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

On July 1, 2024, the Planning Division received an application for major plat for the proposed Eastslope Meadows Subdivision.  The subject property is generally located on the west side of South 64th Street West and north of Danford Road. This subdivision would create nine (9) lots from a 33.61-acre parcel of land.  The applicant is proposing to develop a commercial subdivision. The property is outside of zoning. The land is currently used as farmland.

VARIANCES REQUESTED
The applicant is not requesting a variance. 

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 Yellowstone City-County Health Department for the proposed water systems, septic systems and the proposed storm water management. The applicant will also add language in the SIA under the heading Utilities A Water and also in B Septic the language stating they will be following the Yellowstone County Subdivision Regulations for Water, Section 4.9 and Septic, Section 4.8.
2. To protect public health and safety and provide for future road use, prior to final plat approval, the applicant will build the internal roads to county standards and create a Rural Special Improvements District (RSID) for the maintenance of those roads.
3. To protect public health and safety the applicant will work with County Public Works to provide an acceptable TIS to the County for the proposed subdivision prior to final plat approval. The applicant is responsible to make any corrections or additions to the TIS as requested by County Public Works. Any road improvements identified shall be addressed or constructed in coordination with County Public Works prior to final plat approval.
4. To protect public health and safety and to provide fire suppression facilities, prior to final plat approval, the applicant will determine, with the Billings Fire Department, if the 30,000 gallon dry hydrant tank at the intersection of Bear Paw Drive South and Bear Paw Drive North, is within 1/2 road mile of the furthest structure within the proposed subdivision. The applicant shall provide construction documents and access information to meet the requirement for being within ½ road mile of the farthest structure distance within the proposed subdivision, pay a fee, if necessary, and add the proposed subdivision to the RSID that maintains the tank. If the 30,000 gallon dry hydrant tank at the intersection of Bear Paw Drive South and Bear Paw Drive North is not within the ½ road mile from the farthest distance within the proposed subdivision, the applicant shall install a 30,000 gallon dry hydrant at a location approved by Billings Fire Department and County Public Works. The Billings Fire Department shall review drawings, provided by the applicant, for approval prior to construction of the tank. When the tank is installed, the applicant shall have the Billings Fire Department test the tank and if it is acceptable the Billings Fire Department will provide a letter stating the tank is functional and approved. The applicant shall create a RSID for maintenance of the dry hydrant tank.
5. To minimize the effects on local service, prior to final plat approval, the applicant shall coordinate with the USPS for locating and providing the correct amount of space for safely delivering the mail to the proposed subdivision.
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, regulations, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting April 18, 2024
• Preliminary plat application submitted to Planning Division on June 21, 2024
• Planning Board plat review August 13, 2024
• Planning Board public hearing August 27, 2024
• Preliminary plat to Board of County Commissioners, September 17, 2024
• 60 working-day preliminary plat review period ends September 25, 2024

PLAT INFORMATION
General Location West side of South 64th Street West and north of Danford Road
Legal Description: Tract 1A of Amended Tract 1 of Certificate of Survey 3206 in SE1/4 Section 30, Township 1 south, Range 25E, P.M.M, Yellowstone County, Montana
Owner/Subdivider Hardrives Construction, Inc. C/O Brian Hudson
Engineer/Surveyor IMEG Corp.
Existing Zoning Outside of zoning
Existing Land Use Agriculture
Proposed Land Use Commercial
Gross Acreage 33.61 ac.
Net Acreage 27.17 ac.
Proposed Number of Lots 9
Lot Size Max.11.15 ac.
Lot Size Min.1.8 ac.
Parkland Not required per Yellowstone County Subdivision Regulations Section 10.8 and MCA 76-3-621(3)(b). 

Planning Board Plat Review
President Woods opened the meeting for staff to present on Eastslope Subivision. After staff concluded its presentation, President Woods asked the Board for discussion. Boardmember Staley was the first to speak. Boardmember Staley objected to the wording of condition #4 regarding fire protection. Staley questioned the efficacy of giving the applicant the option to connect to a 30,000 gallon dry hydrant tank within a 1/2 road mile instead of installing one on-site. Staley went on to state that as a commercial subdivision, an on-site 30,000 gallon dry hydrant tank would be insufficient. Anna Vickers explained the wording is in conformance with the adopted standards of the County Subdivision Regulations. Staley stated by the time structures could be built, a 30,000 gallon dry hydrant tank would be insufficient for commercial property without any zoning to regulate the type of commercial/industrial use. The agent of the applicant, Kolten Knatterud, came up to speak and assured the Planning Board he and the Subdivider are willing to have additional discussions with the Billings Fire Department in order to provide adequate fire protection in the future. President Woods closed the discussion.

Planning staff did follow up with Billings Fire Department Fire Marshall and Fire Chief after the Plat Review and the Billings Fire Department affirmed its requirements per the County Subdivision Regulations the conditions of approval, and also pointed out that future commercial building construction on the subdivision would be subject to commercial building and fire code standards per the State of Montana Building Codes Bureau and State Fire Marshall's Office.

 

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 September 25, 2024. 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 Plat

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

The purpose of the Yellowstone County's (County) 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 measure to further mitigate any impacts. In this case, there were found to be some impacts from the proposed subdivision.