County Variance #274:  This is a variance from 27-308 requiring a minimum lot area of 1 acre for each new lot to allow a minimum lot area of 27,116 square feet (.662 acre) up to 54,325 square feet (1.24 acres) for 25 new residential lots in a new cluster subdivision in an Agriculture Suburban (A-S) zone, on Tracts, 1-4 of C/S 3191, a 37.1986 acre parcel of land. Tax IDs: D00758, D00759, D00760 and D00761, P3Colman, LLC, owners and Sanderson Stewart, agent.

The Planning Division is forwarding a recommendation of conditional approval.

OWNER: P3Colman, LLC
AGENT: Sanderson Stewart
LEGAL DESCRIPTION: Tracts, 1-4 of C/S 3191
ADDRESS: 1839 South 56th Street West
CURRENT ZONING: Agriculture Suburban (A-S)
EXISTING LAND USE: Agriculture
PROPOSED USE: Residential
SIZE OF PARCEL: 37.1986 acre

None

There have not been any variances in the surrounding neighborhood.  There have been a few variances about a mile from the subject property in other subdivisions for setbacks and detached garage size.

NORTH:	Zoning: A-S Land Use: Residential
SOUTH:	Zoning: A-S / Agriculture Open (A-1) Land Use: Residential
EAST:	Zoning: A-1 Land Use: Agricultural Use
WEST:	Zoning: Outside Zoning Land Use: Residential

This is a request for a variance from Section 27-308 requiring a minimum lot area of 1 acre for each new lot to allow a minimum lot area of 27,116 square feet (.662 acre) up to 54,325 square feet (1.24 acres) for 25 new residential lots in a new cluster subdivision in an Agriculture Suburban (A-S) zone, on Tracts, 1-4 of C/S 3191, a 37.1986 acre parcel of land. This property is generally located on South 56^th Street West south of Hesper road about 1/3 mile.
 
This variance is unique in that it is required by Yellowstone County Subdivision Regulations (YCSR).  This proposed subdivision is the first use of what is termed a ‘Cluster Development’.  Below is from the YCSR describing Cluster Development.
 
Chapter 7.0
CLUSTER DEVELOPMENTS AND PLANNED NEIGHBORHOOD DEVELOPMENTS.
(MCA 76-3-509)
 
Section 7.1 Purpose
 
The purpose of this Chapter is to promote maximum flexibility in the design of new developments within Yellowstone County and to encourage innovation within a framework of timely, efficient and flexible design review. Developments that utilize innovative, progressive planning and site design techniques and methods to allow a mixture of land uses, densities, setbacks, and building heights are encouraged. Cluster developments are encouraged where community resources are present and desirable for protection or preservation. Those areas include but are not limited to wildlife habitat, river and stream corridors, wetlands, historical or archeological sites or prime agricultural lands. Planned Neighborhood Developments are encouraged where the proposed development is in excess of twenty acres and diversity in land use is desirable.
 
Section 7.2 Definitions
 
For the purposes of this Chapter the following definitions shall apply:

Cluster Development:
A cluster development is a subdivision creating five (5) or more lots clustered in a group that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped. A minimum of 30% of the area within the subdivision shall be reserved for open space owned by common ownership
(76-3-103(2), MCA).
 
Subject Property
Canyon Creek is the north border of the subject property.  The more easterly parts of the parcels are in the 100 year floodplain of Canyon Creek.  Lands that are in the 100 year flood plain have limitations or restrictions on how they may be developed.  With the cluster development option, developers are encouraged to develop using clustered/smaller lots than what is allowed by zoning in exchange for setting aside the area that is not developable or is to be preserved.  To determine how many lots are allowed, the developer may use the entire acreage and then make the total number of lots smaller in size to preserve a minimum of 30% open space.  This development could have a total of 37 lots. This development proposal is for 25.  This leaves approximately 17.5 acres open.  There are three ‘common lots.’ Two have community septic systems in them and the third one is the Open Space.  There are approximately 15 acres along Canyon Creek that will be left as open space.  The applicants, when they do a final plat, are required to provide a ‘Legal Instrument for Permanent Protection of Open Space’ as per Section 7.8 A YCSR.  This ensures the open space cannot be developed in the future.  In this open space, the developer has built a trail system for the use of those in the neighborhood and a public trail along Canyon Creek. 
 
This subdivision has gone through a public hearing with the Yellowstone County Board of Planning where a recommendation of approval was forwarded to the Board of County Commissioners with a unanimous vote.  The Yellowstone County Board of Planning found the subdivision met the criteria as specified in the YCSR and specifically in the Cluster Development section. The Board also found that the subdivision was well designed with the open space to be provided, the trails, and the smaller lots with higher end homes. The Board of County Commissioners on July 8, 2014, preliminarily approved the subdivision with a unanimous vote following the same findings at the Yellowstone County Board of Planning. Since the preliminary plat was approved in 2014, the applicant has put in all the required infrastructure for the subdivision, including a 30,000 gallon water tank for fire suppression.
 
Staff, at the time of the writing of this staff report, had not received any comments from surrounding neighbors.

The Planning Division is recommending conditional approval of Variance 274.