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Item 1.K.
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| City Council Regular | |
| Date: | 06/23/2025 |
| Title: | Clearwater Estates Subdivision, 2nd Filing - Preliminary Major Plat |
| Presented by: | David Green |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | No |
| Project Number: | PZX-25-00027 |
RECOMMENDATION
The Planning Board is forwarding a recommendation to the City Council to conditionally approve the preliminary plat of Clearwater Estates Subdivision, 2nd Filing, and adopt the Findings of Fact as presented in the staff report.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On April 1, 2025, Performance Engineering applied for preliminary major plat approval for Clearwater Estates Subdivision, 2nd Filing. The proposed subdivision creates 69 lots for residential and commercial development. The subject property is generally located south of Central Avenue, and west of Twin Pines Townhomes. The property is zoned Corridor Mixed Use 1 (CMU1), Mid-Century Neighborhood Residential (N2), Mixed Residential 1 (NX1), Mixed Residential 2 (NX2).
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 meet the requirements of subdivision regulations, prior to final plat approval, the applicant shall provide a break in block length of a minimum 30' wide for Lots 1-16, Block 5. Block design standards shall be in accordance with City of Billings Subdivision Regulations, Table 23-405.1 Required Block Design.
2. To minimize the effects on local services, prior to final plat approval, the applicant shall provide a proportionate share contribution as indicated within the Traffic Impact Study and approved by City of Billings Engineering.
3.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 and businesses.
4. 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.
5. 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
General location: South of Central Avenue, and west of Twin Pines Townhomes
Legal Description: Being Lots 1, 2, and 3 of Clearwater Estates Subdivision
Owner/Subdivider: Brown Development, LLC
Engineer and Surveyor: Performance Engineering
Existing Zoning: CMU1, N2, NX1, NX2
Existing land use: Agricultural
Proposed land use: Residential / Commercial
Gross and Net area: 23.43 acres / 20.34 acres
Proposed number of lots: 69
Lot size: Max: 117,454 square feet / 2.69 acres
Min: 7,152 square feet
Parkland requirements: Parkland dedication requirement is 1.67 acres. The applicant is providing 0.58 acres. The applicant is proposing to provide a cash-in-lieu contribution for the remaining 1.10 acres of parkland.
TRAFFIC IMPACT STUDY OVERVIEW:
This traffic study was done for Clearwater Estates Subdivision 2nd Filing. The traffic study was completed for when all filings of the subdivisions are built out.
A traffic accessibility study has been completed for the Clearwater Estates Subdivision, 2nd Filing. All required intersection improvement contributions identified therein shall be completed by the Subdivider at the Subdivider’s expense. The percent of traffic contributions to the following intersections shall be in accordance with the traffic accessibility study:
a. S. 48th and Central – 0.28%
b. Shiloh and Broadwater – 0.60%
c. Shiloh and Central – 1.64%
d. Shiloh and Monad – 0.39%
The cash contributions shall be based on the percent of traffic contributions to the intersections based on the total cost of an intersection as determined by City Engineering for the year in which the contribution is made. This subdivision will pay its proportional share of the cost of the improvements to intersections studied in the traffic impact study. These cash contributions for the intersection improvement will be made prior to final plat approval.
PARKS AND RECREATION:
Parkland dedication requirement for this subdivision is 1.67 acres. The applicant is proposing to provide 0.58 acres. The applicant is proposing to provide a cash-in-lieu contribution for the remaining 1.10 acres of parkland.Billings Parks and Recreation have requested that the developer provide, with the future filings, additional park land be added to the proposed parkland with this filing. The request is that the developer have a minimum of a 1 acre park for the two filings. This park location is in the middle of the subdivision. There is a regional park to the east of this subdivision, Centennial Park, that is 1.3 miles away. Clearwater Estates plans for additional filings in the future to the south of this filing, so additional combining of park land for a larger space will be possible.
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 meet the requirements of subdivision regulations, prior to final plat approval, the applicant shall provide a break in block length of a minimum 30' wide for Lots 1-16, Block 5. Block design standards shall be in accordance with City of Billings Subdivision Regulations, Table 23-405.1 Required Block Design.
2. To minimize the effects on local services, prior to final plat approval, the applicant shall provide a proportionate share contribution as indicated within the Traffic Impact Study and approved by City of Billings Engineering.
3.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 and businesses.
4. 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.
5. 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 February 27, 2025
- Preliminary plat application submitted to Planning Division on April 1, 2025
- Departmental review meeting April 17, 2025
- Subdivision resubmittal April 24, 2025
- Planning Board plat review May 13, 2025
- Planning Board public hearing May 28, 2025
- Preliminary plat to City Council June 23, 2025
- 60 working-day preliminary plat review period ends June 26, 2025
General location: South of Central Avenue, and west of Twin Pines Townhomes
Owner/Subdivider: Brown Development, LLC
Engineer and Surveyor: Performance Engineering
Existing Zoning: CMU1, N2, NX1, NX2
Existing land use: Agricultural
Proposed land use: Residential / Commercial
Gross and Net area: 23.43 acres / 20.34 acres
Proposed number of lots: 69
Lot size: Max: 117,454 square feet / 2.69 acres
Min: 7,152 square feet
Parkland requirements: Parkland dedication requirement is 1.67 acres. The applicant is providing 0.58 acres. The applicant is proposing to provide a cash-in-lieu contribution for the remaining 1.10 acres of parkland.
