On May 1, 2018, Performance Engineering, LLC, agent for Billings Opportunities, LLC, owner, applied for preliminary major plat approval for Zimmerman Home Place Subdivision, 2nd Filing, Amended Lot 1, Blocks 4 and 5. The proposed subdivision creates 16 new lots for commercial development. The subject property is generally located on the northwest corner of the intersection of Grand Avenue and Zimmerman Trail. The property is zoned Community Commercial (CC) and Neighborhood Commercial (NC). The Yellowstone County Board of Planning conducted a public hearing on this preliminary major plat on June 26, 2018.

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 July 26, 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 March 22, 2018 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on May 1, 2018.
• A departmental review meeting was conducted on May 17, 2018.
• The preliminary plat was resubmitted with revisions based on department reviews on May 24, 2018.
• The Planning Board reviewed the plat on June 12, 2018.
• The Planning Board conducted a public hearing on June 26, 2018, and forward a recommendation to the City Council.
• The City Council will consider the preliminary plat on July 23, 2018.
• The 60 working-day preliminary plat review period ends July 26, 2018.

PLAT INFORMATION
General location: Northwest corner of the intersection of Grand Avenue and Zimmerman Trail
Legal Description: Lot 1, Blocks 4 and 5, Zimmerman Home Place Subdivision
Subdivider/Owner: Billings Opportunities, LLC
Engineer and Surveyor: Performance Engineering, LLC
Existing Zoning: Community Commercial and Neighborhood Commercial
Existing land use: Vacant/Farming
Proposed land use: Commercial
Gross and Net area: 34.66 acres
Proposed number of lots: 16
Lot size: Max: 3.69 acres
Min.: 0.79 acres
Parkland requirements: There is no parkland dedication required with this commercial subdivision

STAKEHOLDERS
Staff gave a brief presentation about the proposed subdivision to the Planning Board at its meeting on June 26. Planning Board President Tunnicliff asked if there were any questions from the board for staff.  There was a question about the existing irrigation ditches around the property and what would happen to them.  Staff responded that they would stay in place to service the remaining farm land to the north. Planning Board President Tunnicliff asked if the agent or applicant would like to speak to the Board.  Mr. Craig Dalton, agent, stood to answer any questions from the board but there were no questions.

The public hearing was opened and there was no one wishing to speak concerning the proposed subdivision. The public hearing was closed and there was a motion made to forward a recommendation of conditional approval with the proposed conditions of approval and findings of fact. It was seconded and the Board voted unanimously to approve the motion.

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 Zimmerman Home Place Subdivision, 2nd Filing to the City Council, and adoption of 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 minimize effects on local services and enable more useable roadways, prior to final plat approval the applicant's submitted TIS will be reviewed and approved by City of Billings Engineering Division outlining any additional requirements the developer needs to be responsible to construct. This review will also confirm or correct the contributions for street improvements from the developer listed in the SIA.

2. 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.

3. 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.

4. 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.

5. 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.