7.a.6.
Planning Board Meeting 2 (4th Tuesday)
- Meeting Date:
- 11/26/2019
Information
INTRODUCTION
On September 3, 2019, the Planning Division received an application for major plat approval for the proposed Sundance Subdivision. The property is generally located on the northeast corner of the intersection of Central Avenue and 48th Street West. This subdivision would create 127 lots from a 78.809-acre parcel of land. The applicant is proposing to develop a residential subdivision. The land is zoned Residential 15,000 (R-150). One lot, Lot 1 of Block 4, the lot on the east side of Sundance Ridge Road off Central Avenue, is zoned Neighborhood Commercial (NC). The land is currently farmland.
At the October 8, 2019 Planning Board meeting, the applicant requested a 30-day delay to investigate street design and traffic calming. Due to the delay request the plat review occurred at the Planning Board meeting on November 13th. The public hearing for the preliminary plat review is scheduled for this meeting.
At the October 8, 2019 Planning Board meeting, the applicant requested a 30-day delay to investigate street design and traffic calming. Due to the delay request the plat review occurred at the Planning Board meeting on November 13th. The public hearing for the preliminary plat review is scheduled for this meeting.
RECOMMENDATION
Staff recommends that the Yellowstone County Board of Planning recommend the Board of County Commissioners conditionally approve the preliminary plat of Sundance Subdivision and adopt the Findings of Fact as presented in the staff report.
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 protect public health and safety, prior to final plat approval, the applicant will receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.
2. To ensure public health and safety, prior to final plat approval, the applicant will provide Home Owner Association documents that specifically outline what systems in the subdivision the owners are responsible for and how those fees will be collected.
3. To protect public health and safety and to reduce traffic conflicts, prior to final plat approval, the applicant will show a one foot no access strip on the lots along the western edge of the right of way of Light Stream Lane, with one exception. Lot 14, Block 7 shall remain as depicted on the submitted preliminary plat.
4. To protect public health and safety and keep public roads without obstructions, prior to final plat approval, the applicant will obtain written permission from County Public Works for any type of obstruction in the public right of way. This requirement will be included in the SIA under the heading III Transportation, A. Streets.
5. To protect public health and safety and provide for future road maintenance, prior to final plat approval, the applicant will create an RSID for the new public roads within the subdivision with the ability to expand with each new phase.
6. To protect public health and safety and to comply with Yellowstone County Road regulations, prior to final plat approval, the applicant will provide copies of access permits for any access off 48th Street West or Central Avenue or any driveway accesses within the new subdivision.
7. To protect public health and safety and to provide accurate traffic information, prior to final plat approval, the applicant will submit an updated Traffic Impact Study for this subdivision to County Public Works for review and acceptance.
8. To protect public health and safety and provide continuous sidewalks throughout the proposed subdivision, prior to final plat approval, the applicant will add a sentence in section III Transportation A. Streets. It will clarify that the construction of the uncompleted sidewalks shall begin a minimum of one month prior to the two-year mark of the opening of each phase or the applicant will provide a bond that is in force for 2.5 years from the opening of each phase.
9. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings for the dry hydrant system to BUFSA for review and approval. Once installed the applicant will request BUFSA test the system to ensure it works correctly and get a final approval from BUFSA. The applicant will also create an RSID for the dry hydrant system that is expandable with each new phase.
10. To ensure correct cash in lieu contribution for parkland, prior to final plat approval, the applicant will submit an estimate of land value following Section 10.6 in Yellowstone County Subdivision Regulations (YCSR) to County Parks Board for review and approval.
11. 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.
12. To ensure proper documentation for the proposed phasing of the subdivision, prior to final plat approval, the applicant will include the Exhibit and Declaration of Restriction on Transfer documents for future phases.
13. To minimize effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be completed by the County Weed Department.
14. 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.
15. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, including laws regarding moving houses onto or off the property, and the laws and Administrative Rules of the State of Montana.
PLAT REVIEW DISCUSSION / STAKE HOLDERS
Planning staff gave a brief presentation about the proposed subdivision and stood for questions. President Tunnicliff called for questions and discussion from the members of the Board. Board member Thompson asked about the sidewalk construction. Dave Green said the sidewalks are to be constructed for each phase within two years of initiation of each phase. A bond will be provided to the County to ensure the sidewalks are completed. Board member Thompson asked regarding the minimum lot requirement for septic systems. Dave Green explained this is determined by DEQ’s review of a report submitted by the applicant’s agent. The separation distance is possible due to the community water system. Board member Thompson pointed out the Findings of Fact state the City Public Works Department will be extending water and sewer services to the property. He noted that the developer does not intend to annex. Board member Thompson asked about the parkland and the intent for Lot 16. Dave Green said Yellowstone County would administer the Park Maintenance District, (PMD). The original homestead is located on Lot 16 and it will remain in place until a future date. Board member Thompson commented that the parkland is tucked back in the corner of the plat and he would like to have it more centrally located for easier access. President Tunnicliff asked what the cost would be to homeowners should they wish to discontinue using the septic tanks and move forward with City sewer. Dave Green said the only trigger for this consideration is if there is a massive failure of the system. Wyeth Friday explained that the majority of homeowners would have to request through the annexation petition process. He said the City can annex residential properties but has not exercised this option. Board member Thompson voiced concern for this subdivision to contribute to the potential issues identified in the west end water studies. Board member Hillius ask if the wells will be shallow wells similar to others in the west end of Billings.
