View Agenda Item

Planning Board
Date:	06/14/2022
Title:	Shop World II Subdivision - Preliminary Major Plat
Presented by:	David Green
Department:	Planning & Community Services
Presentation:	Yes

Information

RECOMMENDATION

Staff recommends the Planning Board recommend to the Yellowstone County Board of County Commissioners conditional approval of the preliminary plat of Shop World 2 Subdivision and adopt the Findings of Fact as presented in the staff report.

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

On May 2, 2022, the Planning Division received an application for major preliminary plat approval for the proposed Shop World 2 Subdivision. The property is generally located south of Monad Road and east of Eggebrecht Lane. This subdivision would create 186 lots from a 49.04-acre parcel for private storage garage development. The land is not used for farming and it is also outside of zoning.

VARIANCES REQUESTED
No variances are requested for this subdivision.

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.

To protect public health and safety, prior to final plat approval the applicant will receive approval from the MDEQ for the proposed wells/cisterns, septic systems and the proposed storm water management.
To protect public health and safety and provide written and visual documentation of which lots will have water and septic systems available to them, prior to final plat approval, the applicant will list which lots will have water and septic systems in the SIA and identify them on the plat with the final plat.
To ensure maintenance of Monad Road, which provides access to this subdivision, prior to final plat approval the applicant will create an RSID for the maintenance of Monad Road.
To provide for clarification of allowed public vehicles on the private roads and to provide documentation showing who is responsible for the maintenance of private roads, prior to final plat approval the applicant will provide easement documents for the private roads that allow emergency vehicle access and private utility access. Maintenance access for the fire dry hydrant shall also be included in this easement. Further, the applicant will create an HOA for the private road maintenance and provide documentation defining how fees will be assessed and collected.
To protect public health and safety and possibly provide a proportional share of the cost of intersection/road improvements to the County, prior to final plat approval, the applicant will enter in the SIA under the heading III Transportation information regarding the TIS and any improvement they may be required to provide a proportional share of cost of upgrade to the County.
To protect public health and safety and provide the correct water tank and access to the tank, prior to final plat approval the applicant will provide construction drawings to the Billings Fire Department for the dry hydrant system and receive approval before construction begins. The system must be tested and approved by the Billings Fire Department after installation, with a letter to show the approval from the Billings Fire Department. The applicant will also create an RSID-M for the maintenance of the dry hydrant system.
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.
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. The applicant will also check and provide documentation by photos or other means acceptable to the County Weed Department that the property has been checked for the presence of Russian Knapweed or Spotted Knapweed. Should either be present the applicant will take proper measures to eliminate the problem before any construction, in coordination with County Weed Department.
To ensure the placement of easements for private utility providers, prior to final plat approval, the applicant will coordinate with private utility companies to provide needed easements within the proposed subdivision. MDU has requested 10-foot-wide easement along front property lines.
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.
The final plat shall comply with all requirements of the County Subdivision Regulations, rules, policies, and resolutions of the Yellowstone County, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

Pre-application meeting December 9, 2021
Preliminary plat application submitted to Planning Division on May 2, 2022
Departmental review meeting May 19, 2022
Preliminary plat resubmittal May 26, 2022
Planning Board plat review June 14, 2022
Planning Board public hearing June 28, 2022
Preliminary plat to Board of County Commissioners July 19, 2022
60 working-day preliminary plat review period ends July 26, 2022

PLAT INFORMATION

General location:                                           South of Monad Road and east of Eggebrecht Lane

Legal Description:                                          Parcel 1C of COS 971

Owner/Subdivider:                                         Levi Britton

Engineer/Surveyor:                                         IMEG

Existing Zoning:                                             Outside of zoning

Existing land use:                                            Grass land

Proposed land use:                                          Commercial

Gross and Net area:                                         49.04 acres / 35.76 acres

Proposed number of lots:                                186

            Max. lot size:                                       13,261 square feet
            Min. lot size:                                       7,650 square feet
Parkland requirements:                                   There is no requirement for parkland dedication for a commercial development

STAKEHOLDERS

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on June 28.

ALTERNATIVES

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 July 26, 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

FISCAL EFFECTS

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

SUMMARY

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.

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