Staff proposes the City Council conditionally approve the preliminary plat of Skyview Ridge Subdivision, 2nd Filing and adopt the Findings of Fact as presented in the staff report.

On February 15, 2024, Performance Engineering applied for preliminary minor plat approval for Skyview Ridge Subdivision, 2nd Filing. The proposed subdivision creates 2 lots from existing lots for commercial development. The subject property is generally located south of Wicks Avenue with High Sierra Boulevard to the northwest and Fantan Street to the northeast. The property is currently zoned NX3, Mixed Residential 3. They have applied for a zone change to CMU2, Corridor Mixed Use 2.

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. To ensure compliance with the required zoning and the proposed subdivision use, prior to final plat approval, the applicant will successfully obtain a zone change from NX3 to CMU2.
3. 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.
4. 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 October 12, 2023
• Preliminary plat application submitted to Planning Division on February 15, 2024
• Preliminary plat to City Council March 25, 2024
• 35 working-day preliminary plat review period ends April 5, 2024

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.

In accordance with state law, the City Council has 35 working days to act upon this major preliminary plat. The 35 working day review period for the proposed plat ends on April 5, 2024. 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

This plat will have no fiscal impacts on the City/County Planning Division.

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.