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| Planning Board | |
| Date: | 06/13/2023 |
| Title: | Howard Billings Industrial Subdivision - Preliminary Major Plat Review |
| Presented by: | Monica Plecker |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Staff recommends the Planning Board forward to the City Council a recommendation to conditionally approve the preliminary plat of Howard Billings Industrial Subdivision, adopt the Findings of Fact as presented in the staff report, and deny the variance request.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On May 1, 2023, Stahly Engineering & Associates for SLH Industries LLC, applied for preliminary major plat approval for Howard Billings Industrial Subdivision. The proposed subdivision creates 40 lots for commercial development. The subject property is generally located west of Mullowney Lane and south of South Frontage Road. The property is zoned Heavy Commercial (CX), builders will follow the CX zoning when developing the lots.
VARIANCES REQUESTED
The applicant is requesting a variance from the subdivision regulations, Section 23-406.A.1, Streets and Roads, relation to undeveloped areas.Staff has recommended denial of the variance. More information can be found in Attachment A of this staff report.
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.
VARIANCES REQUESTED
The applicant is requesting a variance from the subdivision regulations, Section 23-406.A.1, Streets and Roads, relation to undeveloped areas.Staff has recommended denial of the variance. More information can be found in Attachment A of this staff report.
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 submit all drawings and specifications for water systems, sewer systems and stormwater systems to the City of Billings Engineering Department for review and approval prior to installation.
- To protect public health and safety and minimize traffic conflicts, prior to final plat approval, City Engineering has requested the developer directly line up their Holiday Lane road with the existing Holiday Lane on the east side of Mullowney. This shall be depicted correctly on the Final Plat.
- To protect public health and safety and to minimize the possibility of traffic conflicts, prior to final plat approval, the applicant will place a no access strip on lots that have a lot line in common with the road edges of Mullowney Lane and South Frontage Road. Lot 2, Block 5 and Lot 1, Block 1, shall have a no access strip place on it from Mullowney Lane going west for 100 feet. Lot 17, Block 1, and Lot 1, Block 3 shall have a no access strip placed on them from South Frontage Road going south 100 feet.
- To protect public health and safety and minimize the impacts on local services, the subdivider shall provide connectivity to an existing trail and neighboring subdivision by installing a pedestrian bridge across Hogan’s Slough. This bridge will connect the existing trail located in QFC subdivision to this proposed subdivision with a 10-foot-wide paved surface that will extend from their new internal street to the existing 10 foot wide paved trail in QFC subdivision. The connection shall be depicted on the final plat and the SIA shall include language describing the bridge and pedestrian connection.
*Note, This condition reflects staffs recommendation of denial for the variance. If the Planning Board approves the variance, this condition of approval will no longer apply. - To protect public health and safety, prior to final plat, the applicant will coordinate with the USPS to locate a central box unit for the subdivision and provide enough space for the mail delivery person to safely stop there and deliver the mail.
- 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. Changes include, but are not limited to, requiring the developer to include a Waiver of Right to Protest with the SIA.
- The final plat shall comply with all requirements of the City of Billings Subdivision Regulations, rules, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.
- Pre-application meeting March 16, 2023
- Preliminary plat application submitted to Planning Division on May 1, 2023
- Departmental review meeting May 18, 2023
- Preliminary plat resubmittal May 25, 2023
- Planning Board plat review June 13, 2023
- Planning Board public hearing June 27, 2023
- Preliminary plat to City Council July 24, 2023
- 60 working-day preliminary plat review period ends July 26, 2023
PLAT INFORMATION
General location: West of Mullowney Lane and south of South Frontage Road
Legal Description: Amended plat of Lots 1 & 2, Block 1, of Zeiler Subdivision
Owner/Subdivider: SLH Industrial LLC
Engineer and Surveyor: Stahly Engineering & Associates
Existing Zoning: CX - Heavy Commercial
Existing land use: Farmland
Proposed land use: Commercial
Gross and Net area: 56.62 acres / 50,02
Proposed number of lots: 40
Lot size: Max: 2 acres
Min: 0.91 acres
Parkland requirements: Parkland dedication is not required for commercial subdivisions.
General location: West of Mullowney Lane and south of South Frontage Road
Owner/Subdivider: SLH Industrial LLC
Engineer and Surveyor: Stahly Engineering & Associates
Existing Zoning: CX - Heavy Commercial
Existing land use: Farmland
Proposed land use: Commercial
Gross and Net area: 56.62 acres / 50,02
Proposed number of lots: 40
Lot size: Max: 2 acres
Min: 0.91 acres
Parkland requirements: Parkland dedication is not required for commercial subdivisions.
STAKEHOLDERS
There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on June 27, 2023.
ALTERNATIVES
In accordance with state law, the City Council 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, 2023. State and City subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The City 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 City Council is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plan
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 City’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 City 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 minimal impacts from this proposed subdivision.