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Planning Board
Date:	11/14/2023
Title:	Serenity Subdivision - Preliminary Major Plat
Presented by:	Monica Plecker
Department:	Planning & Community Services
Presentation:	Yes

Information

RECOMMENDATION

The Planning Board will conduct a plat review at this meeting and a public hearing and action at the November 28 meeting. Staff is proposing that after the plat review and public hearing process, the Planning Board recommend to the Board of County Commissioners conditionally approval for the preliminary plat of Serenity Subdivision, and adopt the Findings of Fact as presented in the staff report.

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

On October 2, 2023, In Site Engineering, agent for Lorenz Construction LLC, and Marsich Investments Inc., applied for preliminary major plat approval of Serenity Subdivision. The subject property is generally located on the southwest corner of the intersection of Neibauer Road and South 48th Street West. This parcel of land is zoned Large Lot Suburban (N4) and Agriculture (AG). There is residential development to the north, south and west of the proposed subdivision. Land to the east is used for farming.

VARIANCES REQUESTED
The applicant is not requesting a variance from the Subdivision Regulations.

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, 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.
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 maintenance of the new public roads within the subdivision.
To protect public health and safety, prior to final plat approval, any information in the TIS that needs to be included in the SIA will be added to the final SIA for the subdivision. Any recommendations for infrastructure County Public Works and the Board of County Commissioners determine need to be built will also be included in the final SIA.
To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings for the dry hydrant system to Billings Fire Department for review and approval. Once installed the applicant will request Billings Fire Department to test the system to ensure it works correctly and get a sign off from Billings Fire Department. The applicant will also create an RSID for the dry hydrant system maintenance and create a public easement for where the fire tank is located.
To provide for future maintenance of the public parkland, prior to final plat approval, the applicant will create and RSID for the maintenance of the public parkland.
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 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 August 31, 2023
Preliminary plat application submitted to Planning Division on October 2, 2023
Departmental review meeting October 19, 2023
Preliminary plat resubmittal October 26, 2023
Planning Board plat review November 14, 2023
Planning Board public hearing November 28, 2023
Preliminary plat to Board of County Commissioners, December 12, 2023
60 working-day preliminary plat review period ends December 28, 2023

PLAT INFORMATION

General location:                                South west corner of the intersection of Neibauer Road and South 48th Street West

Legal Description:                              Lot 2 of L.M. Subdivision

Owner/Subdivider:                             Lorenz Construction LLC, and Marsich Investments Inc

Engineer and Surveyor:                      In Site Engineering

Existing Zoning: N4 and AG

Existing land use:                                Farmland

Proposed land use: Residential / Ag

Gross and Net area: 86.351 acres / 59.55 acres

Proposed number of lots: 58

Lot size:                                               Max: 16.441 acres
                                                            Min: 31,059 square feet

Parkland requirements: Parkland dedication required is 3.939 acres. The applicant is providing 4.398 acres.

STAKEHOLDERS

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on November 28, 2023.

ALTERNATIVES

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 subdivision ends on December 28, 2023. State and Yellowstone 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.

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