 lots for residential development. The subject property is generally located on the northwest corner of Hesper Road and South 48th Street West. The property is zoned Agriculture Suburban (AS). The Yellowstone County Board of Planning will conduct a public hearing at this meeting, Tuesday, January 23, 2018. The Board of County Commissioners will act on the proposal on February 13, 2018.
RECOMMENDATION
Staff recommends the Planning Board recommend the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Whitehorse Estates Subdivision, 1st Filing, adopt the Findings of Fact as presented in the staff report, and deny the variance request.
PROPOSED CONDITIONS OF APPROVAL
Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact.
1. To minimize the effects on the natural environment, prior to final plat approval the applicant will obtain approval from the MDEQ for the proposed wells, septic systems and storm water management and meet the requirements of Yellowstone County Storm Water Management.
2. To ensure maintenance of the new public road, prior to final plat approval the applicant will create an RSID-M for the maintenance of the road inside the subdivision.
3. To minimize the effects on public health and safety and to ensure proper maintenance, prior to final plat approval the applicant will add language in the SIA under IV. Emergency Service stating the establishment of an RSID-M for the dry hydrant system. The Whitehorse Estates Subdivision shall not received final plat approval until the proposed dry hydrant has been installed on the Hesper Road frontage. The new tank shall be tested and approved by the BUFSA.
4. To clarify the type of emergency service the BUFSA does provide to this county subdivision,prior to final plat approval the applicant will modify the first sentence in the SIA under Emergency Service to read: "The Billings Urban Fire Service Area (BUFSA) currently provides fire protection for the subdivision."
5. To ensure correct procedure for providing a cash in lieu contribution for park land, prior to final plat approval the applicant will follow the YCSR Section 10.6 to meet the requirements to determine the correct amount of the cash contribution to the County for park land. The estimated land amount will be provided by a third party land appraiser and that appraisal will be reviewed and approved by the County Parks Board before a cash in lieu contribution is made to the County Parks Department.
6. To minimize the effects on local services, prior to final plat approval the applicant will coordinate with the USPS for locating and providing the correct amount of space for safely delivering the mail to the residents.
7. To minimize the effects on the local environment, prior to final plat approval the applicant is required to obtain a weed management plan and a property inspection shall be done by the County Weed Department.
8. To ensure the placement of easements for private utility providers, prior to final plat approval the applicant will coordinate with private utility companies to provide needed easements within the proposed subdivision.
9. To ensure proper maintenance and to minimize the effects on existing agricultural water user facilities, prior to final plat approval HOA documents shall be submitted to outline the HOA's responsibility for the construction and maintenance of the open lateral ditch running through the subdivision.
10. 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.
11. 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.
PROPOSED CONDITIONS OF APPROVAL
Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact.
1. To minimize the effects on the natural environment, prior to final plat approval the applicant will obtain approval from the MDEQ for the proposed wells, septic systems and storm water management and meet the requirements of Yellowstone County Storm Water Management.
2. To ensure maintenance of the new public road, prior to final plat approval the applicant will create an RSID-M for the maintenance of the road inside the subdivision.
3. To minimize the effects on public health and safety and to ensure proper maintenance, prior to final plat approval the applicant will add language in the SIA under IV. Emergency Service stating the establishment of an RSID-M for the dry hydrant system. The Whitehorse Estates Subdivision shall not received final plat approval until the proposed dry hydrant has been installed on the Hesper Road frontage. The new tank shall be tested and approved by the BUFSA.
4. To clarify the type of emergency service the BUFSA does provide to this county subdivision,prior to final plat approval the applicant will modify the first sentence in the SIA under Emergency Service to read: "The Billings Urban Fire Service Area (BUFSA) currently provides fire protection for the subdivision."
5. To ensure correct procedure for providing a cash in lieu contribution for park land, prior to final plat approval the applicant will follow the YCSR Section 10.6 to meet the requirements to determine the correct amount of the cash contribution to the County for park land. The estimated land amount will be provided by a third party land appraiser and that appraisal will be reviewed and approved by the County Parks Board before a cash in lieu contribution is made to the County Parks Department.
6. To minimize the effects on local services, prior to final plat approval the applicant will coordinate with the USPS for locating and providing the correct amount of space for safely delivering the mail to the residents.
