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Item 1.G.
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| City Council Regular | |
| Date: | 11/27/2023 |
| Title: | R. L. Subdivision - Final Minor Plat with Dual Jurisdiction |
| Presented by: | Monica Plecker |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | PZX-21-00143 |
RECOMMENDATION
Staff recommends the City Council approve the final plat of R. L. Subdivision.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On September 28, 2023, Site Pro, LLC applied for final plat approval for R. L. Subdivision. The proposed subdivision creates 2 lots. The R. L. Subdivision received preliminary approval from the Board of County Commissioners on August 2, 2021. On September 27, 2021, proposed Lot 1 of R. L. Subdivision was annexed into the city. Proposed Lot 2 remains in the County. See Attachment Annexation Development Agreement. The Annexation Development Agreement has a City of Billings Waiver of Right to Protest with it.
On July 5, 2022, the eastern part of Lot 1 went through the subdivision process, Wild Rose Subdivision, for a residential development. See Attachment Wild Rose Subdivision preliminary approval and Wild Rose Subdivision SIA. Attached to this staff report is the SIA for the County and the other documents as mentioned above.
The subject property is generally located between 54th Street West and 58th Street West, south of Rimrock Road. The property in the City and County is zoned N1 - First Neighborhood, N2 - Mid-Century Neighborhood, P1 - Parks and Open Space, NX1 - Mixed Residential, N3 - Suburban Neighborhood and N4 Large Lot Suburban, N4 is a county zoning.
Because of the annexation of Lot 1, R. L. Subdivision is now a dual jurisdiction subdivision requiring the BOCC and City Council to be party to the final plat.
Staff has reviewed the application of R. L. Subdivision and determined that the proposed plat has met all the conditions of approval and is forwarding a recommendation of final approval to the City Council. Upon City Council approval, these documents are appropriate as to form for filing with the Clerk and Recorder.
On July 5, 2022, the eastern part of Lot 1 went through the subdivision process, Wild Rose Subdivision, for a residential development. See Attachment Wild Rose Subdivision preliminary approval and Wild Rose Subdivision SIA. Attached to this staff report is the SIA for the County and the other documents as mentioned above.
The subject property is generally located between 54th Street West and 58th Street West, south of Rimrock Road. The property in the City and County is zoned N1 - First Neighborhood, N2 - Mid-Century Neighborhood, P1 - Parks and Open Space, NX1 - Mixed Residential, N3 - Suburban Neighborhood and N4 Large Lot Suburban, N4 is a county zoning.
Because of the annexation of Lot 1, R. L. Subdivision is now a dual jurisdiction subdivision requiring the BOCC and City Council to be party to the final plat.
Staff has reviewed the application of R. L. Subdivision and determined that the proposed plat has met all the conditions of approval and is forwarding a recommendation of final approval to the City Council. Upon City Council approval, these documents are appropriate as to form for filing with the Clerk and Recorder.
STAKEHOLDERS
A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting. At this time, the Planning Division has received no public comments or questions regarding the proposed subdivision.
ALTERNATIVES
The City Council may approve or deny the final plat of R. L. Subdivision. If the City Council chooses to deny the final plat, the denial must be because the criteria in Section 76-3-611, MCA are not met.
The criteria are as follows:76-3-611. Review of final plat.
(1) The governing body or the agent or agency designated by the governing body shall examine each final plat, and the governing body shall approve the plat only if:
Staff found that the final plat is in compliance with the requirements of state statutes, conditions of approval and local regulations.
The criteria are as follows:76-3-611. Review of final plat.
(1) The governing body or the agent or agency designated by the governing body shall examine each final plat, and the governing body shall approve the plat only if:
(a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and (local) regulations adopted pursuant to this chapter; and
(b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.Staff finds the final plat meets the criteria outlined in 76-3-611 above.
(b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.Staff finds the final plat meets the criteria outlined in 76-3-611 above.
Staff found that the final plat is in compliance with the requirements of state statutes, conditions of approval and local regulations.
FISCAL EFFECTS
The final plat of this subdivision will have no financial impact on the Planning Division.
Attachments
- R. L. Sub page 1
- R. L. Sub page 2
- R. L. Sub page 3
- R. L. Sub page 4
- Signed Preliminary approval for R. L. Subdivision
- R. L. Sub SIA
- Annexation Development Agreement
- Wild Rose Proposed Plat Lot 1 of R. L. Sub
- Wild Rose Draft SIA
- Wild Rose Preliminary Approval