Staff recommends the Planning Board forward to the Board of County Commissioners a recommendation to conditionally approve the preliminary plat of Peila Subdivision, and adopt the Findings of Fact as presented in the staff report.

On February 1, 2023, WWC Engineering, agent for Matt and Sam Peila, applied for preliminary major plat approval of Peila Subdivision. The subject property is generally located on the south of Yeoman Road and west of Twelve Mile Road. This parcel of land is outside of zoning. It is surrounded by residential uses and wild land grass acreage.

On March 28, 2023 at the public hearing for this subdivision there were concerns and questions from the public and Board about traffic impacts in the area. A traffic study was not available at the time of the public hearing but was required to be submitted, reviewed and approved by the County Public Works Department before final plat. The Planning Board requested a traffic study be available for its review to know if neighborhood concerns were being addressed by the traffic study and what recommendations were being made by the traffic study.  The board asked for a delay before proceeding with a recommendation to the Board of County Commissioners giving it time to see recommendations of the study. The applicants' agent believed the TIS would be available by the May 9 planning board meeting. Staff determined after the public hearing that there was also a TIS done for the intersection of 12 Mile and Yeoman Road for Yellowstone County in October 2022 with recommendations for the County. Both traffic studies are attached to this staff report for review. 

Below is the conclusion of the TIS completed for Peila Subdivision. These conclusions and recommendations are also on page 17 of the Peila TIS, attached to this staff report. The conclusion of the TIS specific to the 12 Mile and Yeoman Road intersection that was completed for Yellowstone County is on Page 15, attached to this staff report. The findings are not significant, in that the study found that immediate work is not required for the intersection.

CONCLUSIONS & RECOMMENDATIONS
The Peila Subdivision development would not substantially impact the safety and efficiency of any of the study roads and intersections. However, site traffic would incrementally increase exposure to crash potential at the intersection of 12 Mile Road and Yeoman Road. This impact would need to be mitigated to some degree. Since the safety concern involves vehicles exceeding the existing 55 mph speed limit, efforts should be directed at reducing travel speeds through the intersection area. The following recommendations are made in an effort to mitigate the sight distance and speed related concerns at the 12 Mile Road and Yeoman Road intersection:
1. Add sign-mounted intelligent transportation systems using lights that could be radar activated to flash only when traffic is exceeding the advisory speeds. These signs would require periodic enforcement of the speed limit so that daily travelers would not become complacent over time.
2. Add transverse rumble strips to 12 Mile Road, especially on the 12 Mile Road southbound approach.
3. Prune the tree limbs south of the intersection to improve visibility and cut grass and weeds along the shoulders of the roadway.

VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.

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 health and safety and provide for future road maintenance, prior to final plat approval, the applicant will create an RSID for the new public roads within the subdivision.
3. To protect the existing private easement and also to provide for the requirement of two means of ingress and egress from a major subdivision, prior to final plat approval, the applicant will either need to show documentation they are allowed to use the private road easement of Molly Drive West which connects to Yeoman Road. Or, they will need to dedicate it to the public, build the road to a county standard and include it in the RSID they are creating for the other public roads with in this subdivision.
4. To protect the safety of drivers in the area of this newly proposed subdivision and manage the increased traffic this subdivision may cause, prior to final plat approval, the applicant will provide to County Public Works a Traffic Impact Study (TIS) for its review and approval. Any mitigation of the traffic impacts identified in the TIS will be assessed by County Public Works to be included in the SIA for installation prior to final plat approval.
5. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings to Shepherd Volunteer Fire Department for review and approval of the dry hydrant system. Once installed the applicant will request Shepherd Volunteer Fire Department to test the system to ensure it works correctly and get a sign off from Shepherd Fire Department. The applicant will also create an RSID for the dry hydrant system that is expandable with each new phase.
6. 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.
7. 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. 
8. 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.
9. The final plat shall comply with all requirements of the Yellowstone County Subdivision Regulations, rules, regulations, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting September 22, 2022
• Preliminary plat application submitted to Planning Division on February 1, 2023
• Departmental review meeting February 16, 2023
• Preliminary plat resubmittal February 23, 2023
• Planning Board plat review March 14, 2023
• Planning Board public hearing March 28, 2023
• The Planning Board delayed action at its March 28 meeting to receive more information on traffic impacts
• Planning Board further consideration and recommendation at its May 9, 2023 meeting.
• Preliminary plat to Board of County Commissioners, May 23, 2023
• 60 working-day preliminary plat review period ended April 27, 2023, but an extension to this review period was mutually agreed upon between the County and the applicant.

On March 28th there was a public hearing for this proposed subdivision. At that public hearing, some surrounding property owners stood to voice their concerns about the proposed subdivision. The major concerns voiced at the public hearing were increased traffic on the roads increasing the possibilities of accidents. Many voiced that the intersection of 12 Mile Road and Yeoman Road will become more dangerous. Residents stated there are already concerns with visibility at this intersection and the speed limit on 12 mile road are problematic. Yeoman Road and Molly Road are not paved, this proposed subdivision will not have paved roads either, there is a concern with dust control and an increase in dust with more houses being built in the area. Another concern was the conflict between resident drivers and children walking on the road.

After everyone that wished to speak on the proposed subdivision had completed, Planning Board President Cook asked the applicant or agent if they wish to address concerns raised by the public. Ms. Aaron Redland, WWC Engineering, stood to address the board. She asked Mike Black from Yellowstone County Public Works if he would explain how an RSID works. He explained that an RSID can provide the level of service the residents are willing to pay for. The RSID will cover costs of the public roads within the subdivision and the county takes care of collector roads.

There was quite a bit of discussion from some board members about requiring the roads to be paved. It was explained that subdivision regulations allow for gravel surface roads when they connect to existing gravel surface roads. The consistent topic was safety on the existing roads and the increased traffic. Some members of the Planning Board wanted to know what information a TIS would provide for solutions to the impacts on the roads and the intersection of 12 Mile Road and Yeoman Road. The traffic study was not provided at the hearing, but is a condition of final approval requirement before the developer can receive final plat approval.

Discussion continued on about the lack of the TIS, and a motion was proposed to delay the action on the subdivision until the May 9, 2023, Planning Board meeting when there would be a TIS available. The motion was seconded, the board voted and the motion passed. Attached to this staff report are two traffic analysis. One completed for the County specific to the intersection of 12 Mile Road and Yoeman Road and the other being the TIS specific to this subdivision. Some additional information also has been provided in the background section of this report.

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 plat ended on April 27, 2023. However, the applicant agreed to extend the preliminary plat review period so the Traffic Impact Study information could be provided to the Planning Board before it made a recommendation to the Board of County Commissioners. 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, or within a period agreed upon between the County and the applicant as in this case, 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.

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 and conditions have been drafted to address these impacts.