8.c.
Planning Board Meeting I (2nd Tuesday)
- Meeting Date:
- 01/09/2018
Information
INTRODUCTION
On December 1, 2017, the Planning Division received an application for preliminary major plat approval for Whitehorse Estates Subdivision, 1st Filing. The proposed plat creates 12 lots for residential development. The subject property is generally located on the northwest corner of Hesper Road and South 48th Street West. The property is zoned Agriculture Suburban (AS). The Yellowstone County Board of Planning will review the plat at this meeting and conduct a public hearing on Tuesday, January 23, 2018. The Board of County Commissioners will act on the proposal on February 13, 2018.
RECOMMENDATION
Staff recommends the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Whitehorse Estates Subdivision, 1st Filing, adopt the Findings of Fact as presented in the staff report and deny the variance request.
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.
1. To minimize the effects on the natural environment, prior to final plat approval the applicant will obtain approval from the MDEQ for the proposed wells, septic systems and storm water management and meet the requirements of Yellowstone County Storm Water Management.
2. To ensure maintenance of the new public road, prior to final plat approval the applicant will create an RSID-M for the maintenance of the road inside the subdivision.
3. To minimize the effects on public health and safety and to ensure proper maintenance, prior to final plat approval the applicant will add language in the SIA under IV. Emergency Service stating the establishment of an RSID-M for the dry hydrant system. The Whitehorse Estates Subdivision shall not received final plat approval until the proposed dry hydrant has been installed on the Hesper Road frontage. The new tank shall be tested and approved by the BUFSA.
4. To clarify the type of emergency service the BUFSA does provide to this county subdivision, prior to final plat approval the applicant will modify the first sentence in the SIA under Emergency Service to read: "The Billings Urban Fire Service Area (BUFSA) currently provides fire protection for the subdivision."
5. To ensure correct procedure for providing a cash in lieu contribution for park land, prior to final plat approval the applicant will follow the YCSR Section 10.6 to meet the requirements to determine the correct amount of the cash contribution to the County for park land. The estimated land amount will be provided by a third party land appraiser and that appraisal will be reviewed and approved by the County Parks Board before a cash in lieu contribution is made to the County Parks Department.
6. To minimize the effects on local services, 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.
7. To minimize the effects on the local environment, prior to final plat approval the applicant is required to obtain a weed management plan and a property inspection shall be done by the County Weed Department.
8. To ensure the placement of easements for private utility providers, prior to final plat approval the applicant will coordinate with private utility companies to provide needed easements within the proposed subdivision.
10. To ensure proper maintenance and to minimize the effects on existing agricultural water user facilities, prior to final plat approval HOA documents shall be submitted to outline the HOA's responsibility for the construction and maintenance of the open lateral ditch running through the subdivision.
9. 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.
10. 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.
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.
1. To minimize the effects on the natural environment, prior to final plat approval the applicant will obtain approval from the MDEQ for the proposed wells, septic systems and storm water management and meet the requirements of Yellowstone County Storm Water Management.
2. To ensure maintenance of the new public road, prior to final plat approval the applicant will create an RSID-M for the maintenance of the road inside the subdivision.
3. To minimize the effects on public health and safety and to ensure proper maintenance, prior to final plat approval the applicant will add language in the SIA under IV. Emergency Service stating the establishment of an RSID-M for the dry hydrant system. The Whitehorse Estates Subdivision shall not received final plat approval until the proposed dry hydrant has been installed on the Hesper Road frontage. The new tank shall be tested and approved by the BUFSA.
4. To clarify the type of emergency service the BUFSA does provide to this county subdivision, prior to final plat approval the applicant will modify the first sentence in the SIA under Emergency Service to read: "The Billings Urban Fire Service Area (BUFSA) currently provides fire protection for the subdivision."
5. To ensure correct procedure for providing a cash in lieu contribution for park land, prior to final plat approval the applicant will follow the YCSR Section 10.6 to meet the requirements to determine the correct amount of the cash contribution to the County for park land. The estimated land amount will be provided by a third party land appraiser and that appraisal will be reviewed and approved by the County Parks Board before a cash in lieu contribution is made to the County Parks Department.
6. To minimize the effects on local services, 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.
7. To minimize the effects on the local environment, prior to final plat approval the applicant is required to obtain a weed management plan and a property inspection shall be done by the County Weed Department.
8. To ensure the placement of easements for private utility providers, prior to final plat approval the applicant will coordinate with private utility companies to provide needed easements within the proposed subdivision.
10. To ensure proper maintenance and to minimize the effects on existing agricultural water user facilities, prior to final plat approval HOA documents shall be submitted to outline the HOA's responsibility for the construction and maintenance of the open lateral ditch running through the subdivision.
9. 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.
10. 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.
VARIANCES REQUESTED
The applicant is asking for a variance from the requirements of YCSR Section 4.6.B.1 Relation to Undeveloped Areas. This regulation requires that a developer provide road connections to surrounding undeveloped lots for future connections. Specifically, the applicant has not proposed east/west connections for future connection extending from the proposed dead-end street.
Staff is recommending denial of the variance request. Further explanation and analysis can be found in Attachment A.
Staff is recommending denial of the variance request. Further explanation and analysis can be found in Attachment A.
PROCEDURAL HISTORY
- A pre-application meeting was held on October 5, 2017 to discuss the proposal.
- The preliminary plat application was submitted to the Planning Division on December 1, 2017.
- A departmental review meeting was conducted on December 14, 2017.
- The preliminary plat was resubmitted with revisions based on department reviews on December 21, 2017.
- The Planning Board will review the plat on January 9, 2018.
- The Planning Board will conduct a public hearing on January 23, 2018, and forward a recommendation to the Board of County Commissioners.
- The Board of County Commission will consider the preliminary plat on February 13, 2018.
- The 60 working-day preliminary plat review period ends February 27, 2018.
PLAT INFORMATION
General location: Northwest corner of Hesper Road and South 48th Street West
Legal Description: Lot 2, Whitehorse Subdivision
Subdivider/Owner: NEXCO, LLC
Engineer and Surveyor: Performance Engineering
Existing Zoning: Agriculture Suburban
Existing land use: Farmland
Proposed land use: Single-Family Residential
Gross area: 16.7 acres
Net area: 15.1 acres
Proposed number of lots: 12
Lot size: Max: 74,824 square feet Min: 49,496 square feet
Parkland requirements: Parkland dedication is required in the amount of 0.76 acres. The applicant is
proposing to make a cash in lieu contribution.
Legal Description: Lot 2, Whitehorse Subdivision
Subdivider/Owner: NEXCO, LLC
Engineer and Surveyor: Performance Engineering
Existing Zoning: Agriculture Suburban
Existing land use: Farmland
Proposed land use: Single-Family Residential
Gross area: 16.7 acres
Net area: 15.1 acres
Proposed number of lots: 12
Lot size: Max: 74,824 square feet Min: 49,496 square feet
Parkland requirements: Parkland dedication is required in the amount of 0.76 acres. The applicant is
proposing to make a cash in lieu contribution.