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Planning Board
Date: 05/09/2023
Title: Highlands Ranch Subdivision, 2nd Filing - Preliminary Major Plat
Presented by: Monica Plecker
Department: Planning & Community Services
Presentation: Yes

Information

RECOMMENDATION

Staff recommends the Planning Board forward to the Board of County Commissioners a recommendation to conditionally approve the preliminary plat of Highlands Ranch Subdivision, 2nd Filing, and adopt the Findings of Fact as presented in the staff report.

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

On April 3, 2023, WWC Engineering, Tom and Kim Troop / Highlands Ranch LLC., applied for preliminary major plat approval of Highlands Ranch Subdivision, 2nd Filing. The subject property is generally located on the South of Highlands Ranch Road, southeast of Shorey Road and east of Molt Road. This parcel of land is outside of zoning. The land is currently dryland grass and shrub land.

VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.

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 add language in the SIA under the heading ‘Conditions that run with the land” to alert future lot owners that they must receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.
  2. To provide for the correct cash in lieu contribution, prior to final plat approval, the applicant will follow Section 10.6 Determining Cash Contributions for Parkland, for the correct amount to be paid to Yellowstone County parks department.
  3. 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.
  4. 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. 
  5. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
  6. The final plat shall comply with all requirements of the Yellowstone County Subdivision Regulations, rules, regulations, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.
  7. To protect public health and safety, and minimize the effect on local services, prior to Final Plat approval, the applicant shall complete the necessary paperwork with Yellowstone County Public Works and Yellowstone County Finance Departments to expand and include the newly platted lots within the existing RSID which maintains the 30,000 gallon dry hydrant.
PROCEDURAL HISTORY
  • Pre-application meeting January 19, 2023
  • Preliminary plat application submitted to Planning Division on April 3, 2023
  • Departmental review meeting April 20, 2023
  • Preliminary plat resubmittal April 27, 2023
  • Planning Board plat review May 9, 2023
  • Planning Board public hearing May 23, 2023
  • Preliminary plat to Board of County Commissioners, June 13, 2023
  • 60 working-day preliminary plat review period ends June 27, 2023
PLAT INFORMATION

General location:                                South of Highlands Ranch Road, southeast of Shorey Road and east of Molt Road

Legal Description:                              Lots 4 and 5A, Block 1, The Highlands Estates Subdivision

Owner/Subdivider:                             Tom and Kim Troop / Highlands Ranch LLC

Engineer and Surveyor:                      WWC Engineering

Existing Zoning:                                 Outside zoning

Existing land use:                                Vacant native grassland

Proposed land use:                              Residential

Gross and Net area:                             57 acres

Proposed number of lots:                    10

Lot size:                                               Max:    10.72 acres
                                                            Min:     3.97 acres

Parkland requirements:                       Parkland dedication required is 0.75 acres, the applicant will be providing a cash in lieu contribution for parkland.

STAKEHOLDERS

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on May 23, 2023.

ALTERNATIVES

In accordance with state law, the Board of County Commissioners has 60 working days to act upon this major preliminary plan. The 60 working day review period for the proposed subdivision ends on June 27, 2023. State and County subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The County may not unreasonably restrict an owner's ability to develop land if the subdivider provides evidence that any identified adverse effects can be mitigated. Within the 60 working day review period, the Board of County Commissioners is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plan

FISCAL EFFECTS

This plat will have no fiscal impacts on the City/County Planning Division.

SUMMARY

The purpose of the County’s subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects.  Various County departments, private service/utility providers and the affected school district(s), have reviewed this application and provided input on effects and mitigation.  The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts. In this case, there were found to be some impacts from this proposed subdivision.

Attachments