Staff recommends the Planning Board recommend to Board of County Commissioners that the preliminary plat of Shop House Acres Subdivision be conditionally approved, variances accepted, and the Findings of Fact adopted as presented in the staff report.

On May 1, 2026, IMEG, for Levi Britton, applied for preliminary major plat approval of Shop House Acres Subdivision. The subdivision will create 49 lots for residential/commercial development. The subject property is generally located west of South 80th Street West, south of Wisner Avenue which is south of King Avenue West. Tax ID D00207. This parcel of land is outside county zoning. These lots will be for shop buildings for businesses and hobby shops. There will be cisterns and septic available at each lot should the lot purchaser want to include a single bedroom dwelling unit with the shop. Shop World 406 LLC, located south of Monad Road and east of Eggebrecht Lane is another example of shops with some of them having water and septic on the lot.

VARIANCES
One variance is requested:
The applicant has requested a variance from Section 4.6.B.1, of the Yellowstone County Subdivision Regulations, which outlines a connection to undeveloped / underdeveloped land surrounding proposed subdivisions. The maximum distance between those connections is 600 feet.

Staff is recommending approval of the variance request. Further explanation and analysis can be found in Attachment A.

PROPOSED CONDITIONS OF APPROVAL

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 provide a maintenance mechanism for the new sections of public roads with the subdivision and to protect public health and safety, prior to final plat approval, the applicant will petition to create an RSID for the future maintenance of the public roads.
3. To protect public health and safety with proper consideration given to road conditions and site distance, prior to final plat approval, the applicant will provide analysis from a professional engineer that site distance, in accordance with AASHTO, has been met for the proposed access locations. Failure to obtain safe site distances per the engineering analysis will require relocation of the entrances to the subdivision. Public Works must review and approve the intersection locations prior to final plat approval.
4. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings of the dry hydrant system to Laurel Fire Department for review and approval. Once installed, the applicant will request the Laurel Fire Department test the system to ensure it works correctly and get a sign off from Laurel Fire Department. The applicant will also create an RSID for the dry hydrant system. The applicant will also coordinate with the Laurel Fire Department, and provide a Knox Box to obtain access to structures behind the gate should there be a fire inside the subdivision.
5. 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.
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: January 29, 2026
Preliminary Plat application submitted to Planning Division: May 1, 2026
Departmental Review Meeting: May 14, 2026
Preliminary Plat Resubmittal: May 21, 2026
Planning Board Plat Review: June 9, 2026
Planning Board Public Hearing: June 23, 2026
Preliminary Plat to Board of County Commissioners: July 21, 2026
60 Working-Day Preliminary Plat Review period ends: July 28, 2026

PLAT INFORMATION
General Location: South 80th Street West, south of Wisner Avenue which is south of King Avenue West
Legal Description: Located in Section 14, Township 1S, Range 24E or more specifically: S14, T01 S, R24 E, N2N2E2SE4 N1/2N1/2E1/2SE 14-1S-24. Tax ID D00207.
Owner/Subdivider:  Las Palmas LLC, Levi Britton
Engineer/Surveyor: IMEG
Existing Zoning: Outside of zoning
Existing Land Use: Grazing land
Proposed Land Use: Residential & Commercial
Gross Area: ± 19.78 Acres
Lot Size:  Parkland Requirements: Subdivision regulations require a dedication of 7.93 acres. The applicant is providing a cash-in-lieu contribution for parkland. 

TRAFFIC IMPACT STUDY (TIS) 
The net new trips identified in this report are subject to examination under Yellowstone County’s cost participation program to the extent that they impact travel at studied intersections. Cost participation, according to the TIS submitted, is not required because the impacts from the subdivision will have very minimal effect on existing studied intersections. Table 9, below, shows the warrants for intersection improvements.



Analysis of the existing traffic volumes, lane configurations, and the impacts due to the projected traffic growth and proposed development result in the following general conclusions:

• The preceding analysis demonstrates that the Shop House Acres development will not generate significant nor impactful volume of new trips at the intersections studied.
• The studied existing intersections and proposed access locations will operate at or above an LOS of “B”, exceeding any minimum requirement of an LOS specified in the Appendix E of the Road Design Manual produced by the Montana Department of Transportation.
• No auxiliary turn lanes are warranted for the intersections and access locations discussed in this report.
• Vertical sight obstruction is present for traffic performing left-turn movements onto South 80th Street West from the North Access location of the development.
• The existing intersections do not warrant any further analysis for signal considerations, as no consideration warrants are met.

County Public works requested further analysis of the entry points, access separations, and site distances.

Staff gave a brief presentation about the proposed subdivision to the Planning Board at the June 9, 2026, discussion meeting. After the presentation, staff stood for any questions that the Planning Board may have concerning the subdivision. One board member asked the reason for public roads turning to private. Staff responded that Yellowstone County requires the dry hydrants to be on public roads. Also, they need to have some queuing space for the vehicle to get off S 80th St W before coming to the gate. Board member Staley asked if a condition could be added. He stated that because of the electronic gate requirement, the fire department needs to have a Knox box to be able to access the structures behind the gate in case of a fire. Staff recommended that condition #4 be modified to include the requirement for a Knox box for the Laurel Fire Department. Matt Suek, agent, stood to answer questions. Board member Stephenson asked if they have heard anything from surrounding property owners. Mr. Suek stated he had not heard anything from surrounding neighbors. There were no other questions from the board.

Stakeholder input will be received at a public hearing scheduled for this subdivision on June 23, 2026. 

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 on July 28, 2026. 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:

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.

The purpose 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.