Staff proposes the Planning Board recommend to the Board of County Commissioners conditional approval of the preliminary plat of The Waters Subdivision, adopt the Findings of Fact as presented in the staff report and approve of the variances requested.

On July 1, 2022, PEC Engineering, agent for Mason and Jami Shanks, applied for preliminary major plat approval for The Waters Subdivision. The proposed subdivision creates 15 lots for residential development. The subject property is generally located on the south side of Central Avenue and east of South 52nd Street West. This parcel is zoned N4 – Large Lot Neighborhood. Planning Board will review the plat at this meeting and a conduct a public hearing on August 23rd, 2022. 

VARIANCES REQUESTED
The applicant has requested a variance from Section 4.6.A.6 of the Yellowstone County Subdivision Regulations, which requires a second means of ingress and egress for major subdivisions.  

Staff is recommending approval of the variance request. Further explanation and analysis can be found in Attachment A.

The applicant has requested a variance from Section 4.6.B.1 of the Yellowstone County Subdivision Regulations, which outlines the requirement for a connection to adjacent undeveloped land.

Staff is recommending approval of the variance request. Further explanation and analysis can be found in Attachment B.



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 to clearly outline those allowed to use the proposed driveway, prior to final plat approval, the applicant will add language outlining only lots 6 and 7 are allowed to use the shared drive at the end of the dead-end cul-de-sac.
3. To protect public health and safety and provide for future road maintenance, prior to final plat approval, the applicant will include language in the SIA under the heading III Transportation A Streets, clearly outlining the private street will be maintained by the Home Owner Association (HOA).
4. To protect public health and safety and outline maintenance of proposed pedestrian/bicycle trails to the east and west in the subdivision, prior to final plat approval, should the variance request be approved to not have vehicle connections, the applicant will build 10-foot-wide hard surface trail within the 20-foot-wide easement for both proposed connections. The applicant will add language in the SIA under the heading III Transportation B Sidewalks, the HOA will be responsible for the maintenance of the two trails to the east and west.
5. 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.
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, Legal 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 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.

PROCEDURAL HISTORY

• Pre-application meeting March 3, 2022
• Preliminary plat application submitted to Planning Division on July 1, 2022
• Departmental review meeting July 14, 2022
• Preliminary plat resubmittal July 21, 2022
• Planning Board plat review August 9, 2022
• Planning Board public hearing August 23, 2022
• Preliminary plat to Board of County Commissioners September 13, 2022
• 60 working-day preliminary plat review period ends September 26, 2022

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on August 23, 2022.

The Planning Board reviewed this item at its August 9th meeting.

PLANNING BOARD DISCUSSION
Staff gave an overview of the proposed subdivision, The Waters, to the Planning Board. After the presentation, Planning Board President Dennis Cook asked the board if there were any questions. Board member Woods asked about the proposed pedestrian connection to the east. It ends on a private access easement, would there need to be permission for pedestrians to access the easement? Staff stated that it would be advisable to obtain permission for the foot/bike traffic on a private easement. Monica Plecker, Planning Division Manager clarified a point about the variance request that the Billings Fire Department regulations do allow 30 individual homes on a cul-de-sac, although the subdivision regulations require a second way in and out of major subdivisions. The Billings Fire Department, with their regulations, believe this variance request is acceptable and does not create a life safety issue.  There were no other questions from the board for the planning division staff. 

Mr. Taylor Kasperick, agent for the subdivision, stood to address the board. Mr Kasperick stated that the easement for the pedestrian/bike access would be in place for future connections should the land to the east and west develop. Board member Hillius asked the agent how far away are city water and sewer lines? The agent responded that they are just west of Shiloh Road and this subdivision is near South 52nd Street West, just over a mile away. Board Member Hillius also asked if the community well will be monitored by the MDEQ? Mr. Kasperick stated it will be monitored as required by MDEQ. They are also requiring residents to only use the community well water for household use. Any yard irrigation would require each lot owner to drill a well on their lot for irrigation purposes.

There were no other question for staff or the agent. A public hearing is set for this proposed subdivision August 23, 2022.

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.