8.a.2.
Planning Board Meeting 2 (4th Tuesday)
- Meeting Date:
- 05/22/2018
Information
INTRODUCTION
On April 2, 2018, the Planning Division received an application for major plat approval for the proposed Mackenzie Meadows Subdivision, 2nd Filing. The property is generally located on the south side of Neibauer Road between South 48th Street West and South 56th Street West. This subdivision would create 183 lots from a 167.9-acre parcel for residential and commercial use. The land is currently used for farming. The majority of the land is outside of zoning with a smaller portion of the parcel being developed inside of zoning.
RECOMMENDATION
Staff recommends that the Yellowstone County Board of Planning recommend that the Board of County Commissioners conditionally approve the preliminary plat of Mackenzie Meadows Subdivision, 2nd Filing and adopt the Findings of Fact as presented in the staff report.
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 provide for needed maintenance of internal ditches for downstream water users, prior to final plat approval, the applicant will add language in the SIA under IX Irrigation that states the ditches will be accessible for future maintenance until a time in the future when there are no longer downstream users.
2. To protect public health and safety, prior to final plat approval the applicant will receive approval from the MDEQ for the proposed water wells, community septic system and the proposed storm water management.
3. To protect public health and safety and provide efficient traffic movement, prior to final plat approval the applicant will submit a TIS to County Public Works for review and approval. Should the TIS identify any road widening or turn lanes required on Neibauer Road or South 56th Street West, the applicant will install those required improvements with oversite from County Public Works.
4. To provide for future maintenance of all public roads, parkland and trail easements within Mackenzie Subdivision, prior to final plat approval the applicant will create an RSID-M for the public roads and an RSID-M for the parkland.
5. To protect public health and safety and to ensure a usable dry hydrant system, prior to final plat approval the applicant will provide construction drawings to the BUFSA for the dry hydrant system and receive approval before construction begins within a public easement. The system must be tested and approved by the BUFSA after installation and an RSID created for the maintenance of the dry hydrant system.
6. To protect the surrounding lands and not introduce noxious weeds into the subdivision, prior to final plat approval the applicant will add language to the SIA describing the re-vegetation plan for the public parks and what type of seed will be used.
7. To minimize the effects on local service, 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.
8. To minimize effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be completed by the County Weed Department.
9. To ensure correct zoning for the proposed lots in the zoned area of the subdivision, prior to final plat approval the applicant will go through the zone change process to have correct zoning for the proposed lot sizes.
10. 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.
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, including laws regarding moving houses onto or off the property, and the laws and Administrative Rules of the State of Montana.
DISCUSSION/STAKEHOLDERS
Staff gave a brief presentation regarding the proposed subdivision to the Planning Board. President Darrell Tunnicliff asked the board if there were any questions for staff. Staff was asked to point out the different parks on the plan and staff identified them. The most concerning issue to some board members was the fact the developer will not be providing sidewalks in the portion of the subdivision that is outside of zoning.
Mr. Marshall Phil, agent for the applicant, stood to answer questions about the proposed subdivision. He first answered a question about the proposed parks that are also the community septic areas for the subdivision. They will be native grasses and not developed with amenities. At some time in the future, there could be some development by either the HOA or the developer. Concerning the sidewalks, he stated the developer will be installing sidewalks in the zoned part of the subdivision but not in the unzoned area. Also, there will be sidewalk along the east side of Abby Drive, the portion that is in zoning. It was stated by a board member that they find it very disappointing that a developer would only do the minimum that is required and not be willing to make a neighborhood nice and safe for all residents. There was no further discussion.
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 provide for needed maintenance of internal ditches for downstream water users, prior to final plat approval, the applicant will add language in the SIA under IX Irrigation that states the ditches will be accessible for future maintenance until a time in the future when there are no longer downstream users.
2. To protect public health and safety, prior to final plat approval the applicant will receive approval from the MDEQ for the proposed water wells, community septic system and the proposed storm water management.
3. To protect public health and safety and provide efficient traffic movement, prior to final plat approval the applicant will submit a TIS to County Public Works for review and approval. Should the TIS identify any road widening or turn lanes required on Neibauer Road or South 56th Street West, the applicant will install those required improvements with oversite from County Public Works.
