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| Planning Board | |
| Date: | 05/25/2021 |
| Title: | Stone Creek Subdivision - Preliminary Major Plat - Public Hearing |
| Presented by: | Monica Plecker |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Staff recommends that the Yellowstone County Planning Board recommend to the Board of County Commissioners to conditionally approve the preliminary plat of Stone Creek Subdivision and adopt the Findings of Fact as presented in the staff report.
VARIANCES REQUESTED
No variances are requested for this subdivision.
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.
VARIANCES REQUESTED
No variances are requested for this subdivision.
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.
- To protect existing uses around the proposed subdivision, prior to final plat approval, the applicant will add a paragraph to the SIA under the heading II Conditions That Run With The Land to inform lot purchasers of existing active farming surrounding the subdivision and to expect farming noises, dust and all other things associated with farming to occur around them.
- 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.
- To protect public health and safety and ensure the subdivision water system works properly, prior to final plat approval, the applicant will provide documentation outlining how the system will be maintained and who will be responsible for ensuring it is maintained.
- 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, sign or other item, in the public right of way. This requirement will be included in the SIA under the heading III Transportation A. Streets.
- To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings of the dry hydrant system to Billings Fire Department for review and approval. Once installed, the applicant will request Billings Fire Department to test the system to ensure it works correctly, the applicant will obtain a sign off from Billings Fire Department stating it is functioning correctly. The applicant will also create an RSID for the dry hydrant system.
- To protect public safety and to ensure future maintenance of the parkland, prior to final plat approval, the applicant will follow the requirements of Section 10.6 Yellowstone County Subdivision Regulations to determine the correct amount for the cash in lieu contribution for parkland. The applicant will create and RSID for parkland maintenance for this subdivision. The parkland will also be planted and irrigated to be usable parkland for the residents of the subdivision.
- To minimize the effects on local service, 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.
- 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.
- 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.
- 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.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On April 1, 2021, the Planning Division received an application for major plat approval for the proposed Stone Creek Subdivision. The property is generally located on the north east corner of the intersection of Neibauer Road and South 64th Street West. This subdivision would create 126 lots from an 80.122-acre parcel of land. The applicant is proposing to develop a residential subdivision, the land is outside of zoning. The land is currently farmland.
PROCEDURAL HISTORY
PROCEDURAL HISTORY
- Pre-application meeting November 12, 2020
- Preliminary plat application submitted to Planning Division April 1, 2021
- Departmental review meeting April 15, 2021
- Preliminary plat resubmitted April 22, 2021
- Planning Board plat review May 11, 2021
- Planning Board public hearing May 25, 2021
- Preliminary plat to Yellowstone County Board of County Commissioners June 22, 2021
- 60 working-day preliminary plat review period ends June 25, 2021
PLAT INFORMATION
General location: Northeast corner of the intersection of Neibauer Road and South 64th Street West
Legal Description: S20, T01 S, R25 E, W2SW
Owner/Subdivider: Regal Land Development, Inc
Engineer/Surveyor: Performance Engineering, LLC
Existing Zoning: outside zoning
Existing land use: Farmland
Proposed land use: Residential
Gross and Net area: 80.122 acres / 57.517 acres
Proposed number of lots: 126
Max. lot size: 1.02 acres
Min. lot size: 0.34 acres
Parkland requirements: Their required parkland dedication is 5.264 acres; the applicant is proposing to dedicate 3.604 acres of parkland. The balance is to be a cash-in-lieu contribution.
General location: Northeast corner of the intersection of Neibauer Road and South 64th Street West
Legal Description: S20, T01 S, R25 E, W2SW
Owner/Subdivider: Regal Land Development, Inc
Engineer/Surveyor: Performance Engineering, LLC
Existing Zoning: outside zoning
Existing land use: Farmland
Proposed land use: Residential
Gross and Net area: 80.122 acres / 57.517 acres
Proposed number of lots: 126
Max. lot size: 1.02 acres
Min. lot size: 0.34 acres
Parkland requirements: Their required parkland dedication is 5.264 acres; the applicant is proposing to dedicate 3.604 acres of parkland. The balance is to be a cash-in-lieu contribution.
