PUBLIC HEARING/RECOMMENDATION TO BOCC: 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 reviewed the plat at its March 10, 2015, meeting and will conduct a public hearing at this meeting.

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 provide as-built certification that the improvements for the SepticNET drain field are constructed as shown on the Drain field Plans as required by Montana Department of Environmental Quality (MDEQ) at the time of septic permitting. A separate note shall notify future lot owners that there is an operation and maintenance plan in place for the approved septic system that must be followed in order to ensure proper functioning of the system.
4. To minimize effects on the natural environment and public health and safety, a note shall be added to Section II. SIA stating that future landowners are prohibited from building structures on the areas identified as primary drain field and replacement drain field on the MDEQ Certificate of Subdivision Approval exhibit.
5. To minimize the 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.
6. 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.
7. To minimize the effects on local services, prior to final plat approval an RSID-M will be created or expanded, as appropriate, to provide maintenance of the new interior roads of this subdivision and Austrian Pine Road.
8. To minimize the effects on agricultural water user facilities, evidence that the existing irrigation facility on and adjacent to the subject property does not serve downstream users shall be provided prior to final plat approval.
9. To minimize effects on local services, improvements to Austrian Pine Road shall be shall be made in phases, to bring it up to current County paved road standards.  Any necessary improvements from Bridle Creek Trail to S. 48th St. West shall be made during Phase I, while improvements from S. 52nd St. West to Bridle Creek Trail shall be made during Phase II.  Updates shall be made to Section XI. of the final SIA to reflect these requirements.
10. 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.
11. 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.
12. To minimize effects on local services, a Park Maintenance District shall be established prior to final plat approval for future maintenance of the dedicated parkland.
13. 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.
14. 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.

On March 10, 2015, the Planning Board reviewed the proposal at its regular meeting.  Staff gave a brief presentation of the proposal and shared the recommended conditions of approval.  Board members asked for clarification on proposed improvements for 52nd Street West, pedestrian circulation, the wastewater treatment proposed, and the ditch.

Staff explained that 52nd Street West would be built during the second phase of development, to the County specifications at that time.  Staff noted that the County is currently looking to update its half-street development standards. In reference to pedestrians, it was noted that there are no sidewalks planned for the proposal. Planning Board members asked about the anticipated pedestrian circulation and access to the park area. A board member also asked about which irrigation ditch served the property and nearby properties.  The applicant's engineer indicated that it was most likely a lateral of the BBWA ditch, but he would verify that information for the next meeting.  Lastly, the symbols for the proposed wells and septic systems depicted on the plat were clarified and it was noted that structures were not to be built over the areas identified for situating the drain field and replacement drain field.