Board President Darell Tunnicliff asked if the applicant or agent would like to address the board. Mr. Wells the owner/developer of this property gave some background on his efforts for development. Regarding annexation, Mr. Wells said he purchased the property about three years ago and was told by the City at the time that this parcel is located outside of the Linits of Annexatoin Area for immediate annexation. in Addition, several neighborhood concerns were brought up with the first concept plan during a County Zoning Commission public hearing for a zone change. A redesign of the plat was done to meet the concerns.
Mr. Wells also explained the proposed community water system model. He said two test wells have been drilled showing they have access to a strong aquifer. He stated there should be no issues with the surrounding properties and pointed out other area subdivisions with similar community water systems. He said lines would be brought out to each end of the subdivision for future connections. Wyeth Friday asked Mr. Wells how long it has been since he has spoken with the City Public Works Department about connecting to City services. Mr. Wells they met this spring and discussed the City’s plan to extend service in the next year. He stated at the time he was already three years into the project and he felt he needed to more forward without waiting for the City services. He said the piping in the subdivision would have all of the components needed for a future connection to City services. However, he said the water system had not been reviewed by the City to meet City standards in consideration of future connection.
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 protect public health and safety, prior to final plat approval, the applicant will receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.
2. To ensure public health and safety, prior to final plat approval, the applicant will provide Home Owner Association documents that specifically outline what systems in the subdivision the owners are responsible for and how those fees will be collected.
3. To protect public health and safety and to reduce traffic conflicts, prior to final plat approval, the applicant will show a one foot no access strip on the lots along the western edge of the right of way of Light Stream Lane, with one exception. Lot 14, Block 7 shall remain as depicted on the submitted preliminary plat.
4. To protect public health and safety and keep public roads without obstructions, prior to final plat approval, the applicant will obtain written permission from County Public Works for any type of obstruction in the public right of way. This requirement will be included in the SIA under the heading III Transportation, A. Streets.
5. To protect public health and safety and provide for future road maintenance, prior to final plat approval, the applicant will create an RSID for the new public roads within the subdivision with the ability to expand with each new phase.
6. To protect public health and safety and to comply with Yellowstone County Road regulations, prior to final plat approval, the applicant will provide copies of access permits for any access off 48th Street West or Central Avenue or any driveway accesses within the new subdivision.
7. To protect public health and safety and to provide accurate traffic information, prior to final plat approval, the applicant will submit an updated Traffic Impact Study for this subdivision to County Public Works for review and acceptance.
8. To protect public health and safety and provide continuous sidewalks throughout the proposed subdivision, prior to final plat approval, the applicant will add a sentence in section III Transportation A. Streets. It will clarify that the construction of the uncompleted sidewalks shall begin a minimum of one month prior to the two-year mark of the opening of each phase or the applicant will provide a bond that is in force for 2.5 years from the opening of each phase.
9. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings for the dry hydrant system to BUFSA for review and approval. Once installed the applicant will request BUFSA test the system to ensure it works correctly and get a final approval from BUFSA. The applicant will also create an RSID for the dry hydrant system that is expandable with each new phase.
10. To ensure correct cash in lieu contribution for parkland, prior to final plat approval, the applicant will submit an estimate of land value following Section 10.6 in Yellowstone County Subdivision Regulations (YCSR) to County Parks Board for review and approval.
11. 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.
12. To ensure proper documentation for the proposed phasing of the subdivision, prior to final plat approval, the applicant will include the Exhibit and Declaration of Restriction on Transfer documents for future phases.
13. To minimize effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be completed by the County Weed Department.
14. 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.
15. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, including laws regarding moving houses onto or off the property, and the laws and Administrative Rules of the State of Montana.
