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Planning Board
Date:	01/28/2025
Title:	Platinum Commercial Park Subdivision - County Major Subdivision - Pubic Hearing
Presented by:	David Green
Department:	Planning & Community Services
Presentation:	Yes

Information

RECOMMENDATION

Staff recommends the Planning Board forward a recommendation of conditional approval to the Board of County Commissioners for the major preliminary plat of Platinum Commercial Park Subdivision, approve the variance requests, and adopt the Findings of Fact as presented in the staff report.

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

On December 2, 2024, Performance Engineering, applied for preliminary major plat approval of Platinum Commercial Park Subdivision. The subdivision will create 14 lots for commercial/industrial development. The subject property is generally located northeast of the intersection of South 72nd Street West and Danford Road. This parcel of land is outside county zoning. Historically, the land has been used for farming/agriculture.

VARIANCES REQUESTED
The applicant has requested variances from Section 4.6.B.2 the Yellowstone County Subdivision Regulations, which outlines connection to undeveloped/underdeveloped land surrounding the proposed subdivisions. The maximum distance between those connections is 600 feet Section 4.6.B.1. Staff is recommending approval of the variance requests. Further explanation and analysis can be found in 'Attachment A.'

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. The applicant will also create an RSID to maintain the community wastewater system.

2. To provide a maintenance mechanism for the new public roads within the subdivision and to protect public health and safety, prior to final plat approval, the applicant will petition to create an RSID for the future maintenance of the roads.

3. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings of the dry hydrant system to Billings Fire Department for review and approval. Once installed, the applicant will request Billings Fire Department test the system to ensure it works correctly and get a sign off from Billings Fire Department. The applicant will also create an RSID for the dry hydrant system.

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 lots.
5. Prior to final plat approval, the Traffic Impact Study and any identified improvements shall be completed and approved by the Public Works Department.

6. 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.

7. The final plat shall comply with all requirements of the Yellowstone County Subdivision Regulations, rules, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

Pre-application meeting October 10, 2024
Preliminary plat application submitted to Planning Division on December 2, 2024
Planning Board plat review meeting January 14, 2025
Planning Board public hearing meeting January 28, 2025
Preliminary plat to Board of County Commissioners, February 18, 2025
60 working-day preliminary plat review period ends February 28, 2025

PLAT INFORMATION

General location:                                Northeast corner of 72nd Street South and Danford Road

Legal Description:                              SE 1/4 SW 1/4 SECTION 30, TOWNSHIP 1 SOUTH, RANGE 25 EAST

Owner/Subdivider:                             KE Construction

Engineer and Surveyor:                      Performance Engineering

Existing Zoning:                                 No zoning

Existing land use:                                Active Farmland

Proposed land use:                              Commercial

Gross and Net area:                             67.311 acres / 54.082 acres

Proposed number of lots:                    14

Lot size:                                               Max:    5.68 acres
                                                            Min.:    2.63 acres

Parkland requirements:                       Parkland dedication is not required as this is a commercial subdivision.

STAKEHOLDERS

There are no stakeholder comments at this time. A public hearing is scheduled for the Planning Board meeting of January 28, 2025. Comments will be taken at that time. The Planning Division has received no public comments or questions regarding the proposed subdivision at this time.

ALTERNATIVES

In accordance with state law, the Board of County Commissioners has 60 working days to act upon this major preliminary plat. The 60 working day review period for the proposed plat ends on February 28, 2025. 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 Plat

FISCAL EFFECTS

The development of this subdivision will have no fiscal impact on the 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.

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