Staff proposes the Planning Board recommend to the Board of County Commissioners conditional approval for the preliminary plat of Gresham Subdivision, and adoption of the Findings of Fact as presented in the staff report. 

On July 3, 2023, WWC Engineering, agent for Heath Olson, applied for preliminary major plat approval of Gresham Subdivision. The subject property is generally located north of Hesper Road and east of South 64th Street West. This parcel of land is outside of zoning. There is residential development to the north and south, farmland to the east of the subject property and to the west, farmland and Elder Grove Middle School. 

VARIANCES REQUESTED
No variance has been requested from the County Subdivision Regulations.

PROPOSED CONDITIONS OF APPROVAL

1. 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:
2. 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.
3. 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. 
4. To protect public health and safety and the impact to local services, prior to final plat approval, the applicant may be required by Public Works to include mitigation measures based on the approved Traffic Impact Study. Required mitigation measures shall be adequately addressed in the Subdivision Improvement Agreement.
5. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will expand the existing RSID #810M created to maintain the 30,000-gallon dry hydrant system in Hesper Meadows Subdivision. This information is outlined in the SIA under the heading IV. Emergency Service.
6. To provide for the correct cash-in-lieu contribution for parkland, prior to final plat approval, the applicant will follow Section 10.6 Determining Cash Contributions for Parkland, for the correct amount to be paid to Yellowstone County parks department. The applicant will also create and RSID for parkland maintenance of any public parkland.
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.  
9. 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. 
10. 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 January 19, 2023
Preliminary plat application submitted to Planning Division on July 3, 2023
Departmental review meeting July 13, 2023
Preliminary plat resubmittal July 20, 2023
Planning Board plat review August 8, 2023
Planning Board public hearing August 22, 2023
Preliminary plat to Board of County Commissioners, September 19, 2023
60 working-day preliminary plat review period ends September 27, 2023

PLAT INFORMATION
General location: North of Hesper Road and east of South 64th Street West
Legal Description: Lot 2, Miller Farm Subdivision
Owner/Subdivider: Heath Olson
Engineer and Surveyor: WWC Engineering
Existing Zoning: Outside zoning
Existing land use: Farmland
Proposed land use: Residential 
Gross and Net area: 39.166 acres 31.86 acres
Proposed number of lots: 40
Lot size: Max: 1.50 acres
               Min.: 0.246 acres 
Parkland requirements: 2.18 acres required / 0.80 acres provided, maintained by an RSID. The remaining 1.38 acres of required parkland dedication will be covered by a cash-in-lieu contribution.

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on August 22, 2023.

Planning Board plat review meeting August 8, 2023.
Staff gave a brief presentation about the proposed subdivision to the planning board. Planning Board President Dennis Cook asked if there were any questions for staff about the proposed subdivision. Board Member Woods inquired on who will be maintaining the 10-foot paved trail along the southern edge of the subdivision. Staff responded it will be maintained privately through the Parkland RSID.  Board Member Woods following up asking if said trail connected to any other developments, which staff responded in the negative. Board Member Nordel asked if the Traffic study review by Public Works will be complete by the time of the Planning Board Public Hearing. Staff responding by saying he did not specifically know when it would be ready, but had assurances from the County Public Works it would be ready prior to August 22. Board member Staley asked where the closest dry hydrant will be located. Staff affirmed the Subdivision will be connected to the Dry Hydrant RSID in Hesper Meadows Subdivision, as stipulated in Condition #4. Director Wyeth Friday then prompted the applicants' engineer, Greg Reid of WWC Engineering to provide any comments. Greg began to speak on various details of te proposal, including connectivity of the proposed trail, fire protection coverage, and MDEQ approvals. Board member Woods asked Greg if there were any larger parks in the immediate vicinity, to witch Greg responded by stating Elder Grove School was west of the subdivision. Board president Cook asked about the status of the Traffic Study with Greg Reid. Greg went on to explain the process for the review of the study, and believed it would be ready prior to the Planning Board Public Hearing. Director Friday asked Greg what the frontage distance between the Elder Grove School and the buffer lot between it and subdivision. Greg responded by saying he did not know.

There were no other questions or comments from the board.

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 September 27, 2023. 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:

• Approve;
• Conditionally Approve; or
• Deny the Preliminary Plan

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