On March 1, 2022, Blueline Engineering, agent for Jerry Brey, applied for preliminary major plat approval for Lipp Subdivision, 2nd Filing. The proposed subdivision creates 13 lots for commercial development. The subject property is generally located on the southwest corner of 88th Street West and Lipp Road. This parcel of land is outside of zoning and is surrounded by various uses that include commercial, residential and farming.  The Planning Board reviewed the plat at its April 12 meeting and will conduct a public hearing at this meeting before making a recommendation to the Board of County Commissioners. 

VARIANCES REQUESTED
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. The specific request is to use an existing nearby hydrant in the Brey Subdivision rather that installing one for this development. Staff is recommending denial of the variance request. Further explanation and analysis can be found in Attachment A. If the variance is denied, the Subdivision Improvement Agreement will be required to be updated in Section I. Variances.

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. Further, to ensure future lot owners are aware of the water and sanitary restrictions on some lots, the SIA, under Conditions That Run With the Land shall include language to inform lot purchasers of these restrictions.
2. To protect public health and safety and provide for future road maintenance, prior to final plat approval, the applicant will obtain access permits from MDT. They will create an RSID for the new public roads within the subdivision with the ability to expand with each new phase. 
3. To protect public health and safety with proper fire suppression, prior to final plat approval, the applicant will submit construction drawings of the dry hydrant system to Laurel Fire Department for review and approval. Once installed the applicant will request Laurel Fire Department to test the system to ensure it works correctly and get a sign off from Laurel Fire Department. The applicant will also create an RSID for the dry hydrant system that is expandable with each new phase.  
4. 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.  
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, Legal 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 City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this meeting.

Planning staff provided an overview of the development during the plat review at the Planning Board meeting on April 12th. President Cook called for discussion and questions by the members of the Board.  Board member Woods commented regarding the dry hydrant in Brey Subdivision and said it was to serve Brey Subdivision at full build out and is within the Molt Fire Department District.  He stated he is not in favor of the variance request. There was no other discussion of the plat by the Board.

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 May 23, 2022. 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.