Staff recommends the Planning Board conduct a public hearing and recommend to the Yellowstone County Board of County Commissioners conditional approval of the preliminary plat of Shop World 2 Subdivision and adoption of the Findings of Fact as presented in the staff report.

On May 2, 2022, the Planning Division received an application for major preliminary plat approval for the proposed Shop World 2 Subdivision.  The property is generally located south of Monad Road and east of Eggebrecht Lane. This subdivision would create 186 lots from a 49.04-acre parcel for private storage garage development. The land is not used for farming and it is also outside of zoning.

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.

1. To protect public health and safety, prior to final plat approval the applicant will receive approval from the MDEQ for the proposed wells/cisterns, septic systems and the proposed storm water management.
2. To protect public health and safety and provide written and visual documentation of which lots will have water and septic systems available to them, prior to final plat approval, the applicant will list which lots will have water and septic systems in the SIA and identify them on the plat with the final plat.
3. To ensure maintenance of Monad Road, which provides access to this subdivision, prior to final plat approval the applicant will create an RSID for the maintenance of Monad Road.
4. To provide for clarification of allowed public vehicles on the private roads and to provide documentation showing who is responsible for the maintenance of private roads, prior to final plat approval the applicant will provide easement documents for the private roads that allow emergency vehicle access and private utility access. Maintenance access for the fire dry hydrant shall also be included in this easement. Further, the applicant will create an HOA for the private road maintenance and provide documentation defining how fees will be assessed and collected. 
5. To protect public health and safety and possibly provide a proportional share of the cost of intersection/road improvements to the County, prior to final plat approval, the applicant will enter in the SIA under the heading III Transportation information regarding the TIS and any improvement they may be required to provide a proportional share of cost of upgrade to the County.
6. To protect public health and safety and provide the correct water tank and access to the tank, prior to final plat approval the applicant will provide construction drawings to the Billings Fire Department for the dry hydrant system and receive approval before construction begins.  The system must be tested and approved by the Billings Fire Department after installation, with a letter to show the approval from the Billings Fire Department. The applicant will also create an RSID-M for the maintenance of the dry hydrant system.
7. 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.
8. 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. The applicant will also check and provide documentation by photos or other means acceptable to the County Weed Department that the property has been checked for the presence of Russian Knapweed or Spotted Knapweed. Should either be present the applicant will take proper measures to eliminate the problem before any construction, in coordination with County Weed Department.
9. To ensure the placement of easements for private utility providers, prior to final plat approval, the applicant will coordinate with private utility companies to provide needed easements within the proposed subdivision. MDU has requested 10-foot-wide easement along front property lines.
10. 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.
11. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana.  

PLANNING BOARD DISCUSSION
Staff provided an overview presentation of the subdivision. President Cook called for questions and discussion from the members of the Board. Board member Woods asked for clarification whether this subdivision is for residential or commercial development. Staff stated this is a commercial subdivision similar to Shop World I located on 80th Street West.  Board member Woods pointed out that the lot sizes may be too small for water and sewer systems. Staff deferred to the applicants' agent for an answer to the comment about water and septic. The Board asked for clarification about where the nearest paved road is located. The nearest paved road is at the intersection of King Avenue West and South 72nd Street West. Paving of 72nd Street West is being discussed by the applicant and County Public works for options. 

Kolten Knatterud, IMEG Engineering, agent for the applicant, stated when this property was obtained there was 30 feet already dedicated for Monad Road on this property. The applicant worked with the neighbor to the north, and they agreed to provide an additional 30 feet on the northern property. This is the required right-of-way width for Monad Road in this area. With the additional 30 feet of road width provided by the landowner to the north, the width of the Monad right-of -way varies from 60 to 70 feet out to South 72nd Street West. Mr. Knatterud said conversations regarding paving of South 72nd Street West are occuring between the developer and the Yellowstone County Public Works Department. They are in discussions to see if the cost of paving could be split between the developer and the County.  Regarding the water and septic approvals in this subdivision, Mr Knatterud stated should systems be approved by DEQ they would be granted as one and two unit businesses, a sink and toilet, no other uses allowed and with no living facilities. They are working to determine where the separation of the drain fields and the groundwater level would be located on the parcel. Mr. Knatterud said they would like to discuss Condition #2 with Planning staff for clarification. Monica Plecker commented on the subdivision regulation requirements for condominium contemplation during the subdivision review process and referenced how this had created issues with the existing Shop World 1 development. If condominiums are possible in this development, it needs to be addressed to make certain condominiums are anticipated to avoid them being created without the proper process and creating issues for future lot owners. Mr. Knatterud stated there is a section in the SIA that specifically anticipates condominiums since it has been a problem with Shop World I. Monica added this information needs to be included on the face of the plat.

There was no other discussion during the plat review. The Public Hearing will be held on June 28th.

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 July 26, 2022. 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

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

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.