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 80th Street West. This parcel of land is outside of zoning and is used 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 reviewed the plat at its meeting on September 13 and is conducting a public hearing at this meeting. 

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.

1. To protect public health and safety and to ensure a portion of Rosebud Drive is vacated, prior to final plat approval 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.
2. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings to Laurel Fire Department for review and approval for the dry hydrant system. Once installed, the applicant will request Laurel Fire Department 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.
3. 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 80th 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 if it is public. Or if it is to be private, it shall be gated and maintenance provided by the subdivision tenants.
4. 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.
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 property owners.
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, Legal 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 Yellowstone County Subdivision Regulations, rules, policies, and resolutions of the Yellowstone County, 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

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.

PLANNING BOARD DISCUSSION NOTES:
Staff gave a presentation about the proposed subdivision and the variance requests for the subdivision at the plat review meeting on September 13. President Cook called for questions and discussion by the Board. 

Discussion
President Cook called for questions and discussion by the Board.  Board member Woods asked if there would be enough room for emergency vehicles to turn around if the cul-de-sac at the end of Rosebud Drive is cut in half. Staff responded there are two options for a dead end road turn around, they are a cul de sac or a hammerhead.  The remaining cul-de-sac would serve as a hammerhead similar to the northward development. The diameter is approximately 270-feet.  Further clarification was given on the access points.  Board member Woods said Rosebud Road could serve as a second access point. 

President Cook called for presentation by the applicant’s agent.

Kolten Knatterud, IMEG, (no address given), Billings, Montana
Mr. Knatterud said this Shop World Subdivision application differs from the previous Shop World filings as this project is intended to resemble a storage unit facility.  The owner intends to sell the units, which triggers the major subdivision review for the townhome-condo review process.  He said the primary advantage to having a one-way in and out is for security purposes.  Mr. Knatterud said they contacted MDT as they understood they needed to have two access points due to the subdivision process.  They worked with MDT on the King Avenue approach location but due to an issue with the spacing to the adjacent residential approach, they were only granted an emergency access permit.  This was discussed during the pre-application meeting.  They reached out to the Laurel Fire Department who are in approval of the emergency access.  Mr. Knatterud said they understand that Rosebud Drive is existing to the east.  He pointed out that the east half of the parcel is the agricultural field which is flood irrigated and under production.  Should Rosebud be built it would essentially build a road the subdivision does not want to utilize, and it would cut off the agricultural field.  They feel the emergency access would be sufficient due to the use of the subdivision.  He asked for the Board’s input on the two variance requests, so they may consider adjustments prior to the next meeting.  

Levi Britton, Owner/Developer.  (No address given)
Mr. Britton said the field on the east side has a well-developed piping system and the gravity flow goes north to south.  Constructing Rosebud Drive running east and west will cut the field in half.  The current owner of the green space wishes the green space to remain.  Mr. Britton stated it seems that this is forcing of an easement when there is another way out for the Fire Department.  The people in this storage facility would prefer a second access not be there, and the facility will be tightly fenced.  These units will be owned rather than rented and be used for dry storage spaces that are large enough for motor homes. He said the variance request is submitted so the field is not ruined.  He is asking for an exception because of the type of use.  There is a lot of room for a turnaround with the hammerhead cul-de-sac. 

Division Manager Plecker cautioned the Board that a public hearing has not been held.  Board members may discuss the variance as requested by Mr. Knatterud but must not indicate intentions for their votes.

Discussion
Board member Woods asked if there is an RSID to maintain the dry hydrant.  Staff stated this is addressed within Condition of Approval #2.  Board member Gravgaard asked regarding the “dusk to dawn” gate and Levi Britton explained that after construction the gate will be locked full-time and be the main entrance.  Kolten Knatterud explained that the roadways are treated as parking similar to a driveway coming into the facility.  Board member Larsen asked if there are other storage unit facilities with only one access point and Levi Britton gave several examples located in Laurel and Billings. In response to a question by Board member Stephenson, Mr. Britton said there will be no water or sewer but electrical and natural gas will be provided for heating purposes. Board member Stephenson asked if the units could potentially be used as shops.  Mr. Britton said the Covenants and Restrictions will dictate that this will be a storage facility.

Division Manager Plecker asked for clarification in the SIA language stating that the intention of Shop World Condos is for condominiums and due to this all units are intended to develop as individual buildings with separate units to be leased or sold. Kolten Knatterud said the intention is that each of the separate units within a building may be sold.  Ms. Plecker noted the underlying subdivision with the platting of Rosebud Drive and the lots created in the 1970’s. She asked if  Mr. Britton has always owned these lots as ten-to-twelve one to two acre lots had to be parsed together to get this area to develop this subdivision in this way.  She asked what sort of due diligence has been taken when it comes to access with knowing about the platted area, and the wetlands along King Avenue.  Levi Britton said these things are discussed during pre-application and preliminary plat meetings and he did not know there were concerns until “quite a ways downstream” and contrary to the first two meetings, this came up as an issue.  Mr. Britton said the system was put in place to guard against that, so the perimeters are set, but the system is broken.  He said the original plan was to have an entrance on Stillwater and an emergency entrance on King Avenue.  Kolten Knatterud added they obtained a response from MDT prior to coming to the pre-application meeting, and they know about the emergency access. 

Discussion
President Cook asked if there were any additional questions or discussion by the Board. President Cook requested Division Manager Plecker explain a discussion may be held regarding the requested variances, but Board members are unable to give indication of their votes.  Kolten Knatterud said this request is to obtain input in order to consider adjustments if needed.  Board member Larsen clarified and said two full sized access required per the County and asked if the purpose would be fulfilled by constructing the access to the south.  Board member Woods said the options have been laid out by the County Attorney’s office.  The Board may either go with the Staff recommendation of denial or add language to allow for the plan as submitted.  Denial of the variances will require construction of Rosebud Drive.
 
A public hearing for Shop World 3 Subdivision will be held during the September 27, 2022, Planning Board meeting and a recommendation will be forwarded to the Yellowstone County Board of Commissioners for consideration on October 18, 2022.