Staff recommends the Planning Board conduct a public hearing and forward to the Board of County Commissioners a recommendation to conditionally approve the preliminary plat of Highlands Ranch Subdivision, 2nd Filing, and adopt the Findings of Fact as presented in the staff report.

On April 3, 2023, WWC Engineering, Tom and Kim Troop / Highlands Ranch LLC., applied for preliminary major plat approval of Highlands Ranch Subdivision, 2nd Filing. The subject property is generally located on the South of Highlands Ranch Road, southeast of Shorey Road and east of Molt Road. This parcel of land is outside of zoning. The land is currently dryland grass and shrub land.

VARIANCES REQUESTED
No variances from the City Subdivision Regulations 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 add language in the SIA under the heading ‘Conditions that run with the land” to alert future lot owners that they must receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.
2. To provide for the correct cash in lieu contribution, prior to final plat approval, the applicant will follow Section 10.6 Determining Cash Contributions for Parkland, for the correct amount to be paid to Yellowstone County parks department.
3. 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.
4. 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. 
5. 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.
6. The final plat shall comply with all requirements of the Yellowstone County Subdivision Regulations, rules, regulations, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.
7. To protect public health and safety, and minimize the effect on local services, prior to Final Plat approval, the applicant shall complete the necessary paperwork with Yellowstone County Public Works and Yellowstone County Finance Departments to expand and include the newly platted lots within the existing RSID which maintains the 30,000 gallon dry hydrant.

PROCEDURAL HISTORY

• Pre-application meeting January 19, 2023
• Preliminary plat application submitted to Planning Division on April 3, 2023
• Departmental review meeting April 20, 2023
• Preliminary plat resubmittal April 27, 2023
• Planning Board plat review May 9, 2023
• Planning Board public hearing May 23, 2023
• Preliminary plat to Board of County Commissioners, June 13, 2023
• 60 working-day preliminary plat review period ends June 27, 2023

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on May 23, 2023.

On May 9, 2023, a plat review meeting was held with the Planning Board. After a brief presentation to the board from staff, Board President Dennis Cook asked if there were any questions for staff from the board.

Board member Staley had two questions - one was concerning the parkland and the other the fire suppression. Staff explained that the proposed parkland is a 23-ft wide strip along the south side of Highlands Ranch Road and the Yellowstone County Parks Board felt it would be a roadside maintenance issue and not a usable park area. Parkland is not required unless the lots are 5 acres or less. A strip of parkland along a road does not provide any usable space and with such large lots in the subdivision, parkland would most likely be unused space. The County Parks Board is requesting cash-in-lieu instead as the proposed parkland it is not providing an amenity.

Board member Staley stated Molt Volunteer Fire Department is not a structure fire department. It is equipped to handle grass fires only. Staff pointed out that the dry hydrant meets the requirements of subdivision and could be used by the Billings or Laurel fire departments if called. Board member Staley stated he would like to see a sentence in the SIA stating that Molt VFD only handles grass fires and not structure fires. Board President Cook concurred and said he would like to have the SIA address fire service, thus making potential buyers' aware of the Molt VFD limitations. Board member Staley stated that in areas like this where fire suppression is not readily available insurance premiums are a 10-rating which is basically stating there is no fire suppression capabilities in the area. This makes a significant difference in insurance costs. Staff stated that language will be added in the SIA to address the Molt VFD constraints and clarify they are only equipped to serve grass fires. President Cook stated it is a safeguard for homeowners when purchasing property and homeowner’s insurance. Board member Nordel, asking to make certain he understood correctly, stated that the lots are so large and the placement of the homes is an unknown, so property owners will determine the location of their home and submit to DEQ for septic and well approvals? Staff affirmed that is correct.

Greg Reid, WWC Engineering stood to speak. He addressed the proposed parkland stating they would plan on putting a trail in the 23 foot width believing in the future as the area develops the trail could be longer and provide a walking path for residents. The applicant would prefer to not provide cash in lieu contribution. He stated they will contact County Parks and clarify parkland before the next meeting on May 23rd. There were no other questions from the board.

WWC has updated the Subdivision Improvement Agreement to reflect wording related to Molt Volunteer Fire Department in Section IV. titled Emergency Services. It is attached to this report. Information about the discussion with the County Park Board regarding the linear park land proposal was not available when this memo was completed.
 

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 June 27, 2023. 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.

The purpose 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.