Staff recommends for the Planning Board to recommend to the Board of County Commissioners that the preliminary plat of Collier Ridge Subdivision be conditionally approved, the connectivity variance approved, and the Findings of Fact adopted as presented in the staff report.

On October 1, 2024, IMEG Engineering, on behalf of AA Properties, applied for preliminary major plat approval of Collier Ridge Subdivision. The proposed subdivision creates 51 lots for development over seven (7) phases.  The subject property is generally located east of Collier Road and north of Secret Valley Drive. The property is zoned RR3 - Rural Residential 3 and partially unzoned. The land is currently vacant.

VARIANCES
The applicant has requested a variance from Section 4.6.B.1 of the Yellowstone County Subdivision Regulations. Section 4.6.B.1 requires the subdivider to provide road connections to undeveloped land adjacent to the proposed subdivision. The maximum distance between connections to undeveloped lands shall not exceed 600 feet. In particular, the variance is waiving the requirement for a connection on the eastern portion of the subdivision, to parcel 1A of Amended Certificate of Survey 2156. The applicant is requesting this variance due to topographical concerns with the surrounding land. 

Subdivision Variances are judged on the following criteria:
1. The granting of the variance will not be detrimental to the public health, safety, or general welfare or injurious to other adjoining properties. 2. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result if the strict letter of the regulation was enforced. 3. The variance will not result in an increase in taxpayer burden. 4. The variance will not in any manner place the subdivision in nonconformance with any adopted zoning regulations. 5. The subdivider must prove that the alternative design is equally effective, and the objectives of the improvements are satisfied. Staff found the variance adheres to all five of the aforementioned variance review criteria. Therefore, staff is recommending approval of this variance. The topographical constraints present at the site would prevent adequate connections in the areas required by the regulations. The proposed subdivision and adjacent property face mutual geographic constraints that prevent connections between the properties.

PROPOSED CONDITIONS OF APPROVAL

1. To protect public health and safety, prior to final plat approval, the applicant will receive approval from Montana Department of Environmental Quality (MDEQ) for all parcels less than 20 acres in size and the Yellowstone County Health Department for all parcels equal to or greater than 20 acres in size for the proposed water systems, septic systems, and stormwater design. 
2. To minimize the effects on local service, prior to final plat approval, the applicant will coordinate with the USPS to determine what type of delivery system is preferred and to locate and provide the correct amount of space for safely delivering the mail to the residents.
3. 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.
4. 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 Improvement District (RSID) for the maintenance of those roads.
5. For the protection of public health and safety and to ensure protection of structures within the subdivision, it is strongly advised that the applicant submit a petition to expand the service area boundary of Blue Creek Fire Department to the Yellowstone County Department of Emergency Services in correlation with Montana Code Annotated (MCA) 7-33-2401.
6. To protect public health and safety and provide for future dry hydrant maintenance, prior to final plat approval, the applicant shall install two 30,000-gallon dry hydrants tanks in conformance with City of Billings Fire Department Dry Hydrant standards. The maintenance for the tanks and dry hydrants will require the formation of an RSID for maintenance. If the jurisdiction of the Blue Creek Fire Department is expanded to include Collier Ridge Subdivision prior to final plat approval, then the applicant shall have the design and installation of the two 30,000 gallon dry hydrant storage tanks reviewed and approved by the Blue Creek Fire Department.
7. Restriction on Conveyances associated with the phases within the subdivision shall be filed with the final plat.
8. Prior to final plat approval, the Traffic Impact Study and any identified improvements shall be completed and approved by the Public Works Department. 
9. Minor changes may be made to 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: August 15, 2024
Preliminary Plat application submitted to Planning Division: October 1, 2024
Departmental Review Meeting: October 17, 2024
Preliminary Plat Resubmittal: October 24, 2024
Planning Board Plat Review: November 13, 2024
Planning Board Public Hearing: November 26, 2024
Preliminary Plat to Board of County Commissioners: December 17, 2024
60 Working-Day Preliminary Plat Review period ends: February 3, 2025

