Public Hearing/Motion and Recommendation.  Diamond Falls Subdivision: On February 2, 2014, the Planning Division received an application for preliminary plat approval for the proposed Diamond Falls Subdivision.  The proposed subdivision has 61 lots, and is generally located on the west side of South 48th Street West and south of King Avenue West. The proposed lots range from 0.341 acres to 0.91 acres. On March 24, 2015, the Yellowstone County Board of Planning held a public hearing on the proposal. Based on the information provided with the initial application and testimony heard at the public hearing, the Planning Board recommended that the Board of County Commissioners deny the subdivision. 

On April 14, 2015, at the request of the applicant, the Board of County Commission directed staff to schedule a subsequent public hearing before the Planning Board, as per Chapter 3, Section 3.2 (J)  of the Yellowstone County Subdivision Regulations, to consider additional information provided by the applicant in support of the application.

Planning staff recommends that the Planning Board review the additional information provided by the applicant, hold a subsequent public hearing to take testimony on the new information, and make a recommendation to the Board of County Commissioners.  Based on the original submittal information and the additional information provided by the applicant, staff recommends the Planning Board recommend conditional approval of the Diamond Falls Subdivision.

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 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.

The Yellowstone County Board of Planning reviewed the proposal and held a public hearing on March 24, 2015.  Based on testimony from several of the neighbors, primarily on the high underlying nitrate levels in the area and the proposed septic systems for the project (specific comments can be read in the meeting minutes) the Planning Board voted to recommend denial of the proposed subdivision to the Board of County Commissioners. 

Since the Public Hearing ,the applicant and his agents have provided additional information for consideration by the public, the Planning Board, and the governing body.  They feel this information provides evidence that the concerns regarding the proposed septic systems can be mitigated to the satisfaction of the Montana Department of Environmental Quality, the agency with ultimate reviewing and approval authority on the septic systems.

Section 3.2.J. of the Yellowstone County Subdivision Regulations and 76-3-615, MCA describe the governing body’s options when new information is provided for consideration that was not made available for review by the public or the Planning Board prior to the public hearing, or was not considered by the Planning Board or staff in its recommendation.    One option is for the governing body to take action without considering any of the new information.  The second option is for the governing body to schedule a subsequent public hearing on the new information that may have an impact on the governing body’s decision on the proposed subdivision.  If the second option is exercised, the subsequent hearing may be held by the governing body or the Planning Board, and the 60-day review period will be suspended until after the subsequent public hearing is held.

At its regular board meeting on April 14, 2015, at the request of the applicant, the Board of County Commissioners directed staff to schedule a subsequent public hearing before the Planning Board to consider the additional information provided by the applicant.