STAKEHOLDERS
Staff gave a brief overview of the proposed subdivision to the Planning Board. Staff noted that there were four letters received from surrounding neighbors with concerns about the proposed subdivision. Staff provided a brief overview of the concerns stated in the letters received. Additionally, staff informed the Board of a meeting that took place with members of County Staff concerning placing subdivision signs in the public right of way and that would not be allowed any longer. The meeting also addressed having private water wells and pump houses specifically used by the subdivision to be placed in the county public park. Staff said more information would be forthcoming on this issue as well. Planning Board President Woody Woods asked if there were any questions for staff concerning the proposed subdivision. There were none.
Scott Worthington, representing Dan Wells owner of Regal Land Development, stated he believes the proposed residential development is the highest and best use of the land. While outside the zoning district, the size of the lots are consistent with other developments they have done in the past. These lot sizes lend themselves well to community water systems and individual septic treatment systems. He stated the developer feels that having the community water system located within the parkland provides a dual use for the land. They have initiated discussions with DEQ concerning the proposed water and septic systems and are beginning the permitting process to ensure there are no adverse effects. They are also working with DNRC to obtain water rights for the proposed community water system. Sidewalks are proposed to provide safety and walking areas for the residents. Mr. Worthington believes this is a well-thought-out development, and they are looking forward to the opportunity to move ahead.
Board member Tunnicliff asked what purpose parks serve in a subdivision. Scott Worthington said parks provide a public open space to meet a need that lots themselves do not meet such as picnic areas, soccer fields, or a playground. Board member Tunnicliff said he feels the proposed park is not centrally located, and it seems it was designed to meet the need for water wells. He pointed out it is located at a busy arterial intersection, South 64th Street West and Hesper Road. It would seem a dangerous place to play and should a ball go out into the road there may be a bad outcome, Tunnicliff stated. He added that oftentimes the parkland is used as filler to provide a benefit to the subdivider and not the residents of the subdivision. Scott Worthington said he believes there is a good separation between the edge of the roads and the useable area of the park. He said having it out front provides an open look and feel to the subdivision. Surface streets are provided internally for safety for people to get to the park. Board member Tunnicliff said there is only one access point across the ditch which would make getting to the park much longer for some residents versus others. Scott Worthington said another point of connection to the park can be provided on the west side of the parkland possibly a walking path connection. Board member Tunnicliff asked about improvements to the park, will there be grass and an irrigation system? Mr. Worthington stated the HOA will be providing maintenance of the park.
Board member Cook asked if a traffic study had been done, and asked for the agent’s comments on what it shows about impacts to the roads in the area. Scott Aspenlieder, with Performance Engineering, said a traffic study was completed to analyze the major intersections. The conclusions are that current levels of service are good at the intersections and there will not be a reduction in levels of service within a mile of the development.
Board member Hillius asked for more detail on the water system as he has concerns with water quality with the shallow wells in this area. Scott Aspenlieder said generally in the west end wells fail due to nitrate impacts and that is not as significant in this area, there is still a fair amount of irrigation to flush this out. The wells will have a chlorination system and will be monitored with reports provided to DEQ which is a significant benefit to the public. Septic systems generally will be an elevated treatment system, nutrient and nitrate values are relatively low in this area. Board member Hillius voiced concern that eventually the chlorination system will not be able to handle potential nitrate issues in the future. He asked if there is any option to connect this community when municipal water is available. Mr. Aspenlieder said this is one of the benefits of a community water system which will allow for connections and decommissioning of the wells. Six-inch water lines will be used throughout the development. Board member Hillius asked about the various lot sizes from 1/3 acre to 1 acre and are they large enough for a septic system and replacement area? Mr. Worthington stated, lots averaging ½ acre lend well to water treatment, and 1/3 acre allows for primary drain fields. They are proposing level 2 treatment systems which are more effective with nutrient/nitrate removal.
Board member Stephenson commented there should be two parkland areas and the parkland should be separated in the phases. He asked what the cash-in lieu is used for. Staff said it is to be used in parks nearest to the area, generally for maintenance, upgrades and development. Board member Stephenson said he would prefer the parkland be provided. Board member Jensen-Christison asked when the County will review having the infrastructure in the parkland as she feels this is a poor location. Staff said the County hopes to have information in the next few days.
