8.b.
Planning Board Meeting Virtual Video Conference
- Meeting Date:
- 05/27/2020
Information
INTRODUCTION
On March 2, 2020, the Planning Division received an application for major preliminary plat approval for the proposed Homestead Subdivision. The property is generally located approximately 1,500 feet south of the intersection of South 80th Street West and King Avenue West. This subdivision would create 16 lots from a 71.75-acre parcel of land. The applicant is proposing to develop a residential subdivision. The land is outside of zoning and is currently dry farmland.
The applicant requested a 30 day delay due to a need for the City-County Planning Division to make arrangements to develop a way to have public meetings electronically to meet requirements of separation because of the COVID-19 virus. The Planning Board conducted a plat review of this subdivision at its meeting on May 12 and is conducting a public hearing and making a recommendation to the Board of County Commissioners on the preliminary plat at this meeting.
The applicant requested a 30 day delay due to a need for the City-County Planning Division to make arrangements to develop a way to have public meetings electronically to meet requirements of separation because of the COVID-19 virus. The Planning Board conducted a plat review of this subdivision at its meeting on May 12 and is conducting a public hearing and making a recommendation to the Board of County Commissioners on the preliminary plat at this meeting.
RECOMMENDATION
Staff recommends that the Yellowstone County Planning Board recommend to the Board of County Commissioners to conditionally approve the preliminary plat of Homestead Subdivision, deny the variance request, 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, and provide a safe irrigation water delivery system, prior to final plat approval the applicant will add language in the SIA under the heading VIII Irrigation defining how the irrigation water will be made available to each lot east of the High Ditch.
2. To ensure public health and safety, prior to final plat approval the applicant will receive DEQ approval for the proposed storm water management system and for the proposed water and septic systems for each lot.
3. To protect public health and safety and provide for future Dry hydrant maintenance, prior to final plat approval the applicant will expand the existing RSID for the dry hydrant system in Shop World subdivision for the 14 lots on the east side of High Ditch. They will also expand the Tanglewood RSID for their fire suppression system for the two new lots with frontage on South 84th Street West.
4. 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.
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. 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.
7. 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 / STAKE HOLDERS
Planning staff gave a brief presentation to the planning board of the proposed Homestead Acres Subdivision. Board President Woods asked if there were any questions from the board for staff. A question was asked if the lots could be subdivided in the future. Staff responded that it is not mentioned in the SIA and if they are allowing it there needs to be easement documents for the private road stating the burden can be increased. It was also asked if there would be sidewalks in the subdivision. Staff stated they are outside of zoning and there are no sidewalks required in the County outside of zoning. A question about the ditch and if shares of water are to be distributed out to the new lots. Staff responded that the SIA states they are going to provide water to each lot for spray irrigation, there will be no flood irrigation. A question about handling storm water was asked. Staff noted that the developer is required to maintain storm water runoff on site. The developer will need to submit a proposed stormwater management plan to MDEQ for review and approval as required by Condition #2. Storm water will most likely be handled with swales along roadsides, and as large as the lots are percolation would still be a big part of the management of storm water. There were no other questions for staff. Board President Woods asked if the agent or applicant would like to speak.
Kolten Knatterud, agent for Levi Britton, spoke to the Board. He stated that there will be two detention ponds on the site for storm water management. One on the northeast edge by 80th Street West and another one on the northeast side of Fire Tank Road in the new subdivision. The HOA documents have neared completion and there will not be any allowance for further subdivision of the lots. There will be piping for the water to get from the ditch to the homes in the subdivision. There will be a riser at each lot for the homeowners to connect to so they can use it for spray irrigation. There will be a water association that each lot will be a member of to maintain the irrigation system.
There were questions from the Board about the irrigation system and the ground water and how it effects the proposed septic systems. Mr. Knatterud stated that the irrigation system would be gravity fed and then home owners can put pumps on their connection for irrigation purposes. He also answered that the water table was low enough in the area they will not have any trouble with the septic systems in the proposed subdivision.
