On February 1, 2018 KLJ Engineering, agent for Boyer Land, LLC, applied for preliminary Minor plat approval for Silver Creek Estates Amended Subdivision. The proposed subdivision vacates 53 previously platted lots and right-of-way resulting in 1 lot. Subsequently, the applicant has submitted a proposed major subdivision that will further divide the single lot created by this subdivision at a higher density with new roads and realignment of Silver Creek Trail. The subsequent application will be reviewed by the Planning Board prior to City Council action. The subject property is generally located on the east side of 50th Street West and south of Rimrock Road.  The property is zoned Residential 7000, (R-70), and Residential 6000 (R-60).  The land is vacant at this time.
 

In accordance with state law, the City Council has 35 working days to act upon this minor preliminary plat. The 35 working day review period for the proposed plat ends on March 22, 2018. MCA 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. Within the 35 working day review period, 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 further develop under private ownership, resulting in additional tax revenues.

Staff recommends conditional approval of the preliminary plat of Silver Creek Estates Amended Subdivision to the City Council, and adoption of the Findings of Fact as presented in the staff report. 
 
VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.
 
PROPOSED CONDITIONS OF APPROVAL
Planning staff recommends the following conditions of approval:
 
1. To protect public health and safety and to ensure correct understanding of public infrastructure, prior to final plat approval the applicant in the SIA under Utilities A. Water service, will define where the water lines are currently located near this proposed subdivision and that there will be no water lines installed within this subdivision. 
2. To protect public health and safety and to ensure correct understanding of public infrastructure, prior to final plat approval the applicant in the SIA under Utilities A., Sewer Service, will define where the sewer lines are currently located near this proposed subdivision and that there will be no water lines installed within this subdivision. 
3. To protect public health and safety and to ensure correct understanding of public infrastructure, prior to final plat approval the applicant will define there will be no storm water infrastructure installed with this subdivision and when the single lot is subsequently subdivided in the future the applicant will be required to provide storm water management infrastructure.
4. To ensure a clear understanding that this subdivision is removing existing lots and roads, prior to final plat approval the applicant will change the wording in the SIA under III Transportation A., the last sentence of the paragraph says, ‘This is to provide one resulting lot that can be further subdivided to reconfigure the lots and right-of-ways that were created with the prior filing of Silver Creek Estates.’   The applicant shall replace that sentence with, ‘This subdivision is to provide one resulting lot that can be subdivided in the future with a new lot layout and roads.'
5. To ensure compliance with local subdivision regulations, prior to final plat approval the applicant shall provide a corrected Waiver of Right to Protest that is consistent with Appendix K of the Subdivision Regulations.
6. 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.   
7. 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

• A pre-application meeting was held on October 26, 2017 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on February 1, 2018
• A departmental review comments were returned on February 15, 2018.
• The City Council will consider the preliminary plat on March 12, 2018.
• The 35 working-day preliminary plat review period ends April 5, 2018. 

PLAT INFORMATION
 
General location:                                Generally located on the east side of 50th Street West and south of Rimrock Road
 
Legal Description:                              Lots 19-36, Block 1, Lots 1-12, Block 3, and all of Block 4, Silver Creek States Subdivision
 
Owner/Subdivider:                             Boyer Land, LLC
 
Engineer and Surveyor:                      KLJ Engineering
 
Existing Zoning:                                 R-70 and R-60
 
Existing land use:                              Vacant Land
 
Proposed land use:                             Residential
 
Gross and Net area:                            27.4 acres / 27.4 acres
 
Proposed number of lots:                    1
 
Lot size:                                            Max and Min:  27.4 acres
                                                           
Parkland requirements:                       In accordance with 76-3-621(3)(a), MCA this subdivision is not required to provide parkland dedication.
 
Variance requested:                            No variances have been requested.