PLAT REVIEW DISCUSSION / STAKE HOLDERS
Planning staff gave a brief presentation about the proposed subdivision and stood for questions. President Tunnicliff called for questions and discussion from the members of the Board. Board member Thompson asked about the sidewalk construction. Dave Green said the sidewalks are to be constructed for each phase within two years of initiation of each phase. A bond will be provided to the County to ensure the sidewalks are completed. Board member Thompson asked regarding the minimum lot requirement for septic systems. Dave Green explained this is determined by DEQ’s review of a report submitted by the applicant’s agent. The separation distance is possible due to the community water system. Board member Thompson pointed out the Findings of Fact state the City Public Works Department will be extending water and sewer services to the property. He noted that the developer does not intend to annex. Board member Thompson asked about the parkland and the intent for Lot 16. Dave Green said Yellowstone County would administer the Park Maintenance District, (PMD). The original homestead is located on Lot 16 and it will remain in place until a future date. Board member Thompson commented that the parkland is tucked back in the corner of the plat and he would like to have it more centrally located for easier access. President Tunnicliff asked what the cost would be to homeowners should they wish to discontinue using the septic tanks and move forward with City sewer. Dave Green said the only trigger for this consideration is if there is a massive failure of the system. Wyeth Friday explained that the majority of homeowners would have to request through the annexation petition process. He said the City can annex residential properties but has not exercised this option. Board member Thompson voiced concern for this subdivision to contribute to the potential issues identified in the west end water studies. Board member Hillius ask if the wells will be shallow wells similar to others in the west end of Billings.
Board President Darell Tunnicliff asked if the applicant or agent would like to address the board. Mr. Wells the owner/developer of this property gave some background on his efforts for development. Regarding annexation, Mr. Wells said he purchased the property about three years ago and was told by the City at the time that this parcel is located outside of the Linits of Annexatoin Area for immediate annexation. in Addition, several neighborhood concerns were brought up with the first concept plan during a County Zoning Commission public hearing for a zone change. A redesign of the plat was done to meet the concerns.
Mr. Wells also explained the proposed community water system model. He said two test wells have been drilled showing they have access to a strong aquifer. He stated there should be no issues with the surrounding properties and pointed out other area subdivisions with similar community water systems. He said lines would be brought out to each end of the subdivision for future connections. Wyeth Friday asked Mr. Wells how long it has been since he has spoken with the City Public Works Department about connecting to City services. Mr. Wells they met this spring and discussed the City’s plan to extend service in the next year. He stated at the time he was already three years into the project and he felt he needed to more forward without waiting for the City services. He said the piping in the subdivision would have all of the components needed for a future connection to City services. However, he said the water system had not been reviewed by the City to meet City standards in consideration of future connection.
VARIANCES REQUESTED
No variances are requested for this subdivision.
PROCEDURAL HISTORY
- Pre-application meeting February 14, 2019
- Preliminary plat application submitted to Planning Division September 3, 2019
- Departmental review meeting September 19, 2019
- Preliminary plat resubmitted September 26, 2019
- Planning Board plat review October 8, 2019
- Applicant requested a 30 day delay, that request was granted.
- Planning Board Plat review November 13, 2019
- Planning Board public hearing November 26, 2019
- Preliminary plat to Yellowstone County Board of County Commissioners December 17, 2019
- 60 working-day preliminary plat review period ends November 27, 2019, 30-day extension requests puts review period ending at December 27, 2019.
PLAT INFORMATION
General location: Northeast corner of the intersection of Central Avenue and 48th Street West
Legal Description: S03, T01 S, R25 E, S2SWSW (LESS C/S 2221): S03, T01 S, R25 E, N2SWSW: S03, T01 S, R25 E, S2NWSW (LESS COS 3053): S03, T01 S, R25 E, N2NWSW
Owner/Subdivider: Regal Land Development
Engineer/Surveyor: Performance Engineering
Existing Zoning: Residential 15,000 (R150) and Neighborhood Commercial (NC)
Existing land use: Farmland
Proposed land use: Residential
Gross and Net area: 78.809 acres / 55.622 acres
Proposed number of lots: 127
Max. lot size: 3.81 acres
Min. lot size: 0.34 acres
Parkland requirements: The required parkland dedication is 5.076 acres; the applicant is proposing to dedicate 3.258 acres of parkland and provide the remaining amount as a cash in lieu contribution.
Legal Description: S03, T01 S, R25 E, S2SWSW (LESS C/S 2221): S03, T01 S, R25 E, N2SWSW: S03, T01 S, R25 E, S2NWSW (LESS COS 3053): S03, T01 S, R25 E, N2NWSW
Owner/Subdivider: Regal Land Development
Engineer/Surveyor: Performance Engineering
Existing Zoning: Residential 15,000 (R150) and Neighborhood Commercial (NC)
Existing land use: Farmland
Proposed land use: Residential
Gross and Net area: 78.809 acres / 55.622 acres
Proposed number of lots: 127
Max. lot size: 3.81 acres
Min. lot size: 0.34 acres
Parkland requirements: The required parkland dedication is 5.076 acres; the applicant is proposing to dedicate 3.258 acres of parkland and provide the remaining amount as a cash in lieu contribution.