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Consent   1.J.
City Council Regular Business Meeting
Meeting Date:
01/26/2026
TITLE
Copper Farms Subdivision - Preliminary Major Subdivision
PRESENTED BY:
Hunter Kelly
Department:
Planning & Community Services
Presentation:
No
Legal Review:
Project Number:
PZX-25-00175

RECOMMENDATION

The Planning Board recommends City Council conditionally approve the preliminary plat of Copper Farms Subdivision and the Findings of Fact be adopted as presented in the staff report.

EXECUTIVE SUMMARY

The developers of Copper Farms Subdivision (formerly Copper Square Subdivision) are intending to create an 11-lot commercial subdivision. The subdivision will be constructed in two phases. Staff recommended to the Planning Board to conditionally approve the preliminary plat and SIA, and accept the Findings of Fact; and the Planning Board in turn is recommending to the City Council to conditionally approve the preliminary plat and SIA, and accept the Findings of Fact.

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

On November 3, 2025, Performance Engineering, on behalf of Paddy Shack, LLC, applied for preliminary major plat approval for Copper Farms Subdivision. The proposed subdivision creates 11 lots for development. The subject property is generally located south of Rimrock Road and east of 62nd Street West. The property is zoned CMU 1 (Corridor Mixed Use 1) & CMU 2 (Corridor Mixed Use 2). The land is currently used as agricultural land. A hearing associated with the annexation and zoning of the property occurred on November 24, 2025. During the hearing, Council required that the property have an annexation agreement (approved on December 15, 2025) to reflect the non-expiring Waiver of Right to Protest. 

VARIANCES
No variances are requested.

PROPOSED CONDITIONS OF APPROVAL
  1. To minimize the effects on local service prior to final plat approval, the applicant shall show on the face of the plat and provide for construction within the Subdivision Improvements Agreement (SIA) of an approved turnaround at the southern end of proposed Road B. 
  2. 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 in the future development.
  3. To provide correct documentation and timelines for the proposed phasing of the subdivision, prior to final plat, the applicant will include proposed opening dates for the phases and the correct documentation for future phases, restrictions on conveyances, and a release form.
  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, 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: September 18, 2025
Preliminary Plat application submitted to Planning Division: November 3, 2025
Departmental Review Meeting: November 13, 2025
Preliminary Plat Resubmittal: November 20, 2025
Planning Board Plat Review: December 9, 2025
Planning Board Public Hearing: December 23, 2025
Preliminary Plat to City Council: January 26, 2026
60 Working-Day Preliminary Plat Review period ends: February 4, 2026

PLAT INFORMATION
General Location: south of Rimrock Road and east of 62nd Street West
Legal Description: Lot 7, Sunny Cove Fruit Farms
Owner/Subdivider: Paddy Shack, LLC
Engineer/Surveyor: Performance Engineering
Existing Zoning: CMU 1 (Corridor Mixed Use 1) & CMU 2 (Corridor Mixed Use 2).
Existing Land Use: Agricultural land
Proposed Zoning: CMU 1 (Corridor Mixed Use 1) & CMU 2 (Corridor Mixed Use 2)
Proposed Land Use: Commercial Development
Gross Area: 8.95 Acres
Lot Size Minimum: 0.45 Acres
Lot Size Maximum: 3.00 Acres
Parkland Requirements: N/A, as this is a commercial subdivision.

Phasing
The subdivision will be constructed in two phases. Public improvements associated with these phases shall be constructed or monetarily guaranteed prior to opening the phase.
  • Phase 1: Lots 1-6
  • Phase 2 Lots 7-11

TIS Conclusions & Recommendations
Analysis of trip generation estimates, traffic operations, and considerations for alternative modes of transportation reveal that the proposed Copper Farms Subdivision project will have minimal impact on area traffic operations. Based on the analyses included herein, the following are recommended as appropriate:

Site Roadways & Accesses
The proposed new Road A along the western boundary and 60th Street West along the eastern boundary of the proposed Copper Farms Subdivision along with the proposed Road B and Road C should incorporate the following recommendations:
  • Roadways should be designed to accommodate the appropriate design vehicles, including at intersections and any proposed lot driveways.
  • Street design should include considerations of the needs for non-motorized users.
  • Design must also provide adequate intersection sight distance in accordance with City of Billings, Yellowstone County, MDT, and AASHTO standards.
Rimrock Road and Its Intersections with Road A and 60th Street West:
  • Stop control is recommended for the northbound approaches.
  • For ease of design and construction coordination, installation of a dedicated westbound left-turn lane at each intersection is recommended to be incorporated with the City of Billings Rimrock Road project between 54th Street West and 62nd Street West.
  • Consideration may be given to including separate left- and right-turn lanes on the northbound approaches to reduce delay for right-turning vehicles on those approaches.
  • Because of the proposed development character of Copper Square Subdivision, it is recommended to utilize a WB-40 as the design vehicle at each intersection, at a minimum, and a WB-62 as a control vehicle for accommodating turning movements at each intersection. Additionally, accommodation for emergency and solid waste vehicles must be considered.
  • Stop control is recommended for the eastbound, Road C approach at its intersection with 60th Street West plus the northbound and southbound, Road B approaches at its intersection with Road C.

 

FISCAL EFFECTS

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

STAKEHOLDERS

Planning Board Public Hearing - December 23, 2025
The Planning Board held a public hearing for this subdivision on December 23, 2025. Staff presented their findings and recommended conditional approval.

Multiple members of the Planning Board raised questions regarding the condition of a turnaround south of Road B, sidewalks, and street lighting.  Staff responded by noting the north end of the development will include four lots at the top, with a roadway providing access back to Road A. It was noted that the commercial development would be installing street lights, although this is not required under the Subdivision Regulations. Access easements were also discussed, including a 10-foot sidewalk easement located on Lot 5. The Board had no further questions. President Gravgaard opened the Public Hearing. No public comments were received. President Gravgaard closed the Public Hearing.  Board member Staley made a motion to recommend conditional approval, the motion was seconded by Board member Ronquillo and passed unanimously. 

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 February 4, 2026. State and City subdivision regulations also require that the 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 60-working day review period, the City Council is required to:
  1. Approve;
  2. Conditionally Approve; or
  3. Deny the Preliminary Plat

Attachments