Scott Worthington, representing Dan Wells owner of Regal Land Development, stated he believes the proposed residential development is the highest and best use of the land. While outside the zoning district, the size of the lots are consistent with other developments they have done in the past. These lot sizes lend themselves well to community water systems and individual septic treatment systems. He stated the developer feels that having the community water system located within the parkland provides a dual use for the land. They have initiated discussions with DEQ concerning the proposed water and septic systems and are beginning the permitting process to ensure there are no adverse effects. They are also working with DNRC to obtain water rights for the proposed community water system. Sidewalks are proposed to provide safety and walking areas for the residents. Mr. Worthington believes this is a well-thought-out development, and they are looking forward to the opportunity to move ahead.
Board member Tunnicliff asked what purpose parks serve in a subdivision. Scott Worthington said parks provide a public open space to meet a need that lots themselves do not meet such as picnic areas, soccer fields, or a playground. Board member Tunnicliff said he feels the proposed park is not centrally located, and it seems it was designed to meet the need for water wells. He pointed out it is located at a busy arterial intersection, South 64th Street West and Hesper Road. It would seem a dangerous place to play and should a ball go out into the road there may be a bad outcome, Tunnicliff stated. He added that oftentimes the parkland is used as filler to provide a benefit to the subdivider and not the residents of the subdivision. Scott Worthington said he believes there is a good separation between the edge of the roads and the useable area of the park. He said having it out front provides an open look and feel to the subdivision. Surface streets are provided internally for safety for people to get to the park. Board member Tunnicliff said there is only one access point across the ditch which would make getting to the park much longer for some residents versus others. Scott Worthington said another point of connection to the park can be provided on the west side of the parkland possibly a walking path connection. Board member Tunnicliff asked about improvements to the park, will there be grass and an irrigation system? Mr. Worthington stated the HOA will be providing maintenance of the park.
Board member Cook asked if a traffic study had been done, and asked for the agent’s comments on what it shows about impacts to the roads in the area. Scott Aspenlieder, with Performance Engineering, said a traffic study was completed to analyze the major intersections. The conclusions are that current levels of service are good at the intersections and there will not be a reduction in levels of service within a mile of the development.
Board member Hillius asked for more detail on the water system as he has concerns with water quality with the shallow wells in this area. Scott Aspenlieder said generally in the west end wells fail due to nitrate impacts and that is not as significant in this area, there is still a fair amount of irrigation to flush this out. The wells will have a chlorination system and will be monitored with reports provided to DEQ which is a significant benefit to the public. Septic systems generally will be an elevated treatment system, nutrient and nitrate values are relatively low in this area. Board member Hillius voiced concern that eventually the chlorination system will not be able to handle potential nitrate issues in the future. He asked if there is any option to connect this community when municipal water is available. Mr. Aspenlieder said this is one of the benefits of a community water system which will allow for connections and decommissioning of the wells. Six-inch water lines will be used throughout the development. Board member Hillius asked about the various lot sizes from 1/3 acre to 1 acre and are they large enough for a septic system and replacement area? Mr. Worthington stated, lots averaging ½ acre lend well to water treatment, and 1/3 acre allows for primary drain fields. They are proposing level 2 treatment systems which are more effective with nutrient/nitrate removal.
Board member Stephenson commented there should be two parkland areas and the parkland should be separated in the phases. He asked what the cash-in lieu is used for. Staff said it is to be used in parks nearest to the area, generally for maintenance, upgrades and development. Board member Stephenson said he would prefer the parkland be provided. Board member Jensen-Christison asked when the County will review having the infrastructure in the parkland as she feels this is a poor location. Staff said the County hopes to have information in the next few days.
ALTERNATIVES
In accordance with state law, the Board of County Commissioners has 60 working days to act upon this major preliminary plat. The 60 working day review period for the proposed subdivision ends on June 25, 2021. State and County subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The County 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 working day review period, the Board of County Commissioners is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat
FISCAL EFFECTS
This subdivision will have no fiscal impact on the City/County Planning Division.
Attachments
- Findings of Fact
- Proposed Plat
- SIA
- Letter from surrounding property owner
- Letter from surrounding property owner
- Letter from surrounding property owner
- Letter from surrounding property owner