Preliminary Plat – Fischer Subdivision
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Date: 06-30-15
PRELIMINARY PLAT – STAFF REPORT FOR
MUSSELSHELL COUNTY COMMISSIONERS
FISCHER 2-LOT SUBDIVISION
Type of Subdivision: Expedited First Minor Subdivision
Name of Subdivision: Fischer Subdivision
Number of Lease Spaces: 2 lots
Legal Description:
Tract 1 C/S 2013-5RB in NW1/4 of Section 20 T6N R24E,
Musselshell County
Land Owner(s):
Dorothy Fischer
591 Dean Creek Road
Lavina, MT 59046
Name of Subdivider:
Same as Owner
Preparer:
Sanderson Stewart
1300 N. Transtech Way
Billings, MT 59102
Peter Knapp, Surveyor
Sanderson Stewart
Public Hearing:
Not Applicable to Minor Subdivisions
Staff Recommendation on Subdivision:
Approve with Conditions
Submitted by:
06/30/15 Anne Cossitt
Musselshell County Subdivision Administrator
STAFF REPORT for FISCHER 2-LOT EXPEDITED MINOR SUBDIVISION
(06/30/15) Page 1 of 13
INTRODUCTION
This report presents findings of fact and recommended conditions of approval for the subdivision. It is organized as follows:
I. Findings of Fact
• Project Summary
• Findings based on Review Criteria in the Musselshell County Subdivision Regulations (MCSR) and the Montana Subdivision and Platting Act (MSPA)
II. Recommendations
I) FINDINGS OF FACT for the Subdivision
A) Project Summary
The Preliminary Plat shows the division of Tract 1 C/S 2013-SRB into two lots.
STAFF REPORT for FISCHER 2-LOT EXPEDITED MINOR SUBDIVISION
(06/30/15) Page 2 of 13
1) Project Characteristics
Location:
Approximately 13 air-miles southwest of Roundup on Dean Creek Road
Size and Proposed Use:
43.6 acres proposed as two residential lots of 20.01 acres and 23.6 acres
Subdivision Population:
One residence existing on Lot 1; the creation of another lot would increase population by one household
Present Land Use:
Residential, agricultural (hay production)
Terrain / Topography:
Gradual slope on north portion of property (where there appears to have been hay production in the past) and a forested coulee in the southern portion
Access:
Dean Creek Road
Utilities:
Gas – individual propane tanks
Electric – Fergus Electric Cooperative
Telephone – individual cell carriers (Mid-Rivers also available)
Services:
Fire – Dean Creek Volunteer Fire Department
STAFF REPORT for FISCHER 2-LOT EXPEDITED MINOR SUBDIVISION
(06/30/15) Page 3 of 13
Water / Sewer:
Lot 1 has an existing house, well, and septic/drainfield.
Lot 2 has a one-room cabin with sleeping loft, a water cistern with hand-pump, and a privy.
In January 2015, Central Montana Health District approved a sealed (vault) pit privy to replace the then-existing unsealed pit privy.
The waiver specifies that if any changes are made to the existing water supply or facilities within the existing cabin, a septic and drainfield shall be required.
Schools:
Roundup School District. Also within the Lavina busing district – students can attend school in Lavina, if approved by both Roundup and Lavina school districts.
Law Enforcement:
Musselshell County Sheriff
Ambulance:
Musselshell County Ambulance
Solid Waste:
Musselshell County Refuse District (no collection in county outside city of Roundup)
Adjacent Land Uses:
North: Large lot residential and agriculture (dry land crop)
West: Agriculture (grazing)
South: Large lot residential and agriculture (crop)
East: Large lot residential
Zoning:
None
Annexation:
N/A
Covenants / Restrictions:
Existing restrictions were placed on the land in 1975 with Document #219884.
The document restricts commercial and business activities and sets requirements for minimum square footage and water supply and sewage systems.
Musselshell County is not a party to the restrictions and is not responsible for their enforcement.
Proposed:
None
Special Improvement District:
None
STAFF REPORT for FISCHER 2-LOT EXPEDITED MINOR SUBDIVISION
(06/30/15) Page 4 of 13
2) Proposal
Dorothy Fischer, the owner, proposes to create two lots from her existing tract of record, Tract 1 C/S 2013-SRB in NW1/4 of Section 20 T6N R24E.
The land borders Dean Creek Road and is on mostly level terrain, with a wooded coulee on the south side.
This subdivision meets the Musselshell County criteria in Section 3.3.1 for review as an expedited minor subdivision:
i. No more than one additional lot is created and the remaining land is greater than 160 acres in size or two lots are created from a tract of record.
Only one additional lot is being created and there is no “remaining parcel.”
ii. Each lot is 20 acres or greater in size.
Yes, both lots are greater than 20 acres each.
iii. No variances are requested or required.
No variances are needed.
iv. No land is dedicated to the public for parkland, playgrounds, or other public uses and no additional streets will be created.
Complies. No parkland dedication is required for minor subdivisions. No new streets or roads are needed for this subdivision.
v. It is a first minor subdivision from a tract of record.
The original tract of record created with survey was established as Tract 463 of C/S 1975-2, filed on March 18, 1975.
Tract 463 was 80 acres, the W2 NW4 of Section 20 T6N R24E.
Survey 1975-2 did not use any exemptions to create tracts.
The tracts would have been exempt by definition, since in 1975 a subdivision was defined as creating parcels of less than 20 acres.
In 2013, Tract 463 was altered to become Tract 1 C/S 2013-5RB per the exemption requirements under 76-3-207, MCA.
Therefore, the original tract of record as it existed on July 1, 1973, has never been subdivided, nor has it had more than five parcels created using exemptions under 76-3-201 or 76-3-207, MCA.
Site Visit Findings:
No site visit was conducted for this 2-lot minor subdivision.
The review considered documents submitted by Sanderson Stewart, information