On September 1, 2016, Performance Engineering and Consulting on behalf of property owner Production Consulting, LLC, applied for preliminary major plat approval for Bar 11 Subdivision.  The proposed plat creates 162 lots for single-family residences on approximately 206.22-acres of land. The subject property is generally located approximately 0.25 miles west of Bitterroot Drive, about one mile north of Highway 312, and north of the Billings Heights.  The property is zoned Residential 9600. The Yellowstone County Board of Planning will conduct a public hearing at this meeting. The proposal will go to the Board of County Commissioners for action on November 15, 2016.
 

Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Bar 11 Subdivision and adopt the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL

Planning staff recommends the following conditions of approval:

1. To provide for the correct installation of water lines, prior to final plat approval the applicant will provide a signed letter from the Heights Water District that the applicant has met all the requirements of the Heights Water District for installation of water lines for the proposed subdivision. 
2. To minimize the effects on the natural environment, prior to final plat approval the applicant will obtain approval from the MDEQ for the proposed septic system placement.  They will also receive approval for the storm water systems from the MDEQ and meet the requirements of Yellowstone County for Storm Water Management. 
3. To mitigate impacts on local services, prior to final plat approval the subdivider shall create a Rural Special Improvement District – Maintenance (RSID-M) for future maintenance of the new public roads serving the subdivision. 
4. To provide proper documentation for creation of roads outside the subdivision, prior to final plat approval the applicant will provide all documents for the required road rights of way for Plateau Road, Bull Park and Hawthorn Lane that extend outside of the subdivision but will provide access and utility services to the subdivision. 
5. To mitigate impact to the parks used in the subdivision and to ensure park land is able to be maintained, prior to final plat approval the applicant will create a Parks Maintenance District to provide for the maintenance of new parks in the subdivision. 
6. To minimize the effects on local services, prior to final plat approval the subdivider shall provide written verification that the US Postal Service has approved the mail facilities and their location for this subdivision. 
7. To minimize the effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be approved by the County Weed Department.  
8. To provide for the installation of the needed private utilities within the subdivision, prior to final plat approval the applicant will coordinate with private utility companies and provide easements on the plat, if needed, and easement documents for those easements. 
9. 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.    
10. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana.

None requested

Staff provided a brief presentation about the proposed subdivision. After the presentation, Board President Darell Tunnicliff opened the discussion to questions from the board.

Board Members had questions about the proposed roads outside of the subdivision and how they provided access to the subject property. The Board asked if there are rights of way currently in place so the roads can be constructed.  Staff responded that it was not known if the rights of way were in place, but that the applicant will need road right of way for Bull Park or Hawthorn Lane for the development's second access before a final plat could be approved.  In each case, the rights-of-way would need to be dedicated to the public use for roads and utility corridors.

A Board member had an additional question about the domestic water and how a county subdivision would access Heights Water when it was not located in the City. Staff explained that the Heights Water District was in place before the Heights was part of the City of Billings and the District provides water to many properties that are not within the City Limits. The District is a County entity that provides water to the Heights area and to developments that are within the District's boundary.  This subdivision will have to petition to be included in the Heights Water District boundary.  A final question from the board was concerning the roads and what would happen if the applicant was not be able to obtain the needed rights of way. A Board Member asked if the County would use eminent domain to obtain them. Staff responded that the County would not use eminent domain to obtain the rights of way because this is not a County project that has anything to do with an overriding public need. 

The applicants’ agent, Scott Aspenlieder, stood to speak about the application.  He stated that they have talked with the affected property owners about the needed roads through the properties and they have Plateau Road and Bull Park road rights-of-way resolved and just need to complete the paperwork for them.  They are still working on Hawthorn Lane right-of-way but feel it will be resolved shortly.  There were no further questions from the board for Mr. Aspenlieder.