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, 2012. The subject property is generally located on the south side of Elysian Road, just west of Mullowney Lane.  The property is zoned Community Commercial (CC), Highway Commercial (HC) and Residential Multi-Family Restricted (RMF-R).  The Yellowstone County Board of Planning reviewed the plat and conducted a public hearing on February 23, 2016.
 

In accordance with state law, the City Council has 60 working days to act upon this preliminary major plat. The 60 working day review period for the proposed plat ends on March 30, 2016. 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 day review period or a longer period as agreed to by the developer and City, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

If the City Council approves the preliminary plat, the subject property may develop under private ownership, resulting in additional tax revenues.

The proposed subdivision re-plats two large lots originally created in the Harmony Meadows Subdivision, 1^st Filing.  It creates 25 lots for commercial and multi-family development. The subject property is located on the south side of Elysian Road, just west of Mullowney Lane.  The property is zoned CC, HC and RMF-R.  The subject property is bordered on the north by commercial development across Elysian Road, on the south by a commercial development in the County and the Yellowstone River, on the east by the Catholic Holy Cross Cemetery across Mullowney Lane, and on the west by irrigated agricultural land (the future location of the McCall’s new development, Josephine Landing).
 
General location:                                             South side of Elysian Road and west of Mullowney Lane
 
Legal Description:                                           Lot 1 and Lot 2 of Block 1, Harmony Meadows Subdivision, 1^st Filing
 
Subdivider/Owner:                                         Harmony Meadows, LLC
 
Additional Owners:                                        James A Weber
 
Engineer and Surveyor:                                  Performance Engineering and Consulting
 
Existing Zoning:                                             CC, HC, and RMF-R
 
Existing land use:                                            Irrigated agricultural land
 
Proposed land use:                                          Commercial and Multi-Family Residential
 
Gross area:                                                      92.55 acres
 
Net area:                                                          82.67 acres
 
Proposed number of lots:                                25
 
Lot size:                                                          Max:    7.21 acres
                                                                       Min.:    1 acre
 

A public hearing was conducted by the Yellowstone County Board of Planning on February 23, 2016.  Staff gave a presentation to the Board and members of the public.  There were several questions and extensive discussion specifically on road connections and improvements.  It was asked if Mullowney Road is currently paved from Elysian Road to Story Road, why the applicant is being asked by City Engineering to submit an updated Traffic Impact Study (TIS), and how the proposed smaller parks inside lots in the proposed subdivision would be handled.  Staff responded that Mullowney is currently paved to Story Road but is not to a City standard. Staff also explained that the submitted TIS did not address all the intersections City Engineering would like to have addressed based on potential impacts from the subdivision. The TIS also needs to include cost estimates for proportional shares of reconstructing roads and intersections that are impacted by the development.  Staff stated that the applicant needs to provide an additional acre of parkland to meet the full requirement of parkland dedication. The proposal is for the lots that will have residential developments will have smaller parks within them to provide play areas for children.
 
Chris Hertz from City Engineering also addressed the Planning Board to answer questions about the proposed subdivision.  Some questions were asked about proposed Condition 9 that required the applicant to pave portions of Story Road and Stearns Circle through the County subdivision south of Harmony Meadows.  Mr. Hertz responded that the proposed subdivision is having impacts on the County roads in that area since traffic from the subdivision will use those roads. He stated that those impacts need to be mitigated through the paving of portions of Story Road and Stearns Circle.  It was noted by staff that the applicant should be responsible for a proportional share of the cost of paving, but not the entire amount. Board members also commented that residents in the County subdivision who will benefit from the paving should share a proportional cost as well.  The new subdivision farther to the west (Josephine Landing) may also have to pay a proportional share for improving the Story Road/Stearns Circle access.
 
The public hearing was opened and the applicant's agent, Scott Aspenlieder of Performance Engineering and Consulting, stated that the applicant is agreeable to most of the conditions and how the subdivision layout has developed with input from the applicant, City staff, and the developers to the west.  He also stated that his client had a meeting with the developer to the west and came to an agreement about road connections and the mixed-use trail along the south side of Elysian Road.  He did state the only issue his client has is with Condition 9 requiring his client to bear the entire cost of paving portions of Story Road and Stearns Circle.  He said his client was very willing to pay his proportional share but not the entire cost.
 
The Board asked Mr. Aspenlieder if he was comfortable with the way this subdivision and conditions were done and if he would prefer it if
Condition 9 was deleted.  He stated they were happy with the way this subdivision has turned out and yes they would be happy if condition Condition 9 were deleted, but he restated that his client was very willing to pay his proportional share of the road improvements.
 
The principal of Elysian School, Bob Whalen, spoke in favor of the application and said he was very grateful this developer and the developer to the west were willing to build the multi-use trail along Elysian Road early in the development process to provide a safe route for kids to get to the school.
 
One member of the public that stated he owned property in the County subdivision where Story Road and Stearns Circle are located, spoke in opposition to the proposed subdivision and said he felt that the developer should bear the entire costs to pave portions of Story Road and Stearns Circle.
 
The public hearing was closed and motions were made to conditionally approve the subdivision with modifications to the existing conditions.  Condition 9 was modified to require the applicant to pay a proportional share to pave portions of Story Road and Stearns Circle.  A motion to forward a recommendation of conditional approval with additions and modifications to the conditions was unanimously passed by the Planning Board.

Consistency with the Growth Policy, the 2014 Billings Long Range Transportation Plan, and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.