Staff proposes the Planning Board recommend to the Board of County Commissioners the preliminary plat of Still River Estates Subdivision be conditionally approved and the Findings of Fact be adopted as presented in the staff report.

On September 1, 2021, Performance Engineering, agent for CDW Construction, applied for preliminary major plat approval for Still River Estates Subdivision. The proposed subdivision creates 75 lots for residential development. The subject property is generally located on the east side of South 64th Street West and north of Hesper Road. The property is not located within the county's zoning jurisdictional boundary. 

VARIANCES REQUESTED
The applicant is not requesting a variance from the subdivision regulations.

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 protect public health and safety, prior to final plat approval, the applicant will receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.  
2. To protect public health and safety and provide for future road maintenance, prior to final plat approval, the applicant will create an RSID for the new public roads within the subdivision with the ability to expand with each new phase. All temporary street names will have permanent names determined.
3. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings to Billings Fire Department for review and approval of the dry hydrant system. Once installed the applicant will request Billing Fire Department test the system to ensure it works correctly and get a sign off from Billings Fire Department. The applicant will also create an RSID to maintain the dry hydrant system.
4. To protect public health and safety and provide the needed facilities for emergency vehicles, prior to final plat approval, the applicant will provide either temporary cul-de-sac ends for Skycrest Drive and Road B (temporary road name) or connect the two roads with a gravel surface road that will support fire apparatus vehicles of 40 tons in all weather conditions.
5. To protect public health and safety and to ensure public access the private parks, prior to final plat approval, the applicant will submit easement documents outlining the maintenance of the parks and outline allowed public access to the private parks.  
6. To minimize the effects on local service, prior to final plat approval, the applicant will coordinate with the USPS for locating and providing the correct amount of space for safely delivering the mail to the residents.  
7. To minimize effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be completed by the County Weed Department.  
8. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal 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 Yellowstone County Subdivision Regulations, rules, regulations, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting July 15, 2021
• Preliminary plat application submitted to Planning Division on September 1, 2021
• Departmental review meeting September 16, 2021
• Preliminary plat re-submittal September 23, 2021
• Planning Board plat review October 12, 2021
• Planning Board public hearing October 26, 2021
• Preliminary plat to Board of County Commissioners November 16, 2021
• 60 working-day preliminary plat review period ends November 29, 2021

PLAT INFORMATION

General location:                                On the east side of South 64th Street West and north of Hesper Road

Legal Description:                              S17, T01 S, R25 E, S2S2NW

Owner/Subdivider:                             CDW Construction

Engineer and Surveyor:                      Performance Engineering

Existing Zoning:                                 Outside zoning

Existing land use:                                Farm Land

Proposed land use:                              Residential

Gross and Net area:                             39.50 acres / 23.92 acres

Proposed number of lots:                    75

Lot size:                                               Max:    0.53 acres
                                                            Min.:    0.258 acres

Parkland requirements:                       Parkland dedication required for this subdivision is 2.59 acres, the subdivider is proposing to provide 6.84 acres of open space/parkland. The parks will be privately owned and maintained by the subdivision HOA.

There are no stakeholder responses at this time. On October 26th, at a regularly scheduled meeting of the Planning Board, public comment will be formally received during a public hearing.

At the Planning Board Plat Review of this subdivision held October 12, staff gave a brief presentation to the board about the proposed subdivision. Planning staff stood for questions from the board, there were none for planning staff.

Mr. Taylor Kasperick of Performance Engineering, agent for the applicant, gave a few more details about the project. He stated the applicant will most likely be installing the dry hydrant tank with Phase 1. He also stated they will be most likely doing a gravel surface road rather than cul-de-sac ends on the Phase 1 roads to eliminate two long dead ends.  Mr. Kasperick stated they will be installing sidewalks on the interior side of the roads to facilitate pedestrian movement. Board member Tunnicliff asked what can be done with the parks when they have infrastructure in them. Mr. Kasperick stated there will only be one park with well-heads in it. Those three well-heads will be sticking out of the ground about 18 inches. Infrastructure in the other parks will all be subsurface systems. Parks will have sod planted in them and irrigation systems. The HOA will take care of maintenance of the parks.

In accordance with state law, the Board of County Commissioners has 60 working days to act upon this major preliminary plan. The 60 working day review period for the proposed subdivision ends on November 29, 2021. State and County subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The County may not unreasonably restrict an owner's ability to develop land if the subdivider provides evidence that any identified adverse effects can be mitigated. Within the 60 working day review period, the Board of County Commissioners is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plan

This plat will have no fiscal impacts on the City/County Planning Division.

One of the purposes of the County’s subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects.  Various County departments, private service/utility providers and the affected school district(s), have reviewed this application and provided input on effects and mitigation.  The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts. In this case, there were found to be some impacts from this proposed subdivision that required mitigation through conditions.