On January 1, 2016, owner, Superior Builders, LLP, applied for preliminary major plat approval for Aspen Ridge Subdivision, 2^nd Filing. This 2nd Filing was first reviewed and received a preliminary approval by the Board of County Commissioners in July 2015, but the applicant has resubmitted for a second preliminary plat review after making significant changes to the plat, including lot size increases to avoid construction of pedestrian facilities along San Marino Drive, and redesigning the storm water management system. The proposed plat creates 15 lots from a 28-acre parcel of land. Thirteen of the lots are for single-family residential development, one is for storm water management, and one is a large lot for future development. The subject property is generally located in Lockwood, on the south side of San Marino Drive, between Tanglewood Drive and Noblewood Drive.  The property is zoned Residential-9,600 (R-96).  The Yellowstone County Board of Planning reviewed the plat at its meeting on February 9 and will conduct a public hearing at this meeting. The Board of County Commissioners is schedule to act on the proposal on March 15.
 

Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Aspen Ridge Subdivision, 2^nd Filing, and adopt the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL
Planning staff recommends the following conditions of approval:

1. To minimize effects on local services, prior to final plat approval two storm water facilities easements shall be created for the storm water facilities on Lot 8.  A County RSID for maintenance of the storm water facilities in the easements also shall be established or expanded prior to final plat approval. The final SIA must reflect these arrangement for the storm water management.
2. To minimize effects on local services and the natural environment, prior to final plat approval the subdivider will receive approval from MDEQ for the individual septic systems and the storm water management system on the subdivision.
3. To minimize the effects on the natural environment, a weed management plan and property inspection shall be approved by the County Weed Department, prior to final plat approval.
4. To minimize effects on local services, provide the pedestrian pathway connectivity required by Section 4.6 C. 15 of the County Subdivision Regulations, and meet the requirements of the Aspen Ridge Subdivision,1st Filing Subdivision Improvement Agreement, prior to final plat approval the 5-foot wide pedestrian walkway/trail shall be constructed along the east side of Tanglewood Drive and the north side of San Marino Drive in the existing walkway/trail easement in Aspen Ridge Subdivision, 1st Filing. The pathway shall be constructed of asphalt or concrete at the discretion of the developer.
5. 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.
6. 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.

No variances from the County Subdivision Regulations have been requested with this application.

Staff provided a brief presentation of the proposed subdivision, and then Planning Board President Darell Tunnicliff opened the item up for discussion.

Board Member Don Reed commented that Tanglewood Drive and Becraft Lane were not designed as collector streets. He voiced concern with building new developments that use older roadways for access that may not be built to handle the traffic. Mr. Reed suggested that if the 2nd Filing is not being built to accommodate pedestrians, that the future 3rd Filing of this subdivision to the south should be built to accommodate pedestrian and bicycle traffic, as it will have a full access through to Noblewood Drive and become a thoroughfare with the development of the surrounding parcels.

Board Member Patrick Klugman confirmed with staff that if the plat is preliminarily approved under the proposed conditions of approval, it will not have any pedestrian access but will abut pedestrian walkways that must be completed in the 1st Filing of the subdivision. Staff verified that this is the situation since the lot sizes in the 1st Filing triggered the pedestrian walkways.

Board President Tunnicliff and Board Member Francisco Saldivar both commented that they were concern with the noncompliance of the developer in the 1st filing of the subdivision for the pedestrian pathways. Staff stated that this was an oversight by the County and does not normally occur. 
 
Marshall Phil, agent for the applicant, stated that the property owner during processing of the 1st Filing had understood the pedestrian pathway requirement to be for a soft surface trail. He said the owner had provided a check to secure the improvements and ensure the pathways were built. Mr. Phil said the check was in an amount closer to a soft surface standard than a hard surface standard. He said it was not the property owners intention to never complete the pathways and that he intends to construct a hard surface pathways in the 1st Filing with completion of the 2nd Filing. Mr. Klugman stated that continuing the pathway in this 2nd Filing is a great opportunity for the community and neighborhood, and it is difficult for him to consider support this application without it. Mr. Klugman asked if the develop might be open to some sort of pedestrian facility in this filing. Mr. Phil said he will ensure that the developer attends the public hearing to address these questions