On December 1, 2017, the Planning Division received an application for preliminary major plat approval for The Nines Subdivision. The proposed plat creates 88 lots for residential development. The subject property is generally located at 1245 South 64th Street West, which is north of Hesper Road and the Elder Grove School. The property is outside of zoning. The Yellowstone County Board of Planning will conduct a public hearing at this meeting, Tuesday, January 23, 2018. The Board of County Commissioners will act on the proposal on February 13, 2018.

Staff recommends the Planning Board recommend the Yellowstone County Board of County Commissioners conditionally approve the preliminary plat of The Nines Subdivision and adopt the Findings of Fact as presented in the staff report. Staff is recommending denial of the requested variance.

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, prior to final plat approval the applicant will create new RSID’s for maintenance of roads for this subdivision and will provide for the RSID(s) to be expanded with each phase.

2. To ensure public safety and provide needed fire suppression service, prior to final plat approval the applicant will expand the RSID-M for the dry hydrant system in DeWit Subdivision to include all of Phase I within this subdivision.

3. To ensure public safety and provide needed fire suppression service, prior to final plat approval the applicant will create an RSID-M for the dry hydrant system that will be built in Phase II. This RSID-M will be for both Phase II and III.

4. To provide for adequate maintenance of privately maintained lands and systems within the subdivision and to minimize the effects on local services, prior to final plat approval the applicant will submit HOA documents that within them specifically outline the homeowners’ responsibility to maintain the community wells, community septic systems, irrigation infrastructure and private parks within the subdivision.

5. To minimize the effects on local service, prior to final plat approval the applicant will coordinate with the USPS for locating and provided the correct amount of space for safely delivering the mail to the residents.

6. 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.

7. To provide needed private utility infrastructure, prior to final plat approval the applicant will coordinate with the private utility providers to determine needed utility easements and show them on the final plat.

8. 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.

9. 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 is asking for a variance from the requirements of YCSR. The applicant is requesting a variance from YCSR Section 4.6 B 8, Street Continuity, also from Section 4.6.B., 15 Street/Road Names and Lot Addresses. These regulations require developers to continue a street name when one of the proposed new streets lines up with an existing street. Staff is recommending denial of the variance request.

Further explanation and analysis can be found in Attachment A.

Planning staff gave a brief presentation and overview of the proposed subdivision.  President Tunnicliff asked if there were any questions from the Board.  A question was asked for clarification of where sidewalks would be built in the subdivision.  Staff clarified that sidewalks were proposed on one side of the main roads within the subdivision.  There were no other question from the Board. President Tunnicliff asked if the agent or applicant wished to address the board.

Bryan Alexander from Sanderson Stewart stood to address the board.  He stated there would be a total of 9 private parks within the subdivision.  Some of the parks will include community wastewater systems and water supply wells within them. The developer is proposing a variety of home sights including patio homes and single family homes.  The developer is currently working with the Big Ditch to possibly allow the irrigation infrastructure to use irrigation water for lawns and the parks.  He stated sidewalks will be provided on the main inner loop of roadways on one side to provide east to west connectivity.  Addressing the requested variance, the applicant believes a different name in this subdivision would help avoid through traffic on the immediately adjacent private road, O’Donnell Lane.

Board member Woods asked about the proposed community water system and a possible future connection to the City water system. Mr. Alexander stated they are contemplating a 4" water system as the City Services are quite a distance away.  The applicant didn't feel the need to install a larger pipe system because of the distance to municipal water.  Board member Woods voiced concern with this setup as it the 4” water system will be inadequate and may be costly for future connections to the City’s system.

President Tunnicliff asked how they will transport and distribute irrigation water throughout the subdivision.  Mr. Alexander said water would be obtained from the Big Ditch through a closed conduit system and channeled to separate non potable water systems with a booster pump at each lot. A screening and filtering system at the head gate and individual filters at service connection for each lot will mitigate weed issues.  A Homeowners Association will be formed and will be responsible for maintenance of both the potable community water system and the irrigation system, should both be installed.