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| Planning Board | |
| Date: | 11/28/2023 |
| Title: | Serenity Subdivision - Preliminary Major Plat - Public Hearing |
| Presented by: | Monica Plecker |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
The Planning Board will conduct a public hearing and take action at this meeting. The Board conducted a plat review at its November 14 meeting. Staff is proposing that after the plat review and public hearing process, the Planning Board recommend to the Board of County Commissioners conditional approval for the preliminary plat of Serenity Subdivision, and adopt the Findings of Fact as presented in the staff report.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On October 2, 2023, In Site Engineering, agent for Lorenz Construction LLC, and Marsich Investments Inc., applied for preliminary major plat approval of Serenity Subdivision. The subject property is generally located on the southwest corner of the intersection of Neibauer Road and South 48th Street West. This parcel of land is zoned Large Lot Suburban (N4) and Agriculture (AG). There is residential development to the north, south and west of the proposed subdivision. Land to the east is used for farming.
VARIANCES REQUESTED
The applicant is not requesting a variance from the Subdivision Regulations.
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
The applicant is not requesting a variance from the Subdivision Regulations.
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 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.
- In order to minimize the impact on local services, prior to final plat approval, the developer is required to make a cash contribution based on its proportionate share of use for future improvements on South 50th Street West. Cost estimates for the proportionate share should include the aspects required to bring the existing road to the standards identified in Section 4.6.C.2 of the Yellowstone County Subdivision Regulations. The developer shall use trip generation data from the Traffic Impact Study submitted with the subdivision application. The methodology for determining proportionate share shall be approved by public works and the funds shall be received by the county prior to final plat approval.
- 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 maintenance of the new public roads within the subdivision.
- To protect public health and safety, prior to final plat approval, any information in the TIS that needs to be included in the SIA will be added to the final SIA for the subdivision. Any recommendations for infrastructure County Public Works and the Board of County Commissioners determine need to be built will also be included in the final SIA.
- 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 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 and get a sign off from Billings Fire Department. The applicant will also create an RSID for the dry hydrant system maintenance and create a public easement for where the fire tank is located.
- To provide for future maintenance of the public parkland, prior to final plat approval, the applicant will create and RSID for the maintenance of the public parkland.
- 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, Legal 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 Yellowstone County Subdivision Regulations, rules, regulations, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.
- Pre-application meeting August 31, 2023
- Preliminary plat application submitted to Planning Division on October 2, 2023
- Departmental review meeting October 19, 2023
- Preliminary plat resubmittal October 26, 2023
- Planning Board plat review November 14, 2023
- Planning Board public hearing November 28, 2023
- Preliminary plat to Board of County Commissioners, December 12, 2023
- 60 working-day preliminary plat review period ends December 28, 2023
PLAT INFORMATION
General location: Southwest corner of the intersection of Neibauer Road and South 48th Street West
Legal Description: Lot 2 of L.M. Subdivision
Owner/Subdivider: Lorenz Construction LLC, and Marsich Investments Inc
Engineer and Surveyor: In Site Engineering
Existing Zoning: N4 and AG
Existing land use: Farmland
Proposed land use: Residential / Ag
Gross and Net area: 86.351 acres / 59.55 acres
Proposed number of lots: 58
Lot size: Max: 16.441 acres
Min: 31,059 square feet
Parkland requirements: Parkland dedication required is 3.939 acres. The applicant is providing 4.398 acres.
General location: Southwest corner of the intersection of Neibauer Road and South 48th Street West
Owner/Subdivider: Lorenz Construction LLC, and Marsich Investments Inc
Engineer and Surveyor: In Site Engineering
Existing Zoning: N4 and AG
Existing land use: Farmland
Proposed land use: Residential / Ag
Gross and Net area: 86.351 acres / 59.55 acres
Proposed number of lots: 58
Lot size: Max: 16.441 acres
Min: 31,059 square feet
Parkland requirements: Parkland dedication required is 3.939 acres. The applicant is providing 4.398 acres.
STAKEHOLDERS
There are no stakeholder responses at this time. Stakeholder input will be received at the public hearing scheduled for this subdivision at this meeting.
A plat review was scheduled for a regular Planning Board meeting on November 14, 2023. A quorum was not present so a formal meeting did not occur. The board members who were present received information. Planner Dave Green provided an overview of the proposed subdivision. Board President Dennis Cook asked if there were any questions for staff. There was one question regarding if there would be any improvements to the park area, like play structures or basketball courts. Staff deferred the question to the developer, who was present at the meeting. The developer stated they had not thought about it, but it would be a good amenity for the neighborhood to have those things in the park. There were no other questions from the board, the staff or developer.
A plat review was scheduled for a regular Planning Board meeting on November 14, 2023. A quorum was not present so a formal meeting did not occur. The board members who were present received information. Planner Dave Green provided an overview of the proposed subdivision. Board President Dennis Cook asked if there were any questions for staff. There was one question regarding if there would be any improvements to the park area, like play structures or basketball courts. Staff deferred the question to the developer, who was present at the meeting. The developer stated they had not thought about it, but it would be a good amenity for the neighborhood to have those things in the park. There were no other questions from the board, the staff or developer.
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 December 28, 2023. State and Yellowstone 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 Plan
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plan
FISCAL EFFECTS
This plat will have no fiscal impacts on the City/County Planning Division.
SUMMARY
One of the purposes of the County’s subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects. Various County departments, private service/utility providers and the affected school district(s), have reviewed this application and provided input on effects and mitigation. The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts. In this case, there were found to be some impacts from this proposed subdivision.