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Item 1.L.
 
City Council Regular
Date: 05/28/2024
Title: Les Schwab Subsequent Minor Subdivision - Preliminary Plat
Presented by: Hunter Kelly, Planner 1
Department: Planning & Community Services
Presentation: No
Legal Review: Not Applicable
Project Number: PZX-23-00256

RECOMMENDATION

Staff recommends to the City Council that the preliminary plat of Les Schwab Subdivision be conditionally approved and the Findings of Fact adopted as presented in the staff report.

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

On April 15, 2024, Graham Engineering, on behalf of SFP-E, LLC, applied for preliminary subsequent minor plat approval for Les Schwab Subdivision. The proposed subdivision creates 2 lots for development. The subject property is generally located at the northeast corner of the intersection of Shiloh Road and Shiloh Crossing Boulevard. The property is zoned CMU2 - Corridor Mixed-Use 2. The proposed Lot 1 has the Les Schwab Tire Center on it and the proposed Lot 2 is currently vacant land.

VARIANCES
No variances were requested.

PROPOSED CONDITIONS OF APPROVAL
  1. To minimize the effects on local service prior to final plat approval, the applicant will coordinate with the USPS to determine what type of delivery system is preferred and to locate and provide the correct amount of space for safely delivering the mail to the residents.
  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, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY
Pre-Application Meeting: November 20, 2023
Preliminary Plat application submitted to Planning Division: April 15, 2024
Preliminary Plat to City Council: May 28, 2024
35 Working-Day Preliminary Plat Review period ends: June 4, 2024

PLAT INFORMATION
General Location: at the northeast intersection of Shiloh Road and Shiloh Crossing Boulevard
Legal Description: Amended Shiloh Crossing Subdivision, Block 1, Lot 4E-3 
Owner/Subdivider:  SFP-E, LLC
Engineer/Surveyor: Graham Engineering
Existing Zoning: CMU2 - Corridor Mixed-Use 2 
Existing Land Use: Vacant land
Proposed Zoning: CMU2 - Corridor Mixed-Use 2 
Proposed Land Use: Commercial/ Mixed-use Development
Gross & Net Area: 2.164 Acres
Lot Size: 
Minimum: 0.762 Acres
Maximum: 1.402 Acres
Parkland Requirements: N/A for this subdivision

STAKEHOLDERS

There have been no comments received from the public on this plat at the time this memo was drafted. 

ALTERNATIVES

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 June 4, 2024 State and City subdivision regulations also require that preliminary plat 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

FISCAL EFFECTS

The preliminary plat of this subdivision will have no financial impact on the 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