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Planning Board
Date:	05/11/2021
Title:	Stone Creek Subdivision - Preliminary Major Plat
Presented by:	Monica Plecker
Department:	Planning & Community Services
Presentation:	Yes

Information

RECOMMENDATION

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

VARIANCES REQUESTED
No variances are requested for this subdivision.

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.

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.
To protect public health and safety and ensure the subdivision water system works properly, prior to final plat approval, the applicant will provide documentation outlining how the system will be maintained and who will be responsible for ensuring it is maintained.
To protect public health and safety and keep public roads without obstructions, prior to final plat approval, the applicant will obtain written permission from County Public Works for any type of obstruction, sign or other item, in the public right of way. This requirement will be included in the SIA under the heading III Transportation A. Streets.
To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings to Billings Fire Department for review and approval of the dry hydrant system. Once installed, the applicant will request Billings Fire Department test the system to ensure it works correctly, and the applicant will obtain a sign-off from Billings Fire Department stating it is functioning correctly. The applicant will also create an RSID for the dry hydrant system.
To protect public safety and to ensure future maintenance of the parkland, prior to final plat approval, the applicant follow the requirements of Section 10.6 Yellowstone County Subdivision Regulations to determine the correct amount for the cash in lieu contribution for parkland. The applicant will create and RSID for parkland maintenance for this subdivision. The parkland will also be planted and irrigated to be usable parkland for the residents of the subdivision.
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.
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.
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.
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.

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

On April 1, 2021, the Planning Division received an application for major plat approval for the proposed Stone Creek Subdivision. The property is generally located on the north east corner of the intersection of Neibauer Road and South 64th Street West. This subdivision would create 126 lots from an 80.122-acre parcel of land. The applicant is proposing to develop a residential subdivision, the land is outside of zoning. The land is currently farmland.

PROCEDURAL HISTORY

Pre-application meeting November 12, 2020
Preliminary plat application submitted to Planning Division April 1, 2021
Departmental review meeting April 15, 2021
Preliminary plat resubmitted April 22, 2021
Planning Board plat review May 11, 2021
Planning Board public hearing May 25, 2021
Preliminary plat to Yellowstone County Board of County Commissioners June 22, 2021
60 working-day preliminary plat review period ends June 25, 2021

PLAT INFORMATION
General location:                                           Northeast corner of the intersection of Neibauer Road and South 64th Street West

Legal Description:                                          S20, T01 S, R25 E, W2SW

Owner/Subdivider:                                         Regal Land Development, Inc

Engineer/Surveyor:                                        Performance Engineering, LLC

Existing Zoning:                                             outside zoning

Existing land use:                                           Farmland

Proposed land use:                                          Residential

Gross and Net area:                                        80.122 acres / 57.517 acres

Proposed number of lots:                               126

            Max. lot size:                                      1.02 acres
            Min. lot size:                                       0.34 acres
Parkland requirements:                                  Their required parkland dedication is 5.264 acres; the applicant is proposing to dedicate 3.604 acres of parkland. The balance is to be a cash-in-lieu contribution.

STAKEHOLDERS

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on May 25.

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 subdivision ends on June 25, 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 Plan

FISCAL EFFECTS

This subdivision will have no fiscal impact on the City/County Planning Division.

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