4. To provide for future maintenance of all public roads, parkland and trail easements within Mackenzie Subdivision, prior to final plat approval the applicant will create an RSID-M for the public roads and an RSID-M for the parkland.
5. To protect public health and safety and to ensure a usable dry hydrant system, prior to final plat approval the applicant will provide construction drawings to the BUFSA for the dry hydrant system and receive approval before construction begins within a public easement. The system must be tested and approved by the BUFSA after installation and an RSID created for the maintenance of the dry hydrant system.
6. To protect the surrounding lands and not introduce noxious weeds into the subdivision, prior to final plat approval the applicant will add language to the SIA describing the re-vegetation plan for the public parks and what type of seed will be used.
7. To minimize the effects on local service, 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.
8. To minimize effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be completed by the County Weed Department.
9. To ensure correct zoning for the proposed lots in the zoned area of the subdivision, prior to final plat approval the applicant will go through the zone change process to have correct zoning for the proposed lot sizes.
10. 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.
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, including laws regarding moving houses onto or off the property, and the laws and Administrative Rules of the State of Montana.
DISCUSSION/STAKEHOLDERS
Staff gave a brief presentation regarding the proposed subdivision to the Planning Board. President Darrell Tunnicliff asked the board if there were any questions for staff. Staff was asked to point out the different parks on the plan and staff identified them. The most concerning issue to some board members was the fact the developer will not be providing sidewalks in the portion of the subdivision that is outside of zoning.
Mr. Marshall Phil, agent for the applicant, stood to answer questions about the proposed subdivision. He first answered a question about the proposed parks that are also the community septic areas for the subdivision. They will be native grasses and not developed with amenities. At some time in the future, there could be some development by either the HOA or the developer. Concerning the sidewalks, he stated the developer will be installing sidewalks in the zoned part of the subdivision but not in the unzoned area. Also, there will be sidewalk along the east side of Abby Drive, the portion that is in zoning. It was stated by a board member that they find it very disappointing that a developer would only do the minimum that is required and not be willing to make a neighborhood nice and safe for all residents. There was no further discussion.
VARIANCES REQUESTED
No variances are requested for this subdivision.
PROCEDURAL HISTORY
- A pre-application meeting was held on March 8, 2018.
- The preliminary plat application was submitted to the Planning Division on April 2, 2018.
- A departmental review meeting was conducted on April 19, 2018.
- The preliminary plat was resubmitted with revisions based on department reviews on April 26, 2018.
- The Planning Board reviewed the plat on May 8, 2018.
- The Planning Board will conduct a public hearing on May 22, 2018, and forward a recommendation to the Board of County Commissioners.
- The Yellowstone County Board of County Commissioners will be considering the application at its regular meeting on June 19, 2018.
- The 60 working-day preliminary plat review period ends June 26, 2018.
PLAT INFORMATION
General location: South side of Neibauer Road between South 48th Street West and South 56th Street West
Legal Description: Parcel 2 of COS 3185 and S28, TO1S, R25E, S2NW
Owner/Subdivider: SAMM LLC and David E. Wagner
Engineer/Surveyor: Blueline Engineering
Existing Zoning: Outside of zoning and Agriculture Open Space Zoning
Existing land use: Farming
Proposed land use: Residential and Commercial
Gross and Net area: 167.9 acres / 125.9 acres
Proposed number of lots: 183
Max. lot size: 11.5 acres
Min. lot size: 0.46 acres
Parkland requirements: The applicant is required to provide 7.1 acres for parkland. The applicant is proposing to provide 11.5 acres
Legal Description: Parcel 2 of COS 3185 and S28, TO1S, R25E, S2NW
Owner/Subdivider: SAMM LLC and David E. Wagner
Engineer/Surveyor: Blueline Engineering
Existing Zoning: Outside of zoning and Agriculture Open Space Zoning
Existing land use: Farming
Proposed land use: Residential and Commercial
Gross and Net area: 167.9 acres / 125.9 acres
Proposed number of lots: 183
Max. lot size: 11.5 acres
Min. lot size: 0.46 acres
Parkland requirements: The applicant is required to provide 7.1 acres for parkland. The applicant is proposing to provide 11.5 acres