7. To minimize the effects on the local environment, prior to final plat approval the applicant is required to obtain a weed management plan and a property inspection shall be done by the County Weed Department.
8. To ensure the placement of easements for private utility providers, prior to final plat approval the applicant will coordinate with private utility companies to provide needed easements within the proposed subdivision.
9. To ensure proper maintenance and to minimize the effects on existing agricultural water user facilities, prior to final plat approval HOA documents shall be submitted to outline the HOA's responsibility for the construction and maintenance of the open lateral ditch running through the subdivision.
10. 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.
11. 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.
VARIANCES REQUESTED
The applicant is asking for a variance from the requirements of YCSR Section 4.6.B.1 Relation to Undeveloped Areas. This regulation requires that a developer provide road connections to surrounding undeveloped lots for future connections. Specifically, the applicant has not proposed east/west connections for future connection extending from the proposed dead-end street. Staff is recommending denial of the variance request.
Further explanation and analysis can be found in Attachment A.
Further explanation and analysis can be found in Attachment A.
DISCUSSION/STAKEHOLDERS
Planning staff gave a brief presentation and overview of the proposed subdivision. President Tunnicliff asked if there were any questions from the board for staff. Staff was asked for clarification of the requirements for connecting to undeveloped land on the east and west. Staff reviewed with the Board the section in Yellowstone County Subdivision Regulations that require subdividers to provide future connections to undeveloped land to provide future connectivity.
President Tunnicliff asked if the agent or the applicant wished to speak to the Board. Scott Aspenlieder from Performance Engineering stood to speak on behalf of the applicant. Mr. Aspenlieder stated the applicant would be happy to provide connectivity to the west for pedestrians with a paved path, but did not want to provide vehicular connectivity to the west and especially not to the east. Mr Aspenlieder stated they disagree with staff that there would be a safety issue with no connection to future development and there is not a lot of reason to build more paved roads. Parcel 3 to the east, which is currently a 20-acre Agricultural-Open zoned parcel, belongs to someone that is planning to build a house and have horse pasture. Mr Aspenlieder said he and his client feel a connection to a property intended for agricultural-open uses will provide no benefit to the community at large.
President Tunnicliff commented on the reasoning for an access and the intent of future development. Board member Woods asked about whether an easement could be provided for a connection to the west. Staff explained it could be done with either an easement or dedication for the roadway. It was noted the east parcel differs from the west parcel in zoning, and the western parcel has been rezoned in consideration for future development. Director Friday explained the mechanism for developing the road and it would be most likely that the future road connections would be required to be built with the Whitehorse Estates Subdivision development. Board member Goodridge suggested creation of an easement similar to a frontage road on the two southern lots just north of Hesper Road. Scott Aspenlieder responded that this may be a consideration from a developer’s standpoint but he would advise against it as it would create traffic issues and he believed the County would not allow it.
President Tunnicliff asked if the agent or the applicant wished to speak to the Board. Scott Aspenlieder from Performance Engineering stood to speak on behalf of the applicant. Mr. Aspenlieder stated the applicant would be happy to provide connectivity to the west for pedestrians with a paved path, but did not want to provide vehicular connectivity to the west and especially not to the east. Mr Aspenlieder stated they disagree with staff that there would be a safety issue with no connection to future development and there is not a lot of reason to build more paved roads. Parcel 3 to the east, which is currently a 20-acre Agricultural-Open zoned parcel, belongs to someone that is planning to build a house and have horse pasture. Mr Aspenlieder said he and his client feel a connection to a property intended for agricultural-open uses will provide no benefit to the community at large.
President Tunnicliff commented on the reasoning for an access and the intent of future development. Board member Woods asked about whether an easement could be provided for a connection to the west. Staff explained it could be done with either an easement or dedication for the roadway. It was noted the east parcel differs from the west parcel in zoning, and the western parcel has been rezoned in consideration for future development. Director Friday explained the mechanism for developing the road and it would be most likely that the future road connections would be required to be built with the Whitehorse Estates Subdivision development. Board member Goodridge suggested creation of an easement similar to a frontage road on the two southern lots just north of Hesper Road. Scott Aspenlieder responded that this may be a consideration from a developer’s standpoint but he would advise against it as it would create traffic issues and he believed the County would not allow it.