On January 4, 2016, Harmony Meadows, LLC, applied for preliminary major plat approval for Harmony Meadows, 2^nd Filing. The proposed subdivision would create 25 lots for commercial uses and multi-family residential development. The first filing of this subdivision was done as an expedited subdivision creating two large lots in December of 2012. The subject property is generally located on the south side of Elysian Road, just west of Mullowney Lane.  The property has multiple zonings of Community Commercial (CC), Highway Commercial (HC) and Residential Multi-Family Restricted (RMF-R).  The Planning Board is scheduled to conduct a public hearing at this meeting and the Billings City Council is scheduled to act on the proposal on March 21, 2016.
 

Staff recommends that the Planning Board recommend conditional approval of the preliminary plat of Harmony Meadows Subdivision, 2^nd Filing, to the City Council, and adopt the Findings of Fact as presented in the staff report. 
 
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 ensure the provision of easements for utilities, prior to final plat approval the subdivider shall provide utility easements on the final plat as requested by the private utility companies.
2. To minimize effects on public facilities and for public safety, prior to final plat approval the subdivider will coordinate the layout of the proposed storm water detention facility in the public park with the City Parks Department and have a letter from the Department stating the proposal is acceptable. The facility also must meet the requirements of City Engineering Division and be approved by the Division prior to final plat approval.
3. To minimize effects on local services and ensure proper storm water management, prior to final plat approval the applicant will provide a storm water report to the City Engineering Division for approval.
4. To minimize effects on local services and to ensure proper maintenance of the detention pond in the public park, prior to final plat approval in the SIA under Section V Storm Drainage second paragraph, the last sentence shall be changed to read “Stormwater detention facility will be maintained through the creation of a Parks Maintenance District.”
5. To minimize the effects on local services and provide access control onto Elysian Road, prior to final plat approval the applicant will show on the face of the plat a controlled access strip along Elysian Road.
6. To minimize effects on local services and ensure proper access for pedestrians, prior to  final plat approval the applicant will add a paragraph in the SIA under Section III Transportation B, that all sidewalks will be installed at time of lot development with the exception of ADA ramps at the intersections. The ADA ramps  will be constructed at the time of road construction.
7. To minimize the effects on local services and contribute to intersections that may be impacted by this development, prior to  final plat approval, the applicant will submit an updated Traffic Impact Study to the City Engineering Division and offsite intersection contributions must be identified within the Traffic Impact Study.  These contributions must be outlined within the SIA detailing each intersection and timing of contribution.
8. To minimize the effects on local services and provide for coverage of possible future costs related to bridge construction, prior to  final plat approval, the applicant in the SIA under Section III Transportation A Streets will modify language in paragraph 2 and 3, the last sentence by removing the words ‘construction costs’ replacing them with,  ‘any overages incurred’ beyond the 50% that what will be contributed for improvements to cross Hogan Slough.
9. To minimize the effects on local services as per the City Engineering Division, prior to final plat approval the applicant will add language within the street section of the SIA, that reads:  “Upon construction of Phase IV, developer is required to construct Story Road and/or Stearns Circle between the eastern boundary of Harmony Meadows Subdivision and Mullowney Lane to the standards that are in place at the time of Phase IV construction.  Developer is also required to mill and overlay Mullowney Lane to City standards between Elysian Road and Story Road.  If the properties along Story Road have annexed into the City prior to Phase IV construction, the City may initiate a Special Improvement District and include Harmony Meadows Phase IV in the Special Improvement District for its proportionate share.”
10. To minimize effects on local services and ensure proper parkland dedication requirements, prior to final plat approval, the subdivider will meet with the City Parks Department and determine how much additional parkland will be provided through smaller park areas within the proposed lots in the subdivision and provide HOA language to outline how these smaller parks will be maintained.
11. To minimize the effects on local services, prior to final plat approval the subdivider will provide a letter from the United States Postal Service acknowledging its agreement with the placement of mail delivery facilities in the subdivision.
12. To ensure proper documentation for the proposed phasing of Harmony Meadows, prior to final plat approval the applicant will include a Declaration of Restriction of Transfers, a Release, and a Certificate for each proposed phase of Harmony Meadows.
13. 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.
14. 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.

None

A brief presentation was given to the planning board about the proposed Harmony Meadows Subdivision, 2^nd Filing.  After the presentation, the Planning Board asked several questions of staff. There was a question about the type of zoning of the proposed subdivision. Staff explained that the zoning is commercial and residential multi-family, with the commercial zoning closer to Elysian Road and the residential on the southern part of the subdivision.  There was concern raised by Board members about fire access within the large lots.  Staff explained that when the lots develop, the Billings Fire Department would be part of the review process and would have input on the design to ensure adequate access and fire suppression systems are put in place.

The Board also discussed the proposed connection to Story Road and the requirement by the City Public Works Department to pave it between the subject property and Mullowney Lane.  Staff explained that the applicant was proposing to connect to Story Road only as a  gated 'Temporary Emergency Access’ and the applicant did not want to pave Story Road. Staff explained that the applicant had anticipated that in the future, should the River Grove Estates Subdivision now in the County annex into the City, Story Road and/or Stearns Circle would be upgraded to city standards and the ‘Temporary Emergency Access’ would be removed and Story Road would become a full access road through the area.  Staff also explained that Story Road was proposed to continue through the Harmony Meadows Subdivision to the west to connect with the future subdivision on the west side of Hogan's Slough.

The Board also asked about the proposed controlled access along Elysian Road and improvements along Elysian.  Staff explained that the controlled access was to give the Engineering Division more control on where accesses could be placed entering onto Elysian Road to minimize as much as possible traffic conflicts. Staff clarified that Elysian Road will be improved with each phase of the development across the frontage.
 
The applicants agent, Scott Aspenlieder, provided comment about the proposed subdivision.  He stated that he believed the proposed layout and access points were the best solution to the requirements of the subdivision regulations and for the community.  He stated that his clients only concern was condition number 9 in the staff report that states the applicant will be required to pave Story Road or Stearns Circle at Phase 4 development between the subject property and Mullowney Lane.  He said the two roads go through a county subdivision and the proposed project only needs to use the Story Road access as a ‘Temporary Emergency Access’ to complete the development. 
 
The Board asked Mr. Aspenlieder about creation of a Special Improvement District (SID) to address the Story Road paving and how property owners in the Harmony Meadows Subdivision would be notified about an SID before buying property. Mr. Aspenlieder answered that it is created by the Engineering Division, all property owners are notified of the proposed SID and the costs, and as long as a majority are not opposed the SID moves forward. Staff also noted that A Waiver of Right to Protest is attached to all subdivisions and that is something the future property owner should be made aware of during the title review when purchasing the property. No other comments or questions were asked and the proposal was set for a public hearing on February 23, 2016.