On May 2, 2016, the Planning Division received an application for preliminary plat approval for the proposed Lipp Subdivision, 2^nd Filing.  The property is generally located south of Lipp Road and west of South 88^th Street West.  The applicant is proposing to create 10 lots for commercial use. The proposed lots range in size from 41.875 acres to 1.488 acres. This parcel of land is outside of zoning and is surrounded by various uses that include commercial, residential and farming.  The Planning Board is scheduled to conduct a public hearing at this meeting. The Board of County Commissioners will act on the proposal on July 12, 2016.
 

Staff recommends that the Planning Board recommend that the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of Lipp Subdivision, 2^nd Filing, adopt the Findings of Fact, and approve the variance 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 the effects on the natural environment, prior to final plat approval the applicant will obtain approval from the MDEQ for the proposed cistern and septic system placement.  They will also receive approval for the storm water systems from the MDEQ and meet the requirements of Yellowstone County Storm Water Management. 
   
   2. To minimize the effects on local services, prior to final plat approval a Rural Special Improvement District (RSID) will be created to provide maintenance of the interior paved roads of this subdivision.
    
   3. To minimize the effects on the local environment, prior to final plat approval the applicant is required to obtain a weed management plan and a property inspection shall be done by the County Weed Department.
    
   4. To ensure equitable use and cost sharing of the existing fire suppression systems in the neighborhood as per Section 4.14 (D) of the Yellowstone County Subdivision Regulations, prior to final plat approval the applicant shall pay a proportional share of the cost of installation of the existing dry hydrant system to the developer of Brey Subdivision that installed the system.
    
   5. 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.      
    
   6. 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.

The applicant has requested a variance from Section 4.14.C.2. of the Yellowstone County Subdivision Regulations, which outlines the requirement for a 30,000-gallon dry hydrant in a major subdivision.
 
Staff is recommending approval of the variance request. Further explanation and analysis can be found in Attachment A.
 

A brief presentation was provided by staff about the proposed subdivision. After the presentation, Board President Darell Tunnicliff opened the discussion to questions from the board.  Member Patrick Klugman asked about the variance and if there is any timeline on when the applicant would be required to install a 30,000-gallon dry hydrant system.  Staff responded that there is no time limit on when there would be a 30,000-gallon dry hydrant system installed, but it would be triggered by more subdividing of the property.  Staff also explained that the Laurel Fire Department is in support of the proposed 10 lots use of the existing 20,000-gallon dry hydrant system in the Brey Subdivision to the north. Staff added that should the current applicant not do any additional filings and sell the remaining property to another individual, the next person to subdivide will be required to install the 30,000-gallon dry hydrant system.