Staff recommends that the Planning Board conduct a publi chearing and recommend conditional approval of the preliminary plat of The Meadows Subdivision to the Board of County Commissioners, and adopt the Findings of Fact as presented in the staff report, the SIA, Waiver, and conveyance restrictions.

On June 1, 2022, IMEG Engineering Corp., on behalf of M&J Land Co., LLC, applied for preliminary major plat approval for The Meadows Subdivision, formerly known as Lackman Meadows Subdivision. The proposed subdivision creates 39 Lots for residential development. The subject property is generally located west of S 64th Street W and north of Hesper Road.

VARIANCES REQUESTED
No variances have been requested.

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 Billings 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 Billings Fire Department. The 30,000-gallon water storage tank with a dry hydrant shall be constructed by the Developer on Parkland as shown on the preliminary plat. When installed, the applicant will have the system tested and signed off by the Billings 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 submit easement documents and a plan demonstrating how the roads will be maintained by the subdivision residents. The easement documents must comment on whether future subdivisions on created lots will be allowed or intended.
4. To protect public health and safety, prior to final plat approval, the applicant shall include provisions to the SIA to include KNOX Gate Switches for all proposed gates for Fire Department access
5. 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.
6. 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.
7. 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.
8. 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.
9. To protect public health and safety and ensure access to public facilities, the applicant shall create a public access easement on Wildflower parallel to the frontage of Lot 16 & Parkland. The applicant shall create an RSID for the maintenance of the aforementioned easement.
10. To minimize the effects on local services and ensure public health and safety, the applicant shall dedicate the entire 60' right of way for South 68th Street West, a public road, and amend the SIA in Section III: Transportation to reflect the public status of 68th street west and the requirement for the developer to provide the entire right of way in accordance with Yellowstone County Subdivision Regulations.
11. To protect public health and safety and provide maintenance for South 68th Street West, prior to final plat approval, the applicant will be required to create an RSID for the maintenance of the aforementioned street.

PROCEDURAL HISTORY
Pre-application meeting: November 18, 2021
Preliminary Plat Application Submitted to Planing Board: June 1, 2022
Planning Board Plat Review: July 12, 2022
Planning Board Public Hearing: July 26, 2022
Preliminary Plat to Yellowstone County Board of County Commissioners: August 16, 2022
60 working-day preliminary plat review period ends: August 24, 2022

PLAT INFORMATION
General location: North of Hesper Road and west of S 64th St West
Legal Description: Certificate of Survey 2335, Tracts 2 & 3, Section 18, Township 1 South, Range 25 East Owner/Subdivider: M&J Land Co., LLC
Engineer/Surveyor: IMEG Engineering Corp.
Existing Zoning: None
Existing land use: Agricultural Proposed land use: Residential
Gross and Net area: 48.95 ac / 47.18 ac
Proposed number of lots: 39 Parkland requirements: 2.32 ac required / 2.74 ac provided

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

A plat review meeting was held July 12, 2022. The applicant and engineers were present at the meeting. Board member Dennie Stephenson fielded questions regarding the availability of sidewalks in the subdivision. Applicant and staff were able to answer such concerns. No additional questions or comments were made.

Since the plat review occurred, Public Works staff has requested three additional conditions of approval, which are now included in this staff report as conditions 9-11.

 

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 August 24, 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 districts, 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.