Staff recommends the Planning Board recommend the Board of County Commissioners conditionally approve the preliminary plat of Southern Sky Estates Subdivision and adopt the Findings of Fact as presented in the staff report.

On March 1, 2022, Performance Engineering submitted to the Planning Division an application for Southern Sky Estates Subdivision, Preliminary Major Plat. The purpose of this subdivision is to create 29 lots with a mix of commercial and residential uses. Lots 13 through 29 of the Subdivision are intended to be developed with commercial condominiums. Only these lots shall be able to be developed as individual buildings with separate units to be leased or sold. Should Lots 1 through 12 within the Subdivision be developed with commercial condominiums, they shall be done so in accordance with the Yellowstone County Subdivision Regulation’s procedures for platting. The property is generally located south of Danford Road and east of South 60th Street West. The land is outside the zoning jurisdictional boundary.

VARIANCES REQUESTED
The subdivider has not requested a variance from Yellowstone County 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 dry hydrant maintenance, prior to final plat approval, the applicant will provide installation and tank specifications to Laurel Fire Department, prior to installation, for review and approval. The subdivision shall install a 30,000-gallon water storage tank with dry hydrant according to the specification of the Laurel Fire Department. The 30,000-gallon water storage tank with a dry hydrant shall be constructed by the Developer on Park 1 as shown on the preliminary plat. When installed the applicant will have the system tested and signed off by the Laurel Fire Department. The applicant will create an RSID for the new dry hydrant system for the subdivision.
3. 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. All temporary street names will have permanent names determined and identified on the Final Plat
4. To minimize the effects on local service prior to final plat approval, the applicant will coordinate with the USPS for preferred mail delivery box type. The applicant will coordinate the locations and provide the correct amount of space for safely delivering the mail to the residents.
5. 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.
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, including laws regarding moving houses onto or off the property, and the laws and Administrative Rules of the State of Montana.  

PROCEDURAL HISTORY

• Pre-application meeting October 28, 2021
• Preliminary plat application submitted to Planning Division March 1, 2022
• Preliminary Plat to Planning Board April 12, 2022
• Planning Board Public Hearing April 26, 2022
• Preliminary plat to Yellowstone County Board of County Commissioners May 17, 2022
• 60 working-day preliminary plat review period ends May 23, 2022.

PLAT INFORMATION
General location: South side of Danford Road and east of South 60th Street West
Legal Description: Certificate of Survey 2422, Parcel 1, Section 32, Township 1S, Range 25E
Owner/Subdivider: KE Construction
Engineer/Surveyor: Performance Engineering, LLC
Existing Zoning: None
Existing land use: Agriculture
Proposed land use: Residential and Commercial
Gross and Net area:83.88 acres / 68.96 acres
Proposed number of lots: 29
            Max. lot size: 13.027 acres
            Min. lot size: 1.194 acres
Parkland requirements: 2.86 Acres / 4.31 Acres provided


 

A public hearing is scheduled for April 26, 2022. The Planning Division has received no public comments or questions regarding the proposed subdivision at the time this staff report was made.

In accordance with state law, the Board of County Commissioners has 60 working days to act upon this major preliminary plat. The 60 working day review period for the proposed plat ends on May 23, 2022. Montana Code Annotated 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 is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

The preliminary plat of this subdivision will have no financial impact on the Planning Division.

One of the purposes of the County's subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider's responsibility to mitigate. 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 minimal impacts from this proposed subdivision.