Staff recommends the Planning Board recommend to the Board of County Commissioners conditional approval and adoption of the Findings of Fact.

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.
2. To protect public safety and to ensure future understanding of road use and maintenance, prior to final plat approval, the applicant will submit easement documents and a plan demonstrating how the roads will be maintained by the subdivision residents.
3. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings to BUFSA for review and approval. Once installed the applicant will request BUFSA to test the system to ensure it works correctly and get a sign off from BUFSA. The applicant will also create an RSID for maintenance of the dry hydrant system.
4. To protect public safety and to ensure future maintenance of the parkland, prior to final plat approval, the applicant will create and RSID for parkland maintenance for this subdivision.
5. 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.
6. 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. 
7. 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.
8. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, including laws regarding moving houses onto or off the property, and the laws and Administrative Rules of the State of Montana. 

On February 1, 2021, the Planning Division received an application for major plat approval for the proposed The Grove Subdivision.  The property is generally located on the southwest corner of the intersection of Hesper Road and South 64th Street West. This subdivision would create 26 lots from a 24.523-acre parcel of land.  The applicant is proposing to develop residential subdivision. The land is outside of zoning and is currently farmland.

VARIANCES REQUESTED
No variances are requested for this subdivision.

PROCEDURAL HISTORY

• Pre-application meeting October 8, 2020
• Completeness review submitted January 13, 2021
• Preliminary plat application submitted to Planning Division February 1, 2021
• Departmental review meeting February 18, 2021
• Preliminary plat resubmitted February 25, 2021
• Planning Board plat review March 9, 2021
• Planning Board public hearing March 23, 2021
• Preliminary plat to Yellowstone County Board of County Commissioners April 20, 2021
• 60 working-day preliminary plat review period ends April 27, 2021

A brief presentation was given to the planning board about the subject subdivision.  After the presentation, Planning Board President Woody Woods asked if there were any questions for staff or the agent. One board member asked if the property owners will have water rights.  Kolten Knatterud, agent for the applicant, stated there will be no water rights given to the new lots within the subdivision. The current DNRC application assumes homeowners will irrigate with on-site wells.

President Woods noted the HOA  will be responsible for road maintenance and asked if assessments will be done as maintenance is needed.  Staff pointed out that condition #2 requires the applicant to demonstrate how the HOA will fund the road maintenance.  Woods noted the installation of a dry hydrant and a well to provide the water supply is a good choice for fire suppression.  Another question from a board member was whether DEQ has concerns with septic systems near Canyon Creek.  Mr. Knatterud stated that the 4-5 lots along the west edge and southwest corner of the subdivision were within a ¼ mile of the creek and will need an evaporation system. An additional question was asked about storm drainage systems using the ditches and pointed out the need that the ditches are constructed to be used in this way.  Mr. Knatterud stated the storm frequency to design for has been increased per the new DEQ requirements and the ditches will be sized to meet that current requirement.

One of the purposes 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.

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 April 27, 2021. 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

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