On October 1, 2015, the Planning Division received an application for review and preliminary plat approval of a 12-unit condominium subdivision on one lot of Bowman Subdivision.  The property is located on the west side of Duck Creek Road, north of Kautzman Road, generally located at 3620 Duck Creek Road.  The property is not within the County zoning jurisdiction and therefore, in accordance with Chapter 8 of the County Subdivision Regulations, this development must be reviewed as a major subdivision.

The Planning Board delayed action on this proposal at its November 24 meeting after conducting the public hearing and voted to consider it at its December 8 meeting.  The Board had significant concerns about the irrigation drain ditch on the north and east sides of the property, the culvert at the approach to the property, and the existence of a methanol tank on the property used for a portable toilet business. The Board asked staff and the applicant to provide additional information before it acted on the preliminary plat. Additional information is included in the Findings of Fact under the Effect on agriculture and agricultural water user facilities heading regarding the drainage ditch and under the Effect on Local Services (b. Flood Plain/Flood Fringe) heading  regarding the existing Methanol tank on the site.  There are also current photos of the drainage ditch and approach to the property under photo attachment included with this staff report.
 

Staff recommends the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of the Duck Creek Condominiums Subdivision and adopt the Findings of Fact as presented in the staff report.
 
PROPOSED CONDITIONS OF APPROVAL
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 and to provide correct easements for the needed private utilities, prior to final plat approval the applicant will contact the private utility companies and identify where they will need easements on the site and show them on the final plat.
2. To minimize effects on local services and provide for public health and safety, prior to final plat approval the subdivider will receive approval from the MDEQ for use of the existing septic system for the proposed condominium units, wells or cisterns, and for stormwater drainage facilities for the proposed development.
3. To minimize effects on local services and provide for public health and safety, prior to final plat approval the applicant will install the dry hydrant system as approved by the BUFSA and establish a Rural Special Improvement District for Maintenance for the dry hydrant system on Lot 2.
4. To minimize the effect on local services, prior to final plat approval the applicant will provide documentation that he has contacted the United States Postal Service and has approval for the proposed type of mail delivery for the property.
5. To minimize the effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be approved by the County Weed Department.
6. 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.
7. 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 were requested.
 

• A pre-application meeting was held on April 30, 2015 for this proposal. It was determined that this is a major subdivision application for condominiums which follows the major subdivision review process.
• The preliminary plat application was submitted to the Planning Division on October 1.
• A Department Review Meeting was held on October 15.
• The Yellowstone County Board of Planning held a plat review for this application at its November 10 meeting.
• The Yellowstone County Board of Planning conducted a public hearing on this application at its meeting on November 24. The Board delayed action on the plat at this meeting and agreed to consider it at its December 8 meeting.
• The Yellowstone County Board of Planning will take action on this application at its meeting on December 8.
• The Yellowstone County Board of County Commissioners is scheduled to consider the application at its regular meeting on December 15.

General location:                                             West side of Duck Creek Road, north of Kautzman Road, generally located at 3620 Duck Creek Road
 
Legal Description:                                           Lot 2, Block 1, Bowman Subdivision
 
Subdivider and Owner:                                  MD Yellowstone Properties, LLC (Dan Bowman)
 
Engineer and Surveyor:                                  Sanderson Stewart, Bryan Alexander
 
Existing Zoning:                                             None
 
Existing land use:                                           Shop / Commercial Use
 
Proposed land use:                                        Shop / Commercial Use
 
Gross area:                                                    3.882 acres
 
Net area:                                                        3.882 acres
 
Proposed number of lots:                               12 condominium units on one lot
 
Lot sizes:                                                         3.882 acres
 
Parkland requirements:                                   Not required for commercial subdivisions