On July 1, 2009, the subdivider, Cherry Creek Development, Inc., applied for preliminary major plat approval for Danube Court, a manufactured home park development. While this development does not create multiple lots, it is subject to review under Section 23-600 of the City Subdivision Regulations as a subdivision for rent or lease. The proposed development contains 62 spaces for manufactured homes (units) on approximately 9.7 acres of land. The subject property is located east of Bitterroot Drive off of Cherry Creek Loop and is legally described as a portion of Lot 4, Block 1, Cherry Creek Estates Subdivision. The property is zoned Residential Manufactured Home. The Planning Board conducted a public hearing at its meeting on August 25, and is forwarding a recommendation of conditional approval to the City Council.

State and City subdivision regulations 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.  The City Council may approve, conditionally approve, or deny the preliminary plat application of the Danube Court Manufactured Home Park.

Should the City Council approve this preliminary plat, the subject property may further develop, resulting in additional tax revenues for the City.

The Planning Board on an 8-0 vote recommends that the City Council conditionally approve the preliminary plan of the Danube Court Manufactured Home Park and adopt the Findings of Fact as presented in the staff report. The proposed conditions are as follows:

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 minimize effects on local services, the developer shall provide centralized delivery boxes with sufficient pullouts to accommodate mail carrier vehicles. The location of the boxes shall be reviewed and approved by the post office prior to final plan approval and the Subdivision Improvement Agreement (SIA) recording.  (Recommended by the United States Postal Service).

2. To minimize effects on local services and to mitigate the impacts of the development on local infrastructure, prior to final approval and before any manufactured homes are placed on the property, the required cash contribution for the intersection of Hilltop Road and Bench Boulevard and the required cash contribution for the left turn bay at the intersection of Hawthorne Lane and Yellowstone River Road must be made. The cash contribution amounts also must be stated in Section III (D) of the SIA. (Required by City Engineering Division)

3. To minimize the effects on local services and provide park land for the Danube Court development in compliance with the City Subdivision Regulations, the cash contribution in lieu of the required 1.07 acres of parkland shall be waived as per Section 23-1009 (D) of the City Subdivision Regulations. To meet the waiver requirements in Section 23-1009 (D), prior to final approval and before any manufactured homes are places on the property, the developer will identify a 1.07 acre parcel of private property for park land for Danube Court residence on property near the Danube Court Manufactured Home Park, show the parcel location on the final Site Plan Exhibit for the Danube Court Manufactured Home Park, and include a description of the property location, purpose and compliance with Section 23-1009 (D) in the SIA.

4. To minimize the effects on local services and comply with Section 23-413 of the City Subdivision Regulations, prior to final approval and before any manufactured homes are place on the property, all fire hydrant requirements specified by the City Fire Department will be met, including proper spacing and location of hydrants throughout the subject property. (Required by the City Fire Department as per Section 23-413 BMCC)

5. 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.

6. The final development plan for the Danube Court Manufactured Home Park shall comply with all requirements of the City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of Yellowstone County, and the laws and Administrative Rules of the State of Montana.

On July 1, 2009, the subdivider, Cherry Creek Development, Inc., applied for preliminary major plat approval for Danube Court, a manufactured home park development. While this development does not create multiple lots, it is subject to review under Section 23-600 of the City Subdivision Regulations as a subdivision for rent or lease. The proposed development contains 62 spaces for manufactured homes (units) on approximately 9.7 acres of land. The subject property is located east of Bitterroot Drive off of Cherry Creek Loop and is legally described as a portion of Lot 4, Block 1, Cherry Creek Estates Subdivision. The property is zoned Residential Manufactured Home. The Planning Board conducted a public hearing at its meeting on August 25, and is forwarding a recommendation of conditional approval.

• The subject property was annexed on April 8, 2002.
• The Cherry Creek Estates Subdivision where the subject property is located was platted in December 2002.
• On July 1, 2009, a preliminary plat application for Danube Court Manufactured Home Park was submitted for preliminary plat review.
• On July 16, 2009, a department review meeting was held to review the preliminary plat submittal.
• On August 11, 2009, the Planning Board reviewed the plat.
• On August 25, 2009, the Planning Board held a public hearing and made its recommendation to the City Council on the development proposal.
• On September 14, 2009, the City Council will review and take action on the preliminary development plan of the proposed subdivision.

On July 1, 2009, the subdivider, Cherry Creek Development, Inc., applied for preliminary major plat approval for Danube Court, a manufactured home park development. While this development does not create multiple lots, it is subject to review under Section 23-600 of the City Subdivision Regulations as a subdivision for rent or lease. The proposed development contains 62 spaces for manufactured homes (units) on approximately 9.7 acres of land. The subject property is located east of Bitterroot Drive off of Cherry Creek Loop and is legally described as a portion of Lot 4, Block 1, Cherry Creek Estates Subdivision. The property is zoned Residential Manufactured Home (RMH).


General location: East of Bitterroot Drive off of Cherry Creek Loop

Legal Description: A portion of Lot 4, Block 1, Cherry Creek Estates Subdivision

Subdivider/Owner: Cherry Creek Development, Inc.

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: RMH

Existing land use: Developed for manufactured homes

Proposed land use: Manufactured homes

Gross area: 9.7 acres

Net area: 9.7 acres

Proposed number of lots: 62 Units

Parkland requirements: 1.07 acres of parkland required; cash in lieu of land dedication is proposed