Commission approves Whiskey District preliminary plat and grants floodplain variance with connector-trail condition

The Gallatin County Commission on Oct. 28 approved the Whiskey District condominium preliminary plat and granted a variance to allow five existing buildings whose lowest floor elevations fall short of the county's two-foot freeboard requirement in the 100-year floodplain.

Christopher Scott, senior planner with Gallatin County Planning, told commissioners the 40.33-acre site contains 71 residential units in 19 buildings and that the applicant had satisfied the county's open-space requirement (20% or 8.07 acres) by dedicating 8.16 acres of open space and parkland. Scott said staff's flood-hazard evaluation showed most mapped flood depths on the site are shallow (generally less than one foot) and that five structures do not meet the two-foot freeboard standard but that the planning board nonetheless recommended the variance.

Brad Hammerquist, attorney for the applicant, said the property already received prior BLR approval and the subdivision simply conveys ownership options for existing units, adding that "there are no new impacts associated with this project, no new construction, just simply creating new lots." The applicant's team told the commission DEQ has reviewed water and sewer work and that stormwater comments have been addressed pending final subdivision approval.

Neighbor Al Swanline opposed the subdivision during public comment, urging the commission to deny the variance and pleading that the applicant dedicate the remainder of the property as permanent open space. Swanline said subdivision and sale of front lots could leave remaining lots at risk of future rezoning or additional development and argued the application created noncompliant parcels by front-loading density under the BLR process.

Planning staff and the applicant disputed Swanline's contention that wetlands would be impacted, saying wetlands were delineated and the proposal does not propose wetland impacts. Christopher Scott and the applicant emphasized that any future increase in density would require a change to zoning or a further application to the county.

During deliberations commissioners asked the applicant to add a connector trail through the park and open-space lots that would provide public pedestrian access to the north along one side of Dry Creek, and they directed staff to craft language memorializing that trail easement as a condition on the final plat. Commissioner motions adopted staff findings, approved the variance from section 6.a.7 of the Gallatin County subdivision regulations to allow existing development within the 100-year floodplain, and approved the Whiskey District preliminary plat subject to staff conditions (including the amended condition to dedicate interior rights-of-way and the connector-trail requirement).

Commissioners recorded their approval with recorded ‘‘Aye’’ votes and the commission closed the item. The commission also directed the applicant to work with the county and partners (including Gallatin Valley Land Trust if needed) on a trail plan and to show required trail easements at final plat.

What happens next: the approvals are preliminary and include conditions to be satisfied on final plat; the county noted that further development or any increase in density would still require zoning changes or separate approvals.