Mr. Knatterud also gave a presentation to further show the reasoning for asking for the variance to not provide a road connection to the south. He stated the slopes are too great to build a road on most of the southern edge of the proposed subdivision. The area with the least slope is near the eastern end of the subdivision. The developer also feels that the 20-acre parcel is the most likely to develop and if they were to connect to it the future developer may not want to use the connection. They showed different ways that the 20 acres could be developed and not be required to have a second way in or out.
Mr. Knatterud stated the adjacent 133 acre parcel has more topographical barriers than the east half of the 20-acre piece. PCSD Director Wyeth Friday clarified that the County requires developers to build all roads in their subdivisions, including portions that would connect to undeveloped lands. Mr. Knatterud said this is not what he understood during the pre-application meeting. County Public Works Engineering staff member Darin Swenson stated past County policy is if a connection is needed the road is constructed by whomever is currently developing. President Woods recommended the applicant meet with Planning Staff and County Public Works prior to the public hearing meeting to further discuss the road connection requirements. Board Member Dave Goodridge asked the reasoning for the connection requirement to the raw land. Dave Green said it is required by subdivision regulations to connect neighborhoods and not create neighborhood islands. He also added that the requirement does not state where the connection is to be made, just that a connection is made between developed and undeveloped land for future access, traffic circulation and safety.
A board member asked if there is a stipulation on the parcel size for the connection requirement. Mr. Green said the subdivision regulations do not specify minimum parcel sizes for the connection requirement.
Staff and the developer held an internal meeting on May 14 and discussed the potential of environmental issues on the property to the south in regards to the variance request. The applicant and agent said they would be getting information to staff that shows the land to the south presents significant development challenges and they would be pulling together data to demonstrate that claim. At the time of this memo, the developer had not provided new information in regards to the variance. If information is provided by the developer it will be provided to the Planning Board prior to the meeting.
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, and provide a safe irrigation water delivery system, prior to final plat approval the applicant will add language in the SIA under the heading VIII Irrigation defining how the irrigation water will be made available to each lot east of the High Ditch.
2. To ensure public health and safety, prior to final plat approval the applicant will receive DEQ approval for the proposed storm water management system and for the proposed water and septic systems for each lot.
3. To protect public health and safety and provide for future Dry hydrant maintenance, prior to final plat approval the applicant will expand the existing RSID for the dry hydrant system in Shop World subdivision for the 14 lots on the east side of High Ditch. They will also expand the Tanglewood RSID for their fire suppression system for the two new lots with frontage on South 84th Street West.
4. 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.
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. 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.
7. 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 / STAKE HOLDERS
Planning staff gave a brief presentation to the planning board of the proposed Homestead Acres Subdivision. Board President Woods asked if there were any questions from the board for staff. A question was asked if the lots could be subdivided in the future. Staff responded that it is not mentioned in the SIA and if they are allowing it there needs to be easement documents for the private road stating the burden can be increased. It was also asked if there would be sidewalks in the subdivision. Staff stated they are outside of zoning and there are no sidewalks required in the County outside of zoning. A question about the ditch and if shares of water are to be distributed out to the new lots. Staff responded that the SIA states they are going to provide water to each lot for spray irrigation, there will be no flood irrigation. A question about handling storm water was asked. Staff noted that the developer is required to maintain storm water runoff on site. The developer will need to submit a proposed stormwater management plan to MDEQ for review and approval as required by Condition #2. Storm water will most likely be handled with swales along roadsides, and as large as the lots are percolation would still be a big part of the management of storm water. There were no other questions for staff. Board President Woods asked if the agent or applicant would like to speak.
Kolten Knatterud, agent for Levi Britton, spoke to the Board. He stated that there will be two detention ponds on the site for storm water management. One on the northeast edge by 80th Street West and another one on the northeast side of Fire Tank Road in the new subdivision. The HOA documents have neared completion and there will not be any allowance for further subdivision of the lots. There will be piping for the water to get from the ditch to the homes in the subdivision. There will be a riser at each lot for the homeowners to connect to so they can use it for spray irrigation. There will be a water association that each lot will be a member of to maintain the irrigation system.
