7.b.
Planning Board Meeting I (2nd Tuesday)
- Meeting Date:
- 05/14/2019
Information
INTRODUCTION
On March 1, 2019, the Planning Division received an application for major plat approval for the proposed Bar Eleven Estates Subdivision. The property is generally located on the south side of Plateau Road approximately .25 miles west of Bitterroot Drive. This subdivision would create 7 lots from a 17.55-acre parcel of land. Lots 5 and 6 are proposed to be developed as condominium type development with multiple single family dwelling units on a single lot. All of the proposed lots will be developed as single family residential. The land is currently dryland grass and is zoned Residential 9600 (R-96). This application is back before the board for a vote to make a recommendation to the Board of County Commissioners due to lack of a quorum at the April 23 Planning Board meeting.
RECOMMENDATION
Staff recommends that the Yellowstone County Board of Planning recommend the Board of County Commissioners conditionally approve the preliminary plat of Bar Eleven Estates Subdivision 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 protect public health and safety, prior to final plat approval the applicant will receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.
2. To ensure compliance with requirements of subdivision regulations, prior to final plat approval the applicant will add a paragraph in the SIA under the heading Conditions That Run With The Land to notify future home owners of their responsibility to install sidewalk along their street frontage.
3. To ensure public access to the public park within the subdivision, prior to final plat approval the applicant will provide easement documents that allow the public to drive up the access along the eastern edge of the public park at Lot 7.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
PLAT REVIEW DISCUSSION/STAKEHOLDERS
A public hearing was held for the proposed plat on April 23, 2019. Staff gave a brief presentation to the planning board about the proposed subdivision. The floor was opened to any questions from the board to staff. Jon Thompson asked if the County Parks Board required any remunerations for septic systems in the public parks. Staff responded that they do not and this has been a common practice with other subdivisions in the county. There were no other questions for staff regarding the subdivision.
Board President Tunnicliff asked it the agent or applicant wished to address the board. Mr. Craig Dalton, agent, stood for any questions from the board, but there were none. The public hearing was opened and Mr. Jay Nichols stood to speak of concerns from storm water in the area. He stated that since the first Bar Eleven Subdivision was platted there has been more rain water flooding in the area and it is a problem for the people on the north side of Plateau Road. He stated that the water runs down the new roads onto Plateau Road and drains to the north from Plateau Road. The land on the north side of Plateau Road is lower than the south side of the road.
No one else stood to speak and Board President Tunnicliff asked the agent if he wished to address the concerns of the neighboring property owner. Mr. Dalton stated he would visit the site and forward the concerns of the neighbor to the developer. He also stated the down stream impacts would be evaluated as part of the DEQ review. He also stated that the neighbors could work with County Public Works to address the grade of Plateau Road to address the drainage issue.
Because there was not a quorum to forward a recommendation to the County Board of Commissioners, the public hearing was not closed and will continue on May 14, 2019.
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 protect public health and safety, prior to final plat approval the applicant will receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.
2. To ensure compliance with requirements of subdivision regulations, prior to final plat approval the applicant will add a paragraph in the SIA under the heading Conditions That Run With The Land to notify future home owners of their responsibility to install sidewalk along their street frontage.
3. To ensure public access to the public park within the subdivision, prior to final plat approval the applicant will provide easement documents that allow the public to drive up the access along the eastern edge of the public park at Lot 7.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
PLAT REVIEW DISCUSSION/STAKEHOLDERS
A public hearing was held for the proposed plat on April 23, 2019. Staff gave a brief presentation to the planning board about the proposed subdivision. The floor was opened to any questions from the board to staff. Jon Thompson asked if the County Parks Board required any remunerations for septic systems in the public parks. Staff responded that they do not and this has been a common practice with other subdivisions in the county. There were no other questions for staff regarding the subdivision.
Board President Tunnicliff asked it the agent or applicant wished to address the board. Mr. Craig Dalton, agent, stood for any questions from the board, but there were none. The public hearing was opened and Mr. Jay Nichols stood to speak of concerns from storm water in the area. He stated that since the first Bar Eleven Subdivision was platted there has been more rain water flooding in the area and it is a problem for the people on the north side of Plateau Road. He stated that the water runs down the new roads onto Plateau Road and drains to the north from Plateau Road. The land on the north side of Plateau Road is lower than the south side of the road.
No one else stood to speak and Board President Tunnicliff asked the agent if he wished to address the concerns of the neighboring property owner. Mr. Dalton stated he would visit the site and forward the concerns of the neighbor to the developer. He also stated the down stream impacts would be evaluated as part of the DEQ review. He also stated that the neighbors could work with County Public Works to address the grade of Plateau Road to address the drainage issue.
Because there was not a quorum to forward a recommendation to the County Board of Commissioners, the public hearing was not closed and will continue on May 14, 2019.
VARIANCES REQUESTED
No variance has been requested.
PROCEDURAL HISTORY
- Pre-application meeting January 24, 2019
- Preliminary plat application submitted to the Planning Division on March 1, 2019
- Departmental review meeting March 14, 2019
- Preliminary plat resubmitted March 21, 2019
- Planning Board plat review April 9, 2019
- Planning Board public hearing April 23, 2019
- Planning Board public hearing continued to May 14, 2019
- Preliminary plat to Yellowstone County Board of County Commissioners on May 21, 2019
- 60 working-day preliminary plat review period ends May 24, 2019
PLAT INFORMATION
General location: South of Plateau Road approximately .25 miles west of Bitterroot Drive
Legal Description: S02, T01 N, R26 E, W2S2 Lot 1; S02, T01 N, T26 E E2W2 Lot 1
Owner/Subdivider: Production Consulting, LLC
Engineer/Surveyor: Performance Engineering
Existing Zoning: Residential 9600 (R96)
Existing land use: Dryland grass and shrubs
Proposed land use: Residential
Gross and Net area: 17.55 acres / 16.37 acres
Proposed number of lots: 7
Max. lot size: 3.49 acres
Min. lot size: 1.19 acres
Parkland requirements: The required parkland dedication is 0.811 acres; the applicant is proposing to
dedicate 3.198 acres
Legal Description: S02, T01 N, R26 E, W2S2 Lot 1; S02, T01 N, T26 E E2W2 Lot 1
Owner/Subdivider: Production Consulting, LLC
Engineer/Surveyor: Performance Engineering
Existing Zoning: Residential 9600 (R96)
Existing land use: Dryland grass and shrubs
Proposed land use: Residential
Gross and Net area: 17.55 acres / 16.37 acres
Proposed number of lots: 7
Max. lot size: 3.49 acres
Min. lot size: 1.19 acres
Parkland requirements: The required parkland dedication is 0.811 acres; the applicant is proposing to
dedicate 3.198 acres