PLAT INFORMATION
General Location: East of Collier Road and north of Secret Valley Drive
Legal Description: NW ¼ less C/S 2156 & C/S 2331 of Section 4, E ½ E ¼ Section 5, Township 2 South, Range 26 East
Owner/Subdivider:  AA Properties
Engineer/Surveyor: IMEG Engineering
Existing Zoning: RR3 - Rural Residential 3 and partially unzoned
Existing Land Use: Vacant Land
Proposed Zoning: RR3 - Rural Residential 3 and partially unzoned
Proposed Land Use: Residential
Gross & Net Area: 246.45 Acres Gross & 227.64 Acres Net
Lot Size:  Parkland Requirements: 4.42 Acres required, 0 Acres provided, the applicant will provide a cash-in-lieu contribution to cover the absence of parkland.
 

The Planning Division has received no public comment at this time.  Stakeholder input will be received at a public hearing scheduled for this subdivision on November 26, 2024.

Planning Board Plat Review Meeting - November 13, 2024
Staff presented its findings regarding the subdivision and opened for questions. Boardmember John Staley asked for clarification on topographical issues that predicated the variance for a connection to adjacent parcels. Staff responded by stating the grading in the areas in question was up to 60%, whereas County roads only allow for 12% grade. Boardmember Jim Ronquillo then asked if there was any future intent to extend the road where they were requesting a variance. Staff clarified there is no intent to extend the road further, which is part of the reason they are requesting the variance. Boardmember Staley then asked if the roads would be built to paved County standards, which staff answered in the affirmative.

Boardmember Staley then went on to ask if it was possible to prohibit street parking in the proposed cul-de-sacs in the proposed subdivision in order to facilitate better turnaround access for fire protection vehicles. Staff responded that nothing in the regulations requires or prohibits such a condition, but it would have to be a recommendation made by the Planning Board at the public hearing. Boardmember Staley then went on to question why the developer had opted for a cash-in-lieu contribution for parkland instead of putting parks in the subdivision. The applicant's agent, Kolten Knatterud, was invited to speak. Kolten stated the Cash-in-lieu request was due to the topographical issues faced on the subdivision, and the sloping on the lots would prohibit them from placing usable parkland as defined in the Yellowstone County Subdivision Regulations.

President Woody Woods asked for clarification on the conditions regarding fire protection for the subdivision. Staff explained that the subdivision is currently within the wildfire protection area of the Blue Creek Fire Department, but not the structural protection range, so the applicant is highly recommended to request the Blue Creek FD extend its area. Boardmember Jim Ronquillo asked who inspects the dry hydrant tanks in this situation, staff responded that it does not appear that any particular agency would inspect the dry hydrants at this time. Boardmember Alexis Bonogofsky raised concern that Blue Creek Elementary School is over-capacity and would not be able to handle the possible additional students from this subdivision. Planner Hunter Kelly mentioned he personally spoke to the Principal of Blue Creek Elementary, who stated the school was under capacity, which was reflected in the Findings of Fact. Staff went on to confirm they would get a statement in writing regarding the school district capacity. Boardmember Bonogofsky then asked if the Traffic Impact Study took into account the possible traffic counts from cistern usage on site and road closures due to local bridge construction. Kolten mentioned that cistern usage did not significantly contribute to the average vehicle trip per day in the TIS calculations. Boardmember John Staley asked staff what options were for possibly delaying the item at the public hearing, given the combined concerns about this subdivision. Staff responded that the 60-day working deadline would be February 3, 2025, so there is time to delay if necessary. There were no more questions and Board President Woody Woods closed the discussion.

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 ends February 3, 2025. State and County subdivision regulations also require that preliminary plat 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 Plat

The preliminary plat of this subdivision will have no financial impact on the Planning Division.

One of the purposes of the County's subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider's responsibility to mitigate. 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.