On February 1, 2018, KLJ Engineering for Boyer Land, LLC, applied for preliminary major plat approval for Silver Creek Estates Subdivision, 2nd Filing. The proposed subdivision would create 68 lots from a single lot. 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). Currently the property is farmland. The Yellowstone County Board of Planning reviewed the plat on March 13, 2018 and conducted a public hearing on March 27, 2018.  The Board recommends conditional approval of the preliminary plat.

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 on April 27, 2018. 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 working day review period, the City Council is required to:

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

VARIANCES REQUESTED

No variance has been requested.

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 meeting was conducted on February 15, 2018.
• The preliminary plat was resubmitted with revisions based on department reviews on February 22, 2018.
• The Planning Board reviewed the plat on March 13, 2018.
• The Planning Board conducted a public hearing on March 27, 2018, and forward a recommendation of conditional approval to the City Council.
• The City Council will consider the preliminary plat on April 23, 2018.
• The 60 working-day preliminary plat review period ends April 27, 2018.

PLAT INFORMATION
General location: East side of 50th Street West and south of Rimrock Road
Legal Description: Lot 1, Block 3A, Silver Creek Estates Subdivision, Amended
Subdivider/Owner: 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 / 23.0 acres
Proposed number of lots: 68
Lot size: Max: 110,000 square feet
Min.: 11,000 square feet
Parkland requirements: Parkland dedication met with previous filings.

STAKEHOLDERS
Staff gave a brief presentation about the proposed subdivision.  Forrest Sanderson of KLJ Engineering stated that the applicant was happy with the outcome of the staff recommendation and was in agreement with the proposed conditions of approval.  Mr. Sanderson then stated he would like to address concerns raised during the plat review about traffic.  He stated that the new layout of the subdivision actually reduced the traffic counts of the previously reviewed TIS and there would be less traffic to deal with when the subdivision was built out.  He explained that the development will make contributions to the City for possible future improvements to intersections around this subdivision. These contributions are explained in the Subdivision Improvements Agreement.  He also stated the TIS found traffic counts related to the development did not meet warrants that would require major upgrades to surrounding intersections. 

Vice President Woody Woods thanked Mr. Sanderson for the explanation on the traffic impacts to the area.  Vice President Woods asked if there were any question from the board regarding the proposed subdivision.  Board Member Williams asked if basements are allowed on the lower lots adjacent to the ditch.  Mr. Sanderson said groundwater will be a factor and a geotechnical investigation will be done with each lot with the building permit process. It was also clarified the Subdivision Improvements Agreement references geotechnical reports that were previously submitted to the City in Section II. Conditions that Run with the Land.

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

The Planning Board recommends conditional approval of the preliminary plat of Silver Creek Estates Subdivision, 2nd Filing to the City Council, and adoption of the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL

1. To minimize the effects on local services and ensure public safety, prior to final plat approval and prior to installation of any infrastructure the applicant will provide the City of Billings Engineering Division with installation and maintenance plans for the water, sewer and stormwater systems for review and approval.

2. To provide for the installation of private utilities, prior to final plat approval the applicant will coordinate with private utility providers for any needed easements and show them on the final plat as requested by the private utility companies.

3. To provide for proper addressing, prior to final plat approval the applicant will provide street names for the two streets running north and south between Silver Creek Trail and Blue Mountain Trail on the proposed plat.

4. To ensure public health and safety and provide for the maintenance and continued use of the High Ditch by the City of Billings for drainage purposes, prior to final plat approval a ditch easement agreement between Boyer Land LLC and High Ditch Company (District) shall name the City of Billings as a third party. The easement agreement shall:

• State the District grants the City first right of refusal to accept transfer of ownership of the District’s facilities and title, if applicable.
• Include language pertaining to the property owners within the subdivision to continue to meet the Subdivision Improvements Agreement pertaining to the ditch.
• Allow the City to utilize the easement for the public good and not restrict it to stormwater collection and discharge.
• Include easement boundaries as approved by the District. The easement document must be either written or reviewed by an attorney familiar with property law and transfers.

5. To ensure understanding of the use of the High Ditch easement, prior to final plat approval the applicant in the SIA under the heading VIII. Irrigation shall outline the requirements of the easement document for the High Ditch and how it is used and the City of Billings involvement with the ditch.

6. To minimize impacts on local services, prior to final plat approval centralized mail delivery site(s) shall be coordinated and identified and a letter from USPS shall be provided for verification.

7. 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.

8. 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.