On March 6, 2019, Sanderson Stewart, agent for the McCall Development, applied for an amendment to the recorded SIA for Annafeld Subdivision, 1st Filing. The amendment addresses timing of infrastructure improvements for Annafeld Subdivision, 1st Filing. In the SIA for this Subdivision, under the heading III Transportation A. Streets 4., indicates this developer will contribute to a bridge over the Hogan’s Slough to make a connection to Story Road. The subject property is generally located on the south side of Elysian Road and west of the Hogan’s Slough. The property is zoned Planned Development (PD).

The City Council may approve or disapprove of the proposed amendment to the Annafeld Subdivision, 1st Filing SIA. Staff is recommending the Council approve of the proposed amendment.

Staff has provided the background information below regarding the reasons for the amendment request:

Annafeld Subdivision, 1st Filing, received final plat approval on April 26, 2016.  The recorded SIA, under the heading Transportation A. Streets 4, states: "Story Road, lying east of Walter Creek Boulevard, will be constructed at the time of construction of the Hogan’s Slough Crossing. The Subdivider agrees to contribute up to 50 percent of the cost for the design, permitting, and construction of the Hogan's Slough crossing on Story Road." Story Road is to be built in Phase II construction of Annafeld Subdivision, 1st Filing.  There is a small portion of Story Road in Annafeld Subdivision, 1st Filing, which runs east and west, where it intersects with Walter Creek Boulevard, which goes north from that intersection. The Harmony Meadows Subdivision (which is directly east of Annafeld Subdivision across Hogan's Slough) SIA under the heading III Transportation A. Streets, states: "The Developer agrees to contribute up to fifty percent (50%) cost share for the design, permitting, and construction of the Story Road crossing at Hogan's Slough. The crossing will be installed as part of the Phase IV improvements for the development of Harmony Meadows Subdivision, or when interconnection is required as determined by the City of Billings.
 
Annafeld Subdivision, 1st Filing, has been under way for approximately 3 years and the developers are planning to move forward with final stages of road construction in the 1st filing. This final stage will include the construction of Story Road to the western edge of the Hogan’s Slough.  Harmony Meadows to the east has moved forward with Phase 1 construction. It has not proceeded to any additional phases at this time.  Harmony Meadows SIA states the developer will contribute to the design and construction of the bridge across the Hogan’s Slough when the development gets to Phase IV.  Annafeld Subdivision is moving forward at a different pace than Harmony Meadows to the east.
 
With the amendment to the SIA for Annafeld Subdivision, 1st Filing, there are three possible times when the 50% contribution can be made for construction of a bridge across Hogan’s Slough.  The proposed SIA amendment would allow the cash contribution to be made with a future filing of Annafeld Subdivision:

1. When the crossing is required by a future filing’s traffic study;
2. When construction has commenced on Phase IV of Harmony Meadows Subdivision; or
3. With the final filing of Annafeld Subdivision

When one of those triggers are met, the Annafeld Subdivison developer will make the contribution required in the SIA.  Any one of the three trigger points will guarantee the developer of Annafeld Subdivision will contribute to the bridge design and construction.
 
Planning staff requested comment from City Departments affected by the proposed changes in the SIA.  There were no concerns expressed by any other City Department, including Public Works and Fire. The needed improvements will be installed when one of the trigger points is met in the proposed new language in the SIA.

If the City Council approves the amended SIA, at sometime in the future street connections between Annafeld Subdivision and Harmony Meadows Subdivision will take place when both subdivisions will contribute to the proposed bridge across Hogan's Slough.  The construction of a bridge over Hogan's Slough has no direct financial impact on the City of Billings as these improvements will be made by private contracts.

Staff recommends the City Council approve amendment to the SIA of Annafeld Subdivision, 1st Filing.