PLAT REVIEW/DISCUSSION. DIAMOND FALLS SUBDIVISION, JULIET SPALDING SUBDIVISION COORDINATOR:  On February 2, 2014, the Planning Division received an application for preliminary plat approval for the proposed Diamond Falls Subdivision.  The property is generally located on the west side of South 48th Street West and south of King Avenue West. This 61-lot subdivision would be developed in two phases with the first phase containing 13 lots.  The proposed lots range from 0.341 acres to 0.91 acres.  A concurrent zone change application is in review at this time to change the zoning from Agricultural Open Space to Residential-15,000. This zone change is necessary to allow the subdivision to proceed.  The Planning Board will review the plat at this meeting and a conduct a public hearing on March 24, 2015.  

Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Diamond Falls Subdivision and adopt the Findings of Fact as presented in the staff report.

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 minimize effects on local services, the Homeowners’ Association shall be established concurrent with the final plat recording.  Articles of Incorporation, Covenants, Conditions & Restrictions, and any other appropriate documents for its creation shall be provided with the final plat documents.
2. To minimize effects on local services, prior to final plat approval, the 30,000 gallon dry hydrant system shall be installed as approved by the Billings Fire Department and a Rural Special Improvement District – Maintenance  (RSID-M) shall be created for its maintenance.
3. To minimize effects on the natural environment and public health and safety, a note shall be added to Section II. of the Subdivision Improvements Agreement (SIA) stating that future landowners are responsible for having a Montana Registered Professional Engineer inspect and provided as-built certification that the improvements for the SepticNET drainfield are constructed as shown on the Drainfield Plans as required by Montana Department of Environmental Quality (MDEQ) at the time of septic permitting.
4. To minimize effects on the natural environment, a weed management plan and property inspection shall be approved by the County Weed Department, prior to final plat approval.
5. To ensure compliance with zoning, a note shall be added to Section II. of the final SIA indicating that Zoning Compliance Permits shall be submitted for review and approved by the City-County Planning Division prior to construction on the lots.
6. To minimize effects on local services, prior to final plat approval an RSID-M shall be created to provide maintenance of the interior public roads of this subdivision.
7. To minimize effects on agricultural water user facilities, evidence that the existing irrigation facility proposed to be abandoned does not serve downstream users shall be provided prior to final plat approval.
8. To minimize effects on local services, prior to Phase II development, the developer shall apply for and receive the appropriate provisional permit for additional water rights from Montana Department of Natural Resources and Conservation (DNRC).  A note shall be added to Section VI.A. of the final SIA stating this requirement.
9. To minimize effects on local services, a note shall be added to the face of the final plat and Section VI.B. of the final SIA indicating which lots will retain sanitary restrictions until future approval is granted by MDEQ.
10. To minimize effects on local services, a Park Maintenance District (PMD) shall be established prior to final plat approval for future maintenance of the dedicated parkland.
11. Minor changes may be made in the SIA and final documents, as requested by the Planning and/or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
12. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana.

 

No variances have been requested from the Yellowstone County Subdivision Regulations for this proposal.

• A subdivision pre-application meeting was held on August 7, 2014.
• The preliminary plat application and zone change application were submitted to the Planning Division on February 2, 2015.
• The Yellowstone County Zoning Commission will hold a public hearing and make a recommendation on the proposed zone change request on March 9, 2015.
• The Yellowstone County Board of Planning will review the plat application on March 10, 2015.
• The Yellowstone County Board of County Commissioners (BOCC) will be considering the zone change request application at its 9:30 am meeting on March 24, 2015.
• The Yellowstone County Board of Planning will hold a public hearing on this plat application and make a recommendation to the BOCC at its meeting on March 24, 2015.
• The BOCC will consider the subdivision application at its regular meeting on April 14, 2015.
• The 60-working day review period ends April 28, 2015 for this application.

General location:                     West side of South 48^th St. West, south of King Avenue West, on the north side of Austrian Pine Rd.
 
Legal Description:                   South ½ of the Northeast 1/4 of Section 16, T1S, R25E (less Certificates of Survey 2458 and 2892)
 
Owner/Subdivider:                  Diamond Falls, LLC (Jason Hertz and Rod Lorenz)
 
Surveyor/Engineer:                 Blueline Engineering; Engineering West
 
Existing Zoning:                      Agricultural Open Space (A1)
 
Proposed Zoning:                   Residential-15,000 (R-150)
 
Existing land use:                   Agricultural land
 
Proposed land use:                Single Family Residential
 
Gross area:                             65.134 acres
 
Net area:                                 51.406 acres
 
Proposed number of lots:        61
            Max.:                           0.91 acres
            Min.:                            0.34 acres
 
Parkland requirements:          A parkland dedication of 3.865 acres is proposed.