On November 1, 2016, the Planning Division received an application for preliminary major plat approval for Sanctuary Canyon Subdivision, 1^st Filing.  The proposed plat creates 20 lots for residential development and 1 large remaining lot for future development from a 77.917-acre parcel of land.   The subject property is generally located in Lockwood, on the south side of Trailmaster Drive, east of Hailee Street in the Twin Coulee Subdivision.  The property is outside of zoning.  The Yellowstone County Board of Planning will conduct a public hearing on at this meeting. The Board of County Commissioners are scheduled to act on the proposal on January 24, 2017.
 

Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Sanctuary Canyon Subdivision, 1st 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: To ensure correct location and installation of septic systems in Sanctuary Canyon Subdivision, prior to final plat approval the applicant will submit drawings and obtain approval from MDEQ for the proposed septic systems.  All storm drainage design also must be approved by MDEQ prior to final plat approval and a copy of the approved storm drain plan provided to the Yellowstone County Public Works Department.  To minimize effects on local services, prior to final plat approval the applicant will expand existing RSID’s on roads that it will connect to in the Twin Coulee Subdivision to the west and/or create new RSID’s for maintenance of any other roads for this subdivision.  To ensure public safety and prevent storm drainage problems, prior to final plat approval the applicant will either increase the '20’ wide Park / Trail Easement’ identified on the preliminary plat to 45 feet in width, 22.5 feet on each side of the property line, or in the SIA under Conditions that run with the land insert a paragraph requiring that any fences being built adjacent to the drainage corridors must be installed a minimum of 12.5 feet back from the edge of the ’20’ wide Park / Trail Easement’ shown on the plat. Either option would apply to Lots 3 and 4 of Block 2, continuing under Sanctuary Canyon Road, then between Lots 6 and 7 of Block 1, and Lots 8 through 11, Block 3, and future lots on the north and south of the drainage in future filings.  To minimize the effects on local services, prior to final plat approval the applicant will create a Park Maintenance District for the proposed park land within Sanctuary Canyon Subdivision.  To minimize the effects on local services, prior to final plat approval the applicant will coordinate with the USPS for locating and provided the correct amount of space for safely delivering the mail to the subdivision residents.  To minimize the effects on the local environment, prior to final plat approval the applicant is required to obtain approval of a weed management plan and complete a property inspection 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, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

A pre-application meeting was held on June 9, 2016 to discuss the proposal. The preliminary plat application was submitted to the Planning Division on November 1, 2016. A departmental review meeting was conducted on November 17, 2016. The preliminary plat was resubmitted with revisions based on department reviews on November 28, 2016. The Planning Board reviewed the preliminary plat on December 13, 2016. The Planning Board will conduct a public hearing on January 10, 2017, and forward a recommendation to the Board of County Commissioners. The Board of County Commission will consider the preliminary plat on January 24, 2017. The 60 working-day preliminary plat review period ends February 1, 2017.

PLAT INFORMATION

General location:                                            Generally located in Lockwood, on the south side of TrailMaster Drive, east of                                                                        Hailee Street and east of the Twin Coulee Subdivision   Legal Description:                                          S28, T01 N, R27 E, FRAC N2 (LESS NWSWNE, Emerald Hills 2ND & 3RD &                                                                      Emerald Hills Westgate 2ND & C/S 2674 AMD & Emerald Hills ACRG TR                                                                       SUB 5TH)   Subdivider/Owner:                                         Superior Builders, LLP   Engineer and Surveyor:                                  Blueline Engineering   Existing Zoning:                                             Outside of Zoning   Existing land use:                                            Vacant   Proposed land use:                                          Single-Family Residential   Gross area:                                                      77.92 acres   Net area:                                                          75.68 acres   Proposed number of lots:                                   20   Lot size:                                                         Max:    61.022 acres   Min.:   0.47 acre                                                                           Parkland requirements:                                   Parkland dedication is required in the amount of 0.89 acres, actual amount                                                                       being dedicated is 1.289 acres.

 
 

None Requested.

A brief presentation was given by staff for the proposed Sanctuary Canyon Subdivision.  Staff noted the comments in the staff report on a legal challenge regarding whether Lacy Road was planned to connect into the Sanctuary Canyon Subdivision development.  There was some discussion by board members as to whether the intention of Lacey Road was for a future connection because of some discrepancies on the plat drawing. Staff explained that the current property owners on the north and south side of Lacy Road where it enters the subject property were under the impression the cul-de-sac was permanent and was not going to connect to the property to the east. These property owners have moved forward with legal action against the County.  County legal staff is confident this issue may be resolved through the court process and the connection of Lacy Road to the subject property will be maintained.  Staff pointed out the need for connectivity when adjacent subdivisions are developed and that connectivity is a requirement of subdivision regulations. Staff also stated that additional maps and images of the Twin Coulee Subdivision will be brought to the public hearing to provide a better view of the subdivision and the roads within it, and that connect through it. 

Board Member Saldivar asked why the cul-de-sac was created instead of a straightaway connection.  Staff stated this is often done on a temporary basis for roads that dead end at the property line for future connections as it enables private vehicles and emergency vehicles to turn around easily without driving onto private property.  Staff pointed out that a developer would most likely have lots surrounding the cul-de-sac if it was not intended to be temporary as it would save road construction costs and also, potentially, allow for another lot at the end of the cul-de-sac that could be sold. Darin Swenson, who was in attendance at the meeting on behalf of Yellowstone County Public Works, concurred with this conclusion. Board Member Goodridge asked for clarification on the property pins and asked if the same builder built the houses in the current development.   Staff pointed out the locations of the pins on the posted plat and stated Twin Coulee Subdivision was a different developer and builder. Board Member Klugman asked about the width of the paved road and when the legal action will be decided as the situation is awkward since this is one of two entrances into the subdivision.  Staff stated the road right-of-way is 60-feet in width and staff is unsure of the timeline for the legal proceeding.

Board Member Reed voiced several concerns about the roads in the area and how they would be able to handle all the traffic that is going to be generated with further development. It was agreed that a map showing a wider view of the roads in this area of Lockwood would be provided at the Public Hearing for the Board to review for clarification.

The applicants’ agent, Marshall Phil of Blueline Engineering, stood to speak, pointed out the property's topography on the plat map, and stated there is a lot of unbuildable ground which will create more parkland in future filings of the subdivision. Mr. Phil noted, in response to a question by Board Member Goodridge about the Lacey Road, that some of the neighbor’s landscaping may be in the Lacey Road right of way.  Mr. Phil gave further explanation of the property lines to Board Member Reed.  Board Member Reed asked if staff can provide a map that shows more of the surrounding area where this subdivision is proposed. 

President Tunnicliff voiced concern with the fact the owner relied on the survey when the parcel was purchased; and the plat indicated the lot larger than it should have been.  It was noted the property owner on the south side of Lacey Road is requesting no access to this proposed subdivision.  Board Member Goodridge asked for a clear staff presentation for the public hearing that points out the legal access issues are outside of the Board's scope of authority.  Board member Reed said the connectivity in the area of the subdivision is narrow and winding and needs to be addressed. It was noted this parcel is in the Pedestrian Safety District.  Board member Klugman asked if there is trail connectivity to the east and to the west.  Marshall Phil stated there is no access to the east due to the substantial rim line and conservation area but there may be a parking area to provide access off Trailmaster Drive for pedestrian access.