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Item 1.N.
 
City Council Regular
Date: 07/10/2023
Title: Shiloh Crossing Subdivision, Amended Lot 4E-2 -- Preliminary Minor Plat
Presented by: Monica Plecker
Department: Planning & Community Services
Presentation: No
Legal Review: Not Applicable
Project Number: PZX-22-00297

RECOMMENDATION

Staff proposes the City Council conditionally approve the preliminary plat of Shiloh Crossing Subdivision, Amended Lot 4E-2 and adopt the Findings of Fact as presented in the staff report.

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

On June 1, 2023, Sanderson Stewart, applied for preliminary minor plat approval for Shiloh Crossing Subdivision, Amended Lot 4E-2. The proposed subdivision creates 3 lots from an existing lot for commercial development. The subject property is generally located east of Shiloh Road and west of Shiloh Crossing Boulevard. It is east of the Shiloh Conservation Area. The property is zoned CMU 2, Corridor Mixed Use 2. The property is currently developed with commercial uses. 

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 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.
  2. 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.
  3. 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.
PROCEDURAL HISTORY
  • Pre-application meeting January 12, 2023
  • Preliminary plat application submitted to Planning Division on June 1, 2023
  • Preliminary plat to City Council July 10, 2023
  • 35 working-day preliminary plat review period ends July 21, 2023
 
PLAT INFORMATION

General location:                                East of Shiloh Road and west of Shiloh Crossing Boulevard. It is east of the Shiloh Conservation Area.

Legal Description:                              Amended Plat of Lot 4E-2, Block 1, Shiloh Crossing Subdivision.

Owner/Subdivider:                             RT Investments

Engineer and Surveyor:                      Sanderson Stewart

Existing Zoning:                                 CMU-2

Existing land use:                                Subdivision

Proposed land use:                              Commercial

Gross  area:                                         1.72 acres

Proposed number of lots:                    3

Lot size:                                               Max:    27,108 square feet
                                                            Min:     23,364 square feet

Parkland requirements:                       Parkland dedication is not required as this is a minor subdivision. Section 23-1008 A. BMCC

STAKEHOLDERS

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting.  The Planning Division has received no public comments or questions regarding the proposed subdivision at the time this report was prepared.

ALTERNATIVES

In accordance with state law, the City Council has 35 working days to act upon this minor preliminary plat. The 35 working day review period for the proposed plat ends on July 21, 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 35 working day review period, the City Council is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

Staff is recommending Conditional Approval and adoption of the Findings of Fact.

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.

Attachments