View Agenda Item

Planning Board
Date:	09/13/2022
Title:	Shop World 3 - Preliminary Major Plat
Presented by:	David Green
Department:	Planning & Community Services
Presentation:	Yes

Information

RECOMMENDATION

Staff proposes the Planning Board recommend to the Board of County Commissioners the preliminary plat of Shop World 3 Subdivision, be conditionally approval, adopt the Findings of Fact as presented in the staff report and deny the variances requested.

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

On August 1, 2022, IMEG applied for preliminary major plat approval for Shop World 3. The proposed subdivision creates 1 lot for Commercial condominium development. The subject property is generally located on the south side of Still Water Drive and west of South 80^th Street West. This parcel of land is outside of zoning and is use for farming purposes. There are also large lots with houses on them to the north, south and west. There is residential development to the east on smaller lots. Shop World 1 is west and south of this proposed development. Planning Board will review the plat at this meeting and a conduct a public hearing on September 27, 2022.

VARIANCES REQUESTED
The applicant has requested a variance from Section 4.6.A.6 of the Yellowstone County Subdivision Regulations, which requires a second means of ingress and egress for major subdivisions.

Staff is recommending denial of the variance request. Further explanation and analysis can be found in Attachment A.

The applicant has requested a variance from Section 4.6.B.5 of the Yellowstone County Subdivision Regulations, which requires a variance request for an Emergency Access Road rather than a full access road.

Staff is recommending denial of the variance request. Further explanation and analysis can be found in Attachment B.

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 and to ensure a portion of Rosebud Drive is vacated, prior to final plat, the applicant will go through the process of vacating the portion of Rosebud Drive cul-de-sac that will be part of the single lot for this proposed subdivision.
To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings to Laure Fire Department for review and approval for the dry hydrant system. Once installed the applicant will request Laurel Fire Department to test the system to ensure it works correctly and get a sign off from Laurel Fire Department. The applicant will also create an RSID for the dry hydrant system.
To ensure public health and safety and to meet the requirements of 2 ways in and out of a major subdivision, prior to final plat approval, should the variance request from Section 4.6.A.6 be denied, the applicant will provide a second full access from these two options, build Rosebud Drive out to South 80^th Street West or meet the requirement set out by MDT for a full access from King Avenue West. This will be shown on the final plat along with an RSID for maintenance of Rosebud Drive. Should the option for a second full access as defined by MDT be used an RSID shall be created for that road or if it is to be private it shall be gated and maintenance provided by the subdivision tenants.
To protect public health and safety, prior to final plat approval, the applicant will receive approval from the MDEQ for the proposed storm water management.
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, Legal 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 City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

Pre-application meeting May 5, 2022
Completeness review submitted to Planning Division July 1, 2022
Preliminary plat application submitted to Planning Division on August 1, 2022
Departmental review meeting August 18, 2022
Preliminary plat resubmittal August 25, 2022
Planning Board plat review September 13, 2022
Planning Board public hearing September 27, 2022
Preliminary plat to Board of County Commissioners October 18, 2022
60 working-day preliminary plat review period ends October 24, 2022

PLAT INFORMATION

General location:                                South side of Still Water Drive and west of South 80^th Street West

Legal Description:                              Lot 5A of Amended plat of Pike Subdivision, Block 1, Lots 5 -12, 19-22

Owner/Subdivider:                             Levi Britton, Las Palmas, LLC

Engineer and Surveyor:                      IMEG

Existing Zoning:                                 Outside zoning

Existing land use:                                Farm land/undeveloped subdivision

Proposed land use:                              Commercial

Gross and Net area:                             18.4 acres 18.4 acres

Proposed number of lots:                    1 lot / 232 units

Lot size:                                               Max:    18.4 acres
                                                            Min.:    18.4 acres

Parkland requirements:                       No parkland dedication is required with a subdivision that is proposed to have only commercial uses, Section 10.8 C. YCSR.

STAKEHOLDERS

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on September 27, 2022.

ALTERNATIVES

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 October 24, 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

FISCAL EFFECTS

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

SUMMARY

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.

AgendaQuick™