TRAFFIC IMPACT STUDY OVERVIEW:
This traffic study was done for Clearwater Estates Subdivision 2nd Filing. The traffic study was completed for when all filings of the subdivisions are built out.
A traffic accessibility study has been completed for the Clearwater Estates Subdivision, 2nd Filing. All required intersection improvement contributions identified therein shall be completed by the Subdivider at the Subdivider’s expense. The percent of traffic contributions to the following intersections shall be in accordance with the traffic accessibility study:
a. S. 48th and Central – 0.28%
b. Shiloh and Broadwater – 0.60%
c. Shiloh and Central – 1.64%
d. Shiloh and Monad – 0.39%
The cash contributions shall be based on the percent of traffic contributions to the intersections based on the total cost of an intersection as determined by City Engineering for the year in which the contribution is made. This subdivision will pay its proportional share of the cost of the improvements to intersections studied in the traffic impact study. These cash contributions for the intersection improvement will be made prior to final plat approval.
PARKS AND RECREATION:
Parkland dedication requirement for this subdivision is 1.67 acres. The applicant is proposing to provide 0.58 acres. The applicant is proposing to provide a cash-in-lieu contribution for the remaining 1.10 acres of parkland.Billings Parks and Recreation have requested that the developer provide, with the future filings, additional park land be added to the proposed parkland with this filing. The request is that the developer have a minimum of a 1 acre park for the two filings. This park location is in the middle of the subdivision. There is a regional park to the east of this subdivision, Centennial Park, that is 1.3 miles away. Clearwater Estates plans for additional filings in the future to the south of this filing, so additional combining of park land for a larger space will be possible.
STAKEHOLDERS
Planning Board Public Hearing - May 28, 2025
Staff gave a presentation about the proposed Clearwater Estates Subdivision, 2nd Filing. In the presentation, staff went over the TIS. This subdivision and the one to the east, 44 West Subdivision, were studied together to generate one TIS for both subdivisions. Staff provided a comment from City Engineering that stated this filing does not require a turn lane, but the next filing will trigger the need for a turn lane. Staff also went through the parkland requirements and requests from the Parks Department.
At the end of the presentation there were comments and several questions from the board. Three board members voiced concerns about traffic on Central Avenue, and they felt there needed to be a turn lane required with the current filing of the subdivision. They stated traffic on Central was dangerous as it is. Staff stated that City Engineering had provided comments, as shown in the staff presentation, that while a turn lane was not warranted with this filing it would be required with any future filing. Board members continued to ask about the turn lane and staff responded to each question. A board member also asked why there is a private road within the public subdivision and how maintenance of the road would be handled. The applicant's agent responded to that question, stating they were trying to provide a "higher-end" area for those who want a private neighborhood. The road will be maintained by a homeowners association (HOA) within the private area of the subdivision. The expectation is that this private portion of the development will be gated, according to the applicant's agent.
There were no further comments or questions from the board. The public hearing was opened by the Planning Board President. There was no one from the public wishing to speak about the subdivision. The public hearing was then closed.
The Planning Board President asked for a motion. A motion was made to forward a recommendation of conditional approval to the City Council. The motion was seconded. A vote was taken, 5 voted in favor of the motion with 3 opposing the motion. The motion carried.
Staff gave a presentation about the proposed Clearwater Estates Subdivision, 2nd Filing. In the presentation, staff went over the TIS. This subdivision and the one to the east, 44 West Subdivision, were studied together to generate one TIS for both subdivisions. Staff provided a comment from City Engineering that stated this filing does not require a turn lane, but the next filing will trigger the need for a turn lane. Staff also went through the parkland requirements and requests from the Parks Department.
At the end of the presentation there were comments and several questions from the board. Three board members voiced concerns about traffic on Central Avenue, and they felt there needed to be a turn lane required with the current filing of the subdivision. They stated traffic on Central was dangerous as it is. Staff stated that City Engineering had provided comments, as shown in the staff presentation, that while a turn lane was not warranted with this filing it would be required with any future filing. Board members continued to ask about the turn lane and staff responded to each question. A board member also asked why there is a private road within the public subdivision and how maintenance of the road would be handled. The applicant's agent responded to that question, stating they were trying to provide a "higher-end" area for those who want a private neighborhood. The road will be maintained by a homeowners association (HOA) within the private area of the subdivision. The expectation is that this private portion of the development will be gated, according to the applicant's agent.
There were no further comments or questions from the board. The public hearing was opened by the Planning Board President. There was no one from the public wishing to speak about the subdivision. The public hearing was then closed.
The Planning Board President asked for a motion. A motion was made to forward a recommendation of conditional approval to the City Council. The motion was seconded. A vote was taken, 5 voted in favor of the motion with 3 opposing the motion. The motion carried.
ALTERNATIVES
In accordance with state law, the City Council has 60 working days to act upon this major preliminary plat. The 60 working day review period for the proposed plat ends on June 26, 2025. 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 Plat
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat
FISCAL EFFECTS
This plat will have no fiscal impact on the City 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.