There were questions from the Board about the irrigation system and the ground water and how it effects the proposed septic systems. Mr. Knatterud stated that the irrigation system would be gravity fed and then home owners can put pumps on their connection for irrigation purposes. He also answered that the water table was low enough in the area they will not have any trouble with the septic systems in the proposed subdivision.
Mr. Knatterud also gave a presentation to further show the reasoning for asking for the variance to not provide a road connection to the south. He stated the slopes are too great to build a road on most of the southern edge of the proposed subdivision. The area with the least slope is near the eastern end of the subdivision. The developer also feels that the 20-acre parcel is the most likely to develop and if they were to connect to it the future developer may not want to use the connection. They showed different ways that the 20 acres could be developed and not be required to have a second way in or out.
Mr. Knatterud stated the adjacent 133 acre parcel has more topographical barriers than the east half of the 20-acre piece. PCSD Director Wyeth Friday clarified that the County requires developers to build all roads in their subdivisions, including portions that would connect to undeveloped lands. Mr. Knatterud said this is not what he understood during the pre-application meeting. County Public Works Engineering staff member Darin Swenson stated past County policy is if a connection is needed the road is constructed by whomever is currently developing. President Woods recommended the applicant meet with Planning Staff and County Public Works prior to the public hearing meeting to further discuss the road connection requirements. Board Member Dave Goodridge asked the reasoning for the connection requirement to the raw land. Dave Green said it is required by subdivision regulations to connect neighborhoods and not create neighborhood islands. He also added that the requirement does not state where the connection is to be made, just that a connection is made between developed and undeveloped land for future access, traffic circulation and safety.
A board member asked if there is a stipulation on the parcel size for the connection requirement. Mr. Green said the subdivision regulations do not specify minimum parcel sizes for the connection requirement.
Staff and the developer held an internal meeting on May 14 and discussed the potential of environmental issues on the property to the south in regards to the variance request. The applicant and agent said they would be getting information to staff that shows the land to the south presents significant development challenges and they would be pulling together data to demonstrate that claim. At the time of this memo, the developer had not provided new information in regards to the variance. If information is provided by the developer it will be provided to the Planning Board prior to the meeting.
VARIANCES REQUESTED
A variance is being requested for this subdivision. The applicant has requested a variance from Yellowstone County Subdivision Regulations Section 4.6.B.1 Relation to Undeveloped Areas. When a proposed subdivision adjoins undeveloped land, streets within the proposed subdivision shall be arranged to allow access to the adjoining undeveloped land.
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
- Pre-application meeting December 5, 2019
- Preliminary plat application submitted to Planning Division March 2, 2020
- Departmental review meeting March 19, 2020
- Preliminary plat resubmitted March 26, 2020
- 30 Day delay due to COVID-19 Virus and adjustments to public meeting requirements
- Planning Board plat review May 12, 2020
- Planning Board public hearing Wednesday May 27, 2020
- Preliminary plat to Yellowstone County Board of County Commissioners June 16, 2020
- 60 working-day preliminary plat review period ends June 26, 2020
PLAT INFORMATION
General location: Approximately 1,500 feet south of the intersection of South 80th Street West and King Avenue West
Legal Description: Parcel 3 of COS 3676
Owner/Subdivider: Levi Britton
Engineer and Surveyor: IMEG corp
Existing Zoning: Outside zoning
Existing land use: Farm Land
Proposed land use: Residential
Gross and Net area: 71.75 acres / 70.94 acres
Proposed number of lots: 16
Lot size: Max: 6.07 acres
Min.: 2.49 acres
Parkland requirements: The required parkland dedication is 1.56 acres; the applicant is proposing to make a cash in lieu contribution.
Legal Description: Parcel 3 of COS 3676
Owner/Subdivider: Levi Britton
Engineer and Surveyor: IMEG corp
Existing Zoning: Outside zoning
Existing land use: Farm Land
Proposed land use: Residential
Gross and Net area: 71.75 acres / 70.94 acres
Proposed number of lots: 16
Lot size: Max: 6.07 acres
Min.: 2.49 acres
Parkland requirements: The required parkland dedication is 1.56 acres; the applicant is proposing to make a cash in lieu contribution.