Motion/Recommendation.  Holly’s Subdivision, Amended Lot 1, Block 1.  Dave Green, Planner II

On June 1, 2015, agent Tom Llewellyn for the owner, the Holly Huennekens Trust, applied for preliminary subsequent minor plat approval for Holly’s Subdivision, Amended Lot 1, Block 1.  The proposed plat creates 4 lots from a 25.25 acre parcel of land. The subject property is generally located at 7625 Neibauer Road.  The property is outside of zoning and there is a mixture of farming and residential uses in the immediate vicinity.  The Board of County Commissioners  is scheduled to act on the proposal at its August 11 meeting.

PROCEDURAL HISTORY

•  A pre-application meeting was held on April 16, 2015.
• The preliminary plat application was submitted to the Planning Division on June 1
• A departmental review meeting was conducted on June 18.
• The preliminary plat was resubmitted with revisions based on department reviews on June 25.
• The Planning Board reviewed the plat on July 14.
• The Planning Board will conduct a public hearing on July 28, and forward a recommendation to the Board of County Commissioners.
• The Board of County Commission will consider the preliminary plat on August 11.
•  The 60 working-day preliminary plat review period ends August 24.

Staff recommends the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Holly’s Subdivision, Amended Lot 1, Block 1, adopt the Findings of Fact, and approve the variance request as presented in the staff report. The proposed conditions are as follows:
 

1. To minimize the effects on surrounding property owners, prior to final plat approval the applicant will add language in the SIA under Conditions That Run With The Land to inform future property owners, should they use water from the Big Ditch to irrigate their property, that it is their responsibility to control irrigation water from flooding onto adjacent property.
2. To ensure proper transfer or retention of water shares currently on Lot 1, prior to final plat approval the applicant will clarify in the SIA under an Irrigation Facilities heading what water shares exist with Lot 1 and what will be done with them as per Section 4.13 of the Yellowstone County Subdivision Regulations (YCSR).
3. To ensure the Big Ditch Company has proper access to perform maintenance on the Big Ditch, prior to final plat approval the applicant will contact the Big Ditch Company to determine what size the easement needs to be for maintenance purposes, and provide documentation with signatures from the Big Ditch representative on the easement width. The proper easement, as per the Big Ditch Company, will be depicted on the Final Plat.
4. To minimize the effects on the natural environment and provide safe services to lot owners, prior to final plat approval the subdivider will receive approval from MDEQ for the use of septic systems, and wells or cisterns.
5. To minimize the effects on the existing ditches on the site, prior to final plat approval language shall be added to the SIA under Utilities that any construction of culverts for ditch crossings or trenches for the installation of utilities will require approval from the ditch company affected prior to construction or trenching.
6. To clarify the SIA and what is being built for access to the proposed lots, prior to final plat approval the applicant will revise the Transportation section of the SIA to clarify what lots have a paved private road on them, which lots have a dirt drive way as access, and how Lot 1C is required to have a separate access across the existing ditch while Lots 1A and 1B are using the dirt drive way. All accesses, roads and driveways must meet County Standards as specified in the YCSR and by the Yellowstone County Public Works Department.
7. To ensure proper fire suppression system installation, prior to final plat approval the applicant must provide written verification from the Laurel Fire Department that it has tested and accept the 10,000 gallon dry hydrant system.
8. To ensure the future maintenance of the dry hydrant system, prior to final plat approval an RSID will be created for maintenance of the system.
9. To meet YCSR and ensure proper storm water management practices, prior to final plat approval the applicant will submit proposed storm water management information to the MDEQ for review and approval.
10. To minimize the effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be approved by the County Weed Department.
11. 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.
12. 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.

The applicant has requested a variance from Section 4.4 D of the Yellowstone County Subdivision Regulations, which states “No single lot may be divided by a public road, alley, or access easement”.  Staff is recommending approval of this variance request. Further explanation and analysis can be found in Attachment A.
 

Planning staff gave a presentation to the Planning Board at its July 14 meeting about the proposed Holly’s Subdivision Amended Lot 1, Block 1, and reviewed the conditions of approval. The Board had some questions regarding the proposed plat regarding the ditches, irrigation, and fire access.
 
Board Member Donna Forbes asked for clarification of the ditch that bisects Lot 1C. Dave Green clarified that an existing irrigation ditch does bisect Lot 1C just north of the proposed paved cul-de-sac. Board Member Donna Forbes also asked about fire access. She said it appeared that there was one way in and one way out. Dave Green clarified that since there are a total of 4 lots they were not required to have a second access. The upper two lots are the only ones being served by the proposed driveway running north off of the cul-de-sac. The single access and dry hydrant system met the subdivision regulations and Laurel Fire Department requirements.
 
Board Member Patrick Klugman asked if some of the conditions would be addressed by the public hearing. Dave Green said that the conditions must be addressed prior to final plat approval and most likely would not be addressed by the time the public hearing was conducted.
 
Board Member Dave Goodrich asked for clarification on the irrigation shares that were allocated. Dave Green said that the shares need to be clarified as to what lots they are being allocated to. He said the SIA does not address this and needs to be modified to reflect how the shares will be handled.

Mr. Thomas Llewellyn, the agent for the Holly Huennekens Trust, provided some response to the Board questions. He stated that he has the DEQ permit application ready to be reviewed. He also stated that the ditch company changed what they wanted from the first Holly’s Subdivision to this second one. He said he is willing to sit down with the ditch company and sort out what easement they need to have to be able to access the ditch. He also clarified how Lot 1C would have its driveway access further east past the dry hydrant system location. Llewellyn also said he believed that the Big Ditch water shares would be allocated to the various lots. He said he was not sure if the groundwater could meet drinking standards but that would be determined during the DEQ review. Mr. Llewellyn stated he did not have any problems with any of the proposed conditions.